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HomeMy WebLinkAboutResolutions R2002-001 to R2002-058A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A RESIDENTIAL PROJECT PLAN FOR LEXINGTON PARK SOUTH, IN A ONE FAMILY DWELLING (SF-10) ZONING DISTRICT, BEING AN APPROXIMATELY 38 ACRE SITE GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY LANE APPROXIMATELY 2,200 FEET SOUTH OF ROBINSON LANE; AND PROVIDING FOR AN EFFECTIVE DATE. (SP00-0017) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No. 2000-046 which established certain residential interim regulations (the "Residential Interim Regulations"); WHEREAS, the Residential Interim Regulations established, among other things, a project plan requirement; and WHEREAS, the owners of an approximately 38 acre tract of land zoned one-family dwelling (SF-10) and described as 37.8 in the Eli Pickett Survey, Abstract No. 1018, in the City of Denton, Denton County, Texas, have made application for approval of a project plan under the residential interim regulations, a copy of which is attached hereto as exhibit "A" and made a part hereof by reference (the "Project Plan"); and WHEREAS, the City Council finds that the Project Plan, with the conditions imposed herein, if any, meets the requirements of the Residential Interim Regulations: NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Project Plan is hereby approved with the conditions that the "open space easement maintained by the Home Owners Association" for Lot 6X, Block M does not fully contain the proposed detention pond as indicated by the separate "proposed detention pond" plans which show lots 4, 5 & 6X as detention pond. Revised Engineering plans will need to be completed and approved by Engineering to alter the configuration of the detention pond on lots 4, 5 &/or 6X. The detention pond as approved by Engineering will be constructed by the developer, dedicated to and maintained by the City of Denton. SECTION 5. This resolution shall become effective immediately from and after its approval. PASSED AND APPROVED this the EULINE BROCK, MAYOR Page 1 of 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,~TORNEY Page 2 of 10 Exhibit A '.i Page 3 of 10 ag~-4 6t- 1- Page 6 of 10 Page 7 of 10 Page 8 of 10 Page 9 of 10 Page lOoflO RESOLUTION RESOLUTION NO. ~00~- 0~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE INTERIM EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.051 et seq. of the Transportation Code authorizes the creation of an authority to provide public transportation and transportation-related services; and WHEREAS, the Denton County Commissioners' Court has initiated the process to create such an authority known as the Denton County Transportation Authority hereinafter referred to as "Authority"; and WHEREAS, the Denton City Council deems that it is in the public interest to appoint a member and two alternates to the Interim Executive Committee for the Authority; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: h~h SECTION 1. That 0Z~-, //~&'c~ is hereby appointed as a member and z.~.]-zo,--o is hef'eby appointed as first alternate and ~ /~/x.;x/v-v~ is hereby appointed as second alternate to the Interim Executive Committee of the Denton County Transportation Authority as representatives for the City of Denton, Texas, in accordance with Section 460.054 of the Transportation Code. SECTION 2. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 3. That all previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the a2 q~ay of /~_¢t,-m. oc~-x4~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 RESOLUTION RESOL ION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG') FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS (MUNICIPAL LITTER ABATEMENT AND WASTE RECEPTACLES $99,670.20); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Govemments (hereailer "NCTCOG") is directed by the Texas Natural Resource Conservation Commission to administer solid waste project funds for implementation of the Council of Government's adopted regional solid waste management plan; and WHEREAS, the City of Denton in the State of Texas is qualified to apply for project funds under the Request for Projects; NOW, THEREFORE, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Manager of the City of Denton, Texas, is authorized to request project funding under the North Central Texas Council of Governments Request for Projects of the Regional Solid Waste Local Project Funding Program for the Municipal Litter Abatement and Waste Receptacles Grant Application, and to act on behalf of the City of Denton in all matters related to the project application and any subsequent project contract, and project that may result. SECTION 2. That if the project is funded, the City of Denton, Texas will comply with the project requirements of the NCTCOG, the Texas Natural Resource Conservation Commission, and the State of Texas. SECTION 3. That the project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. That activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~.~~ dayof J~ ,2002. EULINE BROCK, MAYOR-- ATTEST: JENNIFER WALTERS, CITY SECRETARY ~]..' ~r~ - - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumentsXu~esolutions\02~ICTCOG Grant Resolution-0202 Solid Waste.doc RESOLUTION S:\Our Documcnts\Rcsolutions~02\Right-of-Way Use Agtecment-Goen.doe RESOLUTION NO. /~00~ ~ ! A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND GEORGE C. GOEN, JR.; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and George C. Goen, Jr. desire to enter into a Right-of- Way Use Agreement a copy of which is attached hereto and made a part hereof by reference (the "Right-of-Way Use Agreement") to permit George C. Goen, Jr., the right to the non-exclusive use of a portion of right-of-way dedicated to the City for the purpose of constructing and maintaining a sidewalk; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Section 1. The City Council of the City of Denton hereby authorizes the Right-of-Way Use Agreement and authorizes the City Manager or his designee to execute said agreement on behalf of the City of Denton. Section 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the .~"~( day of L~~ ,2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. ATTORNEY BY: RIGHT-OF-WAY USE AGREEMENT Tm~, STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: The City of Denton, hereinafter referred to as "CITY" does consent and agree to permit George C. Goen Jr., hereafter referred as "APPLICANT", the right to the non-exclusive use of a portion of right-of-way dedicated to the City which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Right-of-Way Area") for the purpose of constructing and maintaining a sidewalk as shown on Exhibit "B" (the "Sidewalk"), upon the following conditions: The APPLICANT, his successors or assigns shall maintain and keep in sightly condition all of the Right-of-Way Area and the Sidewalk and the CITY shall not become responsible for such maintenance at any time in the future. The APPLICANT shall and does hereby agree to indemnify and hold harmless CITY from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the right-of-way or act of omission, neglect or wrongdoing of APPLICANT, his officers, agents, employees, invitees or other persons, with regard to the Sidewalk and the APPLICANT shall, at his own cost and expense, defend and protect the CITY against any and all such claims and demands. The APPLICANT shall purchase and maintain Homeowner General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Sidewalk with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. The APPLICANT shall arrange for all activities and improvements in the right-of-way to be discontinued and/or removed, at the direction of the CITY, within thirty (30) days of notification by CITY, that the City Council has directed the use of the right-of-way by the APPLICANT be discontinued. The costs associated with the discontinuing of such activities, and the removal of such improvements, as well as property adjacent to the right-of-way necessitated by such discontinuation of the right-of-way use, shall be borne by the APPLICANT. Page I of 1 The APPLICANT, his successors or assigns shall not seek compensation from CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT. This Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and assigns. The covenants contained herein are restrictive covenants that touch and run with the land described as Lot 5, Block 1 of the Southmont Addition, an addition to the City of Denton, Texas, according to the plat thereof recorded in of Plat Records of Denton County, Texas (the "Property"), and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date this agreement. IN TESTIMONY WH.,EI~E,_ OF, APPLICANT executes this Right-of-Way Use Agreement onthis ~/.-t.~ dayof /~:-~to.~ ,2002. / CITY OF DENTON, TEXAS APPLICANT By: Michael A.'Co'nd{iff,/~) City Manager By: ~' -~-~ ~/ ~ George C. / Page 2 of 2 ACKNOWLEDGEMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the ii d~of ~~02 by Michael A. Conduff, City Manager of the City of Denton, Texas/~/behalf~ds ci~ [ ,(;,~;~ ANN FORS'fl'HE [ Notary Public, in and f~r the ~ate of Texas ] ~ MY 9, 2002 [ My Commission expires: STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me o~ the,~/'~ day 0f~%t~ C/~, 2002 by George Notary Public, in and fo~ ihe State of 3fexas My Commission expires: Page 3 of 3 EXHIBIT A EXHIBIT E '~- · N GOo 49' ~0' E iizn4' I:~'/.~:T F~W~ ~d~T. PECAN TO 33..rI S COO 36' 50" E ~IZCC' STANOAI~,D CITY -- OP DE-~TO~I COX~ 0 R'~V F. APPROACH P~.NNSYLYANIA STREET O; D=~uTM C~,'-- I Policy Number 85-PC-7988-4 P · 0.. BOX DECLARATIONS PAGE E--~NEW [] RENEWAL STATE FARM LLOYDS 799100. DALLAS TX 75379-9100 A LLOYDS COMPANY IN DALLAS. TEXAS [] AMENDED-DATE 01/22/2002 ADDL INSURED-SECTIONS I & II 75'61-F063 K CITY OF DENTON ATTN: PAUL WILLIAMSON 601 E HICKORY ST STE B DENTON TX 76205-4304 NAMED INSURED GOEN, GEORGE C 2.900 PENNSYLVANIA DR DENTON TX 76205-8308 TEXAS HOMEOWNERS POLICY FORM B 01/96 POLICY PERIOD EFFECTIVE DATE: 09/06/2001 AT 12:01 A.M. STANDARD TIME AT THE LOCATION OF EXPIRATION DATE: 09/06/2002 THE RESIDENCE PREMISES/DWELLING ~ RESIDENCE PREMISES/DWELLING LOT BLOCK ADDITION SAME AS INSURED'S ADDRESS YOUR POLICY IS AMENDED 01/22/2002: ADDL INSURED NAME & ADDRESS ADDED SECTION II COVERAGE LIMITS CHANGED ENDORSEMENT H0-301 ADDED CONSTRUCTION: VENEER COVERAGES SECTION I PROPERTY INSIDE/OUTSIDE CITY LIMIT OF LIABILITY COVERAGE A DWELLING $ 400,000 OTHER STRUCTURES $ 40,000 COVERAGE B PERSONAL PROPERTY $ 240,000 PERSONAL PROPERTY OFF PREMISES $ 24,000 SECTION II LIABILITY COVERAGE C PERSONAL LIABILITY (EACH OCCURRENCE) $ 500.000 COVERAGE D MEDICAL PAYMENTS TO OTHERS (EACH PERSON) $ 5.000 INCREASED LIABILITY LIMITS LOSS OF USE COVERAGE $ 80,000 OTHER RESIDENTIAL PREMISES-LOCATION DEDUCTIBLES 'AMOUNT OF (SECTION I ONLY) DEDUCTIBLE DEDUCTIBLE ADJUSTMENT PREMIUM DEDUCTIBLE DEDUCTIBLE DEDUCTIBLE CLAUSE 1 $ 4,000 CLAUSE 2 $ 4,000 CLAUSE 3 OTHER COVERAGES AND ENDORSEMENTS ENDORSEMENT TITLE AND NUMBER BLDG ORDINANCE OR LAW - 10~ FE-5587 REPL COST ON PERS PROPERTY H0-101 10/93 RESIDENCE GLASS COVERAGE H0-105 07/92 *ADDITIONAL INSURED H0-301 10/95 BASIC PREMIUM ENDORSEMENT PREMIUM INCREASE LIMIT OF LIABILITY LIMIT: INSIDE PREMIUMS $ $ 11 PREMIUMS * NEW FORM ATTAC H~)~HER COVERAGES, LIMITS AND EXCLUSIO~[~YP'~ECRYToPyRoFL~IPL~t~ICY $ PREPARED 01/23/2002 FP-7012C AGENCY AT~b/~'~ TEXAS CONTINUED ON SUPPLEMENTAL DECLARATIONS PAGE 1.258 I · Policy Number 85-PC-7988-4 SUPPLEMENTAL DECLARATIONS PAGE r-~ NEW [--1RENEWAL r-~ AMENDED-DATE 011221200; STATE FARM LLOYDS ~ P.O. BOX 799100. DALLAS TX 75379'9100 A LLOYDS COMPANY ZN DALLAS. TEXAS ADDL INSURED-SECTIONS I & II 7561-F063 K CITY OF DENTON ATTN: PAUL WILLIAMSON 601 E HICKORY ST STE B DENTON TX 76205-4304 NAMED INSURED GOEN. GEORGE C 2900 PENNSYLVANIA DR DENTON TX 76205-8308 TEXAS HOMEOWNERS POLICY - FORM B CREDIT PERCENTAGE UTILITY RATING PLAN 25~ RENEWAL 15x HOME/AUTO 5~ PREPARED 01/23/2002 OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY- REFER TO YOUR POLICY JOHN MARK DAVIS 817-573-8826 AGEN1 · .' ENDORSEMENT NO. HO-301 Effective October 1, 1995 ADDITIONAL INSURED 85,PC-7988-4 GOEN, GEORGE C 7561-F063 Name of Additional Insured(s) Address Interest Location of Premises CITY OF DENTON 601 EAST HICKORY STE B DENTON TX NON OCCUPANT SAME This policy is amended as follows (check the box that applies): SECTION I PROPERTY COVERAGE (PREMISES DESIGNATED ABOVE) The definition of insured includes the additional insured(s) named above. NON-OCCUPANT-SECTION II LIABILITY COVERAGE (PREMISES DESIGNATED ABOVE) Under Coverage C (Personal Liability) The definition of insured includes the additional insured(s) named above. This provision applies only to the ownership, maintenance or use of the premises shown above and operations relating to that premises. This coverage does not apply to bodily iniury to an employee arising out of or in the course of the employee's employment by the additional insured(s). However, the coverage does apply if the additional insured(s) is your partner in the maintenance of a farm shown above. ~-~ OCCUPANT- SECTION II LIABILITY Under Section II Liability: The definition of insured includes the additional insured(s) named above. This provision applies only if the additional insured(s) is an occupant of the residence premises. Prescr bed by the State Board of Insurance Endorsement No. HO-301-Additional insured - Effective October 1, 1995 {F0106C) RESOLUTION RESOLUTION NO./~0~,~ --OOb-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON VflLL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments (hereinafter referred to as NCTCOG) is directed by the Texas Natural Resource Conservation Commission to administer solid waste project funds for implementation of the Council of Government's adopted regional solid waste management plan; and WHEREAS, the City of Denton in the State of Texas is qualified to apply for project funds under the Request for Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager, or his designated representative, of the City of Denton, Texas, is authorized to request project funding under the NCTCOG's Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton in all matters related to the project application and any subsequent project contract and project that may result. SECTION 2. If the project is funded, the City of Denton will comply with the project requirements of the NCTCOG, the Texas Natural Resource Conservation Commission, and the State of Texas. SECTION 3. The project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. Activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. This resolution shall become effective immediately upon its passage and .approval. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE ABANDONMENT OF EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND THE REROUTING OF CHESTNUT STREET TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the University of North Texas desire to enter into an Interlocal Agreement for the exchange of land for use as a fight-of-way, pursuant to §791.028 of the Government Code, §272.001 of the Texas Local Government Code, and §2-127 of the Denton code of ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Section I. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton an Interlocal Agreement with the University of North Texas to enable the exchange of land for use as fight-of-way for the proposed Student Recreation Center located between West Sycamore Street, Chesmut Street, Avenue E, and Avenue D in substantially the same form as of the Inteflocal Agreement attached hereto and made a part hereof by reference. Section 2. approval. PASSED AND APPROVED this the /~-~ dayof J~~-, EULINE BROCK, MAYOR This resolution shall become effective immediately upon its passage and ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERB~_~TORNEY C:\WINDOWS\TEMP\UNT [nterlocaI-ROW.doc INTERLOCAL AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and the University of North Texas CUNT"). WHEREAS, the City and UNT desire to enter into an Interlocal Agreement for the exchange of land for use as 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; and WHEREAS, UNT has a construction project to build a new student recreation center located between West Sycamore Street, Chestnut Street, North Texas Boulevard (formerly known as Avenue E), and Avenue D that requires the abandonment of a portion of Edwards Street and a partial abandonment of Chestnut Street as described in Exhibits "A" and "C" and illustrated on Exhibit "B" and "D", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Abandoned Property"); and WHEREAS, the new recreation center will benefit both UNT and the citizens of the City of Denton; and WHEREAS, the right-of-way to be conveyed by UNT to the City in exchange for the Abandoned Right-of-Way is described in Exhibits "E", "G" and 'T' and illustrated in Exhibits "F", "Fl" and "J" ", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Exchange Property" or "Exchange Right-of-Way"); and WHEREAS, both City and UNT agree that the Exchange Property equals or exceeds the fair market value of the Abandoned Property; and WHEREAS, because UNT is the underlying and abutting fee simple owner of Abandoned Property, the conveyance of the City's interest in the Abandoned Property may be for less than fair market value as provided for in §272.001(b) of the Texas Local Government Code; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and UNT hereby agree as follows: 1. The City shall abandon the Abandoned Property and quit claim its interests therein to UNT subject to the rights of all utilities currently existing in the Abandoned Property to continue to operate and maintain existing utility facilities in the Abandoned Property (the "City's Abandonment and Quit Claim"). In exchange for the City's Abandonment and Quit Claim, UNT shall convey the Exchange Property to the City by right-of-way deed or deeds in substantially the form of the Street Right-of-Way Deed attached hereto and made a part hereof by reference as Exhibit "K" (UNT's Conveyance"). 2. If UNT's Conveyance is not made within six months of the City's Abandonment and Quit Claim UNT shall be in breach of this Agreement. In such case the City may either enforce specific performance of this Agreement or obtain liquidated damages from UNT in the amount of $91,000.00. The parties agree that the liquidated damages represents the fair market value of the City's Abandonment and Quit Claim. 3. The City Council of the City and the Board of Regents of UNT have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. the /~itness Where, of,, this Agreement has been executed by the parties to be effective this day of \~"~~ 2002. CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAI~ORM: HERBERT L. PROUTY,,C~FY ATTORNEY / l/ FREDI~ICK R. POLE, VICE PRESIDENT FOR ADMINISTRATIVE SERVICES APPROVED AS TO FORM BY: S:\CONTRACTxAdministrative Contraets~StudentRecCenter~UNT Interlocal Aereement-020602elean.docgA6!ON~d~(~lM~6mlaisl~a6ve Page 2 EXHIBIT A CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET PROPERTY DESCRIPTION BEING o 3,366 square foot tract of land situated in the existing 50' right of way of Chestnut Street, os dedicated to the City of Denton in College Addition, on Addition to the City of Denton, os recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described os follows: BEGINNING ct o 5/8" iron rod set for corner ct the northeast corner of Block 43 of said Addition, said corner also being ct the intersection of the south line of said Chestnut Street with the most westerly northwest corner of Avenue D os abandoned by City Ordinance No. 76-47; THENCE S89'51'20"W, o/cng said south line, o distance of 206.13 feet to o 5/8" iron rod set for corner ct the beginning of o curve to the left having o central angle of 20'57'47", o radius of 279..32 feet and o chord bearing and distance of N7g'12'55"E, 101.63 feet: THENCE deporting said south line and clang said curve to the left on crc distance of 102.20 feet to o p.k. nail set for corner; THENCE N89*51'20"E, parallel to said south line, o distance of 186.30 feet to o 5/8" iron rod set for corner ct the intersection of said south line with the northwest corner of Block ..37 of the aforementioned College Addition; THENCE S76'$9'46"W, clang said south line and along o north line of the aforementioned Avenue D abandonment, o distance of 82.22 feet to the POINT OF BEGINNING and containing 3,366 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line 'of Chestnut Street, S89'51'20"W, · os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 2416, Deed Records, Denton County, Texas. 0i¥ii & Structural Engineering SurYe~ng 4144 Central E×pwy.,Sulte 1100 Dellos,Te×a$ 75204 (214)a24-3§47 Job No. 001015.401 January, 2002 Sheet 1 of 2 EXHIBIT B CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET SCALE 50' Right of Way ~+'~'~'~" N 89'51'20"E CHESTNUT STR~ P.O. B ,,, t  b S 89'b~'20" W 206.15' i~ ,-,C.~', A = 20'57 47 ~ R = 279.52' L = 102.20' CB= N 79'12'55" E Ch = 101.65' CHESTNUT STREET 80' R.O.W. 186.50' ' 5/8"tRS R.O.W. Abandoned by Ordinance No. 76-47 ~ BROCKETTE DAVIS pRAKE , inc. r-)~-)consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Sulte 1100 dob No. C01015.401 V. 4942,~~ Dallas,Texas 75204 (214)824-3647 January, 2002 Sheet 2 of 2 EXHIBIT C EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET PROPERTY DESCRIPTION BEING o 26,988 square foot tract of land situated in the E. Pucholski Survey, Abstract No. 996, in the City and County of Denton, State of Texas, and being o port of Block 43, College Addition, and being more particularly described os follows: BEGINNING ct o 3/8" iron rod found for corner in the south line of Edwards Street (45' R.O.W.,) ct its intersection with the west line of Avenue D os shown on the Mop of said College Addition; THENCE N89'55'52"W, clang said south line of Edwards Street, o distance of 599.73 feet to o 5/8" iron rod set for corner ct the intersection of said south line with the east line of Avenue E (50"R.O.W.); THENCE NOO'OS'IS"E, deporting said south line and clang said east line of Avenue E, o distance of 45.00 feet to o 5/8" iron rod set for corner ct the intersection of sold east line with the north line of said Edwards Street; THENCE S89'55'52"E, departing said east line and clang the said north line of Edwards Street, o distance of 599. 73 feet to o 5/8" iron rod set for corner in the afore- mentioned west line of Avenue D; THENCE S00"08'18"W, deporting said north line and along the said west line of Avenue D, o distance of 45.00 feet to the POINT OF BEGINNING and containing 26,988 square feet or 0.6196 acres of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Edwards Street, Nsg*55'52"W, os shown on the Warranty Deed recorded in Votume 2049, Page 396, Deed Records,__.. Denton. County, Texos. .~- ~ BROCKETTF' DAVIS DRAKF. , n~~' ~' )E:)consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dallas,Texas 75204 (214)824-3647 Job No. C01015.401 October, 2001 Sheet 1 of 2 EXHIBIT D ED WARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET SCALE "1'.--'100 AVENUE E "X'~OUND 5!.0' C) c~ N 00'08'18" E cOLt- i3t-0 POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT AVENUE 80' R.O.W, 4144 Centrol Expwy.,Suite 1100 Job No. C01015.4-01 50' R.O.W. 5/a"~Rs ~5 0~ 00'08'18"W 45.0, 1 ~ BROCKETTE DAVIS pRAKE , inc, r-~::)consul ting engineers Civil &: Structurol Engineering Surveying Oollos,Texos 75204 (214)824-3647 October, 2001 Sheet 2 of 2 EXHIBIT E County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CS J: 918-46 Page 1 of 2 D-15- April 10, 2001 Legal Land Description for Parcel 5 Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page 152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; THENCE S 00°04, 17" W with the west line of said State of Texas tract a distance of 41.743 meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 88°36'48'' E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; (2) THENCE S 89°59' 19" E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod set; (3) (4) THENCE S 88°36'48'E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod set; THENCE S 89°oo'53"E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County, Texas; (s) THENCE S 00'21'48" E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); (6) THENCE N 89o57'38'' W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the southwest comer of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County, Texas; I:~urvey~2000~000090',PARCEL51gl.doc Page 1 of 2 EXHIBIT E County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 2 of 2 D-15- April 10, 2001 (7) THENCE N 00°21'48" W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; (8) THENCE N 89o55'43'' W with the south line of last said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract, said iron rod also being the southeast comer of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County, Texas; (9) THENCE N 00°04' 17" E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF BEGINNING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLA.NE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway A plat of even survey date herewith accompanies this legal description. l:\Survey',2000~2000090~PARCELSlgl.doc Page 2 of 2 " EXHIBIT F DC-DC E~ o Z PARCEL 5 LOT LINE CHARLES L. JOHNSON · ~' &: WIFE MARY ANNE JOHNSON DEED VOL. 535, PG. 54.9 D.R.D.C.T. STATE OF TEXAS DEED VOL. 583, PG. 73 D.R.D.C.T. LOT 10 LOT 11 BLOCK 7 COLLEGE ADDITION VOL. 44, PO. 600 P.R.D.C.T, STATE OF TEXAS DEED 'VOL. 592, PG. 702 D.R.D.C.T, STATE OF TEXAS DEED VOL. 247,3, PG. 152 D.R.D.C.T. LOT 12 o STATE OF TEXAS '~ DEED .-< VOL. 540, PG. 215 ~ D.R.D.C.T. Z rq S' ~O;~{;4~';'E ,~ ,.,~.'9'l~m' ~LYNN 'C. MORRIS &: KATHERINE E. MORRIS .... [22.67'] DEED ..... 94-R0012706 LOT 1.'1 D.R.D.C.T. NOTE: EN6LISH UNITS ARE PROV~DEO FOR INFORMAllON ONLY 0=15.875 mm IRON ROD S~T UNLESS OTHERWISE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORI~I CENTRAL ZONE, NAD83 BATUkI. EXHIBIT SHOWING A 0.05141 ha [0.1270 ac.] TRACT OF LAND IN THE E. PUCHALSKI SURVEY ABSTRACT NO. 996 DENTON, DENTON COUNTY, TEXAS April 10, 2005 EXHIBIT G County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CS3': 918-46 Page I of 2 D-15- March 13, 2001 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County, Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat RecOrds, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01"04'09" E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 01°04'09'' E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said ,,,,'est right-of-way line a distance of 9.984 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive (a variable width right-of-way); (2) THENCE N 89*53'30" W leaving the east line of said Lot 4R and along the south lines of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters [144.89 feet] to a 15.875mm iron rod set; (3) THENCE N 01°13'12'' W leaving the north line of Eagle Drive a distance of 0.698 meters [2.29 feet] to a 15.875mm iron rod set; (4) THENCE N 88°44'49'' E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; (5) THENCE N 43*46'48" E a distance of 11.656 meters [38.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. l:\Survey~2000~000090kPARCELllgl.doc Page 1 of 2 EXHIBIT G County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CS J: 918-46 Page 2 of 2 D-15- March 13, 2001 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Akport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. [Joh~t N. Cordle ~ RP//LS No. 2026 ~Dunaway Associates, Inc. l:~u rvey~000x2.000090WARCEL1 lgl.doc ;~. Page 2 of 2 EXHIBIT H PARCEL i NOTE: ENGLISH UNITS ARE PRO%,IDED ['OR ~NFORMA~ON ONLY 0=15,875 mm IRON ROD SET UNLESS O~HERWI~ NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINAT~ SYSTEM NOR'~i CENTRAL ZONE, NAD83 DA'nlM. N 01'13'12' W 0.6 [2.29'] CITY OF DENTON BLOCK 21 COLLEGE ADDN. CAB. F, PC, 107 F.R.D.C T STATE OF TEXAS (0.0425 ACRES) 96-R0064440 cot 3~ D.R.D.C.T. STATE OF TEXAS ~ DEED (0.1284. ACRES) STATE OF TEXAS 9B-RO062108 DEEO D.R.D.C.T. VOL. 549, PG. 652 N 43'46'48' E 11.656m-- [38.24'] N 88'44'49" E 35.935m [117,90'] N 89'53'30" W 44.163m [144.89'] GRAPHIC SCALE ( IN ~ETERS ) 10 0 5 10 20 30 1 : 500 ( m ~ ) \~ .JO~N N CORDLE E~IBIT SHO~NG A 0.0097~ ha [0.0~17 ac.] TRACT OF L~D IN TH~ E. PUCH~SKI ~BSTR~CT NO. DENTON, DENTON COUNTY, TE~S Uorch 15, 2001 EXHIBIT I 7,956 FT. DEDICATION BLOCK 43, COLLEGE ADDITION PROPERTY DESCRIPTION BEING o 7,956 square foot tract of land in Block 43 of the College Addition, on Addition. to the City of Denton, Texas, os recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described os follows: BEGINNING at o 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) os shown by the plot of said College Addition; THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.O.W.): THENCE NOO'OO'30"W, deporting soid north line and along said east line, o distance of 8.00 feet to o 5/8" iron rod set for corner; THENCE N89'51'20"E, deporting said east line and parallel to said north line, o distance of 394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the left having o central angle of 18'16'02", o radius of 221.32 feet and o chord bearing and distance of NSO'57'50"E, 70.26 feet; THENCE along said curve to the left on arc distance of 70.56 feet to o 5/8" iron rod set for corner at the beginning of o reverse curve to the right having o central angle of 17'43'16", o radius of 278.68 feet and o chord bearing and distance of NSO'57'50"E, 85.85 feet; THENCE along said reverse curve to the right an arc distance of 86.19 feet to o 5/8" iron rod set for corner; THENCE N89'.bg~"E, parallel to the obovementioned north line of Chestnut Street, o distance of 51.~*~' feet to o 5/8" iran rod set for corner in the aforementioned west line of Avenue D; THENCE SO0'O0'$O"E, along said west line, o distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Chestnut Street. S89'51'20"W, os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Deed Records, Denton County. Texas. ~ BROCKETTE DAVIS Ez cz: consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dallas,Texas 75204 (214)824-56~7 Job No. C01015.401 January, 2002 Sheet 1 of 2 *". EXHIBIT J SCALE 1~-'100 7,956 SQ. FT. DEDICATION BLOCK 43, COLLEGE ADDITION GOLL~'G c) C) POINT OF BEGINNING 7,956 SQUARE FEET STREET DEDICATION z/a "~F~F S 00'00'30' E 32.01 ,N 00'00'30' W 8.00' ~3 BLOCK = R = 22L$2' L ,. 70,56' CS= N 80~7'50" 5/8"1R5 Ch = 70,26' ~ 17'43'16" R = 278.68' L = 86.79' CB= N 80'57'5( Ch = 85.85' 5/8 "IRS 4144 Centrol Expwy.,Suite 1100 Job No. C01015.401 89'59~ £ 51.46' 3/S"IRF~ AVENUE 80' R.O.W. AVENUE E 50' R.O.W. I I I~ BROCKETTE DAVIS pRAKE i~EZZ~consul ting engineers Civil &: Structurol Engineering Surveying DollosiTexos 75204 (214)824-,3647 Jonuory. 2002 Sheet 2 of 2 F~ IIBIT K PAGE 1 OF 10 STREET RIGHT-OF-WAY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the University of North Texas whether one or more, hereinafter called "Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, SAI Yz. and CONVEY unto the Grantee all of those certain tracts or parcels of land containing collectively approximately 0.3313 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" illustrated in Exhibit "B", described in Exhibit "C" illustrated in Exhibit "D", and described in Exhibit "E" illustrated in Exhibit "F", all of which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property." It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of-way, drainage improvements, utilities and other related improvements. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property, but as a restriction as to the permitted use of the Property. Grantor hereby acknowledges that it has received full compensation for the property interests conveyed to Grantee hereunder, including without limitation, full compensation for severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. Notwithstanding the area and shape of the Property, this Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to the extent allowed by law, to forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. S:\CONTRACT~dministrative Contracts\StudentRe¢Center\Street ROW Donation Deed Examole- I EXHIBIT K PAGE 2 OF 10 SIGNED this day of ,2002. The University of North Texas By: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me this , the behalf of said governmental entity. , day of ~ 2002, by of the University of North Texas on Notary Public, State of Texas Print Name: My commission expires Page 2 EXHIBIT K PAGE 3 OF 10 EXHIBIT A County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A' to I.O.O.F Street CS J: 918-46 Page 1 of 2 D-15- April 10, 2001 Legal Land Description for Parcel 5 Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page 152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as foIlows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; THENCE S 00004, 17" W with the west line of said State of Texas tract a distance of 41.743 meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 88°36'48'' E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; (2) THENCE S 89°59'19'' E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod set; (3) THENCE S 88°36'48"E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod set; (4) THENCE S 89°00'53" E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract described in deed to Glynn C. Morris& Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County, Texas; (5) THENCE S 00°21'48'' E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); (6) THENCE N 89°57'38" W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County, Texas; I:~Survey~000",2000090~PARCEl..51gl.doc Page 1 of 2 EXHIBIT K PAGE 4 OF 10 EXHIBIT "A" County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 2 of 2 D-15- April 10, 2001 (7) THENCE N 00"21'48" W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; (8) THENCE N 89°55'43'' W with the south line of last said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract, said iron rod also being the southeast comer of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County, Texas; (9) THENCE N 00°04'17" E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF BEGINNrING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979' set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway A plat of even survey date herewith accompanies this legal description. / Jp i N. Cordle ( 2RPLS No. 2026 '~Duna,,va7 Associates, Inc. I:\Surve¥~2000~2000090WARCELSIgLdoe Page 2 of 2 EXHIBIT B PARCEL 5 EXHIBIT K PAGE 5 OF 10 LOT LINE CHARLES L. JOHNSON "" &: WIFE MARY ANNE JOHNSON DEED VOL. 535, PG. 54.9 D.R,D.C.T. STATE OF TEXAS DEED VOL. 583, PG. 7,3 D.R.D.C.T. LOT 10 LOT 11 STATE OF TEXAS DEED VOL. 592, PG. 702 D.R.D.C.T. BLOCK 7 COLLEGE ADDITION VOL. 44, PO. 600 P.R.D.C.T. STATE OF TEXAS DEED VOL. 24-73, PG. 152 D.R.D.C.T. ,--] 0 [22 67'] LOT 12 STATE OF TEXAS DEED VOL. 540, PG. 215 D.R.D.C.T. S 00'2f48" E 6.910m GLYNN C. MORRIS &: KATHERINE E. MORRIS DEED 94-R0012706 LOT 1,7, D.R.D.C.T. NO'[E: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY 0=15.875 mm IRON ROD SET UNLESS 01~IERVASE NOTED. No'rE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE. NAD83 DATUM. EXHIBIT SHOWiNG A 0.05141 ha [0.1270 ac.] TRACT OF LAND IN THE E. PUCHALSKI SURVEY ABSTRACT NO. 996 DENTON, DENTON COUNTY, TEXAS April 10, 2001 EXHIBIT K PAGE 6 OF 10 EXHIBIT C County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 1 of 2 D-15- March 13, 2001 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchals~ Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652, Deed .Records, Denton County, Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01°04'09'' E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter calIed 15.875mm iron rod set) at the POINT OF BEGINNING; (i) THENCE S 01004'09'' E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said ','.'est right-of-way line a distance of 9.984 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive (a variable width right-of-way); (2) THENCE N 89°53'30'' W leaving the east line of said Lot 4R and along the south lines of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters [144.89 feet] to a 15.875mm iron rod set; (3) THENCE N 01°13'12'' W leaving the north line of Eagle Drive a distance of 0.698 meters [2.29 feet] to a 15.875mm iron rod set; (4) THENCE N 88044'49TM E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; (s) THENCE N 43°46'48TM E a distance of 11.656 meters [38.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. l:\Survey~000~000090~PARCELllgl.doc Page 1 of 2 EXHIBIT C County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CS J: 918-46 Page 2 of 2 March 13, 2001 EXHIBIT K PAGE 7 OF 10 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. [Joh~ N. Cordle I~ RP/LS No. 2026 "ESunaway Associates, Inc. IASurvey~2000~2000090~ARCELllgl.do¢ Page 2 of 2 EXHIBIT D PARCEL 1 NOTE: ENGLISH UNITS ARE PRO~IO£0 FOR INFORMA'RON ONLY O-15.875 mm lEON RO0 SET UNLESS OII-IERWlSE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DA~JM. EXHIBIT K PAGE 8 OF 10 N O1'15'12' W 0.6~ [2.29'] CITY OF DENTON STATE OF TEXAS DEED VOL. 54g, PG. 652 D.R.D.C.T. STATE OF TEXAS (o.o42s ACE,S) 96-R0064440 ~o~ ~ D.R.D.C.T. STATE OF TEXAS DEEO (0.1284 ACRES) 96-R0062108 0.R.D,C.T. N 43'4§'48' E 11.656m--~ N 88'44'49' E :35.9~5m [117,90'] N 89'53'30" W 44.155m [144.89'] om no 1.049m GRAPHIC SCALE ( ~N ~rrz~s ) lo o 5 lO 2o 1:500 I 30 ( [H ~T ) E~IBIT SH0~NG A 0.00gTS ha [0.0217 ac.] TRACT 0F L~D IN THE ABSTRACT N0. 996 DENTON, DENTON COUNTY, TE~S March 15, 20OI EXHIBIT E 7,956 SQ. FT. DEDICATION BLOCK 43, COLLEGE ADDITION EXHIBIT K PAGE 9 OF 10 PROPERTY DESCRIPTION BEING o 7,956 square foot tract of land in Block 43 of the College Addition, on Addition to the City of Denton, Texas, os recorded by plot in Volume 44, Page 600, Deed Records, Denton County. Texas, and being more particularly described os follows: BEGINNING at o 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) os shown by the plot of said College Addition; THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.O.W.): THENCE NOO'OO'30"W, deporting said north line and along said east line, o distance of 8.00 feet to o 5/8" iron rod set for corner; THENCE NBg'51'20"E, deporting said east line and parallel to sold north line, o distance of ..394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the left hovlng o central angle of 18'16'02", o radius of 221.32 feet and o chord bearing and distance of NBO'57'50"E, 70.26 feet; THENCE along said curve to the left on arc distance of 70.56 feet to o 5/8" iron rod set for corner at the beginning of o reverse curve to the right having o central angle of 17'43'16", o radius of 278.68 feet and o chord bearing and distance of N80'57'50"E, 85.85 feet; THENCE along said reverse curve to the right on arc distance of 86.19 feet to o 5/8" iron rod set for corner; N89'59~'~"E, parallel to the abovementioned north line of. Chestnut Street, THENCE dlslonce of 51.~5 feet to o 5/8" iron rod set for corner in the oforementloned west line of Avenue D; THENCE SO0'O0'30"E, along said west line, o distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Chestnut Street. S89'51'20"W os shown on the Denton City Ordinance No. Deed Records, Denton County, Texas. 76-47 recorded in Volume R BROCKETTE DAVIS .DRAKE , in( [::)Dconsulting engineers Civil & Structural Engineering Surve)4n9 4144 Central Expwy..Sulte 1100 Job No. C01015.401 Dallas,Texas 75204 (214)824-3647 January, 2002 Sheet 1 of 2 · ' EXHIBIT F EXHIBIT K ~ ® ~ 7,956 SQ. FT. DEDICATION ,.^GE ,o oF ,o SC~E ~'-.~oo BLOCK 43, COLLEGE ADDITION oo~o'~o' w e. oo'A V E N U E E 5/8"/RS, 50' R.O.W. © ~ /~ ~,,~ I~/ /Zb /I / R = 22L32' I ~ I /~~ /~L = 70.~' J ~ / i~ I~R = 278.[8 I I POINT OF BEGINNING ~ ~ ~ ~ ~ = 8~,~ I I 7,95~ SOUARE FEET / /~ch = ~5.85' / SmElT DEO/CA~/O~ ~1/ t ~/~",~s / / J5/8~5/8"IRS"IRF 3/8''IRF[ S 00~0'30" E 32.01 A V E N U E D 80' R.O,W. ~ BROCKETTE ' DAVIS pRAKE ~', ~,~,~/~¢/ , ~consultmg eng,neers ..'::~);~'. ~ .......... , Civil A Structurol Engineering Surve~ng 4144 Centrol Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647 Job No. C01015.401 Jonuery, 2002 Sheet 2 of 2 RESOLUTION RESOLUTION NO. ~6~ - ~fP7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF TAXABLE BONDS AND NOTES BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND NOTES AND THE USE OF THE PROCEEDS OF SUCH BONDS AND NOTES; 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, pursuant to the Texas Non-Profit Corporation Act, 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 in 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 tax exempt student loan revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended; and WHEREAS, due to the scarcity of tax-exempt funds and restrictions on their use, the Authority must issue taxable bonds and notes to fund the purchase of student loans; and WHEREAS, the Authority requests that the City approve the Authority's issuance of taxable bonds and notes, to be. issued in one or more series, as needed, to augment the Authority's tax-exempt funds; WHEREAS, the City wishes to approve the issuance of taxable bonds and notes provided that City is not responsible in any way for such bonds and notes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver taxable student loan revenue bonds and notes or other taxable obligations, in one or more series in an aggregate principal amount not to exceed the limit approved for the North Texas Higher Education Authority, Inc., 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 obligations 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 issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53, Texas Education Code. SECTION 2: The City 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, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53.47(e), Texas Education Code, as amended. SECTION 3: The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 4: Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of 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 without having made provisions for its payment, and the City Council of the City. of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 5: It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 6: This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _~:fl''~ dayof. _~~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN ABSTRACT 616 OF THE S.C. HIRAM SURVEY, TRACT 16, OLD DCAD TRACT 2, BY THE COUNTY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Cause No. 98-0352-158, County of Denton vs. Hattie Smith a/k/a Hattie Wright a/k/a Hattie L. Wright, was filed in the District Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit: .410 Acre out of Abstract 616 of the S.C. Hiram Survey, Tract 16, Old DCAD Tract 2, an Addition to the City of Denton, Denton County, Texas being that property more particularly described in the Denton County Deed Records, Volume 349, Page 288 SAVE and EXCEPT that property described in Volume 578, Page 47 of the Deed Records, Denton County, Texas; WHEREAS, the District Court of Denton County, Texas granted Judgment on April 6, 2000, in favor of the taxing jurisdiction of Denton County as follows: County of Denton City of Denton Denton Independent School District Title Research Fees City of Denton Mowing Liens $ 644.02 $ 1,297.65 $ 3,975.01 $ 100.00 $ 1,141.37 Total Due Market Value (According to Denton Central Appraisal DistricO $ 6,058.56 $24,255.00 WHEREAS, the said parcel of land was offered for sale on February 6, 2001 by the Sheriffof Denton County at public auction pursuant to judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest; and WHEREAS, said parcel of land did not receive sufficient bid as set by law and was struck off to the County of Denton, Trustee, in trust for itself, the City of Denton, a municipal corporation and Denton Independent School District pursuant to Section 34.01 (c) Property Tax Code; and WHEREAS, the taxing units involved desire to resell said parcel of land in an expeditious manner pursuant to Section 34.05 Property Tax Code; and WHEREAS, the City Council finds that it is the public interest to authorize the sale of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, does hereby authorized the Trustee to solicit from the public, bids on the said parcel of land or to request that the Sheriff of Denton County to sell this property pursuant to Section 34.05 (c) Property Tax Code, and we do hereby consent to the sale of said parcel of land to the highest bidder even if the bid tendered is less than the market value of the land specified in judgment of foreclosure or the total amount of the judgment against the property. The Mayor is authorized to execute any deed necessary to convey the parcel of land upon sale. SECTION 2. This ordinance shall become effective immediately upon its p~ssage and approval. PASSED AND APPROVED this the ~ day of ~t/~. ~/~ , 2002. EULINE BROCK, MAYOR ATTEST: JENN~ER WALTERS, CITY SECRETARY APP~fv~D ~TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION S:~our documents~resolutions\02\confirmation of police chief appointn~nt,doc RESOLUTION NO. A RESOLUTION CONFIRMING THE APPOINTMENT OF CHARLES WILEY, BY THE CITY MANAGER, AS POLICE CHIEF FOR THE CITY OF DENTON POLICE DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the city manager pursuant to Local Government Code Section 143.011 has appointed Charles Wiley to be Police Chief of the City of Denton Police Department; and WHEREAS, the City Council of the City of Denton has determined that the appointment should be confirmed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the appointment, by the city manager, of Charles Wiley as Police Chief of the City of Denton Police Department is hereby confirmed. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~5~~ day of ~/~//~-- , 2002. ' ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY A~ROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EULINEBROCK, MAYOR RESOLUTION RESOLUTION NO. ~/~,~ "~(~//~ A RESOLUTION AUTHORIZING A STEERING COMMITTEE OF AFFECTED CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS IN THE MATTER OF THE STATEMENT OF INTENT BY TXU GAS DISTRIBUTION COMPANY TO CHANGE RATES; AUTHORIZING THE HIRING OF ADDITIONAL CONSULTANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; PERMITTING SPENCER STATION GENERATING COMPANY, L.P. TO INTERVENE IN THIS PROCEEDING; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY; ADOPTING FINDINGS IN THE PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Gas Distribution Company, (hereinafter called "TXU Gas"), on March 1, 2002, filed a Statement of Intent to Change Rates with individual cities for an increase in rates; and WHEREAS, TXU Gas has proposed that the change in gas rates would become effective April 5, 2002, and would increase TXU Gas's annual revenue by $33.9 million, or 8.02% in 107 cities in the North Texas Metroplex Distribution System which includes an annual increase of $1,207,538 or an increase of 10.35% to rate payers within the City of Denton; and WHEREAS, the municipality of Denton, Texas, (hereinafter called "City") is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such proceedings; and WHEREAS, the City is entitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WHEREAS, a steering committee of the Northwest Metroplex Distribution System cities has been formed to facilitate and coordinate the participation of cities in the service area of TXU Gas in these rate proceedings; and WHEREAS, after having considered information fi.om TXU Gas, it is the opinion of the City Council of the City of Denton, Texas, that the proposed Schedule of Rates should be suspended for a period of ninety (90) days fzom the effective date stated in TXU Gas' Statement of Intent or other documentation, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, on March 15, 2002, the City Manager received Spencer Station Generating Company, L.P.'s ("Spencer") Plea In Intervention seeking to intervene in this proceeding and requesting the City to permit it to participate in this proceeding to investigate and consider TXU Gas' Statement of Intent to change rates; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Texas Railroad Commission, all as directed by the steering committee of affected cities and to allow Spencer to intervene as an affected person; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Attorney to represent the City on the Steering Committee of affected cities (hereinafter called "Steering Committee") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the City in related dockets and appeals. SECTION 2. That the City Council authorizes the City Manager to hire the Law Offices of Jim Boyle to review the Steering Committee's consultants findings with respect to the City of Denton service area and to assist the Steering Committee consultants in this proceeding. SECTION 3. In order to allow the City of Denton, Texas, sufficient time to analyze and prepare for a hearing and a decision on any requested rates, the City Council of the City of Denton, Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days from the effective date stated in TXU Gas' Statement of Intent, or other documentation, as initially filed or hereafter revised, i.e., suspension until midnight, July 3, 2002, and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed and shall continue in force until finally approved, modified, or denied by the City Council. SECTION 4. The City of Denton, Texas, should join with other participating cities to review such filing and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at anytime by written notice and to act independently in the exercise of local regulatory authority. SECTION 5. The City Council has reviewed the Spencer Station Generating Company, L.P.'s Plea In Intervention, a copy of which is attached to and made a part of this Resolution, finds that Spencer Station Generating Company, L.P. is an affected person as defined in Texas Utilities Code Section 101.003(1)(B) and Spencer's Plea In Intervention is accepted and Spencer is hereby authorized to participate as a party in this proceeding--the City's consideration of TXU Gas' Statement of Intent to Change Rates--and is added to the service list in this proceeding. SECTION 6. The City Secretary shall cause copies of this resolution to be sent to the TXU Gas representative and Spencer Station Generating Company, L.P.'s representative: Page 2 of 3 James Johnson, Town Manager Oncor Distribution Division 106 S. Bradshaw Denton, TX 76205 James A. Tramuto V.P. Extemal Relations, West Region PG&E Natural Energy Group 1100 Louisiana, Suite 1650 Houston, Texas 77002 and to: Jay B. Doegey City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steering Committee. SECTION 7. That all of the declarations and the findings contained in the preamble to this resolution are made a part hereof and shall be fully effective as a part of the resolved subject matter of this resolution. SECTION 8. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the c~/~'f-~ dayof ~VJf/~ ,2002. RONI BEASLEY~,_~A.~OI~RO TEM ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 3 of 3 STATEMENT OF INTENT TO CHANGE § RESIDENTIAL, COMMERCIAL AND § INDUSTRIAL RATES, TO CLOSE CERTAIN § INDUSTRIAL RATE SCHEDULES § (INCLUDING INDUSTRIAL RATES-N) TO § NEW CUSTOMERS, TO ELIMINATE § MILITARY RATES-N, TO ELIMINATE RATE § SCHEDULES FOR PUBLIC FREE § SCHOOLS-N AND COMMERCIAL § CONTRACT FOR PUBLIC SCHOOL GAS § SERVICE, TO ELIMINATE THE WEATHER § NORMALIZATION ADJUSTMENT CLAUSE § TO ELIMINATE THE COST OF SERVICE § ADJUSTMENT CLAUSE, TO ELIMINATE § THE PLANT INVESTMENT COST § ADJUSTMENT CLAUSE, TO PROVIDE § FOR A SURCHARGE FOR § UNCOLLECTIBLE EXPENSES; AND TO § PROVIDE FOR A MISCELLANEOUS § SERVICE CHARGE FOR THE TEMPORARY § DISCONTINUANCE OF SERVICE § [uiTY MANAGER'S OFFICE BEFORE THE CITY OF DENTON, TEXAS SPENCER STATION GENERATING COMPANY, LP.'S PLEA IN INTERVENTION Spencer Station Generating Company, L.P. Spencer) files this Plea in Intervention in the above~captioned proceeding, and ~n support thereof respectfully shows the City of Denton (City) the following: 1. Spencer owns and operates the Spencer Generating Station (Spencer Station), a gas-fired electric generation facility Iocated within the City; 2. TXU Gas Distribution (TXU GD) has flied a Statement of Intent which, among other things, requests the City to approve new transportation rates for gas distribution service to contract industrial customers, including electric generation customers, in the City; 044143.0038 AUSTIN 268744 v2 1 3. The transportation rates that TXU GD proposes to charge for gas distribution service to contract industrial customers in the City are subject to the City's jurisdiction pursuant to Texas Utilities Code (TUC) Section 103.001; 4. In other proceedings before the City, the Railroad Commission of Texas (Commission), and the Denton County District Court (Court), TXU GD has asserted that TXU GD currently provides gas distribution service to the Spencer Station, an assertion that Spencer disputes; 5. The City's consideration of TXU GD's Statement of Intent in this proceeding affects Spencer's gas utitity service and rates; 6. Spencer is an affected person, as defined in Texas Utilities Code Section 101.003(1)(B); 7. Spencer has a justiciable interest in the matters raised by TXU GD's Statement of Intent; and 8. No other party can adequately represent Spencer's interest in this proceeding. For the foregoing reasons, Spencer respectfully requests the City to permit Spencer to participate as a party in this proceeding, to add Spencer to the service list in this proceeding, and to grant Spencer such other and further relief to which it may show itself to be entitled. 044143.0036 AUSTIN 268744 v2 2 Respectfully submitted, AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. G. Gail Watkins State Bar No. 20923400 Robert F. Biard State Bar No. 02287500 AKIN, GUMP, STRAUSS HAUER & FELD, L.L.P. 1900 Frost Bank Plaza 816 Congress Avenue Austin, Texas 78701 (512) 499-6212 (512)703-1111 Fax ATTORNEYS FOR SPENCER GENERATING COMPANY, L.P. STATION 044143.0038 AUSTIN 268744 v2 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing docu_m~)qt has been served by first class U.S. Mail to the parties listed below on this ~_~of March, 2002. Robert F. Biard Mr. Autry Warren TXU Business Services 1601 Bryan Street Dalfas, Texas 75201-3411 Mr. Stephen Houle TXU Gas Distribution 1601 Bryan Street Ste. 32-002 Dallas, Texas 75201-3411 Mr. Herb Prouty Legal Department City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 Mr. Michael A. Conduff City Manager City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 0441430038 AUSTIN 268744 v2 RESOLUTION WHEREAS, Section 4.1 of the City Council Rules of Procedure specifies a 6:30 p.m. starting fane for regular meetings on the fucst and third Tuesday and for executive sessions at 5:30 p.m., and Section 4.3 of the Rules of Procedure provides that workshop meetings or work sessions may be held fi:om 4:30 until 6:30 on the second Tuesday of each month to discuss mid to long-range issues; and WHEREAS, the Rules provide that the City Council may set its meetings at any other time and the City Council desires to change the times for the April 2 and April 9, 2002 meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That there will be a special called meeting on April 2, 2002, beginning at 3:00 p.m. to be followed by a work session to be followed by an executive session, if necessmy, with the regular meefmg beginning at 5:00 p.m. During the meeting of April 2, citizens' reports will be moved to the end of the meeting to accommodate citizens arriving late. SECTION 2. That there will be a special called meeting on April 9, 2002 at 3:00 p.m. to be followed by an executive session, if necessary, with a long range planning work session meeting commencing at 4:00 p.m. SECTION 3. The special called meeting on of April 2, 2002, as well as the special called and long range planning meeting of April 9, 2002, will be held in the work session room in City Hall at 215 E. McKinney, Denton, Texas, while the regular meeting to commence at 5:00 p.m. on April 2, 2002, will be held in the City Council Chambers in City Hall at 215 E. McKinney, Denton, Texas. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~'~A ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION S:\Our Documents~q. esolutions\02\Unicom Lake Resolution.doc RESOLUTION NO. 4~- ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS ESTABLISHING LOCAL GOVERNMENT SPONSOR SUPPORT FOR THE "LAND USE / TRANSPORTATION JOINT VENTURE" TRANSPORTATION GRANT FUNDING AWARDED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CNCTCOG) REGIONAL TRANSPORTATION COUNCIL (RTC); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 25, 2000, February 8, 2000, April 11, 2000, and May 23, 2000, the Denton City Council conducted a series of work session devoted to resolving traffic capacity and congestion problems encountered on Farm-To-Market Road 2181 in south Denton by commissioning the "Teasley Lane Corridor Study", and WHEREAS, the Teasley Lane Corridor Study concluded that a Mobility Plan amendment was needed to add a new east-west collector road, named the "State School Road Connector", to maintain acceptable levels of service within the Teasley Lane Corridor; and WHEREAS, on September 27, 2000, the Denton Planning & Zoning Commission held a public hearing and recommended approval of amending the Denton Mobility Plan by adding the State School Road Connector, and WHEREAS, the Denton City Council conducted a public hearing regarding amending the Denton Mobility Plan by adding the State School Road Connector on November 28, 2000, and conducted related work sessions on December 12, 2000 and April 10, 2001, and WHEREAS, the State School Road Connector is intended to connect Wind River Drive to State School Road, across privately owned land known as Unicom Lake, zoned as Planned Development 20 (PD-20) as per City of Denton Ordinance 98-366, a 136.4-acre tract that included conditioned light industrial, multi~family, single family, general retail, commercial, office, parkland, and a dedicated public street; and WHEREAS, in May 2001, the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) announced an opportunity to submit "Land Use / Transportation Joint Venture" applications to compete for transportation funding with projects that promote economic development, mixed use, public/private partnerships, use existing transportation systems efficiently, and alternative pedestrian / bicycle / transit transportation systems; WHEREAS, on July 9, 2001, the City of Denton Mobility Committee approved the submittal of a Land Use / Transportation Joint Venture funding application to the NCTCOG RTC, with Bob Shelton Enterprises as the private partner co-applicant, requesting $1.5 million for the State School Road Connector, $500,000 for public pedestrian, bicycle, and transit improvements to be located in the Unicom Lake project, and for $1.5 to make Interstate 35-E ramp improvements intended to improve access to the Unicom Lake site and reduce congestion at the IH-35E interchanges located at Loop 288 and State School Road; and S:\Our DocumentsXResolutions\02\Unieorn Lake Resolution.doc WHEREAS, in a letter dated November 5, 2001, the NCTCOG RTC informed the City of Denton and Bob Shelton Enterprises that funding had been awarded for the Unicom Lake Land Use / Transportation Joint Venture application, in an amount of $294,364 ($205,636 local match) for IH-35E ramp improvements and $588,728 ($411,272 local match) for the State School Road Connector, comprising a total grant award of $883,092 ($616,908 local match), with the following conditions: (1) that the City Council approves a zoning change from "Light Industrial" to allow for mixed use and higher density residential, and (2) that block structure and pedestrian rights-of-way be donated, and WHEREAS, in a letter dated March 8, 2002, the NCTCOG RTC notified the City of Denton that a resolution is needed from the Denton City Council stating that the private sector developer has met land use commitments for the Unicom Lake project site, and that the resolution should be submitted to the NCTCOG RTC prior to April 10, 2002 to be added to the NCTCOG Transportation Improvements Program (TIP) before federal air quality conformity requirements prevent further TIP modifications; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Section 1. The Unicom Lake private sector developer has met land use commitments through adoption of the Denton Development Code, Ordinance No. 2002-040, effective February 20, 2002, which changed the zoning classifications for the Unicom Lake site from "Light Industrial" and other uses to a combination of single-family (NR-2 and NR-3), neighborhood residential / mixed use (NRMU), and regional center commercial (RCC-D), and allows for mixed use and higher density residential uses. Section 2. The Denton City Council affn-ms that Bob Shelton Enterprises is proceeding with the development satisfactorily and according to the City of Denton's application for Land Use / Transportation Joint Venture funding and has prepared a preliminary site design indicating that block structure and pedestrian rights-of-way will be donated. Section 3. The Denton City Council is committed to local matching fund requirement associated with the NCTCOG RTC Unicom Lake project grant, through private sector and/or local government funds, and authorizes the execution of a contract with the Texas Department of Transportation in order to receive the NCTCOG RTC fimds. Section 4. This resolution will take effect immediately upon adoption. PASSED AND APPROVED this the ~ ,2002. EULINE BROCK, MAYOR 2 S:\Our DocumentshR.esolutions\02\Unicom Lake Resolution.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ACCESS LINE RATE AT THE NEW CPI- ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE, (" HB 1777"), AND DECLARING AN EFFECTIVE DATE. WHEREAS, HB 1777 established a uniform method for calculating telecommunications franchise compensation paid to municipalities by using access lines and allocating a rate per category of access line; and WHEREAS, the Public Utility Commission of Texas (PUC) has requested the City of Denton to elect if it desires to set the access line rate at the current allocation formula or to set the access line rate at the new CPI-adjusted Maximum Rate; and WHEREAS, the City Council finds that the access line rate should be set at the new CPI- adjusted Maximum Rate in order for The City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Manager or his designee is authorized to inform the Public Utility Commission by signing the PUC Authorization, attached as Exhibit "A" that the access line rate should be set at the new CPI-adjusted Maximum Rate in order for The City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers o SECTION 2. That this resolution shall become effective immediately upon its passage and approval by the City Council. PASSED AND APPROVED this the wi ~ day of April 2002. EULINE BROCK, MAYOR ATTEST~ , ) ~ALTEI~-S, ~Ig~ gE~RETARY APPROVED AS TO LEGAL FORM: HERBERT ]~. PROUTY, CITY EXHIBIT "A" btic Utility Commission, exas 1701 N. Congress Ave., PO Bo{c 13326, Austin, TX 78711-3326 Page 1/2 CONSUMER PRICE INDEX ADJUSTMENT TO MUNICIPAL TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES PURPOSE This letter is to notify you that your city's maximum access'~ine rotes have changed~ As a result, you are requested to notify the Public Utility Commission (PUC) of your desired access line rates. BACKGROUND In Texas, most cities are compensated for the use of the public right of way by Cerfifidated Telecommunications Carders (CTPs) using access line rates. These rates are monthly fees paid by residential, business and point-to-point customers to CTPs, who in turn, compensate your city. Pursuant to Chapter 283 of the Local Government Code (or House Bill 1777), the PUC is required to adjust the maximum access line rates for your city by an amount equal to one half the annual change in the Consumer Price Index (CPI) for the year 2001. Based on information obtained from the Federal Bureau of Labor Statistics, the PUC has determined that one half the annual change in CPI for 2001 is 1.15%. Therefore, the maximum access line rates for all Texas cities have been increased by 1.15%. The maximum rates will increase even if you have elected to receive lower-than-maximum rates. ACTION BY CITY 1.Using the form on the hack of this page, please indicate your desired rates no later than April 15th. (Cities have the option to stay at the current rates, or increase the rates up to their NEW maximum rates, or decrease the rates from their current levels). 3.If you require City council authorization to change access linc rates, please do so now. 4.Verify your contact information and highlight any changes. 5. Make a copy of this document. 6. Respond (Fax/Mail) to the PUC NO LATER THAN APRIL 15th. WHAT HAPPENS NEXT? The PUC will notify CTPs of your desired rates. CTPs will start implementing these rates no later than July 1, 2002. Your city will be compensated at your desired rates starting with the third calender quarter of year 2002. WHAT HAPPENS IF A CITY DOES NOT RESPOND BY APRIL 15th? · ~h ' ~'~ ... .....· . If'a city ~oes not respond by April 15.., the rates, and consequently the compensation for that city, will remain at current levels. FUTURE REVISIONS TO CPI The access line rates will bl~ revised every March depending, on wllclh~r the CPI has challged for the previous year. If the CPI changes for the year 2002, you will receive a similar letter next March. HOW TO RESPOND? Mail: Garnet Elkins Public Utility Commission of Texas 1701 North Congress Avenue P.O. Box 13326, Austin, Texas 78711 FAX: (512) 936 7328 INQUIRIES ONLY Email:HB 1777~puc.state.tx.us Phone No: 512- 936-7322 Contact Per~on: Garnet Elkins Record No: 475 of 2232 City of Denton Section 1: Your present Maximum Access Line Rates are as follows: Residential $1.a$ Non Residential $a.10 Point-to-Point $4.72 Page 2/2 Section 2: Your chosen rates, which are at or below the above maximum rates are as follows: Residential $1.35 Non Residential $3.1o Point-to~point Section 3: Your New CPI-adjusted. Maximum Rates are as follows: Residential $t.37 Non ResMential ~3.14 Point-to-Point $4.78 SELECT ONE OF TIlE FOLLOVgING THREE OPTIONS OPTION 1 - Keep your rates at the current levels as indicated in Section 2 above. OPTION 2 - Increase your rates from the current level. List your desired rates below. Note: If you are increasing your rates, the new rates should be LESS than or EQUAL to the NEW CPI-adjusted maximum rates indicated in Section 3 above. Residential /~. '~. 7 Non Residential '~ , / ~/ Point to Point OPTION 3 - Decrease your rates from the current level. List your desired rates below. Residential Non Residential Point to Point CONTACT INFORMATION ON FILE We have the following contact information on file for your ci~. Please update it. Antonio Puente, Jr. Revenue Analyst City of Denton 215 E. McKinne¥ Denton TX 76201 Phone No. 1 9403497283 Phone No. 2 9403498320 Fax No: 9403497206 Email: Antonio. Puente@cityo CHECK LIST and AUTHORIZATION [ j Make copy and Save; [ ] Chose ONE Option; [ ] Check Contact Info; [ ] Mail/Fax before April 15th. AUTHORIZATION /~ ~,/~/L~'~ ] ~_./.x.~ c~,~ , Titleb~e~0~/~ ~ ~ff ,~odze the PUC to implement ~ l~e rates f~e Ci~/Tow~illage of ~~, T~ , ~s indicated above. [~mre ' ~ Date _ Record No: 476 of 2232 RESOLUTION S:\Our DocumentsXResolutions\02\Cinco De Mayo alcohol sell.doc RESOLUTION NO. 4~90~9o~''0f¢ A RESOLUTION ALLOWING METZLER'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 4, 2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Roy Metzler doing business as Metzler's (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 4, 2002; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 4, 2002 at the Civic Center Park upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the //~ ~-~--~ day of _/~f2~[' ~/ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERB~ITY ATTORNEY BY. CMC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § COUNTY OF DENTON § This A~eement,,,_ made this __/3ff~ day of e~f/ol , 2~02, b,,y and between the City of Denton, a municipal corporation, hereinafter r ed to as the' CITY and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE (called "METZLER'S"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to METZLER'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Chaco De Mayo celebration on May 4, 2002 to be held at the Civic Center Park. Attached hereto and made a part hera)f by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the Cinco De Mayo celebration set for the year 2002. ARTICLE 2 SCOPE OF SERVICES METZLER'S in order to exercise the privilege to sell alcoholic beverages must perform the following: METZLER'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Cinco De Mayo Celebration. Bo METZLER'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration. METZLER'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Cinco De Mayo Celebration. METZLER'S's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S agrees to abide by ail municipai, county, state and federal laws, ordinances, roles and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. METZLER'S shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of aicoholic beverages. METZLER'S will exercise reasonable care and due diligence in their sale of aicoholic beverages at the Cinco De Mayo Celebration. ARTICLE 4 INDEMNITY AGREEMENT METZLER'S shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claim~ demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of METZLER'S or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, METZLER'S shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. Bo METZLER'S shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shail name the CITY as an additional insured on ail such policies, and shall contain a provision that such insurance Chaco De Mayo Celebration Agreement- Page 2 shall not be canceled or modified without written notice itu the CITY and METZLER'S. In such event, METZLER'S shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed itu the respective parties by depositing same in the United States mall to the address shown below, certified mail, return receipt requested, unless oherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To METZLER'S: METZLER'S FOOD AND BEVERAGE: Roy Metzler 628 Londonderry Lane Denton, Texas 76205 (940) 591-1652 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and [ exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable, in such event, the parties shall reform this Agreement to replace such stricken provisim with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Chaco De Mayo Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIRITED In performing the services required hereunder, METZLER'S shall not discriminate against uny person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical hundicap. ARTICLE 10 PERSONNEL METZLER'S represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have uny contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY METZLER'S shall not assign any interest in this Agreement, und shall not transfer uny interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of uny covenunt, condition, or limitation herein contained shall be valid unless in writing und duly executed by the party to be charged therewith, und no evidence of uny waiver or modification shall be offered or received in evidence in uny proceeding arising between the parties hereto out of or affecting this Ageement, or the fights or obligations of the parties hereunder, und unless such waiver or modification is in writing und duly executed; und the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and mode a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. /~ ~ ~-~7]~L Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. The captions of this Agreement are for informational purposes only, und shall not in any way affect the substantive terms or conditions of this Agreement. Cinco De Mayo Ce~ebrafion AgreemetX- Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and METZLER'S~ ,has executed this Aereement through its duly authorized undersigned officer on this the /~ day of J~f/f , 2002. ' /' CITY OF DENTON, TEXAS MI~C1TY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: METZLER'S FOOD AND BEVERAGE: BY: Chaco De Mayo Celebration Agreement - Page 5 EXHIBIT A S:\Our Documents~Resolutions\02\Cineo De M~ ........... A RESOLUTION ALLOWING METZLER'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 4, 2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City') is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Roy Metzler doing business as Metzler's (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 4, 2002; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 4, 2002 at the Civic Center Park upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ ~----~ day of ' _~g/fi/~-~ ' [ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY RESOLUTION -", ' S:\Our DocumentskResolufions\02\Comm. Dev. 2002 Action Plan Res.doc RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBM/T TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2002 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a Home participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2002-year entitlement funds and program income in the approximate amount of $1,818,097; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a 2002 Action Plan and appropriate certifications for entitlement funds under the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION 2. That the City Council of the City of Denton, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications. SECTION 3. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. 2 · S:\Our Doeuments~Resolutions\02\Comm. Dev. 2002 Action Plan Res.doe PASSED AND APPROVED this the /~dayof /~ff_,~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURES LOCATED AT 535-A AND 535-B S. LOCUST, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has a policy to grant a partial tax exemption for historically significant sites as established by Chapter 10 "Finance and Taxation", Article VII of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the property located at 535-A and 535-B S. Locust, Denton, Texas meets the requirements of a historically significant site since it is a commercial or residential structure, 50 years old or older, and is within the boundaries of the Downtown Commercial District as defined in Sec. 10-131 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the owner has met all requirements for eligibility for the tax exemption; and WHEREAS, the Historical Landmark Commission has unanimously recommended the approval of the exemption at its meeting of February 18, 2002; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the structures located at 535-A and 535-B S. Locust, Denton, Texas has met all the requirements of Chapter 10, Article VII of the Code of Ordinances of the City of Denton, Texas as amended by Ordinance 984 16 and is eligible for the tax exemption for historically significant sites. SECTION 2: That the City Manager is hereby authorized to execute a tax exemption certificate upon verification of completion of repairs and renovation for the property located at 535-A and 535-B S. Locust, Denton, Texas. SECTION 3: The exemption shall only apply to the historic structure and the land reasonably necessary for access to, and use thereof, by abating any increase in the assessed value for ad valorem tax purposes in excess of the assessed value of the property for the tax year immediately prior to the renovation, for a period of ten years following the completion of the renovation. SECTION 4: That this resolution shall become effective immediately upon its passage and approval. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, C~ITY SECRETARY L. PROUTY, CITY ATTORNEY F:\shared~dept'~LGL\Our Documents\02~.esolutionsXhistoric structure tax exemption 535 S. Locust.doc RESOLUTION S:\Our Documents~Resolutions\02\NCTCOG Executive Board.doc RESOLUTION NO. 4~q~9~)~- 0/7 A RESOLUTION NOMINATING A MEMBER TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S 2002-2003 EXECUTIVE BOARD; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is a voluntary association of local governments established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development; and WHEREAS, the North Central Texas Council of Governments Executive Board is the policy approval body for all North Central Texas Council of Government activities and is supported by technical, study, and policy development committees; WHEREAS, the City of Denton, Texas wishes to nominate its Mayor as a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby nominates Mayor Euline Brock as a member to the North Central Texas Council of Government's 2002-2003 Executive Board. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /¢~---~dayof ("//fft~.~-~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, C/!TY/SECRETARY HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO. 4~7- ~/¢ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING INTERVENTION IN GAS UTILITIES DOCKET 9292 AT THE RAILROAD COMMISSION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF THE CITIES' REASONABLE RATE CASE EXPENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Lone Star Pipeline (LSP) filed a Statement of Intent with the Railroad Commission (designated as GUD 9292) on April 5, 2002, to surcharge residential and commercial gas customers who are residents of the City of Denton, Texas, to cover costs associated with a new pipeline to serve the Metroplex; and WHEREAS, the requested surcharges of 37¢ per month and $2.10 per month on residential and commercial customers, respectively, will adversely impact the City of Denton, Texas, and its residents; and WHEREAS, Cities served by TXU have a history of cooperation in gas rate matters and such cooperation in GUD 9292 will be efficient and cost effective in evaluating whether the proposed pipeline is reasonable and necessary and whether associated costs should be recovered in piecemeal ratemaking through a surcharge; and WHEREAS, the Cities of Gatesville, Greenville, and Longview, Texas, (the Association of TXU Municipalities (ATM) have already filed Motions to Intervene and Motions to Dismiss proceeding GUD 9292 and the City of Denton, Texas, wishes to join this coalition of Cities in intervening in this proceeding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Attorney to represent the City on the Steering Committee of ATM (hereinafter called "Steering Committee") and authorizes the Steering Committee of which the City is a participating member, to retain legal counsel and engage consultants, and to intervene on behalf of the City in GUD 9292 and in related dockets and appeals. The City Manager is hereby authorized to execute a Professional Services Agreement with the Law Offices of Jim Boyle and any other consultants engaged by the Steering Committee and to make any expenditures necessary under such agreemmats. SECTION 2. That the Steering Committee formed to oversee this effort on behalf of ATM is authorized to take all reasonable steps before the Raikoad Commission and before the Courts as may be necessary in an appeal of a Commission Order. SECTION 3. That LSP is hereby directed to promptly pay Cities' rate case expenses as they are incurred. SECTION 4. The City Secretary shall cause copies of this resolution to be sent to the TXU representative: Autry L. Warren, CPA Rates Manager TXU Business Services 1601 Bryan Street, Suite 32-052 Dallas, TX 75201-3411 and to: Jim Boyle, Attorney at Law Law Offices of Jim Boyle, PLLC 1005 Congress, Suite 550 Austin, TX 78701 for forwarding to the Steering Committee. SECTION 5. and approval. PASSED AND APPROVED this the~ That this resolution shall become effective immediately upon its passage ¢ day of ~/~ff/' ,2002. MA] ~ TEM ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 RESOLUTION S:\Our Documents\Resolutions\02\Denton Couniy Housing Finance Resolution.doc R~$OLUTION NO. ~7~-- A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2002 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Texas Housing Finance Corporations Act, Chapter 394, Local Government Code, V.T.C.A. (the "Act"), the creation of the Denton County Housing Finance Corporation (the "Corporation"), was approved by the governing body of Denton County, Texas (the "County"), to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the County at prices they can afford; and WHEREAS, in accordance with the Act the Corporation is not permitted to provide financing of home mortgages for homes which are located within a municipality with more than 20,000 in_habitants as determined by the Corporation's roles, resolutions relating to the issuance of bonds, or financing documents relating to such issuance, unless the governing body of the municipality approves the application of the Act to the property located within the municipality; and WHEREAS, the Board of Directors of the Corporation has requested the approval of the governing body of the City of Denton, Texas (the "City") to provide financing for home mortgages for homes within the City with the proceeds of the issuance of the Corporation's proposed Series 2002 Single Family Mortgage Revenue Bonds (the "Bonds"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1: That the preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2: The governing body of the City hereby approves the application of the Act to the property within the City and grants its approval to the Corporation for the use of proceeds of the Bonds to finance home mortgages for single family homes located within the City. SECTION 3: This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVEDthisthecm0/~Sayof ~/~ ,2002. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBE~~ATTORNEY BY " ~ RESOLUTION A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT CHARTER COMMLrlqlCATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER, CHANGING TIERS, AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the Grantor of a cable television franchise by a franchise ordinance, Ordinance No. 88-189 passed and executed on or about November 15, 1988, by and between the City and Sammons Communications, Inc. ("Sammons"), and the City, by Ordinance No. 95-191, passed by the City Council on September 19, 1995, approved the transfer of the Franchise Ordinance along with attached amendments to Marcus Cable Associates, L.L.C. ("Marcus"); and WHEREAS, on March 23, 1999, the City Council adopted Ordinance No. 99-094 (Ordinance Nos. 88-189, 95-191, and 99-094, and the Acceptance Agreements of September 12, 1995 and March 23, 1999, are hereinafter referred to as the "Franchise"), transferring the Franchise from Marcus to Paul G. Allen dba Vulcan Cable, Inc., Vulcan Cable II, Inc., Charter Communications, Inc., and Charter Communications Holdings, Inc. ("Charter"); 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 for any cable television system operating within the City in accordance with.the applicable Federal Communications Commission ("FCC") regulations; and WHEREAS, on May 15, 2001, the City Council passed Resolution No. R2001-025 authorizing changes in the rates that Charter may charge its Denton cable television subscribers for the basic service tier, associated equipment, and installation charges; and WHEREAS, the City, pursuant to the Cable Consumer Protection and Competition Act of 1992 ("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 and in accordance with Section XXI "Rates" of the Franchise, Charter filed a petition with the City on or about March 1, 2002, along with FCC Forms 1205 and 1240, in conformance with this section and all applicable laws, requesting a change in its basic cable service, changing tiers, equipment, and installation rates as above described, which the City is certified to regulate; 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 April 16, 2002, after all interested citizens had been properly notified in accordance with the law, and all interested members of the public had an opportunity to be heard; and WHEREAS, to assure the rates requested by Charter are fair and reasonable, the City employed C2 Consult'mg Services, Inc.. to review the rates, and C2 Consulting has filed its recommendations and report; and WHEREAS, as the local regulator of rates for the basic service tier, the City desires to make a rate ruling on the proposed rates submitted by Charter to be charged to subscribers of the basic service tier; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Findings: (A) The City is the Grantor of a Franchise executed on or about November 15, 1988, by and between the City and Sammons. (B) The Franchise, as amended, was transferred to Marcus, in accordance with the terms and conditions of that ordinance on or about September 19, 1995. (C) 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 City of Denton, Resolution No. R94-019, and other applicable laws, the City has undertaken all appropriate procedural steps to regulate the basic cable service tier, changing tiers, related equipment, and installation charges. (D) 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. (E) 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 City for the basic service tier and related equipment and installation charges. (F) On or about March 23, 1999, the City Council transferred the Franchise from Marcus to Charter. (G) On or about March 1, 2002, Charter submitted FCC Form 1205 and Form 1240 to the City. (H) Pursuant to FCC regulations and applicable law, on or about April 16, 2002, the City held a public hearing and gave the public adequate opportunity to comment on the proposed rate request. The City regularly conducted a meeting which was open to the public, in accordance with the Texas Open Meetings Act, Tex. Gov't Code ch. 551, and provided an opportunity for interested parties to present information to the City during the meeting of April 16, 2002. Page 2 (I) The City must act upon the pending rate request consistent with current FCC roles and regulations and other applicable laws. SECTION 2. Conclusions: (A) That for the period beginning June 1, 2002, until May 31, 2003, the maximum permitted rate for basic cable service (these numbers do not include the 5% franchise fee) of $9.80 per month, is approved. But as noted in C2 Consulting Services, Inc.'s (C2) May 9, 2002 reports, Charter used projected subscriber counts that were not supported by actual subscriber counts, and included programming costs for channels that are to be removed from the basic channel tier. C2 reports that this is clearly inappropriate since FCC regulations request that all true-up computations be based on actual data. Accordingly, this resolution and the rates approved hereby are conditioned on Charter using projected subscriber counts that reflect actual experience and exclude removed programming costs in future filings. (B) That for the period beginning June 1, 2002, until May 31, 2003, the maximum permitted charge for installation and hourly service (these numbers do not include the 5% franchise fee) of $26.79 per hour, is approved. (C) For the period beginning June 1, 2002, until May 31, 2003, the maximum fee (these numbers do not include the 5% franchise fee) for leased customer equipment off remote control - $0.20, basic only converter - $.77, non-basic only converter - $6.60 per month and changing tiers - $1.99 is approved. (D) In accordance with C2 Consulting Services, Inc.'s report, the City finds that digital converters are used to receive the basic service tier in accordance with FCC regulations, §76.923, that the City has a right to regulate rates charged for the use of this piece of equipment as a part of the basic cable service tier. SECTION 3. Incorporation of Findings and Conclusions. That the Findings and Conclusions set forth in Sections I and II of this resolution are found to be true and correct and are made a part of this resolution for all purposes. SECTION 4. Orders for Action. Based on the foregoing Findings and Conclusions, the City Council hereby enters the following orders adopting the rates and requ'n'ing the following actions: (A) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 2002, until May 31, 2003, or until further order of the City, Charter will be permitted to charge a maximum rate for the basic cable service of $9.80 per month (these numbers do not include the 5% t~anchise fee). (B) Pursuant to current FCC regulations and applicable law, for the period commencing June 1, 2002, until May 31, 2003, or until further order of the City, Charter will be permitted to Page 3 charge the following maximum equipment and installation rates (these numbers do not include the 5% franchise fee): Equipment & Installation Maximum Permitted Rate Hourly Service Charge Average Charge for Unwired Installation-Aerial Average Charge for Unwired Installation-Underground Average Charge for Install-Prewired/Reconnect Average Charge for AdO at a time of Installation Average Charge for AdO Return Trip Analog Prewired AdO Analog Relocate AdO Average Charge for Service Requiring A Track Roll Average Charge for Digital Installation- Aerial Average Charge for Digital Installation- Underground Average Charge for Digital Upgrade Average Charge for Digital AdO at time of Installation Average Charge for Digital AdO Return Trip Digital Prewired AdO Digital Relocate AdO Digital Truck Roll Changing of Service Tiers $26.79 $46.09 $50.11 $29.47 $14.20 $29.47 $25.46 $29.47 $24.12 $55.47 $59.48 $38.85 $17.42 $34.30 $29.47 $32.96 $27.60 $ 1.99 Equipment Charges Remote Control Basic-Only Converters Non-Basic Only Converters $ 0.20 $ 0.77 $ 6.60 (C) 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 City order such an upward adjustment. (D) 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 Page 4 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. (E) That Charter shall fully comply with the Franchise and the recent case of City of Dallas v. FCC, 118 F.3d 393 (5th Cir. 1997), which requires cable television fi:anchise holder to make its franchise payments on all gross receipts, including money collected from and charged to customers that is ultimately allocated to pay the franchise fees. (F) That the City Secretary is hereby directed to send a certified copy of this resolution to Charter. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase or word in this resolution, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION 6. 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, Tex. Gov't Code ch. 551, as amended. SECTION 7. and approval. PASSED AND APPROVED this the c~//,9L~ dayof ~ EULINE BROCK, MAYOR That this resolution shall become effective immediately upon its passage ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 5 RESOLUTION RESOLUTION NO./~t~Tt~ - ~-~ / ! A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN A 1184A H. CISCO SURVEY, TRACT 104-25, 2.611 ACRES, BY THE CITY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Cause No. 88-705~C, City Denton vs. Albert Fox et al, was filed in the District Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit: Al184A H. CISCO SURVEY, TRACT 104-25, ACRES 2.611, further described at Volume 335, Page 103 of the Deed Records of Denton County, Texas. WHEREAS, the District Court of Denton County, Texas granted Judgment on August 17, 1988, in favor of the taxing jurisdiction of Denton County as follows: County of Denton City of Denton Denton Independent School District Title Research Fees City of Denton Mowing Liens $ 1,586.55 $ 4,745.06 $ 6,337.97 $ 100.00 $ 1,141.37 Total Due Market Value (According to Denton Central Appraisal District) $12,669.58 $48,078.00 WHEREAS, the said parcel of land was offered for sale on February 5, 1991 by the Sheriff of Denton County at public auction pursuant to judgment of the District Court of Denton County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest; and WHEREAS, said parcel of land did not receive sufficient bid as set by law and was struck off to the City of Denton, Trustee, in trust for itself, the County and Denton Independent School District pursuant to Section 34.01 (c) Property Tax Code; and WHEREAS, the deed to Albert Fox, referenced above, contains a defect in the property description which makes resale of this property by the taxing jurisdictions unlikely, to wit: The property subject to the tax suit was originally conveyed to Defendants by a deed recorded at Volume 335, Page 103 of the Deed Records of Denton County, Texas, from M. C. Sheppard and wife to Albert Fox and Albert Champion, purportedly S:/ourdocuments/resolution/02/taxsaleauthorization foxparcel.doc describing the 2.611 acre tract which was foreclosed by the above described delinquent tax proceed'rags. The date of the original conveyance was April 16, 2947. On August 10, 1949, Albert Fox and wife conveyed a tract of land approximately 0.172 acres out of the original 2.611 acre tract to Albert Champion and wife. This conveyance is of record in Vol. 353, Page 487 of the Deed Records of Denton County, Texas. This deed was filed for record on August 16, 1949 but was not recorded until September 7, 1949. This tract was never improved and has no street address, however it is currently listed by the Denton Appraisal District as in the ownership of Albert Fox. On August 13, 1949, Albert Champion and wife conveyed a tract of land approximately 0.172 acres out of the original tract to Albert Fox and wife. This tract was identical in size and adjacent to the Champion tract. This conveyance is of record in Vol. 351, Page 581 of the Deed Records of Denton County, Texas. This deed was filed for record on August 16, 1949 and recorded on August 24, 1949. This tract was the homestead of Albert Fox at the time of foreclosure and the street address was 112 S. Crawford. Accordingly, the legal description contained in the judgment failed to adequately describe the property in question, in that there was contained within the legal description of the larger tract sold by the Sheriff, the two smaller tracts of land, described above, which had been conveyed out of the original tract to bona fide purchasers for value prior to the date of suite. WHEREAS, Albert Fox is now deceased and the taxing jurisdictions have been approached by the Estate of Albert Fox, Deceased, which desires to liquidate certain property of the Estate that is encumbered by the Sheriff's deed. WHEREAS, the taxing units involved desire to resell said parcel of land in an expeditious manner pursuant to Section 34.05 Property Tax Code. WHEREAS, the Estate of Albert Fox, Deceased, has tendered an offer of $6,000.00 to purchase said property. This offer is based on a fee appraisal showing the value of the property to be $6,000.00. WHEREAS, the City Council finds that it is the public interest to authorize the sale of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, does hereby authorize the Mayor to execute a Deed Without Warranty to the Estate of Albert Fox, Deceased, for the purchase price of $6,000.00. SECTION 2. This resolution shall become effective immediately upon its passage and approval. S:/ourdocuments/resolution/02/taxsaleauthorizationfoxparcel.doe ~-ULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~VE; AS/TO LEGAL FORM: BY. ~ S:/ourdocuments/resolution/02/taxsaleauthorization foxparcel.doc RESOLUTION A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN ABSTRACT 616 OF THE S.C. HIRAM, TRACT 66, ACRES 0.150, OLD DCAD TR 29D BY THE CITY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Denton has acquired, as Trustee, certain real property through the delinquent tax foreclosure process which, to wit: Abstract 616 of the S.C. Hiram, Tract 66, Acres 0.150, (old DCAD Tract 29D) more commonly know as 318 Bailey St. WHEREAS, the City of Denton holds the real estate in trust for itself and the other taxing entities; WHEREAS, the City of Denton has received a bona fide bid upon the real estate Property which is less than the market value or the total amount of judgment against the property; WHEREAS, the City of Denton has no desire to retain the property since it would better serve the city to get the property returned to the tax rolls and save any additional expenses required to sale the property; and WHEREAS, all taxing entities must consent before the sale of the property can be executed for the amount bid; and WHEREAS, the City Council finds that it is in the public interest to authorize the sale of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, does hereby authorized the Trustee to accept the bid received from Evis Ray Parks and Wanda Parks, in the amount of two thousand dollars and NO/100 cents, for DCAC Parcel #R32877, described as A0616A S.C. Hiram, Tract 66, Acres 0.150, (old DCAD Tract 29D) - Location 318 Bailey St., and we do hereby consent to the sale of said parcel of land for less than the market value of the land specified in judgment of foreclosure or the total amount of the judgment against the property, pursuant to Texas Property Code § 34.05. The Mayor is hereby authorized to execute all necessary documents in connection with the sale. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. s:/ourdocuments/resolufions/02/taxsaleauthorizationparks.doc EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY s:/ourdoeuments/resolutions/O2/taxsaleauthorizationparks.doc RESOLUTION RESOLUTION NO. ~AO0~- ~,--~ A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco %1-1 District, will expire on September 30, 2002; and WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby nominates Harlan Jefferson as a member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton County for a two year term to commence October 1, 2002. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the //~2~ dayof ~f~/~ ,2002. V EUL1NEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPK~ED AS TO HERBERT L. PROUTY, CITY ATTORNEY BY: ~.~ , RESOLUTION RESOLUTION DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM AS RECOMMENDED BY THE COALITION OF CITIES' CONSULTANTS AND COUNSEL; REQUIRING PROMPT REIMBURSEMENT OF THE CITIES' RATE CASE EXPENSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company filed with the City of Denton a Statement of Intent to change gas rates in all municipalities within the North Texas Metroplex Distribution System effective April 5, 2002; and WHEREAS, by passage of the Resolution No. 2002-010 on March 26, 2002, the City of ' Denton suspended the effective date of the proposed new rates for 90 days to evaluate the reasonableness of existing rates and the merits of TXU's proposed changes; and WHEREAS, the City of Denton participated with other municipalities in a comprehensive review of TXU Gas Distribution's application; and WHEREAS, on June 18, 2002, the City Council held a public hearing to receive public comment and to take evidence on TXU Gas Distribution's application to change gas rates; and WHEREAS, consultants and counsel retained by the coalition of cities have recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates; and WHEREAS, that recommendation has been endorsed by the Steering Committee of city representatives who have coordinated the review of TXU Gas Distribution's rate application; and WHEREAS, after receiving evidence and public comment at the public heating, the City Council deems it in the public interest to deny TXU Gas Distribution's Statement of Intent to change gas rates; and WHEREAS, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That TXU Gas Distribution's Statement of Intent to change gas rates within the North Texas Metroplex Distribution System, including the City of Denton, be in all respects denied. SECTION 2. That the costs incurred by the Cities in reviewing TXU's application be promptly reimbursed by the Company. SECTION 3. That the City Secretary is hereby directed to send copies of this resolution, constituting final action on TXU's application to Autry Warren, Rates Manager, TXU Gas Distribution, 1601 Bryan Street, Dallas, TX 75201-3402 and G. Gail Watkins of Akin, Gump, Strauss, Hauer & Field, 818 Congress Ave., Suite 1900, Austin, TX 78701. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ ~---.~a3z-of ~q.~_~ ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESO UTtON NO. Z4d;P A RESOLUTION APPROVING THE FISCAL YEAR 2003 FINANCIAL PLAN (BUDGET) OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY CODE §772.309 AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of thc City of Denton has been presented thc 2003 Draft Financial Plan (Budget) of the Denco Area 9-1-1 District for approval, in accordance with Tex. Health & Safety Code §772.309 (Vemun 1999) as amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton hereby approves thc 2003 fiscal year Draft Financial Plan (Budget) of thc Dcnco Area 9-I-1 District attached to this Resolution. SECTION 2. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~-Lday of ~.~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~' DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2003 FINANCIAL PLAN SECTION 1 PREFACE DENCO-AREA 9-I I DISTRICT ~1'.~ I · ' P.O. Box 29.3058, Lewi~ill~, Texas 75029-3058 ~~ PhoneFFTY: 972-22t:0911 FAX: 972-420-0709 Webpag~:- wwW.denco.org Date:.' . June 6, 2002 , · .... · ' ' ' Subject: Denc0 Area 911 District Fiscal Year 2003 Financial Plan . Enclosed is the "draft'; copy of the Denco Area 9-1-~1 District Fiscal YEar 2003 Fi'nancial Plan for your jurisdictionls'c0nsideration. Chapter 772.300, Texas Health and Safety Code'i requires emergency communication districts to send a. draff budget to,participating jurisdibtions seeking comments. Afte'r a 45-day review and comment period, the district s board of managers will consider approval of a. finalbudge~t. · ' , · ~' . ~ ,' ' ' . . · · Even tl~o~gh itis not'required for your governing body te vote on thebudget, the Denco board . requests that ydu-review the budget and provide feedback pdor,to the August 8, 2002'district board of managers"meeting. At. that time the board will approve a final budget.for tis'cai year 2003. which begins October I 2002. If them-is no change from the, draft budget the district'will notify its ' m~mbers that the budget is appr, oved. If there is a change, thedist'rict will re(~uest each jurisdiction ko ~onsider the final budget and a'copy of that budget will be Sent to members. ., ' 'A copy of the approval process and the Sta`te legislation that applies to t~e'Denco Area 9-1-1 District is included Under. Section "5" in the enclosed financial plan. . ' ' ~.~ '' You.will find'that the proposed financial plan includes additional services provided by the district, su~;h as additional training and,equipment service. Also'included is the replacement of two new · . public safety answering point (PSAP)'controller switches. These new switches will replace older' technology and are designed.to better balance the ceil'volume at the district's eleven 921-1 · .' answering pointm ' . .. , ' . ' - ' - Phase Ii Enhanced Wireless 9~1-1 Sei'vice is also included in this financial plan. Denco should be 6perational with Phase II service for I~oth VoiceStream and Sp~int PCS Wireless carriers pdor to ti~e' end 'of this current fiscal year. The distdct is in the process,of planning for the deployment o{ approximate location of 9-1-1 callers using a wii'eless telepho,,e. . " .. - The Denco Area 9~1-1 District is here 'to serve its participating jurisdictions., The district s mission is "to assist its member jurisdictions respond,to police."fl~e and medical emergen,,cy calls by providing · 'an efficient, effective enhanced 9,r1-1 emergency telecommunications system. It c0ntinues'to' ' pro~;ide more services each year atthe same service fee rate since its beginning in r1987. ' ' '" Please call On any'bOard me~nber O1: the distri''c't staff if yOu have any comments Or questiOns '. Concerning .this proposed budget. The distdct s executive director. Mike Pedigo, would welcome ~he opportunity'to make a presentation to your governing'body ~egarding this budget or any ot~er'Den(~o 'related matter. ' · . ' - , - ' Again ~hanl~s.~su.,?,,~e Denco Area 9-1-'~ District. ~adan Jeffersp.~'.;,/./' . . , ' . , '. - Chairman,:Bdar. d'(~f'Managers, . , .... 1075 Princeton Street. Lewisville, Texas 75067 · To: Date: ·, 'D.ENCO ,'AREA 9,. 1: 'I-DISTRICT - P.O. Box 293056, Lewisville, Texas 75029-3058 Phone/I-PC: 972-221-0911 .*' FAX: 972-420-0709. Webpage: www.denco.org Denbo Area 91.1 District Pa~icipating ;Jurisdictions June 6, 2002 .Su6ject: .. Denco Area 911' District Fiscal Yeai: 2003 Financial' Plan The Denco Area 9-.1-1 District's Board of Managers, atit~ June 6, 2002 regular meeting, approved the "Draft". Dence Area 9-1-1 District Fiscal Year 2003 Financial .Plan. 'The 76th Texas'Legtslature passed' House Bill 1984. which defined the budgetapprovar process for Cl'i'apter 772:300 series emergency communication districts~ The.following documents'are included, in Section V. the ..'Appendix of this financial plan, defining, the budget appro~/al process: , A copy of'the Denco Area 9-'1-1 District.Missi0n,.Values and Goals .Statement. · A copy.of the section in. House Bill 1984 ii'at per~ai~]s te budget approval. · A copy'ofa resolution approved by theDenco Area 9-1-1.District Board.of' Managers defining p'rocedures fee consideration and approval of a budget. · A'copy of Texas Health and Safety Code, Chapter772.300; the statute under which Denco operates. 'Denco's draft financial Plan provides'for the Continued provision-0f Stare-of-the- art enhanced 9-1-1 services at the same' rate that Denc0 has collected from district..residents since its inception in 1987. The emergency serv ce fee, c6ilected by the telephone service providers is $0.27' per month for.residential, $0.71 per month for business Service andS1.13 per month for PBX. trunks. This fee is equal.to three percent of the 1987 base telephone rate. Denco continues to provide excellent services .to its member jurisdictions at'one of the lowest rates in the ~tate., In additionto the. eme~gency'serviqefee collected by',local telephone service providers, the. State of Texas Collects $0.50 per.month, per wireless telephone, Those fees are remitted to the state. The'state then sends aiportion of the wireless fund to Denco based on'the district's percent of,the total population of Texas. Included in the fiscal year. 2003 budget,are the,following 'projects: . The purchase and installation of two new'ECS 1000 PSAP Controller 'Switches. These switches are the, backboneto the 9-1-1 network. They share the-load of all 9-1-1 calls routedte Denco Public Safety Answering Points (PSAP). . The transition of the 9-1;;1 databases to a new. more robust and ,redundant'database platf0rm~ The new platfbrm will house both wireless ' and wireline databases. 1075 Princeton Street. Lewisville. Texas 75067 · · · o · · · · Financial Plan Letter Page Two · The configuration and deployment of.a back-up 9-1-1 'network that is more diverse and more redundant than the current.back-up system.- , The completion of Phase II.enhanced 9-1-1 wireless services. This -enhancement will assist telecommunicators.i~ locating wireless 9-1-1 callers. The district has' set aside funds for the rlast severalr years foe Phase II services The fiscal year 2003 direct services budget includes $1,000,00Ofor non-recurring expenditures for the purchase of these enhanced wireless services. · The addition of new training programsdesigned to meet the special training needs of PSAPsacross the district. The Denco Area 9-1-1 District Board.of Managers and staff continue to work to provide its member jurisdictions.the best-enhanced .9-1-1 .services availabl~ at one of the lowest rates in Texas. The district' appreciatesthe, professionalism, cooperation and support of.the dispatchers and emergency response agencies 'that make the 9-1-1 systems successful. .If. at any time,' you have.any q aestions or would like additional information, pleasedo not hesitate.to call me at (972) 221-0911. . Thanks'for your continued support of the Denco Area 9-1-1 District. Mike Pedig0 Executive Director · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2003 FINANCIAL PLAN SECTION 2 DISTRICT OVERVIEW · · · · · DENCO AREA 0-1-1 DISTRICT DISTRICT OVERVIEW Backqround Information What is E9-1-17 Enhanced Nine-One-One (E9-1-1) is a single, easy-to-remember number used when reporting emergencies to fire, police and emergency medical service providers. The E9-1-1 system, operational in the Denco Area 9-1-1 District, is designed to automatically route any 9-1-1 call, placed from a telephone instrument (including wireless) within the district's geographical boundaries, to the proper public safety answering point (PSAP) responsible for dispatching emergency services to the caller. 9-1-1 Terminology 9-1-1. Nine-one-one. An easy-to-remember, easy-to-dial three-digit emergency telephone number developed to provide citizens a reliable, fast and convenient way to access fire, police, or medical service providers in the event of an emergency. District. Denco Area 9-1-1 District. The entity that provides enhanced 9-1-1 service in Denton County. A board of managers appointed by participating jurisdictions governs the district. The district serves Denton County and that portion of Carrollton in Dallas County. E9-1-1. Enhanced 9-1-1. The system that is operational in Denton County providing SR, ANI and ALI (defined below). GIS. Geographic Information Systems. The technology used to develop the mapped display of Denton County. PSAP. Public Safety Answering Point. The location ofthe equipment used to answer 9-1-1 emergency calls. The following are the twelve (12) PSAPs that are currently capable of answering 9-1-1 calls in the Denco Area 9-1-1 District: District Overview Page 2 of 8 June 3, 2002 City of Carrollton Police Department City of Denton Police Department Denton County Shedfrs Office Town of Flower Mound Police Depadment City of Highland Village Police Department City of Roanoke Police Department City of Lake Dallas Police Department City of Lewisville Police Department City of The Colony Police Department University of North Texas Police Department Texas Woman's University Police Department Denco Backup and Training PSAP SR. Selective Routing. The system that provides automatic routing of 9-1-1 calls based on the caller's location to the appropriate PSAP. The caller is not required to determine which public safety agency to call. ANI. Automatic Number Identification. The feature that provides the caller's telephone number on a console at the PSAP. ALI. Automatic Location Identification. The feature that provides the caller's name and address on a computer monitor at the PSAP. Database. The information accompanying a 9-1-1 call atthe PSAP. The information provided is the caller's name, address and telephone number, as well as the emergency service providers designated to respond to the caller's address. Public Safety Telecommunicator. The individual answering the 9-1-1 calls; trained to communicate with persons seeking emergency assistance and with agencies and individuals providing such assistance. Phase I. The Federal Communication Commission (FCC) mandate to the wireless telephone industry and 9-1-1 requiring the proper routing of wireless 9-1-1 calls to PSAPs and the provision of the callers' ANI to the telecommunicators. Phase II. The feature that provides the approximate geographic location of wireless callers, in addition to the FCC's Phase I enhancements. District Overview Page 3 of 8 June 3, 2002 IWS. Integrated Workstation. The computerized 9-1-1 answering equipment provided by Denco. The equipment has the capacity to include dispatcher tools in addition to the 9-1-1 function, such as computer-aided dispatch, paging, mapping, etc. Denco has 52 integrated workstations at its 12 PSAPS. Benefits of E9-1-1 The E9-1-1 system has enhanced the ability of emergency service providers to save the lives and property of citizens in the Denco Area 9-1-1 District. Some of the direct benefits of the emergency communications system provided by Denco are the following: · Only one three-digit number to remember in an emergency situation. · The 9-1-1 call is muted to the proper agency responsible for dispatching help to the caller. · Trained telecommunicators answer 9-1-1 calls. (In the Denco Area 9-1-1 District, telecommunicators are trained to provide emergency medical dispatch, thus reducing response time for medical emergencies.) · Telecommunicators have the equipment and training necessary to communicate with hearing/speech impaired callers. · The caller's name, address and telephone number, as well as the proper fire, police and emergency medical service designated to respond to the caller's address, is automatically provided to the telecommunicator, thus reducing total response time. In the event the caller is unable to speak, the telecommunicator has the ability to dispatch help to the caller's location that is provided by the E9-1-1 system. · ANI/ALI information provides a means to control and reduce prank calls. · The public education programs associated with E9-1-1 promote citizen awareness and involvement with emergency service providers. · The E9-1-1 system enhances local government's ability to meet the ever-growing public expectation of emergency services created by popular television programming. · The E9-1-1 system is designed to allow PS^Ps the ability to directly transfer a caller to another public safety agency or poison control center. · The E9-1-1 system will identify calls from wireless phones, advising the telecommunicator to ask proper questions to determine the location of the emergency. Phase I provides the caller's telephone number so that the telecommunicator has the ability to reconnect if the call is terminated. Phase II will provide additional location information to telecommunicators. District Overview Page 4 of 8 June 3, 2002 · The system has the ability to identify telephone companies serving 9-1-1 callers, thus streamlining the process for reconciling routing and database errors. Structure of the Denco Area 9-1-1 Distdct Legislation During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e (Section 772, Texas Health and Safety Code), Emergency Telephone Number Act, which provided for the creation, administration, expansion, funding and dissolution of emergency communication districts in certain counties in Texas. The Emergency Telephone Number Act is the legislation under which the Denco Area 9-1-1 District operates. Purpose Section 772.302, Texas Health and Safety Code states the purpose of the Act to be the following: To establish the number 9-1-1 as the primary emergency telephone number for use by certain local governments in this state and to encourage units of local governments and combinations of those units of local government to develop and improve emergency communication procedures and facilities in a manner that will make possible the quick response to any person calling the telephone number 9-1-1 seeking police, fire, medical, rescue and other emergency services. Creation of Denco Area 9-1-1 District On August 8, 1987, Denton County held a special election to confirm the creation of the Emergency Communication District of Denton County and authorize a 9-1-1 emergency service fee, not to exceed three (3%) percent of the base rate of the principal service supplier per service year per month, to be charged by the district for the purpose of establishing E9-1-1 in Denton County. By a margin of 13,086 to 3,024, the voters favored the creation of the emergency communication district. After the special election, the city · · · · · · · :0 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · District Overview Page 5 of 8 June 6, 2002 and county governing bodies within Denton County passed resolutions of participation. The resolutions stated that the city or county would become a participating jurisdiction in the district pursuant to the provisions of the Emergency Telephone Number Act. The participating jurisdictions of the district are the following: Argyle Hackberry Little Elm Aubrey Hebron Marshall Creek Bartonville Hickory Creek Northlake Carrollton Highland Village Oak Point Clark Justin Pilot Point Copper Canyon Krugerville Ponder Corinth Krum Roanoke Corral City Lake Dallas Sanger Cross Roads Lakewood Village Shady Shores Denton Lewisville The Colony Double Oak Lincoln Park Trophy Club Flower Mound Unincorporated Denton County On December 8, 1987, the district's board of managers ordered the levy and collection of the emergency fee to commence with the January 1988 billing cycle. The board ordered the service fee, collected by the telephone companies, to be charged at a rate of three (3%) percent of the base rate of GTE Southwest. The emergency service fee for basic levels.of telephone service charged to customers in the district was capped at $.27 for residential customers, $.71 for business Customers and $1.13 for trunks. (The same cap remains in effect today.) On June 28, 1988, the board of managers named the Emergency Communications District of Denton County, Denco Area 9-1-1 District. District Overview Page 6 of 8 June 6, 2002 Structure Board of Managers. The board of managers is the governing body for the Denco Area 9-1-1 District. The county, participating cities and the Denton County Fire Chiefs Association appoint the board. The current board of managers is made up of the following members: Board Member Mr. Harlan Jefferson, Chairman Mayor Olive Stephens, Vice Chairman Mr, Al Brown, Secretary Mr. Jack Miller, Denton Chief Bruce Vamer, Carrollton Mr. Melvin Willis Represents Participating Cities Participating Cities Denton County Commissioners Court Denton County Commissioners Court Fire Chiefs Association Verizon, Advisory Board members serve staggered two-year terms and are eligible for reappointment. The Emergency Telephone Number Act states "the board shall manage, control and administer the district. The board may adopt rules for the operation of the district." The legislation also allows the board to appoint a director of communications for the district who serves as its general manager. The director, with approval from the board, provides for the service necessary to carry out the purposes of the Emergency Telephone Number Act. The Denco Area 9-1-1 District's staff is responsible for performing all the duties that may be required for the district to accomplish its mission within the framework provided by the board. The "Draft" Denco Area 9-1-1 District Fiscal Year 2003 Financial Plan provides for eleven full time staff members that provide the planning, operations and maintenance functions for the district. The organizational structure of the district includes three direct service program areas that serve the 9-1-1 PSAPs and emergency t I District Overview Page 7 of 8 June 3, 2002 service providers within the district. Included in the organizational chart are names of staff members in each program area. I Patty Cross Public Education/ Training Manager I Sandy Arnesen Public Education/ Training Secretary Board Managers I Mike Pedigo Executive Director Carla Flowers Business Manager Mark Payne 9-1-1 Systems Manager I Glint Cranford 9-1-1 Systems Technician David Connel Information Systems Manager Kandy Jones Information Systems__ Secretary Roger Rose GIS Coordinator CPS Field Technician Rural Addressing Specialist Mission, Values and Goals Mission The Denco Area 9-1-1 District has defined as its mission: The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions respond to police, fire and medical emergency calls by providing an efficient, effective enhanced 9-1-1 emergency telecommunications system. Values The Denco Area 9-1-1 Distdct pledges to uphold the following values: Value 1: Control of district operations is the responsibility of member jurisdictions and the board of managers. District Overview Page 8 of 8 June 3, 2002 The distdct will provide the most reliable, efficient, cost-effective and Value 2: proven state-of-the-art technologies available at the lowest service fee rate possible. Goals The Denco Area 9-1-1 District has the following goals that support its endeavor to camj out its mission. Goal 1: To provide the policy, direction and control mechanisms necessary to assure that the Denco Area 9-1-1 District accomplishes its mission within the financial resources provided. Goal 2: To manage the Denco Area 9-1-1 District in an objective, efficient, effective and responsive manner. Goal 3: To increase public awareness of 9:1-1 issues and promote the proper use of the 9-1-1 system. Goal 4: To provide training programs which enable Public Safety Answering Point (PSAP) personnel to effectively use the 9-1-1 system. Goal 5: To provide and maintain a dependable, state-of-the-art enhanced 9-1-1 network. Goal 6: To assure that PS^Ps have the most accurate, reliable and useable data at all times. DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2003 FINANCIAL PLAN SECTION 3 FINANCIAL PLAN SUMMARY SUMMARY OF COST CLASSIFICATIONS · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2003 FINANCIAL PLAN SUMMARY Strategic Overview Fiscal Year 2002 The terrorist acts of September 11,2001, had a profound impact on the strategic direction of 9-1-1 administrative agencies across Amedca. It heightened their awareness to the need for moro effective and roliable 9-1-1 services and the throat to the security of the 9-1-1 systems. Because of this '~vake-up-call", the Denco Area 9-1-1 Distdct decided to re-examine its existing strategy and to take a new look at its purpose for existence. In December 2001, the Denco Area 9-1-1 Distdct Board of Managers began evaluating the district's mission statement and in April 2002, approved a new mission, values and goals statement. The provious mission statement was adopted in 1992. The district was in its 15th year, it had matured, and it was now time to reevaluate the emergency communications needs in Denton County and provide focus for its rosources in futuro years. The district plans to roview its mission statement at least every five years in the futuro. A copy of the mission, values and goals statement is included in Section 5 of this financial plan. As of September 11th, the Denco Area 9-1-1 District had already begun evaluating its network and was developing a Request for Proposal (RFP) for network and database services. The RFP had been in the planning stages for two years to coincide with the termination of an existing agreement for those services. The RFP was issued on October 8, 2002 and the district has spent much of the current fiscal year evaluating the rosponse. Even though Denco was disappointed that only one telecommunications service provider rosponded to the document, the proposal was very thorough. The primary changes from the existing services that wero included in the network and database proposal were increases in redundancy and diversity to the 9-1-1 networks and a more advanced, robust and redundant database platform. The response proposed duplicating the existing network with a secondary selective routing tandem and a second back-up network between the telephone company switching offices and the duplicate tandem. Even though the proposed network is too costly and cannot be supported within the existing service fee rate structure, Denco is working with the carrier to develop an alternative plan that will provide the redundancy needed to assure continued service in the event of a disaster. FY2003 Budget Summary .doc Page I of 6 The district is moving forward with the transition to the proposed database services. The enhanced database plafform will provide two mated database storage systems, with one located in Texas and the other in California. All 9-1-1 answering points will have the ability to retdeve 9-1-1 location information from both sites. The new platform will also accommodate the retrieval of location information for wireless 9-1-1 calls. Denco is currently in the process of migrating its wireless database to the new system and will move the wireline database in fiscal year 2003. In October 2001, the Denco Area 9-1-1 District began maintaining all of the district's 9-1-1 systems. In past years, it has contracted these services with incumbent telephone companies and that arrangement had served the district well. With the constant change in technology and the desire of Denco to remain responsive to member jurisdiction needs, the district's board decided that Denco member jurisdictions would be better served by the district maintaining the 9-1-1 systems. Since taking over the maintenance of the systems, the district staff has replaced all fifty-three workstations and monitors at its 9-1-1 answering points. Staff has also installed wide-area network servers at all twelve public safety answering points (PSAPs), implemented an online training and communications network and deployed map display software at all workstations. The district also trained more than 150 telecommunicators from across the district in the use of these new systems. As the district implemented new computer hardware, software and network enhancements, it standardized the configuration at all PS^Ps. This standardization has continued to decrease the number of calls for service. Not only does the distdct respond to calls for service from its answering points in a timely manner, it also has procedures in place to do preventative maintenance on the equipment and test systems on a regular basis. The move to internal 9-1-1 systems management has proven to be more efficient and cost effective. In the past, contractors were required to respond within two hours of a call for service. Denco staff frequently responds by telephone within five minutes and often can resolve problems over the phone. Maintenance personnel also have the ability to obtain control of the 9-1-1 computers from a remote location, via the district's wide area network, and often resolve problem in less time by not having to drive to the PSAP. In addition to revising its mission statement, evaluating its network and database systems and implementing a maintenance program for the 9-1-1 systems during fiscal year 2002, the Denco Area 9-1-1 District will have accomplished by FY2003 Budget Summary .doc Page 2 of 6 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · September 30th other objectives that were planned for fiscal year 2002, including, but not limited to, the following: · Added an additional call taker position at the supervisor's desk in the Denton County Sheriff's Office PSAP. · Relocated the Roanoke, UNT and Lake Dallas PSAPs to new facilities. · Publish its second annual report and quarterly issues of The Denco Update newsletter. · Implement a wireless contingency routing network at three small cities that do not have around-the-clock staffing. If there is a system failure, 9- 1-1 calls will be routed to a PSAP over the wireless network. Other systems are in place for the remainder of the district. · Begin the deployment of Phase II enhanced wireless 9-1-1 services. Plans are to complete the deployment with VoiceStream and Sprint PCS, and begin deployment with other wireless carders during the current fiscal year. · Participate in a statewide wireless education campaign. · Provide a computer based testing tool that will be used by all agencies when evaluating potential telecommunicators. Fiscal Year 2003 The Denco Area 9-1-1 Distdct has planned for five years for fiscal year 2003, which will deplete the majority of the reserve funds that it has been accumulating. The most visible and the most costly plans for the distdct during fiscal year 2003 include the deployment of Phase II enhanced wireless 9-1-1 services, the renewal of a network and database service agreement and the purchase and installation of two new PSAP equipment servers. Denco will begin deploying Phase II enhanced wireless services during fiscal year 2002, but expects the financial impact of the service to be during fiscal year 2003. The district has budgeted $1,000,000 during fiscal year 2003 for non- recurring costs associated with the deployment of Phase I1 services. The district has set these funds aside in a Designated Phase II Wireless account. Denco signed a seven-year agreement in 1995 with GTE (now Vedzon) for the purchase of selective routing and database services. At that time, the district moved to digital selective routing software that provided services not available previously. The digital platform was the first provided in Texas and the cost for the services were negotiated prior to a tariff.being approved by the Public Utility Commission of Texas (PUC). The PUC approved the agreement on an individual case basis. The cost for the services were fixed for the term of the agreement and not allowed to escalate with growth in the district. The contract expires in fiscal year 2003 and Denco will be required to pay the tadff rate for the services, increasing its annual costs by close to $300,000. FY2003 Budget Summary .doc Page 3 of 6 The distdct requested bids from vendors during the current year for the purchase of two new CML ECS '1000 PSAP Controller switches. The switches provide the intelligence for the fifty-three 9-1-1 call taker positions that Denco supports. Over the past five years, Verizon has maintained these switches for the district. Beginning next fiscal year, Denco will assume that function with the installation of the two new PSAP Controller switches. At the time of installation, Denco will program the switches with matching databases so that they will be consistent and more easily maintained. One switch will be located in Carrollton and serve the Carrollton, The Colony, Lewisville, Flower Mound and Highland Village PSAPs. The second switch will be located in Denton and serve the City of Denton, Denton County Sheriff's Department, Lake Dallas, Roanoke, UNT and TWU PSAPs. The existing-switch located in Carrollton will be relocated to the Denco facility and be used as a controller for the district's training PSAP and lab for research purposes. In addition, the district will be evaluating the potential of using it as a back-up server for PSAPs. It will require some upgrade, depending on the extent of its use. Denco has budgeted $510,000 in its fiscal year 2003 capital expenditure budget for the purchase and delivery of the two new switches and the relocation and upgrade of the existing switch. In addition to the projects discussed and the ongoing services Denco provides its member jurisdictions, fiscal year 2003 plans include the following: · Actively participate in legislative and regulatory issues that might have an affect on the operations of the Denco Area 9-1-1 District. · Conduct a public hearing that is required every three years regarding the continuation or dissolution of the emergency communication district. · Continue with the development and distribution of a wireless 9-1-1 public awareness campaign. There are many misconceptions regarding the accuracy and reliability of enhanced wireless 9-1-1 services. · Offer additional classes that provide state certification at the intermediate level for telecommunicators. · Provide district-wide training that might assist PSAPs decrease the turnover of telecommunicators. · Audit the 9-1-1 networks to assure that diverse and redundant voice and data paths are operational. · Move wireline database to new platform. · Implement new statistical gathering and reporting software. FY2003 Budget Summary .doc Page 4 of 6 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Financial Overview Revenue Highlights · Service fee revenue is expected to increase in fiscal year 2003 by $117,335. · Projected interest earned for FY2003 is anticipated to be close to that of the current fiscal year. Interest revenue in fiscal year 2002 is expected to be lower than budgeted because of lower interest rates. · Denco received a pre-paid maintenance refund this year of $148,417. The financial plan for 2003 projects a refund of $47,808. This lower refund accounts for the small increase in total revenue anticipated in fiscal year 2003. · Denco expects to receive $61,044 for contract services provided to the county for addressing maintenance in unincorporated Denton County. · Denco estimates a net increase of $16,767 in total revenues in FY 2003. Expenditure Highlights FY2003 Budg~Summa~ .doc · Total Personnel expenditures ara proposed to increase by $101,605 in fiscal year 2003. Reasons for the increase include the following: · The budget includes a four percent incraase in total salaries for existing personnel. · Also included is the addition of a GPS Field Technician. This will be a new staff position rasponsible for the gathering of data to be included in the 9-1-1 database. This position will eliminate two contract personnel positions that have been included in the last two fiscal years. The software the district is using to gather GIS data is special purpose software that requiras advanced training that is not available to independent contract personnel. · Also included in personnel cost is an incraase in health benefit costs. Due to the small number of its staff, the distdct expects a 50 pement increase in health benefits next fiscal year. The budget includes a 20 percent increase in the district's contribution to healthcara insurance benefits. · Operations expenditures are expected to increase by $11,866 in fiscal year 2003. Most of the increase is included in office space/maintenance, insurance and costs ralated to the legislative session that begins in January 2003. · Diract Service expenditures ara expected to incraase by $1,079,992. The major reasons, as explained earlier, ara the $1,000,000 that are set aside for the implementation of Phase II enhanced wireless 9-1-1 services and the $280,224 incraase in network and database services requirad by the new tariff rates. · Capital expendituras ara expected to increase by $345,359. $568,000 of the total $580,000 capital budget is for the purchase of PSAP equipment. Included is the purchase of the two new ECS 1000 PSAP Controller switches and the upgrade to the existing switch. Page 5 of 6 Debt Service drops to zero. During fiscal year 2002, Denco will complete its five-year lease purchase agreement for the 9-1-1 equipment that it bought in 1997. The ending fund balance projected for the next five years provides a strong financial position for the district at the existing service fee rate. The Denco Area 9-1-1 District Board of Managers is committed to providing the best service available within the present day funding structure. FY2003 Budget Summary .doc Page 6 of 6 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · '0 · · · · · · · DENCO AREA 9-1-1 DISTRICT SUMMARY OF COST CLASIFICATIONS Personnel includes staff salary, deferred compensation, health care and retirement benefits. Also included are costs for state unemployment tax and employer's contribution to Medicare. Operations Includes overhead costs for ongoing 9-1-1 emergency network suppod services. Communications Includes telecommunication, printing/publishing and postage/shipping costs necessary for the distdct to disseminate information. Telecommunication costs includes local and long-distance office telephone and wireless service, internet, pager, and telephone equipment expense. Printing/Publishing includes all costs of outside printing, binding, collating, design, layout, photography, art work, and similar costs related to the preparation and publication of printed material such as letterhead, newsletter shells, envelopes, business cards and video presentations. Postaae/Shiopino includes all general and overnight postage, insurance, freight, delivery, meter rental and other related costs except when postage and shipping are included in the total purchase price of a specific item. Expendable Supplies includes the cost of routine expendable office supplies and commercially available software. Supplies also include the costs associated with service awards and meetings. Professional Services Includes the cost of legal fees, accounting services, independent audit and professional development cost for conference registration, tuition reimbursement, reimbursement paid to new employees as part of recruitment agreement, and staff training. Includes cost of all service, repair, support and maintenance incurred after initial purchase of furniture, fixtures, and equipment. summary of cost classifications.doc Page 1 of 4 Office Space/Maintenance Includes the cost of utilities, building services, maintenance and repair expense for office and training facility owned by district. Memberships/Subscriptions Includes individual and organizational memberships to professional organizations such as National Emergency Number Association (NENA), Association of Public Safety Communications Officials-International (APCO), and American Society for Training and Development (ASTD). Includes subscriptions to newspapers, periodicals, information services, technical support publications and the pumhase or rental of books, videos and recordings. Advertising Includes the cost of public service announcements, required legal notices, public meeting notices, solicitation for bids, job announcements, and other costs related to the media. Insurance Includes general liability, errors and omissions, property and workers compensation insurance required for the district board and staff. Also, includes property insurance for PSAP equipment owned by district not located at Denco facilities. Travel Includes out of district travel costs such as, but not limited to mileage reimbursement, airfare, food, lodging, local transportation, parking, telephone, etc. when such costs are reasonable and when they are incurred in conjunction with board and authorized staff travel out of the district. Also included is reimbursement for the use of personal vehicles on official business within the district. DIRECT SERVICES Includes all non-recurring and recurring costs attributed directly to the operations, maintenance, equipment, network and database required in the provision of 9-1-1 services. Does not include the cost for equipment purchased and owned by the district. Also included are direct costs for information system services, public education and training for telecommunicators. summary of cost classifications.doc Page 2 of 4 9-1-1 Systems Includes operations, service and direct maintenance costs required for Denco to maintain the 9-1-1 systems. Also included are non-recurring and monthly recurring costs for network and database services, language interpretation and other recurring services. Information Systems Includes operations, service and direct maintenance costs required to develop and distribute 9-1-1 GIS and other database information to public safety answering points and emergency response agencies. Included are costs for contract personnel, the pumhase of aerial photography files and the service and maintenance of hardware and software required to provide the data. Public Education Includes operating costs required for the development, pumhase and distribution of public information and education materials for special focus groups and district at large. Also includes costs for special functions such as National Telecommunicator Week recognition and 9-1-1 Day activities. Training Includes cost for materials, instructors, registration, etc., associated with meeting the training needs of 9-1-1 call takers. Also included are direct costs required for Denco to sponsor telecommunicators from across the district to the State of Texas annual awards and appreciation activities and recipients of the Dr. Allen Groff Emergency Medical Dispatch (EMD) Scholarship to the national EMD conference. CAPITAL EXPENDITURES Includes all capital expenditures for the purchase of fixed assets such as land, building, furniture and fixtures and equ!pment. Land Includes all costs associated with the purchase of land including purchase pdce, real estate commissions and all related professional fees. Building Includes all costs associated with the improvement, construction or purchase of building facilities. Includes all construction costs, professional fees and permits. summary of cost classifications.doc Page 3 of 4 Furniture and Fixtures Includes purchase pdce plus ail expenditures related to the shipping, freight, transportation and installation of fumiture and fixtures. Office Equipment Includes the cost of office equipment including the purchase price plus all expenditures connected with the acquisition and installation of the equipment. PSAP Equipment Includes the cost of computer and other PSAP equipment that is purchased by the district and carried as a fixed asset. DEBT SERVICE Includes principal, interest, and other payments directly related to the repayment of debt. summary of cost classifications.doc Page 4 of 4 DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2003 FINANCIAL PLAN SECTION 4 ANITClPATED REVENUES PROPOSED EXPENDITURES · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · DENCO AREA 911 DISTRICT FINANCIAL PLAN Beginning of Year Fund Balance $1,483,949 Anticipated Revenues 9-1-1 Service Fee Revenue Interest Revenue Contract Services Revenue Miscellaneous Revenue (Expense) Total Anticipated Revenues $2,703,614 $27,101 $61,044 $47.808 $2,839,568 Proposed Expenditures Personnel Operations Direct Services Capital Expenditures Debt Service Total Proposed Expenditures Revenues Over (Under) Expenditures $833,271 $136,263 $2,360,751 $580,000 $3,9'10,285 ($1.070.717) End of Year Fund Balance FY2003 Financial Plan.xls,6/6/2002,1:30 PM 95.21% 0.95% 2.15% 1.68% 100.00% 21.31% 3.48% 60.37% 14.83% 0.00% 100.00% DENCO AREA 911 DISTRICT FINANCIAL PLAN Service Fee Revenue Vedzon SBC Spdnt CenturyTel Other Local Exchange Carriers (CLECs) Pdvate Switch Service Fees Telephone Company Administrative Charges Telephone Company Uncollectible Charges Telephone Company Adjustments Net Wireline Service Fee Revenue Wireless Service Fee Revenue Total Service Fee Revenue Non Service Fee Revenue Interest Revenue Contract Service Revenue Miscellaneous Revenue (Expenses) Total Non Service Fee Revenue Total Revenue $930,052 $157,704 $34,897 $59,021 $192,826 $5,398 ($12,000) ($1,200) ~,~ooo) $1,351,697 $2,703,614 $27,101 $61,044 $47.808 $135,953 $2,839,568 FY2003 Financial Plan.x~s,6/6/2002,1:30 PM 32.75% 5.55% 1.23% 2.08% 6.79% 0.19% -0.42% -0.04% 47.60% 47.61% 95.21% 0.95% 2.15% J .68% 4.79% 100.00% · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · DENCO AREA 911 DISTRICT FINANCIAL PLAN Personnel Expenditures Salaries Benefits Operations Expenditures Communications Telecommunications Printing Postage/Shipping Supplies Professional Services Legal Services Independent Audit Professional Development Other Professional Services Office Space/Maintenance Memberships/Subscriptions Advertising Insurance Travel Out of District In District Direct Service Expenditures 9-1-1 Systems Information Systems Public Education/Training Capital Expenditures Building Fumiture and Fixtures Office Equipment PSAP Equipment Debt Service Expenditures PSAP Equipment Debt Total Total Total Total Total $613,742 $833,271 $11,171 $2,060 $5,872 $11,500 $16,000 $2,800 $7,101 $9,970 $32,830 $1,359 $900 $11,400 $16,650 $6.650 $136,263 $2,228,191 $37,715 $94.845 $2,360,751 $3,000 $2,OOO $7,000 $568.000 $58O,0OO $o $3,910,285 FY2003 Financial Plan.xls,6/6/2002,1:30 PM 15.70% 5.61% 21.31% 0.29% 0.05% 0.15% 0.29% 0.00% 0.41% 0.07% 0.18% 0.25% 0.84% 0.03% 0.02% 0.29% 0.43% 0.17% 3.48% 56.98% 0.96% 2.43% 60.37% 0.08% 0.05% 0.18% 14.53% 14.83% 0.00% 0.0O% 100.00% · · · · · DENCO AREA 911 DISTRICT FINANCIAL PLAN Be~linning of Year Fund Balance $1,260,856 $1,483,949 $413,232 $513,875 $598,841 $654,718 Revenue Net Service Fee Revenue $2.586,279 .$2~703.6t4 $2,865,831 $3,037.781 $3,220.048 $3.413.251 Interest Revenue $27,101 $27,101 $10,331 $12.847 $14.971 $15.368 Miscellaneous Revenue (Expense) $61,044 $61,044 $61,044 $61.044 $61.044 $61.044 ~ontract Services Revenue $148.377 $47.808 ~0. ~)_ SD. ~ Total Revenue $2,822,801 $2,839,568 $2,937,206 $3,111,672 $3,296,063 $3,490,663 Expenditures Personnel $731,665 $833,271 $686.04~ $046.575 $1.014,557 $1.085.633 Dperations $124,397 $135,263 $142.013 $140.364 $155,331 $162.033 Direct Services $1.288,759 $2,360~751 $1,544,503 $1,662.767 $1.790.297 $1.927.826 CapEal Expenditures $234,641 $580,00{) $262,000 $267.000 $280,000 $280.000 Debt Service $228,245 $0 $0 $0 $0 $0 Total Expenditures $2,599,707 $3,910,285 $2,836,563 $3,026,706 $3,240,186 $3,456,492 Revenue over (Under) Expenditures $223,094 ($1,070,717] $t00,643 $84,966 $55,877 $34,171 End of Year Fund Balance $1.483.949 $413.232 $513.875 $598.841 $654.718 $688.889 F'(20Q3 Financial Plan.xls,6/6/20O2,1:30 PM 4 DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2003 FINANCIAL PLAN SECTION 5 APPENDIX MISSION STATEMENT HB 1984 RESOLUTIONS DISTRICT LEGISLATION DENCO AREA 9-1-1 DISTRICT Mission, Values and Goals Statement Mission The mission of the Denco Area 9-1-1 District is to assist its member jurisdictions respond to police, fire and medical emergency calls by providing an efficient, effective enhanced 9-1-1 emergency telecommunications system. Values The Denco Area 9-1-1 District pledges to uphold the following values: Value 1: Control of district operations is the responsibility of member jurisdictions and the board of managers. Value 2: The district will provide the most reliable, efficient, cost-effective and proven state-of-the-art technologies available at the lowest service fee rate possible. Goals The Denco Area 9-1-1 District has the following goals that support its endeavor to carry out its mission. Goal 1: To provide the policy, direction and control mechanisms necessary to assure that the Denco Area 9-1-1 District accomplishes its mission within the financial resoumes provided. Goal 2: To manage the Denco Area 9-1-1 District in an objective, efficient, effective and responsive manner. Goal 3: To increase public awareness of 9-1-1 issues and promote the proper use of the 9-1-1 system. Goal 4: To provide training programs which enable Public Safety Answering Point (PSAP) personnel to effectively use the 9-1-1 system. Goal 5: To provide and maintain a dependable, state-of-the-art enhanced 9-1-1 network. Goal 6: To assure that PSAPs have the most accurate, reliable and useable data at all times. · · · · · · · · · · · · · · · · · · · · · · · · · H.B. No. 1984 AN ACT relating to the consolidation of emergency communication districts and to the approval of proposed budgets of certain emergency communication districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 771.001(3), Health and Safety Code, is amended to read as follows: (3) "Emergency communication district" means: (A) a public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or (B) a district created under Subchapter B, C, [eF] D, or F, Chapter 772. SECTION 2. Sections 772.309(b), (c), and (d), Health and Safety Code, are amended to read as follows: (b) The board shall submit a draft of the proposed budget to the qoverninq bodies of the participating jurisdictions not later than the 45th day before the date the boarcl adopts the budget. The participating jurisdictions shall review the proposed budget anti submit any comments regarding the budget to the board. (c) If the governing body of a county, municipality, or other participating iurisdiction does not approve or disapprove the budget before the 61 st day after the date the body received the proposed budget for review, the budget is approved by operation of law. (d) A revision of the budget must be approved in the same manner as the budget. budget legislation,doc Page 1 of 2 (e) [(-c-)] As soon as practicable after the end of each district fiscal year, the director shall prepare and present to the board and to each participating jurisdiction in writing a sworn statement of all money received by the district and how the money was used during the preceding fiscal year. The report must show in detail the operations of the district for the fiscal year covered by the report. ~.~ [(-d)] The board shall have an independent financial audit of the distdct performed annually. budget legislation,doc Page 2 of 2 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING THE DENCO AREA 9-1-1 DISTRICT BUDGET APPROVAL POLICY WHEREAS, the Denco Area 9~1-1 District was created under Texas Health and Safety Code and the voters of Denton County to design, implement and operate a 9-1-1 system for all participating jurisdictions; and WHEREAS, the Board of Managers is appointed by participating jurisdictions to manage, control and administer the district; and WHEREAS, under the direction of the Board of Managers, the executive director prepares an annual budget that must be approved by the board, the commissioners court and the majodty of participating cities; NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-t-1 DISTRICT BOARD OF MANAGERS THAT: 1. The Denco Area 9-1-1 District approved budget shall include specific revenue and expenditure projections by department. Budget departments as defined in district's annual audit include service fee revenue, interest revenue and miscellaneous revenue. Expenditure departments include personnel services, operations, direct services, capital outlay and debt service. The board, at its discretion, may add or delete budget departments. 2. The executive director shall submit to the Board of Managers requests for amendments, revisions or modifications to the district's annual budget that require an increase in any budget department's expenditures in excess of five percent of the total department budget. Any increase of expenditures in excess of the approved department budget, up to five percent, shall be offset by a decrease of an equal amount in another department budget. 3. Without limiting the Board of Managers authority under Section 772, Texas Health and Safety Code, the Board of Managers may approve amendments, revisions or modifications to the District's annual budget as deemed reasonable and necessary as long as such budget amendments, revisions or modifications do not require that the total expenditures budgeted exceed the amount previously approved and adopted by the Board of Managers, the Denton County Commissioners Court and the majority of participating cities' governing bodies. APPROVED and ADOPTED on this 6th day of April 2000. Chairman, Board of Managers Secretary, Board of Managers budget approval policy.doc Page I of 1 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURES FOR CONSIDERATION AND APPOVAL OF A BUDGET WHEREAS, Sections 772.309(b)&(c), Texas Health and Safety Code have been amended by the Texas Legislature to specify certain procedures for the consideration and approval of a budget by the Board and governing bodies of participating jurisdictions. NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The Board's procedures for consideration and approval of a budget shall include the following: 1. Not later than the th 45 day before the Board adopts a budget, the Executive Director on behalf of the Board will submit a draft of the proposed budget to each of the governing bodies of the participating jurisdictions, in a transmittal letter accompanying the draft of the proposed budget, the Executive Director will include a statement requesting that the governing bodies of each of the participating jurisdictions review the draft of the proposed budget and submit any comments to the Board prior to or on the date the budget is scheduled for consideration and adoption by the Board. 2. Once the Board adopts the budget, the Executive Director on behalf of the Board will within three days either 1 ) send a letter to each of the governing bodies of the participating jurisdictions stating that the Board adopted the proposed budget without any changes or 2) send a copy of the budget adopted by the Board and include in a letter the differences between the proposed and adopted budget. In the letter to the governing bodies of the participating jurisdictions, the Executive Director will include a statement requesting approval of the Board's adopted budget by the governing bodies of participating jurisdictions within sixty days of receipt. APPROVED and ADOPTED on this 2"d day of December 1999. Chairman, Board of Managers Secretary, Board of Managers Budget Approval Procedures.doc ' Page 1 of I · · · · · .0 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH POPULATION OVER 20,000 § 772.301. Short Title This subchapter may be cited as the Emergency Telephone Number Act. Acts 1989, 71st Leg, ch. 678, § 1, eft. Sept. 1, 1989. § 772.302. Purpose It is the purpose of this subchapter to establish the number 9-1-1 as the primary emergency telephone number for use by certain local governments in this state and to encourage units of local government and combinations of those units to develop and improve emergency communication procedures and facilities in a manner that will make possible the quick response to any person calling the telephone number 9-1-1 seeking police, fire, medical, rescue, and other emergency services. To this purpose the legislature finds that: (1) it is in the public interest to shorten the time required for a citizen to request and receive emergency aid; (2) there exist thousands of different emergency telephone numbers throughout the state, and telephone exchange boundaries and central office service areas do not necessarily correspond to public safety and political boundaries; (3) a dominant part of the state's population is located in rapidly expanding metropolitan areas that generally cross the boundary lines of local jurisdictions and often extend into two or more counties; and (4) provision of a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public safety efforts by making it less difficult to notify public safety personnel quickly. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.303. Definitions In this subchapter: (1) "Board" means the board of managers of a district. Health and Safety Code, Chapter 772.300 Page 1 of 16 (2) "Director" means the director of communication for a district. (3) "District" means an emergency communication district created under this subchapter. Acts 1989, 71st Leg., ch:678, § 1, eft. Sept. 1, 1989. § 772.304. Application of Subchapter (a) This subchapter applies only to a county with a population of more than 20,000 or to a group of two or more contiguous counties each with a population of 20,000 or more in which an emergency communication district was created under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before January 1, 1988, or to a public agency or group of public agencies that withdraws from participation in a regional plan under Section 771.058(d). (b) This subchapter does not affect the authority of a public agency to operate under another law authorizing the creation of a district in which 9-1-1 service is provided. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1405, § 32, eff. Sept. 1, 1999. § 772.305. Additional Territory (a) If a municipality that is part of a district annexes territory that is not part of the district, the annexed territory becomes part of the district. (b) A public agency located in whole or part in a county adjoining the district, by resolution adopted by its governing body and approved by the board of the district, may become part of the district and subject to its benefits and requirements. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.306. Board of Managers (a) A district is governed by a board of managers. (b) If the most populous municipality in the district has a population of more than 140,000, the board consists of: (1) one member for each county in the district appointed by the commissioners court of each county; Health and Safety Code, Chapter 772.300 Page 2 of 16 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (2) two members appointed by the governing body of the most populous municipality in the district; (3) one member appointed by the governing body of the second 'most populous municipality in the district; (4) one member appointed as provided by this section to represent the other municipalities located in whole or part in the district; and . (5) one member appointed by the principal service supplier. (c) If Subsection (b) does not apply to a district, the board consists of: (1) the following members representing the county or counties in the district: (A) if the district contains only one county, two members appointed by the commissioners court of the county; (B) if the district originally contained only one county but contains more than one county when the appointment is made, two members appointed by the commissioners court of the county in which the district was originally located, and one member appointed by the commissioners court of each other county in the district; or (C) if the district originally contained more than one county and the district contains more than one county when the appointment is made, one member appointed by the commissioners court of each county in the district; (2) two members appointed jointly by all the participating municipalities located in whole or part in the district; (3) one member appointed jointly by the volunteer fire departments operating wholly or partly in the district, with the appointment process coordinated by the county fire marshal or marshals of the county or counties in the district; and (4) one member appointed by the principal service supplier. (d) The board member appointed by the principal service supplier is a nonvoting member. If the board is appointed under Subsection (c), the principal service supplier may waive its right to appoint the board member and designate another service supplier serving all or part of the district to make the appointment. (e) The board member appointed under Subsection (b)(4) is appointed by the mayor's council established to administer urban development block grant funds, if one exists in the district. Otherwise, the member is appointed by the other Health and Safety Code, Chapter 772.300 Page 3 of 16 members of the board on the advice and recommendation of the governing bodies of all the municipalities represented by the member. (f) The initial board members appointed by municipalities under Subsection (c)(2) are appointed by all the municipalities located in whole or part in the district. · (g) Board members are appointed for staggered terms of two years, with as near as possible to one-half of the members' terms expiring each year. (h) A board member may be removed from office at will by the entity that appointed the member. (i) A vacancy on the board shall be filled for the remainder of the term in the manner provided for the original appointment to that position. (j) Board members serve without compensation. The district shall pay all expenses necessarily incurred by the board in performing its functions under this subchapter. (k) The board may appoint from among its membership a presiding officer and any other officers it considers necessary. (I) The director or a board member may be appointed as secretary of the board. The board shall require the secretary to keep suitable records of all proceedings of each board meeting. After each meeting the presiding officer at the meeting shall read and sign the record and the secretary shall attest the record. (m) Voting members of the board may meet in executive session in accordance with Chapter 551, Government Code. (n) A majority of the voting members of the board constitutes a quorum. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eft. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 638, § 15, eft. Sept. 1, 1995. § 772.307. Powers and Duties of Board (a) The board shall control and manage the district. (b) The board may adopt rules for the operation of the district. ' Health and Safety Code, Chapter 772,300 Page 4 of 16 (c) The board may contract with any public or private entity to carry out the purposes of this subchapter, including the operation of a 9-1-1 system. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.308. Director of District (a) The board shall appoint a director of communication for the district and shall establish the directors compensation. The director must be qualified by training and experience for the position. (b) The board may remove the director at any time. (c) With the board's approval, the director may employ any experts, employees, or consultants that the director considers necessary to carry out the purposes of this subchapter. (d) The director shall perform all duties that the board requires and shall supervise as general manager the operations of the district subject to any limitations prescribed by the board. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.309. Budget; Annual Report; Audit (a) The director shall prepare under the direction of the board an annual budget for the district. To be effective, the budget must: (1) be approved by the board; (2) be presented to and approved by the commissioners court of each county in the district; (3) be presented to and approved by the governing body of the most populous municipality in the district, if that municipality has a population of more than 140,000; and (4) be presented to the governing body of each other participating jurisdiction and approved by a majority of those jurisdictions. (b) The board shall submit a draft of the proposed budget to the governing bodies of the participating jurisdictions not later than the 45th day before the date the board adopts the budget. The participating jurisdictions shall review the proposed budget and submit any comments regarding the budget to the board. Health and Safety Code, Chapter 772.300 Page 5 of 16 (c) If the governing body of a county, municipality, or other participating jurisdiction does not approve or disapprove the budget before the 61st day after the date the body received the proposed budget for review, the budget is approved by operation of law. (d) A revision of the budget must be approved in the same manner as the budget. (e) As soon as practicable after the end of each district fiscal year, the director shall prepare and present to the board and to each participating jurisdiction in writing a'sworn statement of all money received by the district and how the money was used during the preceding fiscal year. The report must show in detail the operations of the district for the fiscal year covered by the report. (f) The board shall have an independent financial audit of the district performed annually. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1406, § 2, eft. Aug. 30, 1999. § 772.310. Establishment of 9-1-1 Service (a) A district shall provide 9-1-1 service to each participating jurisdiction through one or a combination of the following methods and features: (1) the transfer method; (2) the relay method; (3) the dispatch method; (4) automatic number identification; (5) automatic location identification; (6) selective routing; or (7) any equivalent method. (b) A d!strict shall provide 9-1-1 service using one or both of the following plans: (1) the district may design, implement, and operate a 9-1-1 system for each participating jurisdiction with the consent of the jurisdiction; or Health and Safely Code, Chapter 772.300 Page6of 16 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (2) the district may design, implement, and operate a 9-1-1 system for two or moro participating jurisdictions with the consent of each of those jurisdictions if a joint operation would be moro economically feasible than separate systems for each jurisdiction. (c) Under either plan authorized by Subsection (b), the final plans for the particular system must have the approval of each participating jurisdiction covered by the system. (d) The district shall recommend minimum standards for a 9-1-1 system. (e) A service supplier involved in providing 9-1-1 service, a manufacturor of equipment used in providing 9-1-1 service, or an officer or employee of a service supplier involved in providing 9-1-1 service is not liable for any claim, damage, or loss arising from the provision of 9-1-1 service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 638, § 16, eft. Sept. 1, 1995. § 772.311. Primary Emergency Telephone Number The digits 9-1-1 are the primary emergency telephone number in a district. A public safety agency whose services aro available through a 9-1-1 system may maintain a separate number or numbers for emergencies and shall maintain a separate number or numbers for nonemergency telephone calls. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.312. Transmitting Requests For Emergency Aid (a) A 9-1-1 system established under this subchapter must be capable of transmitting requests for fire-fighting, law enfomement, ambulance, and medical services to a public safety agency or agencies that provide the requested service at the place from which the call originates. A 9-1-1 system may also provide for transmitting requests for other emergency services such as poison control, suicide prevention, and civil defense. (b) A public safety answering point may transmit emergency rosponse requests to private safety entities. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.313. Powers of District Health and Safety Coda, Chapter 772.300 Page 7 of 16 (a) The distdct is a body corporate and politic, exemising public and essential governmental functions and having all the powers necessary or convenient to carry out the purposes and provisions of this subchapter, including the capacity to sue or be sued. (b) To fund the district, the district may apply for, accept, and receive federal, state, county, or municipal funds and private funds and may spend those funds for the purposes of this subchapter. The board shall determine the method and soumes of funding for the district. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.314. 9-1-1 Emergency Service Fee (a) The board may impose a 9-1-1 emergency service fee on service users in the district. (b) The fee may be imposed only on the base rate charge or its equivalent, excluding charges for coin-operated telephone equipment. The fee may not be imposed on more than 100 local exchange access lines or their equivalent for a single business entity at a single location, unless the lines ars used by residents of the location. The fee may also not be imposed on any line that the Advisory Commission on State Emergency Communications excluded from the definition of a local exchange access line or an equivalent local exchange access line pursuant to Section 771.063. If a business service user provides residential facilities, each line that terminates at a residential unit and that is a communication link equivalent to a residential local exchange access line shall be charged the 9-1-1 emergency service fee. The fee must have uniform application and must be imposed in each participating jurisdiction. (c) The rate of the fee may not exceed six percent of the monthly base rate in a service year charged a service user by the principal service supplier in the participating jurisdiction. For purposes of this subsection, the jurisdiction of the county is the unincorporated area of the county. (d) The board shall set the amount of the fee each year as part of the annual budget. The board shall notify each service supplier of a change in the amount of the fee not later than the 91 st day before the date the change takes effect. (e) In imposing the fee, the board shall attempt to match the district's revenues to its operating expenditures and to provide reasonable reserves for contingencies and for the purchase and installation of 9-1-1 emergency service equipment. If the revenue generated by the fee exceeds the amount of money needed to fund the district, the board by resolution shall reduce the rate of the fee to an amount adequate to fund the district or suspend the imposition of the fee. If the board suspends the imposition of the fee, the board by resolution may Health and Safety Code, Chapter 772.300 Page 8 of 16 reinstitute the fee if money generated by the distdct is not adequate to fund the district. (0 In a public agency whose governing body at a later date votes to receive 9-1-1 service from the district, the fee is imposed beginning on the date specified by the board. The board may charge the incoming agency an additional amount of money to cover the initial cost of providing 9-1-1 service to that agency. The fee authorized to be charged in a district applies to new territory added to the district when the territory becomes part of the district. (g) For the purposes of this section, the jurisdiction of the county is the unincorporated area of the county. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 14, eft. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 1203, § 5, eft. June 18, 1999. § 772.315. Collection of Fee (a) Each billed service user is liable for the fee imposed under Section 772.314 until the fee is paid to the service supplier. The fee must be added to and stated separately in the service user's bill from the service supplier. The service supplier shall collect the fee at the same time as the service charge to the service user in accordance with the regular billing practice of the service supplier. A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall collect the 9-1-1 emergency service fee and transmit the fees monthly to the district. (b) The amount collected by a service supplier from the fee is due monthly. The service supplier shall remit the amount collected in a calendar month to the district not later than the 60th day after the last day of the calendar month. With each payment the service supplier shall file a return in a form prescribed by the board. (c) Both a service supplier and a business service user under Subsection (a) shall maintain records of the amount of fees it collects for at least two years after the date of collection. The board may require at the board's expense an annual audit of a service supplier's books and records or the books and records of a business service user described by Subsection (a) with respect to the collection and remittance of the fees. (d) A business service user that does not collect and remit the 9-1-1 emergency service fee as required is subject to a civil cause of action under Subsection (g). A sworn affidavit by the district specifying the unremitted fees is Health and Safety Code, Chapter 772.300 Page 9 of 16 prima facie evidence that the fees were not remitted and of the amount of the unremitted fees. (e) A service supplier is entitled to retain an administrative fee from the amount of fees it collects. The amount of the administrative fee is two pement of the amount of fees it collects under this section. (f) A service supplier is not required to take any legal action to enforce the collection of the 9-1-1 emergency service fee. However, the service supplier shall provide the district with an annual certificate of delinquency that includes the amount of all delinquent fees and the name and address of each nonpaying service user. The certificate of delinquency is prima facie evidence that a fee included in the certificate is delinquent. A service user account is considered delinquent if the fee is not paid to the service supplier before the 31st day after the payment due date stated on the user's bill from the service supplier. (g) The district may institute legal proceedings to collect fees not paid and may establish internal collection procedures and recover the cost of collection from the nonpaying service user. If the district prevails in legal proceedings instituted to collect a fee, the court may award the district court costs, attorney's fees, and interest in addition to other amounts recovered. A delinquent fee accrues interest at an annual rate of 12 percent beginning on the date the payment becomes due. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 15, eft. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, § 17, eft. Sept. 1, 1995. § 772.316. District Depository (a) The board shall select a depository for the distdct in the manner provided by law for the selection of a county depository. (b) A depository selected by the board is the district's depository for two years after the date of its selection and until a successor depository is selected and qualified. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.317. Allowable Expenses Allowable operating expenses Of a district include all costs attributable to designing a 9-1-1 system and to all equipment and personnel necessary to establish and operate a public safety answering point and other related answering points that the board considers necessary. Health and Safety Code, Chapter 772.300 Page 10 of 16 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.318. Number and Location Identification (a) As part of computerized 9-1-1 service, a service supplier shall furnish current telephone numbers of subscribers and the addresses associated with the numbers on a call-by-call basis. (b) A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone service to facility residents shall provide to those residential end users the same level of 9-1-1 service that a service supplier is required to provide under Subsection (a) to other residential end users in the district. (c) Information furnished under this section is confidential and is not available for public inspection. (d) A service supplier or business service user under Subsection (b) is not liable to a person who uses a 9-1-1 system created under this subchapter for the release to the district of the information specified in Subsections (a) and (b). Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 16, eft. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, § 18, eft. Sept. 1, 1995. § 772.319. Public Review (a) Periodically, the board shall solicit public comments and hold a public review hearing on the continuation of the district and the 9-1-1 emergency service fee. The first hearing shall be held three years after the date the order certifying the creation of the district is filed with the county clerks. Subsequent hearings shall be held three years after the date each order required by Subsection (d) is adopted. (b) The board shall publish notice of the time and place of the hearing once a week for two consecutive weeks in a daily newspaper of general circulation published in the district. The first notice must be published not later than the 16th day before the date set for the hearing. (c) At the hearing, the board shall also solicit comments on the participation of the distdct in the applicable regional plan for 9-1-1 service under Chapter 771. After the hearing, the board may choose to participate in the regional plan as 3rovided by that chapter. Heal. and Safe. Code, Chap~r 772.300 Page 11 of 16 (d) After the hearing, the board shall adopt an order on the continuation or dissolution of the district and the 9-1-1 emergency service fee. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.320. Dissolution Procedures (a) If a distdct is dissolved, 9-1-1 service must be discontinued on the date of the dissolution. The commissioners court of the county in which the district was located or, if the district contains more than one county, the commissioners courts of those counties acting jointly, shall assume the assets of the district and pay the district's debts. If the district's assets are insufficient to retire all existing debts of the district on the date of dissolution, the commissioners court or courts acting jointly shall continue to impose the 9-1-1 service fee, and each service supplier shall continue to collect the fee for the commissioners court or courts. Proceeds from the imposition of the fee after dissolution of the distdct may be used only to retire the outstanding debts of the district. (b) The commissioners court or courts shall retire the district's debts to the extent practicable according to the terms of the instruments creating the debts and the terms of the orders and resolutions authorizing creation of the debts. (c) The Commissioners court or courts by order may adopt the rules necessary to administer this section, Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.321. Issuance of Bonds The board may issue and sell bonds in the name of the district to finance: (1) the acquisition by any method of facilities, equipment, or supplies necessary for the district to begin providing 9-1-1 service to all participating jurisdictions; and (2) the installation of equipment necessary for the distdct to begin providing 9-1-1 service to all participating jurisdictions.. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.322. Repayment of Bonds The board may provide for the payment of the principal of and interest on the bonds by pledging all or any part of the district's revenues from the 9-1-1 emergency service fee or from other sources. Health and Safety Code, Chapter 772.300 Page 12 of 16 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.323. Additional Security for Bonds (a) The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties of the district and the rights appurtenant to those properties, vesting in the trustee power to sell the properties for payment of the indebtedness, power to operate the properties, and all other powers necessary for the further security of the bonds. (b) The trust indenture, regardless of the existence of the deed of trust or mortgage lien on the properties, may include provisions prescribed by the board for the secudty of the bonds and the preservation of the trust estate and may make provisions for investment of funds of the district. (c) A purchaser under a sale under the deed of trust or mortgage lien is the absolute owner of the properties and rights purchased and may maintain and operate them. Acts.1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.324. Form of Bonds (a) A district may issue its bonds in various series or issues. (b) Bonds may mature serially or otherwise not more than 25 years after their date of issue and shall bear interest at any rate permitted by state law. (c) A district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8, Business & Commerce Code, may be issued registrable as to principal or as to both principal and interest, and may be made redeemable before maturity, at the option of the district, or contain a mandatory redemption provision. (d) A district may issue its bonds in the form, denominations, and manner and under the terms, and the bonds shall be signed and executed, as provided by the board in the resolution or order authorizing their issuance. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.325. Provisions of Bonds (a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds and the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds and may make additional covenants with respect to the Health and Safety Code, Chapter 772.300 Page 13 of 16 bonds, the pledge revenues, and the operation and maintenance of any facilities the revenue of which is pledged. (b) The orders or resolutions of the board authorizing the issuance of bonds may also prohibit the further issuance of bonds or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued. (c) The orders or resolutions of the board issuing bonds may contain other previsions and covenants as the board may determine. (d) The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.326. Approval and Registration of Bonds (a) Bonds issued by a district must be submitted to the attorney general for examination. (b) If the attorney general finds that the bonds have been authorized in accordance with law, the attorney general shall approve them. On approval by the attorney general, the comptroller shall register the bonds. (c) After the approval and registration of bonds, the bonds are incontestable in any court or other forum for any reason and are valid and binding obligations according to their terms for all purposes. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.327. Refunding Bonds (a) A district may issue bonds to refund all or any part of its outstanding bonds, including matured but unpaid interest coupons. (b) Refunding bonds shall mature serially or otherwise not more than 25 years after their date of issue and shall bear interest at any rate or rates permitted by state law. (c) Refunding bonds may be payable from the same source as the bonds being refunded or from other sources. Health and Safety Code, Chapter 772,300 Page 14 of 16 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (d) The refunding bonds must be approved by the attorney general as provided by Section 772.326 and shall be registered by the comptroller on the surrender and cancellation of the bonds refunded. (e) The orders or resolutions authorizing the issuance of the refunding bonds may provide that they be sold and the proceeds deposited in the place or places at which the bonds being refunded are payable, in which case the refunding bonds may be issued before the cancellation of the bonds being refunded. If refunding bonds are issued before cancellation of the other bonds, an amount sufficient to pay the principal of the bonds being refunded and interest on those bonds accruing to their maturity dates or to their option dates if the bonds have been duly called for payment before maturity according to their terms shall be deposited in the place or places at which the bonds being refunded are payable. The comptroller shall register the refunding bonds without the surrender and cancellation of bonds being refunded. (f) A refunding may be accomplished in one or in several installment deliveries. Refunding bonds and their interest coupons are investment securities under Chapter 8, Business & Commerce Code. (g) In lieu of the method set forth in Subsections (a)-(f), a district may refund bonds, notes, or other obligations as provided by the general laws of this state. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.328. Bonds as Investments and Security for Deposits (a) District bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and loan association; (5) an insurance company; (6) 'a fiduciary; (7) a trustee; (8) a guardian; and Health and Safely Code, Chapter 772,300 Page 15 of 16 (9) a sinking fund of a municipality, county, school district, and other political subdivision of the state and other public funds of the state and its agencies, including the permanent school fund. (b) Distdct bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.329. Tax Status of Bonds Because a district created under this subchapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to the bonds, and profits made in the sale of the bonds are exempt from taxation by the state or by any municipality, county, special district, or other political subdivision of the state. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Health and Safety Code, Chapter 772,300 Page 16 of 16 RESOLUTION S:\Our Documents~Resolutions\02\Service Plan Resolution.doc RESOLUTION NO. /~d¢O~-- 0~¢~ ¢ A RESOLUTION PROVIDING FOR THE APPROVAL OF THE SERVICE PLAN AND PROPOSED TAX RATE AS PREVIOUSLY APPROVED BY THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, is a municipal corporation duly and legally formed in the State of Texas; and WHEREAS, the City is a home role city with specific powers to protect the health, safety and general welfare of its citizens; and WHEREAS, the Denton County Transportation Authority ("Authority") was authorized by passage of House Bill 3323 by the 77th Texas Legislature (Acts of May 25, 2001, 77th Leg., R.S., elf. Sept. 1, 2001); and WHEREAS, the Authority was by Resolution of the Denton County Commissioners Court duly and legally Designated on October 16, 2001, having met all requirements of §460.053 TEX. TRANSPORTATION CODE; and WHEREAS, the Authority by action of the Interim Executive Committee did duly and legally adopt Resolution 04-02 on the 13th day of June 2002 providing for the approval of the transportation Service Plan and proposed tax rate for the County of Denton; and WHEREAS, a copy of the Service Plan and proposed tax rate has been provided to the governing body of the City of Denton; and WHEREAS, the City of Denton is a mtmicipal corporation incorporated under the laws of the State of Texas, and is not a member of a subregion of a transportation authority governed by a board described in Chapter 452, Subchapter O, TEX. TRANSPORTATION CODE; and WHEREAS, the City of Denton is a municipality with a population of 12,000 or more located in Denton County as documented by the "Annual Population Estimates" for municipalities published by the North Central Texas Council of Governments; and WHEREAS, the City of Denton appointed a person to represent the City on the Interim Executive Committee in accordance with the provisions of §460.054, TEX. TRANSPORTATION CODE; and WHEREAS, the governing body of the City of Denton does hereby entertain and consider this Resolution of Approval not later than the 60 days after the date Denton County Transportation Authority approved the Service Plan and proposed tax rate; and WHEREAS, the Service Plan and proposed tax rate approved by the Denton County Transportation Authority met all legal requirements, notices, hearings and other statutory criteria of §460.055, TEX. TRANSPORTATION CODE; AND WHEREAS, the Service Plan and proposed tax rate will only be implemented and levied in the City of Denton if a majority of votes received at the tax authorization election within the City of Denton favor the authorization of a tax levy by the Authority, as provided by §460.106, TEX. TRANSPORTATION CODE; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City of Denton finds all legal requirements of Chapter 460 TEX. TRANSPORTATION CODE relating to the adoption of the service plan and proposed tax rate have been met and further finds all statements set forth in the preamble of this resolution to be true and correct, and are adopted and incorporated herein for all purposes. SECTION 2: The City of Denton does hereby approve the service plan and proposed aA percent tax rate which are attached as Exhibit "A" hereto, and incorporated herein for all purposes. SECTION 3: A signed copy of this Resolution will be forwarded to the Denton County Transportation Authority and to the Commissioners Court of Denton County, Texas, thereby permitting the City of Denton to participate in the Service Plan and the confirmation election for the Authority as provided by §460.057, TEX. TRANSPORTATION CODE; SECTION 4: This Resolution shall be effective immediately on and after its adoption. The above Resolution ~O~-Oo~was adont~d by the _City Council of the City of Denton, Texas by a vote of '7 ' to ~ on the /(a~--g day of~, 2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L~c~J~.O!~TY, CITY.,~_TTORNEY Page 2 ~,The City Council of the City of Denton, Texas in acting on Resolution ~,d~0,~-0~ did on the/~day of (~zd~, ,2002 vote as follows: Euline Brock, Mayor Raymond Redmon, District 1 Jane Fulton, District 2 Michael Phillips, District 3 Perry McNeill, District 4 Bob Montgome~, Member at Large Mark Burroughs, Mayor Pro Tern AGAINST Page 3 DENTON COUNTY Transportation Authority Service Plan June 13, 2002 BRW TransportatiOn TABLE OF CONTENTS TABLE OF CONTENTS ........................................................................................................................ I LIST OF FIGURES ............................................................................................................................... I ACKNOWLEDGEMENTS .................................................................................................................... Il OVERVIEW ........................................................................................................................................ 1 Introduction .................................................................................................................................. 1 Purpose and Need ......................................................................................................................... 1 Goals, Guiding Principles, and Concepts ..................................................................................... 2 SERVICE PLAN .................................................................................................................................. 3 Regional Rail Plan ........................................................................................................................ 3 Park-and-Rides/Regional Rail and Bus Facilities ........................................................................ 9 Regional Connector Service ......................................................................................................... 9 Feeder and Local Bus Service .................................................................................................... l0 Demand Response Service ................................................................................. ~ ....................... 11 Local Assistance/Corridor Preservation ..................................................................................... 14 Short-Term Capital and Operating Costs ................................................................................... 14 Financing Plan ............................................................................................................................ 14 Recommended Sales Tax Rate ................................................................................................... 15 Phasing and Staging ................................................................................................................... 15 NEXT STEPS .................................................................................................................................... 16 BACKGROUND TECHNICAL REPORT .............................................................................................. 17 COMPLIANCE WITH LEGISLATION .................................................................................................. 17 LIST OF FIGURES FIGURE 1: REGIONAL RAIL - SEGMENT 1 ......................................................................................... 5 FIGURE 2: REGIONAL RAIL - SEGMENT 2 ......................................................................................... 6 FIGURE 3: REGIONAL RAIL - LONGER-TERM EXPANSION ALTERNATIVES ..................................... 8 FIGURE 4: PARK-AND-RIDES/REGIONAL RAIL AND BUS FACILITIES AND REGIONAL CONNECTOR SERVICE .................................................................................................................................. 10 FIGURE 5: FEEDER AND LOCAL BUS SERVICE ............................................................................... 12 FIGURE 6: DEMAND RESPONSE SERVICE .......................................................................................13 Denton C0unty ?:i~ Transportation Authori~. ~ '~ ~''' ~ ACKNOWLEDGEMENTS The URS consultant team wishes to thank the following individuals, whose hard work and countless hours of volunteer effort greatly contributed to the success of this project. Interim Executive Committee: Representing Large Cities with Populations Greater than 12,000: · Charles Emery, Lewisville, Chair (January 2002-present) · Van James, Flower Mound · Kelvin Knauf, Corinth · Mike Leavitt, Highland Village · Joe Roy, Denton · Tom Terrall, The Colony Representing Small Cities with Populations between 500 and 12,000: · George Purefoy, Frisco · Tom Spencer, Shady Shores · Bill Walker, Roanoke Representing Unincorporated Areas of Denton County: · Charles Correll, Argyle · Rick Salazar, Aubrey Representing Denton County At-Large: · Jason Pierce, Aubrey Former Chair: · Hon. Scott Armey, Denton, Chair October 2001-January 2002 Denton Count), Staff' Shala Geer Cheryl Hammons Denton County , : ~ TransportatiOn Agthori~y OVERVIEW Introduction House Bill 3323 was approved by the 77a' Texas Legislature and signed into law by the Governor in 2001. The law allows creation of a Coordinated County Transportation Authority in urban "collar" counties surrounding core counties with populations of 1,000,000 or more, which includes Denton County. The legislation requires that a Service Plan, an outline of the services that would be provided by an authority when confirmed by the voters, be developed by the Transportation Authority. The Denton County Commissioners Court initiated the process to form the Denton County Transportation Authority (DCTA) in October 2001. The commissioners court and large municipalities in the County (those with populations above 12,000) made appointments to the DCTA Interim Executive Committee (IEC); the remaining positions were selected by a vote of municipalities with populations between 500 and 12,000. This document represents the DCTA's proposal for transportation facilities, services, and funding options for the citizens of Denton County under the provisions of House Bill 3323. Purpose and Need The concept for a Denton County Transportation Authority was developed with several basic purposes in mind. The idea for the Authority arose primarily as a result of several issues that, while not unique to Denton County, are problems of major concern: · Denton County is forecast to experience unprecedented growth in the next two decades. According to the North Central Texas Council of Governments (NCTCOG), the County's population is anticipated to increase by 145 percent between now and 2025, compared to the entire North Central Texas region's projected growth rote of 67 percent. In addition, employment in the County is forecast to increase by 158 percent, compared to the 67 pement growth rate forecast for the entire region. · Highway congestion is also forecast to increase dramatically in Denton County. According to NCTCOG, 41 percent of all lane miles in Denton County will experience "severe peak period congestion" by 2010, and Denton County drivers will spend 40 pement of their travel time in congested traffic by 2010. · Finally, highway funding in Denton County is forecast to be unable to keep with demand to help reduce anticipated congestion. Regionwide, NCTCOG's Mobility 2025 report noted that the region will experience a $3.4 billion shortfall (the difference between what is needed and what is available in funding) in freeway and toll road funding between now and 2025. Denton County Transportation Aughori~ The Authority can provide Denton County with a method of addressing many of those short-term and long-range mobility and growth problems by: · Providing administrative mechanisms for implementing transportation improvements throughout the County; and · Creating a dependable funding base for transportation improvements. Additionally, once confmned by the voters, the authority may plan, design, and construct transportation improvements, including but not limited to: · Fixed guideway (commuter rail or light rail); · Bus transit and associated high-occupancy vehicle lanes; · Dedicated thoroughfare (high-occupancy vehicle) lanes; · High-occupancy toll lanes; and · Traffic management systems. Goals, Guiding Principles, and Concepts Service Plan Goals Four goals have been developed by the Interim Executive Committee to help focus the development of the Service Plan: 1. Improve transportation for the County and region; Maintain and improve Denton County's quality of life; 3. Contribute to air quality improvement; and 4. Promote economic development. Guiding Principles Six guiding principles have been used throughout the creation of the Denton County Transportation Authority Service Plan. 1. Provide maximum coverage; 2. Provide a moderate level of service depending on demand; 3. Promote maximum cost-effectiveness and opportunities for federal funding; 4. Focus on linkages between local service and regional bus and rail; 5. Focus on activity centers; and 6. Focus on future expansion of the transportation system as population and demand warrant. Service Plan Development Concepts and Trade-Offs A number of concepts were kept in mind as the Service Plan was developed: 1. There should be a mix of service concepts; 2. The Service Plan must be affordable; 3. The Service Plan should be flexible and able to adapt to changing conditions in the short-term and long-term; 4. The Service Plan should benefit the entire County; and 5. The Plan should maximize ridership. 2. As the Service Plan was developed, the Interim Executive Committee discussed a number of trade-offs. These trade-offs help ensure that the Service Plan is balanced demographically and fiscally. They include: 1. Providing maximum coverage vs. cost-effectiveness (cost per rider); 2. The extent of using passenger rail service as opposed to bus service; 3. The balance between serving transit-dependent riders vs. serving choice (new) transit riders; and 4. The emphasis on local service vs. regional service. SERVICE PLAN The Service Plan includes a rail component and three layers of bus service, including Regional Connector Service, Feeder/Local Routes and Demand Response Service, as well as a network of Park-and-Rides/Regional Rail and Bus Facilities to serve Denton County. Together, these elements provide some type of service to virtually every community in the County, helping to mitigate and improve many mobility issues immediately, as well as linking the County's larger cities to rail when that service is implemented. The DCTA plan recognizes that Denton County is part of the greater Dallas-Fort Worth region and respects the importance of its part as a component in the regional transportation system. In implementing the plan, DCTA will seek to work closely with Dallas Area Rapid Transit, the Fort Worth Transportation Authority, and the North Central Texas Council of Governments to make connections to regional services. Regional Rail Plan Overview Regional rail is the central element of the Denton County Transportation Authority's Service Plan. Initial rail service in Denton County can be implemented in conjunction with the opening of DART's Northwest Corridor to Frankford Road in North Carrollton in 2008, with future extensions to Denton and other key areas of the county as additional sales tax and other funding permits. Rail service is initially conceived as operating at 30-minute headways during peak periods and 60-minute headways during off-peak times and weekends. Vehicles The vehicle being considered for this service is "regional rail," a type of Diesel-Multiple Unit (DMU) vehicle. DMU's are self-propelled diesel-powered trains that operate in trainsets of one to three passenger cars. Newer generations of DMU's, called "regional rail" vehicles, are approaching light rail vehicles in service characteristics. For purposes of this Service Plan, the estimated capital cost for regional rail is $12 million per mile, similar to NCTCOG's regionwide per-mile cost for commuter rail. Denton County Proposed Short Term Service Segment One--Carrollton to Corinth/Hickor~ Creek/Lake Dallas This segment (see Figure 1) is approximately eleven miles long. This service would use the former Union Pacific (UP) right-of-way that runs generally parallel to 1-35E from North Carrollton to FM 2181 (Teasley Drive/Swisher Road) at the southern boundary of Corinth and the northern boundary of Hiakory Creek and Lake Dallas. The line would run from the DART Frankford Road LRT station to a proposed passenger rail station at 1-35E and FM 2181 to intercept commuters coming from the northern parts of Denton County. One advantage of extending the first operational segment to FM 2181 is allowing passengers to avoid the bottleneck of the Lake Lewisville bridge on IH 35E. Additional stations would be provided in downtown Lewisville east of 1-35E near the City's Old Town redevelopment area, and at the railroad's intersection with the SH-121 bypass on the south side of Lewisville. Estimated capital cost: $132 million. Segment Two--Extension to Denton This segment (approximately nine miles long) would provide for the extension of rail service to Denton. There are two options for this extension (see Figure 2). One option is to continue along the former Union Pacific railroad right of way into Downtown Denton from the end of Segment 1 at FM 2181. This would serve North Central Texas College and more of the County's population and would have a more logical terminus in the center of Downtown Denton. This segment of the line is now in use as a trail in the "Rails to Trails" program. The property is owned by the City of Denton, and DART owns the passenger rail operating rights for the former railroad right of way. The alternative option is to use the Kansas City Southern (KCS) railroad line just north of FM- 407. This would terminate west of downtown Denton near the University of North Texas (UNT) campus. There is also an opportunity to exit the KCS railroad corridor just south of Denton, and use the Union Pacific (UP) railroad right-of-way into downtown Denton. The exact alignment will be determined in a future alternatives analysis process. Any alternatives for this segment will consider impacts on adjacent properties before a final alignment decision is made. Estimated capital cost: $108 million. Denton County Transportation ~ut FIGURE 1: REGIONAL RAIL- SEGMENT 1 5 Denton County TransportatiOn Aut~Ori~ ~ ~ FIGURE 2: REGIONAL RAIL - SEGMENT 2 Denton County Proposed Longer-Term Expansion Alternatives Several corridors are proposed for potential implementation after Segments I and 2 of regional rail service (see Figure 3). At the appropriate time in the fnttre, the Authority will decide on which segments to prioritize for implementation. The proposed potential future expansion corridors are: Lewisville to DFW lnternational Airport This future line would follow the SH-121 alignment from South Lewisville to DFW Airport. Service on the line would interconnect to Denton and North Carrollton. This new segment would be approximately seven miles long and would be coordinated with DFW Airport's rail access plans on the northwest side of the Airport. While DART is considering the use of the Cotton Belt Railroad alignment from Downtown Carrollton to DFW Airport, this stand-alone alignment is proposed to provide direct one~seat rail access to the Airport for Denton County residents. Lewisville to Richardson (KCS railroad right-of-way) and Carrollton to The Colony/Frisco (BNSF railroad ri~ht-o£-wav) Future rail service to the east side of Dentun County will depend in part on the development of these two corridors. This will be one of the better opportunities to partner with neighboring counties or authorities to accelerate funding and development of services. Carrollton to Dallas (same seat service) This future segment will be explored at a time when technology is available to provide same-seat service from Denton to downtown Dallas. Denton to Fort Worth There are two possible alignments to serve this corridor between Denton and Fort Worth. The primary option is to use the UP railroad right-of-way that runs parallel to US-377. However, an alternative could use the 1-35W right-of-way. The exact alignment would be determined in a future alternatives analysis process. Other Expansion Alternatives · Denton to McKinney (US 380 right-of-way) · Lewisville to The Colony/Friseo/McKinney (SH 121 right-of-way) · South County Line through Justin, Ponder, Krum, and Sanger (BNSF railroad right-of-way) · Denton to Aubrey/Pilot Point COP railroad right-of-way) · Remaining Kansas City Southern line northwest of Denton (KCS railroad right-of-way) 7 DentonCountv ~: :; i~ v~ r ~i Transoortation Author~tw ~ ...... ~ .~, ~ ~ ~! ~ FIGURE J: REGIONAL RAIL - LONGER-TERM EXPANSION ALTERNATIVES Denton County Park-and-Rides/Regional Rail and Bus Facilities Regional Park-and-Rides/Regional Rail and Bus Facilities are recommended at 31 key locations countywide (see Figure 4). The Park-and-Ride transfer network is a key element to the Authority's success, as those sites will be the key transfer points for all of the other recommended services. The three photos below demonstrate the range of options for Park-and-Rides--from a shared lot at a regional shopping center, to a regional transit center with a covered waiting area, to a multi-level parking structure. Park-and-Ride facilities along the future rail corridors can be built to initially serve local and regional buses, but could later serve as Regional Rail Stations. If some Park-and-Ride locations can be shared with other commercial uses, those funds can go to help finance other transit related projects in the community. It must be stressed that no specific address locations are recommended at this time for these sites. Each individual community must work with the Authority and with local landowners to find a location that incorporates the Park-and-Ride facility into the rest of the area and provides convenient access for potential patrons. Land availability will also be an important element in deciding where these facilities are placed in each community. In addition, the location of major Park-and-Rides, especially those that are also designated as potential rail stations, will be subject to a future alternatives analysis process. The size assumptions used for the Park-and-Rides are for planning purposes only and will change as future studies am implemented. Regional Connector Service Regional Connector Service (see Figure 4) will focus on cost-effective regional connections to the Carrollton Park-and-Ride, Dallas Central Business District (CBD), DFW International Airport, Fort Worth CBD and Frisco. The Regional Connector Service will rely heavily on the Park-and-Ride lots along 1-35E and 1-35W, SH-121, as well as the transit hub in Denton. Headways for the Regional Service are recommended at 30-minutes during peak and 60-minutes during off-peak. Over-the-road coaches are recommended for the Regional Connector Service component of the plan, and buses will be able to use the HOV/Bus Lanes on 1-35E planned from Lewisville to the Dallas CBD. The Regional Connector Service is recommended as an interim measure in the corridors where rail service will be implemented. As rail service is introduced and expanded in the County, these routes will be discontinued or changed to provide additional feeder service into the rail lines. Denton County TranspOrtatiOn FIGURE 4: PARK-AND-RIDES/REGIONAL RAIL AND BUS FACILITIES AND REGIONAL CONNECTOR SERVICE 10 Denton:County Transportation Feeder and Local Bus Service Feeder and Local Bus service is also recommended for Denton County (see Figure 5). The service will become the key connector between the smaller communities in the periphery of the County with the larger cities and towns. The feeder and local routes will rely on the Park-and- Ride transfer points throughout the County for connections to other modes and services. These routes will also be a key element to the Regional Connector Bus Service through timed transfers. The Service is conceived to operate at 30-minute headways during peak periods and 60-minute headways during off-peak times. The City of Denton's LINK service will continue to operate, with possible additional routes to better serve the University of North Texas (UNT) and Texas Women's University (TWU), and an extended line to serve the North Central Texas College campus in Corinth. Local bus service is also recommended for Lewisville. The local routes were developed using 30-minute headways, consistent with the current LINK service. Small buses (20-30 passengers) are recommended for both the Feeder and Local Service. Demand Response Service Demand response service is currently available for elderly and disabled residents of Denton County through SPAN and the City of Denton. The current service will be expanded so that the general public will also be able to use the service. Because this service is required to give seniors and disabled residents mobility, it must be included in the plan. The expanded service will also give the transit-dependent and those who choose not to drive added mobility as well. The demand response service that is recommended for Denton County is made up of twelve zones (see Figure 6). Each zone will be served by one to three vans and can be expanded as demand warrants. The Demand Response zones will provide On-call service (one hour response time) similar to DART On Call, The T Rider Request, and LiNK Dial-a-Ride Zones. Each zone will be focused around at least one Park-and-Ride transfer point to provide access to the rest of the County and the region. Denton County ~"- ~ '~ Trans ~ FIGURE 5: FEEDER AND LOCAL BUS SERVICE Denton County Transportation A~thorlty ~'~:; .il FIGURE 6: DEMAND RESPONSE SERVICE Denton County ~. Transportation Authori~_ Local Assistance/Corridor Preservation The plan also recommends Local Assistance funding for communities to help facilitate the public transportation system, in addition to funding for corridor preservation for the travel corridors described earlier. Funding for the local assistance program would range between $1 million and $1.5 million annually. The Local Assistance program will allow communities to enhance the public transportation system through: · Roadway, intersection, and interchange improvements; · Ramp metering; · Intelligent Transportation System (ITS) improvements; · Ridesharing; · HOV lanes on arterials and freeways in selected areas; · Vanpools; · Environmental mitigation; and · Signalization upgrades. Short-Term Capital and Operating Costs Capital and operating costs have been developed for each of the recommended services for Denton County for the first 10 years of services. Capital and annual transit operating costs, assuming an aggressive funding scenario (see the "Financing Plan" section) are shown below. Note: the operating and maintenance costs shown do not include debt service. Regional Rail (Segments 1 & 2) $240.0 million $4.3 million Park-and-Ride $15.8 million N/A* Regional Connector Service $6.0 million $2.7 million Feeder/Local Bus $4.8 million $2.3 million Demand Response $1.3 million $1.5 million Local Assistance/Corridor Preservation $13.5 million N/A Total $ 281.4 million $10.8 million *Operating and maintenance costs for park-and-ride facilities are included in annual operating costs for transit elements Financing Plan In the planning effort, two 25-year plans were developed for consideration. The two scenarios for Authority funding are labeled "Conservative" and "Aggressive." The Conservative funding scenario assumes an across-the-board ¼-percent sales tax for all communities in Denton County eligible to participate. This results in a first-year sales tax intake of approximately $9 million. The Aggressive scenario also includes the across-the-board ¼- percent sales tax, but assumes that cities with populations above 12,000 contribute an extra ¼- percent increment of sales tax in return for extra services, as permitted by law. Cities currently eligible to contribute the additional sales tax include Denton, Lewisville, Corinth, Flower Mound, and Highland Village; in addition, The Colony is technically eligible under HB 3323 to contribute the extra ¼-percent sales tax but currently does not have the sales tax capacity to do so, though it may have such capacity in the future. Denton COunty : < ':~ , :i~ g- Economic growth is also important in developing the financing plan for Denton County. Denton County has seen significant sales tax growth over the past few years (an increase of 5-8 percent annually from 1998-2000). With the slowing of the economy in 2001 and 2002, it is assumed that this high growth rate in sales tax cannot be expected to sustain itself. Keeping that in mind, the project team has used an annual sales tax growth rate of 2.5 pement. It is important to note that this only accounts for population growth and does not account for inflation. Several other factors are important contributors to the financial analysis in support of the financial plan: · Debt service is included in both the Conservative and Aggressive scenarios. Debt financing of $188 million is included in the conservative scenario in two series of debt issuances beginning in years 1 and 9 of the overall plan. The Aggressive scenario includes $170 million in debt financing in one issuance series in years 1 through 6. · Federal funds are included in the financial plan in two ways. Formula funds (available to transit agencies based on population and ridership) are included at a growth rate of approximately 2.5 pement over 25 years. In addition, federal "new starts" funding for major transportation projects is included at approximately one-third the cost of all rail components of the plan. · Farebox revenues are included at different rates depending on the type of service provided. Using national standards, it is assumed that farebox revenues will pay for 50 pement of all regional connector bus operating costs, 25 percent of all feeder/local bus and demand-response operating costs, and 40 percent of all regional rail operating costs. The financial scenarios developed for this Service Plan are conceptual and preliminary in nature using a wide range of assumptions that may vary once the overall plan is implemented. The Service Plan, both proposed services and financial arrangements, may change in the future subject to modifications based on election results. Recommended Sales Tax Rate HB 3323 requires that the Service Plan recommend a proposed sales tax rate. This Service Plan proposes a lA percent uniform sales tax to support the authority's services. The Aggressive financial scenario is predicated on cities of 12,000 or more population contributing an additional lA-percent sales tax. HB 3323 states, "The imposition of an authority's sales and use tax must be approved at an election and may not be imposed in an area that has not confirmed the authority." As noted below in "Next Steps," the election to confirm the authority is planned for November 5, 2002; a later election is required to impose the sales tax. Phasing and Staging The two financial scenarios described above are directly related to a phasing and staging (or implementation) schedule for the Service Plan's various elements. The following tables describe the proposed implementation plan for the Service Plan using the Conservative financial scenario and the Aggressive scenario. The first year in the milestones shown below will be the year following voter approval of the sales tax to finance the Authority's services (note: these assumptions may change depending upon the number of entities that participate in the Authority). Denton County Trans MILESTONES USING CONSERVATIVE FINANCIAL SCENARIO 1 l~t half opens 1/3 open l~t half opens l't half opens 2 1/3 open 3 1/3 open 4 2"~ half opens 2~" half opens 2"a half opens 7 Segment 1 Opens 13 Segment 2 '/2 fleet replaced 'A fleet replaced ¼ fleet replaced Opens 16 ~ fleet replaced V2 fleet replaced 25 ~ fleet replaced ~ fleet replaced ~ fleet replaced MILESTONES USING AGGRESSIVE FINANCIAL SCENARIO I Entke system 1/3 open Entire system Entke system opens opens opens 2 lB open 3 lB open 5 Segment 1 Opens 7 Segment 2 Opens 10 13 Fleet replaced Fleet replaced Fleet replaced 25 Fleet replaced Fleet replaced Fleet replaced NEXT STEPS The Authority's Interim Executive Committee (IEC) approved this Service Plan on June 13, 2002. Before August 9, 2002, each of the city councils in communities with more than 12,000 population will consider a resolution to approve the Service Plan and proposed tax rate. In an election on November 5, 2002, Denton County voters will consider the confirmation of the Authority. If confirmed by the voters, the IEC becomes the DCTA Executive Committee. The Executive Committee will then refine the service plan and proposed finance plans to reflect voting results and request that Denton County cities schedule an election for approval of a sales tax to support development of the regional transportation services. Detailed planning and implementation of the system will begin following an affirmative vote to establish the sales tax. Denton County BACKGROUND TECHNICAL REPORT More detailed information on all aspects of the Service Plan is included in a separate document, Denton County Transportation Authority Service Plan Technical Report. COMPLIANCE WITH LEGISLATION HB 3323 specifies a number of issues for the Authority to consider as it developed its Service Plan. Those issues are aimed at ensuring that the Plan meets certain minimum requirements for service delivery, cost-effectiveness, and neighborhood compatibility. The table below lists those issues and specifies where in the Technical Report those issues are addressed. Regional thoroughfare plans 2. Traffic counts Listed in Section 2.3 Listed in Section 2.3 3. Feasible alternative modes Section 3 lists all potential modes 4. Location of collection and transfer points 5. Alternative routes linking access and discharge points 6. Alternative alignments using least populous areas if right-of-way acquisition is required 7. Estimates of capital expenditures 8. Costs and cost-effectiveness 9. Administrative overhead costs 10. Load factors (ridership) 11. Fare structure 12. Revenue from all sources 13. Cost per rider 14. Joint use of other transit systems 15. Segment revenue (profit-loss) analysis Section 4.2 details park-and-rides Section 4.2 details park-and-rides Section 4; alignments focus on highways and railroads, minimizing right-of-way needs Section 4.7 lists capital costs Discussed in Section 5 and Appendix Section 4.7 discusses operating costs; administrative costs are part of that factor Section 4.8; NCTCOG trip tables were used to determine ridership estimates Section 5.1 discusses farebox recovery assumptions for each element Financial plan in Section 5.1 Appendix 2 analyzes cost per rider Joint use to be negotiated on a case-by-case basis; financial plan assumes costs and revenues regardless of which entity administers Section 5.1 discusses farebox recovery assumptions for each element RESOLUTION RESOLUTION NO. ~)a~- ~7~ ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2003 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2003 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on June 28, 2002; 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 expenditure, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council, pursuant to Article 6.06 of the Texas Tax Code, approves the 2003 proposed budget of the Denton Central Appraisal District. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~-~-/~ day of ~Jd(,/fd,/~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~ ~VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION S:\Our Documents\Resolufions\02~nominate central appraisal district.doc RESOLm ONNO. A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a vacancy exists for the Board of Directors of the Denton Central Appraisal District; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby nominates ~h./~/~.5 .5'/td~.~.Fd as a me-tuber to the Board of Directors of the Denton Central Appraisal District for the remiining term and expiring December, 2003. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ ~ day of (/'~-~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HE~ERT L. PROUTY, CITY ATTO~Y BY: RESOLUTION RESOLUTION NO. 4~t57~,~-~.~ ~ RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS IN THE TXU LONE STAR PIPELINE REQUEST TO ESTABLISH RATES, GUD DOCKET NO. 9304; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF RATE CASE EXPENSES INCURRED BY THE CITY; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on May 8, 2002, TXU Lone Star Pipeline (TXU LSP) filed a request at the Railroad Commission of Texas, GUD Docket No. 9304, to increase directly the rates of TXU LSP customers and indirectly the rates of residential and commercial customers of TXU Gas residing within the City of Denton (City), Texas, and within other cities served by TXU Gas; and WHEREAS, TXU LSP is seeking to impose a surcharge related to expenditures for pipeline integrity and safety at an estimated cost of at least $15 million per year; and WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act (GURA); and WHEREAS, the City has a fiduciary responsibility to its citizen-gas customers to insure that the rates charged by public utilities do not exceed what is reasonable or necessary; and WHEREAS, the evaluation of TXU LSP's Application to Increase Rates requires the specialized expertise of lawyers and consultants who regularly practice before the Railroad Commission of Texas; and WHEREAS, pursuant to GURA, Section 103.022 a municipality is entitled to reimbursement of its reasonable rate case expenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. ~-~ · SECTION 2. The City is authorized to intervene at the Railroad Commission with regard to any matters at issue in GUD Docket No. 9304. SECTION 3. The City is authorized to join with other cities to form a steering committee of cities served by TXU Gas at the city gate in order to coordinate the efforts to ensure that ratepayers are not charged more than what is reasonable and necessary. The coalition of cities is known informally as the Association of TXU Municipalities (ATM). SECTION 4. Subject to the right to terminate employment at any time, the City of Denton hereby authorizes the Law Offices of Jim Boyle, PLLC to act as legal counsel and to work with the experts approved by the steering committee. SECTION 5. The City, in coordination with the steering committee, shall review the invoices of its consultants for reasonableness before submitting such invoices for reimbursement pursuant to Section 103.022 of GURA. SECTION 6. 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 provisions of the Texas Open Meetings Law, Tex. Gov't Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 7. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~(~/ ,2002. RO TEM ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2002; and WHEREAS, Section 772.306 of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to vote for a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby votes for Harlan Jefferson as a member to the Board of Managers of the Emergency Communication District of Denton County for a two year term to commence October 1, 2002. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~¢ dayof ~_.~'& ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: .~~;~ ~ RESOLUTION RESOLUTION NO. ~OOd~ ~/ RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT AMENDMENTS TO CHAPTER 418 THAT ALLOW THE GOVERNOR'S DMSION OF EMERGENCY MANAGEMENT TO PROVIDE TECHNICAL AND FINANCIAL TOOLS TO ASSIST MUNICIPAL GOVERNMENTS WITH IMPLEMENTING EMERGENCY MANAGEMENT PLANS AND SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 16-19, 2002 in Fort Worth, Texas; and WHEREAS, Since September 11, 2001 Homeland Security has become a matter of national and local concern; and WHEREAS, Legislation is pending in Congress on appropriations for Homeland Security; and WHEREAS, Legislation that coordinates anti-terrorism resources and legislation that supports the work of fi:ontline personnel working on homeland defense should be supported; and WHEREAS, The City of Denton requests TML to support amendments to Chapter 418 that allow the Governor's Division of Emergency Management to provide technical and fmancial tools to assist municipal government with implementing emergency management plans and services; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support amendments to Chapter 418 that allow the Governor's Division of Emergency Management to provide technical and financial tools to assist municipal government with implementing emergency management plans and services. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY day of ~ EULINE BROCK, MAYOR RESOLUTION RESOLUTION NO. ~-~3~ RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO CHAPTER 351 OF THE TEXAS TAX CODE CLARIFYING ~ USE OF HOTEL/MOTEL TAX FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 16-19, 2002, in Fort Worth, Texas; and WHEREAS, Chapter 351 of the Texas Tax Code states that revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry; and WHEREAS, the following subsection of Chapter 351 states that revenue derived ~om the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry; WHEREAS, these provision are being interpreted to place a special emphasis on the use of these funds to only support the hotel industry with a heads in beds requirement, that funds can only be used on activities that increase overnight stay; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support beneficial amendments to Chapter 351 of the Texas Tax Code clarifying the use of hotel/motel tax funds. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. 2002. PASSED AND APPROVED this the ~7~0~-5rt~ day of ~ , EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO. (~f/~'" f~ RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT BENEFICIAL AMENDMENTS TO THE TEXAS TRANSPORTATION CODE PROVISIONS CONCERNING COORDINATED TRANSPORTATION AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 16-19, 2002 in Fort Worth, Texas; and WHEREAS, Section 460.051, et seq., of the Texas Transportation Code authorizes the creation of an authority to provide public transportation and transportation- related services; and WHEREAS, the Denton County Transportation Authority was created by Resolution of the Denton County Commissioners Court duly and legally designated on October 16, 2001, having met all requirements of Section 460.053 of the Texas Transportation Code; and WHEREAS, the City of Denton approved the service plan and proposed tax rate and forwarded a signed copy of the resolution to the Denton County Transportation Authority and to the Commissioners Court of Denton County, Texas, thereby permitfmg the City of Denton to participate in the Service Plan and the confirmation election for the Authority as provided by Section 460.057 of the Texas Transportation Code; and WHEREAS, as a result of these actions, beneficial amendments may need to be made to Section 460.051 et seq. of the Texas Transportation Code that were not contemplated when the original legislation passed; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support legislation supporting beneficial amendments to the Texas Transportation Code provisions concerning Coordinated Transportation Authorities. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO./~,~0~- 0~¢ / A RESOLUTION ALLOWING MI CASITA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON SEPTEMBER 28, 2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO. EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Fuego Y Alma; and WHEREAS, Matt Kohaneani doing business as Mi Casita (called "Mi Casita") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on September 28, 2002; and WHEREAS, the Parks and Recreation Board has recommended that Mi Casita be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Mi Casita shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on September 28, 2002 at the Civic Center Park upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; · They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance from a responsible carder, with the City as an additional insured, in the amount of $500,000.00. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. SECTION 2. The City Manager or his designee is author/zed to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. ~/ PASSED AND APPROVED this the ~'/~ day or--J, 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BE~UT~ITY ATTORNEY S:\Our Documen ts~q. esolutions\02~Fu ego Y Alma alcohol sell.doc CIVIC CENTER AGREEMENT FOR THE FUEGO Y ALMA CELEBRATION STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this c5,~'~- day of ~9--~2~/L~, 2002, by and between the hereinafter referred to as the "CITY" and Matt City of Denton, a municipal corporation, · t Kohaneani doing business as Mi Casita (called "Mi Casita "). WlTNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to Mi Casita the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on September 28, 2002, to be held at the Civic Center Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the Fuego Y Alma celebration set for the year 2002. ARTICLE 2 SCOPE OF SERVICES Mi Casita in order to exercise the privilege to sell alcoholic beverages must perform the following: Mi Casita shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Fuego Y Alma Celebration. Mi Casita shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. Mi Casita shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Fuego Y Alma Celebration. Mi Casita's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 3 LOCAL RULES AND REGULATION Mi Casita agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. Mi Casita shall pay all taxes, if any, of every nature and description arising out of or in any manner cormeeted with the sale of alcoholic beverages. Mi Casita will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 4 INDEMNITY AGREEMENT Mi Casita shall indemnify and save and hold harmless the CITY and its officers, agents, and employees fi:om and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of Mi Casita or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, Mi Casita shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carders of at least an A- or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. Mi Casita shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and Mi Casita. In such event, Fuego Y Alma Celebration Agreement - Page 2 Mi Casita shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To Mi Casita: To CITY: Mi Casita: Matt Kohaneani 110 N. Carroll Blvd. Denton, Texas 76201 (940) 891-1932 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and ] exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Fuego Y Alma Celebration Agreement- Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, Mi Casita shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL Mi Casita represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY Mi Casita shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. A~tg~72 Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Fuego Y Alma Celebration Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and Mi Casita ,has executed this Agreement through its duly authorized undersigned officer on this the ,~ day of u.~'~-~.f , 2002. ' CITY OF DENTON, TEXAS MICHAEL~~MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY Mi Casita · WITNESS: BY: Fuego Y Alma Celebration Agreement - Page 5 EXHIBIT A / A RESOLUTION ALLOWING MI CASITA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FLTEGO Y ALMA ON SEPTEMBER 28, 2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT 1N CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Fuego Y Alma; and WHEREAS, Matt Kohaneani doing business as Mi Casita (called "Mi Casita") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on September 28, 2002; and WHEREAS, the Parks and Recreation Board has recommended that Mi Casita be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Mi Casita shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on September 28, 2002 at the Civic Center Park upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; · They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance from a responsible carder, with the City as an additional insured, in the amount of $500,000.00. Agrees to indemn/fy the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED PPROWD sthe dayof ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~esolutions\02~Fuego Y Alma alcohol sell.doc RESOLUTION RESOLUTION NO. (~00~-- 0'~--,~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING THE NEPOTISM POLICY OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a nepotism policy for city employees to ensure equity and propriety in the employment of its employees; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding employee rules and regulations concerning the nepotism policy; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 102.08 "Nepotism" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy 102.08. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval.. PASSED ANDAPPROVEDthisthe~dayof C~F)~/7~v/~/~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CIq~Y SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON PAGE 1 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 102.08 SUBJECT: EMPLOYEE APPOINTMENT IlqlTIAL EFFECTIVE DATE: 10-31-84 TITLE: NEPOTISM LAST REVISION DATE: 09/03/2002 POLICY STATEMENT: The City of Denton shall not contribute through employment, in-house advancement or transfer process, to the creation of any inequity or impropriety among its employees. City Charter, Section 14.05 states: "No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the City Council within the second degree of affinity or the third degree of consangu'mity, and this shall apply to heads of departments in their respective departments." In a department comprised of more than one operational division, an applicant related within the second degree of affinity or within the third degree of consanguinity to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant for a job in a department consisting of one operational division who is related within the second degree of affinity and the third degree of consanguinity to an employee of the department will not be eligible for employment in that department. An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship of other employees within that operational division, as long as the period of employment does not exceed 120 days within a twelve month period. An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the second degree of affinity or the th/rd degree of consanguinity to any member of the board. ADMINISTRATIVE PROCEDURE: For the purposes of this policy, the following shall constitute familial relationships: A. Consanguinity (Blood Relationships) 1 st Degree Mother Father Son Daughter HR/POLICY/I02.08ProposedDra~ PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: NEPOTISM REFERENCE NUMBER: 102.08 2nd Degree Brother Sister Grandfather Grandmother Grandson Granddaughter 3rd Degree Great grandson Great granddaughter Great grandfather Great grandmother Uncle (your mother's or father's brother) Aunt (your mother's or father's sister) Nephew (your brother's or sister's son) Niece (your brother's or sister's daughter) B. Affinity (Marriage Relationships) 1 st Degree Spouse Step-children Mother-in-law Father-in-law Son-in-law Daughter-in-law 2nd Degree Brother-in-law Sister-in-law Grandfather-in-law Grandmother-in-law Grandson-in-law Granddaughter-in-law HPJPOLICY/lO2.08ProposedDraft PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: NEPOTISM REFERENCE NUMBER: 102.08 IV. "Operational divisions" within a department will be determined by that department's organizational chart and are not necessarily equivalent to a department's budgetary divisions. An applicant shall be required to list all relatives related within the third degree of consanguinity and within the second degree of affinity who are employed by the City or serving on a board or commission on his or her apphcation for employment. Failure of an applicant to list all applicable relatives employed the City or serving on a board or commission shall result in the disqualification of the applicant for which he or she has applied. No current employee may be appointed or promoted to any supervisor's span of responsibitity who is related within the second degree of affinity or the third degree of consanguinity to that supervisor. V. hi the event of promotion or marriage between two City employees, the following shall apply: If the affected employees are employed in different departments or different operational divisions of a department, those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. At the discretion of the department director, married employees may remain and work in the same division or department provided that one is not directly reporting to the other and neither is in the same chain of command. The affected employees may report to the same director. If however, the affected employees are unable to meet these criteria, then one must seek a transfer to another division of that department or another department._ This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which he is qualified but cannot remain in the existing division for more than six (6) months. Qualifications being equal, the transferring employee shall be given preferential treatment. If a suitable position cannot be found by the end of this period, one of the two must terminate or be subject to reassignment if another position is available. Reassignment is subject to the discretion of the City Manager and the individual's skills and qualifications. VI. BOARDS AND COMMISSIONS If employee is already employed with the City of Denton, then the employee is not required to transfer or resign upon the appointment of a relative to a board or commission. However, an applicant of a relative of an existing board member or member of a commission is not eligible for employment in the operational division, which serves as the liaison to the board or commission. If the City institutes a reorganization that changes operational divisional or departmental boundaries, and an employee would then be working within the same operational division as, or supervising, a member of his/her immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arrange a transfer may be extended in 30- HPJPOL[CY/102.08Proposed Draft PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: NEPOTISM I REFERENCE NUMBER: 102.08 day increments with the approval of the City Manager, the department director, and the supervisor. The extension shall not exceed 90 calendar days. Ifa transfer is not possible, one of the employees will be subject to mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. For purposes of definition, immediate family applies to the second degree of consanguinity and to the second degree of Temporary and seasonal employees of the City of Denton shall be partially exempt in that two or more members of the same family who are related within the second degree of affmity and third degree of consanguin/ty may be employed within the same operational division as long as the following apply: A. No more than one of the related employees may be a regular (non-temporary and non- seasonal) employee of the operational division. The related employees may not be in a direct reporting relationship with each other, a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other; and, C. The temporary and seasonal employees may not be employed by the operational division for a period lasting longer than 120 calendar days within a twelve-month period. HR/POLICY/102.08Proposed Draft RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING THE DISCIPLINARY APPEAL POLICY OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a disciplinary hearing policy for city employees to allow appeals of certain disciplinary actions under certain conditions; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding employee roles and regulations concerning the disciplinary appeal process; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 109.03 "Disciplinary Appeal" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Dznton, Texas, and replaces former policy 109.03. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval.. PASSED AND APPROVED this the ~.~day of~ 2002 EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~J~)~D ;S TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON PAGE1 OF4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 109.03 SUBJECT: DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE: 11/08/96 TITLE: DISCIPLINARY APPEAL LAST REVISION DATE: 09/03/02 POLICY STATEMENT: It is the policy of the City of Denton to give individual employees an opportunity for an appeal regarding disciplinary dismissal, disciplinary suspensions or demotions when they believe that a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct for which ,he/she has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity. Disciplinary appeals are considered according to prescribed guidelines as set forth in the following "Administrative Procedures". The disciplinary appeal process is designed to afford the employee a responsive forum to guard against biased or arbitrary decisions; however, nothing in this policy shall be construed as a grant to any employee of a property right in tenured public employment. All employees are employed strictly on an at-will basis. Temporary employees, seasonal employees, contract employees, the City Manager, the City Attorney, Municipal Judge, Assistant Judges and those employees governed by the provisions of Chapter 143 of the Texas Local Government Code are exempt from this policy, unless specifically stated otherwise herein. However, an opportunity for a response and appeal shall be afforded such employees when they believe that a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct charged constitutes the exercise of a constitutional right or a statutorily protected activity. ADMINISTRATIVE PROCEDURES: I. GENERAL DISCIPLINARY APPEAL INFORMATION A. Since it is important that disciplinary appeals be resolved as rapidly as possible, time limits, as set out in the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process. However, the limits may be extended or shortened at any or all steps if both parties agree in writing. In the event either party cannot agree, the Director of Human Resources shall have the discretion to shorten or extend the time limits. In the event the last day of a time limit falls on a weekend or a City holiday, in the cas e of a time limit based upon calendar days, the time limit shall include the next working day. In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and ItPdPOLICY/109.03 PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY REVIEW HEARING REFERENCE NUMBER: 109.03 City holidays) in arriving at the length of the time interval. Under no circumstances shall any failure to meet any time limit affect the validity or finality of event for which a hearing is sought. A disciplinary appeal not responded to within the time limits prescribed by the appropriate representative at each step shall be considered a violation of this policy for which the representative may be subject to disciplinary action. C. All requests for a disciplinary appeal must be in writing and must be filed with the Human Resources Department. An employee who requests a disciplinary appeal must inform the Human Resources Department in writing of his/her correct mailing address and telephone number. Failure to provide current mailing address and telephone information may result in administrative closure of the disciplinary appeal. II. APPEAL PROCESS An employee who has been demoted involuntarily, suspended without pay or dismissed may request a disciplinary appeal to be conducted by an Assistant City Manager or department Director. ("Dismissed" means that an employee has been involuntarily terminated and does not include resignations.) The employee must make the request for the disciplinary appeal in writing within 10 business days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or the employee believes that the conduct for which he/she has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity. The employee should also identify those persons whom the employee believes have knowledge of facts relevant to the matter being appealed. If the request for a disciplinary appeal fails to contain the reason for the appeal or any facts to support the reason for the appeal, the Director of Human Resources may refuse the request for appeal. The Director of Human Resources or Human Resources designee will appoint the Appeal Official. The Director of Human Resources or designee will not assign an Assistant City Manager or department Director if he/she played a role in the disciplinary action from which the employee's complaint arose. An Assistant City Manager or department Director shall be presumed to have played a role in the disciplinary action if he/she: HR/POLICY/109.03 PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY REVIEW HEARING REFERENCE NUMBER: 109.03 1. Discussed the details of the proposed disciplinary action with the employee or any supervisor in the chain of command; 2. Approved the disciplinary action; or 3. Personally imposed the disciplinary action. Nothing shall prevent an Assistant City Manager or a Director of the City from acting as the appeal officer for an employee's appeal if he/she has merely been informed of the type of disciplinary action imposed against the employee. If the employee requesting the appeal or the employee's supervisor object to the appointed Appeal Official because he/she believes that the appointed appeal official is biased, he/she must submit a written objection to the Director of Human Resources within three business days of the date of the letter giving notice of the appointment. Any written objection must contain specific facts upon which the objection is based. It is not sufficient objection that the appointed Appeal Official is an employee of the City of Denton. Within five business days of receiving the objection, the Director of Human Resources will determine whether the objection will be sustained based upon the written reasons in the objection--although the Director of Human Resources may seek clarification of those facts from the appointed Appeal Official. Should the Director of Human Resources sustain the objection, the Director of Human Resources will either appoint a different Appeal Official (to which either the appealing employee or the employee's supervisor may again object in writing within three business days) or the Director of Human Resources may submit a list of three proposed appeal officials to which each party (the appealing employee or the employee's supervisor) may object to one name and the Director of Human Resources will select an Appeal Official from the names without objections. It is within the Director of Human Resources' discretion as to which method is used for the appointment of an Appeal Official. When an objection is made to an Appeal Official, the thirty calendar days by which an Appeal Official must conduct a review and investigation into the employee!s appeal, as described below, will be suspended for the length of time it takes for the Director of Human Resources to determine the objection or appoint another Appeal Official. The Appeal Official will conduct a review and investigation into the employee's appeal within 30 calendar days of the employee's request for an appeal, unless an extension is agreed upon by both parties as described in this policy or unless an objection is made to the Appeal Official as described above. In addition to reviewing the employee's written appeal and documentation relevant to the discipline, the Appeal Official may conduct interviews of witnesses or persons with knowledge relevant to the appeal. As part of the review process, HR/POLICY/109.03 PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DISCIPLINARY REVIEW HEARING REFERENCE NUMBER: 109.03 the Appeal Official may or may not require a face-to-face meeting between the employee filing the appeal and the supervisor who recommended the discipline being appealed. Upon conclusion of the investigation of the appeal, the Appeal Official will make a recommendation to the City Manager and a final action will be concluded within ten (10) business days. The City Manager may accept the recommendation; reject the recommendation; or accept the recommendation with modifications. The City Manager's acceptance or rejection of the recommendation is the final decision on the appeal. After the City Manager has either accepted the recommendation (with or without modifications) or rejected the recommendation, the Appeal Official will communicate the fmal decision in writing to the employee, the employee's supervisor and others with the need to know in the chain of command. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated, no particular burden of proof need be met to sustain a termination or disciplinary sanction. III. REMOVAL HEARINGS FOR OFFICERS AND DEPARTMENT HEADS: A. As an alternative to the procedures otherwise allowed by this policy, officers and department heads may request a hearing in the event of their removal as provided by Charter. B. As all employees are employed strictly on an at-will basis, no particular burden of proof need be met to sustain a termination. C. Officers and department heads may request a hearing pursuant to the provisions outlined in Sections II relating to the imposition of disciplinary actions not constituting removal. If employee is at Director level or above, the City Manager shall serve as the Hearing Officer. In the event that the hearing concerns the employee's removal, the employee may instead request a hearing before the City Council pursuant to the City's Charter (§5.03(a)). Such a hearing before the City Council is not constrained by the stricture of this policy. ItP./POLICY/109.03 RESOLUTION RESOLUTION NO. fi~0~-- ~ 7 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING MILITARY SERVICE LEAVE POLICY OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a military service leave policy for city employees who participate in the military service during employment; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding employee roles and regulations concerning the military service leave policy; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 111.04 "Military Service Leave" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and ineo~orated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy 111.04. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ~/F-~day of (~g~)~tr~¢~t~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~O¢~D A/AS-TO ~E;2 F~RM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON PAOE oF4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 111.04 SUBJECT: APPROVED LEAVE INITIAL EFFECTIVE DATE: 07/01/86 TITLE: MILITARY SERVICE LEAVE LAST REVISION DATE: 09/03/02 POLICY STATEMENT: It is the policy of the City of Denton to provide authorized leave of absence for all regular full-time employees who participate in the United States Armed Forces, State Military Forces or National Guards tour of military duty in compliance with all relevant federal and Texas laws. Further, it is the intent of the City of Denton to recognize the public policy interest in supporting the United States Armed Forces, State Military Forces and National Guards during times when the President of the United States shall by Executive Order effect the involuntary activation of military reserve personnel to support and defend the United States' interests at home and abroad. To that end, the City of Denton may provide benefits in excess of the legal Ininimums set forth in federal and Texas laws to its employees who are subject to involuntary reserve activations as set forth in the administrative procedures to this policy. ADMINISTRATIVE PROCEDURES: It is the intent of the City to comply with all conditions and requirements of federal and Texas laws now existing, and/or as may be amended. I. ACCRUAL There is no accrual of military leave. Up to fifteen (15) paid days, per fiscal year, of military leave is available for use as required by Law. Unused military leave will not be paid out at the time of separation. B. The City has no obligation to pay an employee on military leave for training days that occur on a regular day off or outside of work time. A supervisor who has an employee using military leave has no obligation to change the work schedule so that the employee receives a full forty (40) hours of work (for example, if an employee's normal schedule is 8 to 5 Monday through Friday and the employee must miss Friday due to military duty, the supervisor does not have to let the employee work additional hours to make up the time). All employees using military leave should make arrangements for the disbursement of any pay received from the City during their absence. This is the responsibility of the employee and no funds will be released without proper authorization. HR/POLICY/111.04 PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER: 111.04 II. PROCEDURES FOR REQUESTING LEAVE All participating employees must submit written requests for the specified duration of the leave and, if available, copies of the written orders to their immediate supervisor within 72 hours after the employee requests/volunteers for annual military duty or upon receipt of orders, whichever occurs first. Military Leave for all civil service employees will be afforded in accordance with Texas Local Government Code § 143.072. Civil service employees must submit written notification for active military duty, excluding weekend or reserve duty drill, to the Civil Service Commission. The written notification will be included in the employee's personnel file as a matter of record and will specify that return to full employment status without loss of seniority is afforded by Vernon's Texas Local Government Code § 143.072. On occasions where advance notice is not possible, an employee will be required to submit either a copy of official orders or another form of official documentation for the time period away from work as soon as possible, but no later than upon the employee's return to work. The supervisor may seek verification of any military leave used. Upon receipt of a request for leave, the employee's supervisor will complete a status report indicating the length and type of military service leave and forward the status report along with a copy of the leave request and military orders to the Human Resources deparmaent. III.SHORT TERM MILITARY SERVICE LEAVE Short-term military service leaves are defined as military service not exceeding 15 calendar days per year. Upon approval of the military leave, the employee will receive his/her normal gross salary for the pay period in which the absence occurs, up to 15 days. If military leave extends beyond 15 days, the employee must submit a separate request for extended military service leave. B. An employee will continue to accrue leave benefits during the approved short-term military leave IV. EXTENDED MILITARY SERVICE LEAVE Extended military service tours of duty are defined as any military tours that will require an employee to be absent from work longer than the amount of time designated in administrative procedures for Short Term Military Service Leave, IlL HPJPOLICY/lll.04 PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ITITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER: 111.04 All leave days beyond the initial yearly fifteen (15) days per the Short Term Military Service Leave may be paid, at the employee's discretion, using accrued Vacation time or Compensatory time for non-exempt employees. Accrued sick leave may not be substituted. The employee may also choose to take the remaining duty days as unpaid. The City will continue to pay for the employee's health insurance, long-term disability insurance and life insurance while the employee is on extended military service leave. If the employee elects not to use accrued Vacation or Compensatory time after the first fifteen days of Short Term Military Service Leave, or if the employee exhausts all accrued Vacation or Compensatory time while on extended military service leave, it will be the employee's responsibility to make arrangements for the payment of any additional benefits that are typically paid by voluntary deduction(s) from the employee's pay. If the employee fails to pay for elected benefits within thirty (30) days of the payment due date, the benefit will be canceled effective the paid through date. C. An employee will continue to accrue leave benefits while on paid leave, but will not d o so if he/she chooses to take the leave as unpaid leave. V. INVOLUNTARY RESERVE ACTIVATION Involuntary reserve activation is defined as being called to active duty (order to active tour of duty) and does not include voluntary activation. In the case of involuntary reserve activation (an order to active tour of duty), the City will, for the period of one year (12 consecutive months) or less, pay partial salary to the activated employee during this tour of duty. This payout will be the difference between the reservist's military pay and his/her salary at the time of the involuntary activation. In the case of involuntary reserve activation, the City will continue to pay for those benefits for which the City would pay if the employee were working (i.e., appiicable health insurance, long-term disability insurance, and life insurance). An employee may elect to continue coverage for employee paid benefits (such as spouse or family health insurance, vision insurance, dental insurance, short-term disability, etc). If the employee elects to continue coverage for employee paid benefits, the amounts for the coverage will be deducted from the partial salary paid pursuant to paragraph A, supra. If the partial salary is not sufficient or if the employee's involuntary reactivation extends for more than twelve months, the employee will be responsible for making arrangements for the full payment of the employee elected benefits. If the employee fails to pay for elected benefits within thirty (30) days of the payment due date, the benefit will be canceled effective the paid through date. HR/POLICY/111.04 PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER: 111.04 C. There will be no continued accrual of leave benefits when partial salary pay begins. D. The reservist will be required to supply a written copy of military orders whenever available and monthly copies of pay stubs to activate and maintain this pay out. E. If the reservist's active duty extends beyond twelve (12) consecutive months, pay status will revert to Extended Military Leave. F. Upon the employee's return to active employment with the City of Denton, the employee will be required to provide proof that the employee's discharge from active duty was anything other than a dishonorable discharge. HR/POLICY/111.04 RESOLUTION \\Ch-as\VOLl ~hared\dept~fin~Agenda Item Shared~September 2002~September 3~Adopting CIPB-RES Adopting CIP.doe RESOLUTION NO. ~00~'~ ~ ~¢ A RESOLUTION ADOPTING THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC UTILITIES BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 26th day of June, 2002, the Planning and Zoning Commission rec- ommended the general government capital improvements to be constructed during the forthcom- ing year; and WHEREAS, on the 17th day of June, 2002, the Public Utilities Board recommended the utility capital improvements to be constructed during the forthcoming year; and WHEREAS, the City Manager furnished a copy of the recommendations to the City Council on July 31, 2002; and WHEREAS, all of the above actions 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 recommendations of the Planning and Zoning Commission and Public Utilities Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Council approves the list of capital improvements proposed to be eon- strutted during the forthcoming year, which is attached hereto and incorporated herein and made a part of this resolution for all purposes. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ffr,.v~,~ __dayof ?r e 2002. ATTEST: JENNIFER W ~ALTERS; CgrY SECRETARY HERBE~~U~/~TY ATTORNEY EULINE BROCK, MAYOR o o !~ o o o ~m2m ~E E m._o 6 ~ .- .- o~._ E mow ~' o ~ oo ~ ~ ~° RESOLUTION I~SOLUTION NO. ~ad00~a A I~SOLUTION OF THE CITY OF DENTON, TEXAS APPROVING TI-I~ APPOINTlVI~NT OF TIlE RESERVE POLICE OFFICERS LISTED IN TIlE RESOLUTION. WHEREAS, Section 341.012 of the Texas Local Government Code requires that the City Council approve persons appointed to the Police Reserve Force before those persons may carry a weapon or otherwise act as a peace officer; and WI-I~REAS, the City Council deems it to be in the best interests of the public safety and security of the citizens of Denton to authorize members of the Police Reserve Force to exercise the full authority allowed by statute; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The following members of the Police Reserve Force are hereby approved: Robert Beadle Charles Beavers Art Behrens Sarah Blair Terry Collins Mark Courson Ron Hull Mike Hupp Lin Jones Doug Kriese Chuck Kull Paul Leslie Kirby Lord Mitch Manning Wes McBride Mike Quintero Dale Russell SECTION 2. The members of the Police Reserve Force approved in Section I may carry weapons only when authorized by the Chief of Police and when discharging official duties as duly constituted peace officers. SECTION 3. approval. This Resolution shall be effective immediately upon its passage and PASSED AND APPROVED this the /~77~ day of ~>~9 ~~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION R~SOLUTION NO. ~- 0~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO FACILITATE PUBLIC AWARENESS AND EDUCATION OPPORTUNITIES TO REDUCE LITTERING AND ILLEGAL DUMPING; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON 1N ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation the COG's adopted regional solid waste management plan; and WHEREAS, the City of Denton is qualified to apply for project funds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton in all matters related to the project application for a project to facilitate public awareness and education opportunities to reduce littering and illegal dumping and any subsequent project contract and project that may result. SECTION 2. If the project is funded, the City of Denton will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. The activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. Page 1 SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED this the /7 ~ -- day of ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON' S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO REDUCE THE NUMBER OF ILLEGAL DUMP SITES AND EXPAND CLEAN-UP EVENTS THROUGH PUBLIC AND PRIVATE PARTNERSHIPS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation the COG's adopted regional solid waste management plan; and WHEREAS, the City of Denton is qualified to apply for project rinds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton in all matters related to the project application for a project to reduce the number of illegal dump sites and expand clean-up events through public and private parmerships and any subsequent project contract and project that may result. SECTION 2. If the project is funded, the City of Denton will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. The activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. P~el SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED this the /tT~dayof ~5~rfi{~(..~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESOLUTION NO. /~)~ - ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation ofinterlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes to participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas-Ft. Worth North Texas area for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the City of Denton and other local law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the Greater Dallas- Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Manager is hereby authorized to execute the attached "Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement." SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APeROVED on this the /~'~ dayof ~70~2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 GREATER DALLAS-FORT WORTH REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT 1. Preamble: WHEREAS, the governmental entities which are parties to this agreement desire to form a law enforcement mutual aid task force to cooperate in the investigation of criminal activity; enforcement of the laws of this State; and, to protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force and violence or threatened violence by groups of three or more persons; and, WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorizes local government entities to enter into Interlocal Contracts and Section 362.002 of the Texas Local Government Code specifically authorizes Mutual Aid Task Force agreements such as this agreement; NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this Agreement upon the following terms: 2. Definitions: The following terms shall have the following meanings when used in this Agreement: "Law Enforcement Officer" means any commissioned peace officer as defined under the Texas Code of Criminal Procedure. "Member" means any local government entity, including the Dallas-Fort Worth International Airport Board (hereinafter "DFW Airport"), which is a party to this Agreement. "Chief Law Enforcement Officer" means the Chief of Police or the Director of Public Safety ora municipality or DFW Airport, or the Sheriff of a County. "Requesting Member" means a member who requests law enforcement assistance from another member under this Agreement. "Responding member" means a member to whom a request for assistance is directed by a requesting member under this Agreement. DFW Regional Mut. Aid Agreement - Page 1 3. Name: The members hereby form a mutual aid law enfomement task force to be named the Greater Dallas-Forth Worth Regional Law Enforcement Mutual Aid Task Force (hereinafter "Task Force"). 4. Purpose: The purpose of the Task Fome is to cooperate in the investigation of criminal activity; enforcement of the laws of this State; and, to protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force, and violence or threatened violence by groups of three or more persons. 5. Request for Assistance: Any request for assistance under this Agreement shall, when reasonably possible, include a statement of the amount and type of equipment and number of law enforcement personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched. However, the amount and type of equipment and number of personnel actually furnished by a responding member shall be determined by the responding member's chief law enforcement officer or his designee. 6. Response to Request for Assistance: Responding members will assign law enforcement officers to perform law enforcement duties outside the responding member's territorial limits, but within the territorial limits of a requesting member, subject to the responding member's determination of availability of personnel and discretion when: A. Such assignment is requested by the chief law enforcement officer or his designee, of a requesting member, and B. The chief law enforcement officer, or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to fulfill the purposes of this agreement in providing police protection and services within the territorial limits of the requesting member. 7. Operational control: All personnel of the responding member shall report to the requesting member's officer in tactical control at the location to which said law enforcement personnel have been dispatched and shall be under the operational command of the requesting member's chief law enforcement officer or his designee. DFW Regional Mut. Aid Agreement - Page 2 8. Release: Law Enforcement Officers of the responding member will be released by the requesting member when their services are no longer necessary. 9. Withdrawal from Response: The chief law enforcement officer, or his designee, of the responding member, in his sole discretion, may at any time withdraw the personnel and equipment of the responding member or discontinue participation in any activity initiated pursuant to this Agreement. 10. Qualifications of Office and Oath: While any law enforcement officer regularly employed by a responding member is in the service of the requesting member under this Agreement, said law enforcement officer shall be deemed to be a peace officer of the requesting member and be under the command of the requesting member's chief law enforcement officer with all powers of a law enforcement officer of the requesting member as if said law enforcement officer were within the territorial limits of the governmental entity where said officer is regularly employed. The qualifications of office of said law enforcement officers where regularly ' employed shall constitute his or her qualifications for office within the territorial limits of the requesting member and no additional oath, bond or compensation shall be required. 1 I. Right to Reimbursement: Each party to this agreement, when providing services of personnel as a responding party, expressly waives the right to receive reimbursement for services performed or equipment utilized under this Agreement even though a request for such reimbursement may be made pursuant to Chapter 362 of the Texas Local Government Code. 12. Officer Benefits: Any law enforcement officer or other police personnel assigned to the assistance of another member pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation in all other rights of employment in providing such service, including injury, death benefits and worker compensation benefits and well as any available insurance, indemnity or litigation defense benefits Said benefits shall be the same as though the law enforcement officer or personnel in question had been rendering service within the territorial limits of the member where he or she is regularly employed. All wage and disability payments, including worker compensation benefits, pension payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the member which regularly employs the officer providing service pursuant to this Agreement in the same manner as though such service had been rendered within the limits of the member where such person or law enforcement officer is DFW Regional Mut. Aid Agreement - Page 3 regularly employed. Each responding member shall remain responsible for the payment of salary and benefits as well as for legal defense of the responding member's officers or personnel when acting pursuant to this agreement. 13. Liability: In the event that any person performing law enforcement services pursuant to this Agreement shall be named or cited as a party to any civil claim or lawsuit arising fzom the performance of their services, said person shall be entitled to the same benefits from their regular employer as they would be entitled to receive if such similar action or claim had arisen out of the performance of their duties as a member of the department where they are regularly employed and within the jurisdiction of the member by whom they are regularly employed. The Members hereby agree and covenant that each Member shall remain solely responsible for the legal defense and any legal liability due to the actions of an officer or other personnel regularly employed by said member. Nothing herein shall be construed to expand or enlarge the legal liability of a Member for any alleged acts or omissions of any employee beyond that which might exist in the absence of this Agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature whatsoever to any claim against a Member or against an officer or employee of a Member. 14. Waiver of Claims: Each party of this Agreement to its members respectively waives all claims against each and every other party or member for compensation from any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement even though such alleged damage may have or is alleged to have occurred as a result of alleged negligent or other tortious conduct of any party to this Agreement. 15. Immunity Not Waived: The parties hereto expressly do not waive any immunity or other defenses to any civil claims with the execution of this agreement. It is understood and agreed that, by executing this Agreement, no party or member hereto waives, nor shall be deemed hereby to waive, any immunity or defense which otherwise is available in claims arising which are signs of or connection with, any activity conducted pursuant to this Agreement. 16. Venue: Each party to this Agreement agrees that if legal action is brought under this Agreement, the venue shall lie in the county in which the defendant member is located, and if located in more than one county, then it shall lie in the county in which the principal offices of said defendant member are located. The Parties hereby stipulate and agree that this Agreement is to be construed and applied under Texas law. DFW Regional Mut. Aid Agreement - Page 4 17. Arrest Authority Outside Primary Jurisdiction: It is expressly agreed and understood that a law enfomement officer employed by a responding party who performs activities pursuant to this Agreement may make arrests outside the jurisdiction in which said officer is regularly employed, but within the area covered by this Agreement; provided, however, that the law enforcement agency of the requesting jurisdiction and/or the jurisdiction in which the arrest is made shall be notified of such arrest without unreasonable delay. The police officers employed by the parties to this Agreement shall have such investigative or other law enfomement authority in the jurisdictional area encompassed by the members, collectively, to this Agreement as is reasonable and proper to accomplish the purposes for which a request for mutual aid assistance is made pursuant to this Agreement. 18. Clauses Severable: The provisions of this Agreement are to be deemed severable such that should any one or more of the provisions or terms contained in this Agreement be, for any reason, held to be invalid, illegal, void, or unenforceable; such holding shall not affect the validity of any other provision or term herein and the agreement shall be construed as if such invalid, unenforceable, illegal or void provision or term did not exist. 19. Termination: Any Party to this Agreement may terminate it's participation or rights and obligations as a Party by providing thirty (30) days written notice via certified mail to the Chief Law Enforcement Officer of every other Party. Should one Party terminate its participation in, or withdraw from, this Agreement, such termination or withdrawal shall have no effect upon the rights and obligations of the remaining Parties under this Agreement. 20. Effective Date: This Agreement becomes effective immediately upon the execution by the Parties hereto and continues to remain in effective until terminated pursuant to Section 19 above. 21. Modification: This Agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. This instrument contains the complete agreement of the parties hereto and any oral modifications, or written amendments not incorporated to the Agreement, shall be of no force or effect to alter any term or condition herein. DFW Regional Mut. Aid Agreement - Page 5 22. Execution of Agreement: This Agreement shall be executed by the duly authorized official of the respective Parties pursuant to approving resolutions of the governing body of the respective units of local government. Copies of said approving resolutions shall be attached hereto and made a part hereof. This agreement may be executed in multiple original copies by the respective Parties. 23. Compliance with Law: The Parties shall observe and comply with all applicable Federal, State and Local laws, rules, ordinances and regulations that affect the provision of services provided herein. 24. Interjurisdictional Pursuit Agreement: The Parties hereto expressly understand and agree that this agreement does not in any way modify or restrict the procedures or guidelines which are followed by any law enforcement agency or Member pursuant to the Inter-Jurisdictional Pursuit Policy Agreement to which some Members or their law enforcement agencies, may be parties. To the extent any provision of, or action taken pursuant to, the Inter-Jurisdictional Pursuit Policy Agreement may be construed to conflict with the terms and conditions of this Agreement, the terms of the Inter-Jurisdictional Pursuit Policy Agreement shall control as to those particular actions. 25. Coordinating Agency. The Parties hereby agree that the City of Highland Park Department of Public Safety shall served as the Coordinating Agency of the Agreement. The Chief Law Enforcement Officer, or his designee, of said Coordinating Agency shall maintain on file executed originals of this Agreement, related resolutions or orders of the Parties and other records pertaining to this Agreement. Said Coordinating Agency shall notify all members of the identity of the current Parties hereto every twelve (12) months. Executed and entered into on this 17th day of September Member Agency: City of Denton Authorized official: Printed name: Michael A. Conduff Title: City Manager Date of governing body approving resolution: 09/17/02 ., 2002 by: DFW Regional Mut. Aid Agreement - Page 6 SOL TION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation ofinterlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes to participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas-Ft. Worth North Texas area for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the City of Denton and other local law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the Greater Dallas- Fort Worth Regional · Law Enforcement Mutual Aid Task Force Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Manager is hereby authorized to execute the attached "Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement." SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED on this the /~~ dayof ~-j0~2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: , Page 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESOLUTION NO. ~00~-0 ¢~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE DENTON POLICE DEPARTMENT'S PARTICIPATION IN AN INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT WITH LOCAL LAW ENFORCEMENT AGENCIES IN THE GREATER DALLAS-FT. WORTH NORTH TEXAS AREA FOR THE PURPOSE OF COORDINATING A LAW ENFORCEMENT RESPONSE TO THE EMERGENCY CONDITIONS CAUSED BY VEHICULAR PURSUITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation ofinterlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes to participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas-Ft. Worth North Texas area for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the City of Denton and other local law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the Greater Dallas- Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Manager or his designee is hereby authorized to execute the attached "Inter-Jurisdictional Pursuit Policy Agreement." SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED on this the /7~'~ day of ~.,O~-~DTff4~,~, 2002. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Pursuit Agreement, page 1 INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT General Considerations If the reason or nature of a pursuit is in conflict with an agency's pursuit policy, that agency may dectine to participate in the pursuit even though that agency's assistance has been requested. Any agency involved in the pursuit may, in its discretion, choose to terminate its involvement in a pursuit at any time. The purpose and intent of this agreement is to coordinate law enforcement response to the emergency conditions caused by vehicular pursuits. This agreement is not to be construed to limit the legal authority of any law enforcement agency or officer. Nor is this agreement to be construed to impose any standard of conduct or care upon any officer or agency beyond that existing under applicable law. This agreement is intended by the participating agencies to be in full force and effect as the general order of each such participating agency. Notifications A. Before entering another jurisdiction, or as soon as practical, the pursuing agency will, if reasonably possible: notify the other jurisdictional agency ~ of the following information: 1. A pursuit has entered or is about to enter their jurisdiction. 2. The location and direction of travel. The pr/mary offense for which the vehicle and occupants are wanted. The vehicle hcense number and complete description of vehicle and occupants. The number and description of pursuing units as well as their relative location to the vehicle being pursued. 6. Whether or not assistance is needed. As appropriate, the initial agency will notify the jurisdictional agency that the pursuit is: (1) leaving the jurisdiction; (2) has been discontinued; or, (3) has ceased and of the ending location. Pursuit Agreement, page 2 Control of the Pursuit The initiating agency will have control of and will be responsible for the pursuit. Other agencies will not participate unless requested to assist. A total of no more than three (3) vehicles from the combined jurisdictions will be involved in any pursuit unless the controlling supervisor from the originating agency requests or approves additional assistance. At least one of the three involved units should, if practical, be a supervisor. One additional unit from the jurisdiction through which the pursuit is proceeding may trail the pursuit by keeping the pursuit in sight from a distance to assist officers if needed. Prohibited Practices The intentional use of roadblocks designed to stop the pursued vehicle unless necessary to protect against the imminent death or serious bodily inju~ to an officer or another-person. Intentional bumping or ramming of the pursued vehicle unles~ necessary to protect against the imminent death or serious bodily injury to an officer or another person. Intentionally forcing the pursued vehicle offthe roadway unless necessm-y to protect against the imminent death or serious bodily injury to an officer or another person. Pursuing a vehicle the wrong way on a one-way street or the wrong way on a divided roadway. Shooting at the pursued vehicle, unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. Deployment or use of "stop sticks" or "road spikes" unless the officer deploying the device has been appropriately trained in said deployment and the deploying officer is authorized to deploy the device by his employing agency. Pursuit A~reemcnt, pa~e 3 Responsibilities A. Initiating agency 1. Arrest and custody of the persons charged. 2. Arraignment of arrested persons. 3. Disposition of any passenger. 4. Disposition of the arrested person's vehicle. 5. Coordination of all reports related to the arrest, citations and criminal charges. Agency of Primary Jurisdiction Reporting of any traffic collision(s) that occur as a result of a pursuit. As a matter of professional courtesy, a supervisor from the agency where the pursuit ceases will respond to the location to offer immediate assistance at the scene and to determine any pertinent information regarding the pursuit. On behalf of the Agency or Entity reflected below, I agree to follow the terms and conditions of this Agreement. Part~p-a'ti~gr, 1/ . ~A~'~ a~d C~-t~ Manager or his designee Chief Law Enforcement Officer c~ his designee Charles Wiley Printed name Chief of Police Title Date RESOLUTION RESOLUTION NO. ~ ~/(4 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Mr. Govenor Jackson - Place 2 and Mr. Dan Tonn - Place 4 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Mr. Govenor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2002 and continuing through September 30, 2004. SECTION 2. That Mr. Dan Tonn is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October I, 2002 and continuing through September 30, 2004. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~_~c dayof C~Z7~~,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPt~OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION SOL TIO NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "CREATE AND EXPAND MULTI-FAMILY HOUSING RECYCLING PROGRAMS THROUGHOUT THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ("NCTCOG") is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation regarding the NCTCOG's adopted regional solid waste management plan; and WHEREAS, the City of Denton is qualified to apply for project funds under the Request for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Govemments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton, Texas in all matters related to the project application for a project to "Create and Expand Multi-Family Housing Recycling Programs Throughout the Region," and for all matters related to the project application and any subsequent project contract and project that may result. SECTION 2. That if the project is funded, the City of Denton, Texas will comply with the project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. That the project fimds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. That the activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED thisthe /7~'/~ dayof ~/dT~'J~t~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documcnts\Resolutions\02\Solid Waste NCTCOG Project - Multi-Family Recycling-2002.doc 2 RESOLUTION RESOLUTION NO. R2002- ~g~2 t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "EXPAND COMMERCIAL RECYCLING EFFORTS IN BUSINESS AND GOVERNMENTS ACROSS THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ("NCTCOG") is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation regarding the NCTCOG's adopted regional solid waste management plan; and WHEREAS, the City of Denton is qualified to apply for project funds trader the Request for Projects; NOW THEREFORE, THE CITY COLrNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton, Texas in all matters related to the project application for a project to "Expand Commercial Recycling Efforts in Business and Governments Across the Region," and for all matters related to the project application and any subsequent project contract and project that may result. SECTION 2. That if the project is funded, the City of Denton, Texas will comply with the project requirements of the No~th Central Texas Council of Governments, Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. That the project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. That the activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. That this resolution shall take effect immediately t~om and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED this the /7~ dayof ((~-'~/rflt/~.~/~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: S:\Our Documents\Resolufions\02\Solid Waste NCTCOG Project-Commercial Reeycling-2002.doe RESOLUTION A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE RECREATION FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS APPROVED IN THE 2002-2003 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. (PROJECT- $565,000 FOR AQUATIC CENTER WATER PARK EQUIPMENT) WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the purchase of equipment for the Aquatic Center Water Park more fully described in Attachment "A" (the "Project"); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $565,000.00 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A" which is made a part of this resolution for all purposes. SECTION 2: All costs to be reimbursed will be for equipment expenditures. No tax- exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of(l) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended from the Unreserved Fund Balance for the Projects to pay any costs of the Projects shall be reimbursed from Certificate of Obligation proceeds within the 2002-2003 fiscal year. SECTION 3: The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4: This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY APPI~V~; ~S TO LEG~FORM: HERBE~TTORNEY ~ day of ~ ~-/f~/ , 2002. EULINE BROCK, MAYOR Page 2 S:\Our Documents\Resolutions\0 l~Aquatic Center Park Equipment Res.doc Attachment A CITY OF DENTON, TEXAS ANNUAL PROGRAM OF SERVICES PROPOSED 2002-07 CAPITAL IMPROVEMENT PROGRAM RECREATION FUND TOTAL REQUIRED AID TOTAL OTHER* CITY IN PROJECT YEAR DI~DEPT PROJECT NAME FUNDING CONST. COSTS 2002-03 Rec Water Park $ 565,000 $ 565,000 $ $ 565,000 TOTAL $ 565,000 $ 565,000 $ $ 565,000 * Includes certificates of obligation, fund balance, and General Fund resources "Dedicated to Quality Service" RESOLUTION · , S:\Our Documents\Resolutions\02\Good S amaritan Resolution.doc RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City") is a duly organized and validly existing mtmicipal corporation under the laws and Constitution off the State of Texas; and WHEREAS, The Evangelical Lutheran Good Samaritan Society (the "Society"), a North Dakota nonprofit corporation, owns and operates two long-term healthcare facilities, including related senior housing facilities, within the boundaries of the City; and WHEREAS, the Society has recently made material capital expenditures at its Lake Forest facility within the City, which it desires to fund from the issuance of Bonds; and WHEREAS, the Society has proposed that the moneys to fired the Project come from the proceeds of Bonds to be issued by the Colorado Health Facilities Authority (the "Bonds") in a multi-state offering authorized by Colorado state law; and WHEREAS, such multi-state offering is economically efficient and cost-saving for the Society, thereby reducing operating costs for the Society and therefore tending to reduce the necessity for increases of charges at its Denton facilities, thereby benefiting the residents of the City; and WHEREAS, the Bonds will be payable solely from revenues of the Society, and the City will have no obligation whatsoever for payment of the Bonds; and WHEREAS, as a prerequisite for the issuance of the Bonds by the Colorado Health Facilities Authority, a public hearing was held within the City at 215 E. McKinney Street, Denton, Texas 76201 on September 27, 2002 after publication in the Denton Record-Chronicle of a Notice of Public Heating, and a report on the hearing has been presented to the City Council. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City of Denton hereby approves the issuance of the aforesaid Bonds by the Colorado Health Facilities Authority in the maximum aggregate principal amount of $680,000 for The Evangelical Lutheran Good Samaritan Society, and further approves the Project as described in the Notice relating to the public hearing for the Bonds, and such approval shall be solely for the purposes of Section 147(0 of the Internal Revenue Code of 1986 and the City shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to payment of the Bonds. SECTION 2: Further, it is recognized by the City that the instruments which authorize that issuance of bonds, notes or obligations by the Colorado Health Facilities Authority will specifically state that the City is not obligated to pay the principal of or interest on the bonds, notes or obhgations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a City may incur no indebtedness without having made provisions for its payment, and the City Council of the City hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ¢ day of ~ff~ , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: ' "" ~ ~ RESOLUTION FILE REFERENCE FORM [ R2002-049 ] Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials First Amendment to Letter Agreement (original is attached) 10/16/03 A RESOLUTION AUTHORIZING THE CITY OF DENTON TO PARTICIPATE IN THE COALITION OF CITIES ON POLICE POWERJPREEMPTION ISSUES 1N MATTERS CONCERNING PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, seventeen cities have formed a "Coalition of Cities on Police Power/Preemption Issues" ("Coalition"), and have hired Clarence A. West, Attorney at Law, in matters concerning proceedings before the Public Utility Commission, ("PUC"), involving compensation and preemption of municipal police powers as to management of the rights-of- way; WHEREAS, the municipality of Denton, Texas, (hereinafter called "City") is a regulatory authority having a duty to participate in such proceedings and whose citizens will be substantially affected by the orders established as a result of such proceedings; and WHEREAS, The City of Denton has filed written comments in proceedings before the PUC and desires to have further written comments in upcoming proceeding in participation with the Coalition; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Public Utility Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes Clarence A. West, Attorney at Law to represent the City in matters concerning proceedings before the Public Utility Commission, ("PUC"), involving compensation and preemption of municipal police powers as to management of the rights-of-way as referenced in Exhibit A attached hereto and incorporated by reference herein. SECTION 2. That all of the declarations and the findings contained in the preamble to this resolution are made a part hereof and shall be fully effective as a part of the resolved subject matter of this resolution. SECTION 3. and approval. PASSED AND APPROVED thisthe ¢~'~ day of //~('/,~ EUL1NE BROCK, MAYOR That this resolution shall become effective immediately upon its passage ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 3 CLARENCE A. WEST Counselor and Attorney at Law 1201 RIO GRANDE, SUITE 200 AUSTIN, TEXAS 78701 www. cawestlaw, com Direct Dial: 512.499.8838 Fax: 512.322.0884 cawest@cawestlaw, com September 10, 2002 EXHIBIT A Mr. Michael A. Conduff City Manager City of Denton 215 East McKinney Denton, Texas 76201 Re~ Letter Agreement for Representation concerning proceedings before the Public Utility Commission ("PUC") involving Compensation and Preemption of Municipal Police Powers as to Management of Public fights-of-way; and access line fee payment claim against Verizon Dear Mr. Conduff, This Letter Agreement executed this the 10th day of September, 2002 between the City of Denton, Texas, a municipal corporation ("CITY") and Clarence A. West, Attorney at Law ("CONSULTANT"). This Letter Agreement sets forth the mutual understand'rog of the parties of the legal services to be provided CITY by CONSULTANT on the various legal issues that the CITY has concerning the proceedings before the PUC and the access line fee payment claim against Verizon. This Letter Agreement also describes the basis on which CONSULTANT will be paid. CONSULTANT will provide services for CITY as follows: CONSULTANT will represent the CITY, as one of the Cities in the "Coalition of Cities on Police Power/Preemption Issues" ("Cities"), in matters conceming proceedings before the PUC involving compensation and preemption of municipal police powers as to management of the fights-of-way. Prior to CONSULTANT'S representation, the CITY shall pass a resolution authorizing the CITY to join the Cities authorizing CONSULTANT to perform the following services: Monitor and review filings and pleadings before the PUC concerning compensation and preemption of police powers as to management of the public rights-of-way and Chapter 283 of the Local Gov. Code ("HB 1777"). Prepare and file responsive pleadings on behalf of Cities with the PUC on the preemption issue or other HB 1777 related matters. Mr. Michael Conduff 09/10/02 Page 2 of 2 Review and recommend any particular changes or revisions to individual cities regulations or ordinances, to the extent required by the PUC proceedings. Brief city officials by way of email as to the PUC proceedings, or individually, as requested by a City. In addition to the services listed above, CONSULTANT shall perform legal services in connection with the Verizon access line fee claim. As directed and in consultation with the City, CONSULTANT will review the pending access line fee underpayment claim that the City has against Verizon and will verify the proper amount due and recommend to the City a reasonable settlement. If a settlement is reached, CONSULTANT will assist in the documentation of the settlement. The scope of CONSULTANT's services may be changed fzom time to time by mutual agreement. This Letter Agreement shall commence on the date it is executed, and will be concluded at the time that the scope of services has been completed, unless sooner terminated in accordance with this Letter Agreement. Either party may terminate this agreement at any time, upon ten (10) days prior notice in writing, sent by certified mail, remm receipt requested at the addresses given below: CITY CONSULTANT City of Denton ATTN: Michael A Conduff, City Manager 215 E. McKinney Denton, Texas 76201 Clarence A. West, Attorney 1201 Rio Grande, Suite 200 Austin, Texas 78701 512.499.8838 Fax: 512.322.0884 cawest~cawestlaw.com CITY will pay the CONSULTANT a retainer for legal services performed in accordance with the hourly billing rates set forth herein provided, however, that all bills for legal services, including all costs and out-of-pocket expenses whatsoever shall not exceed Four Thousand Dollars ($4,000.00) for services performed for CITY. CONSULTANT shall deposit the $4,000.00 into CONSULTANT'S trust account and will bill against it. Any fees remaining at the end of the Letter Agreement shall be returned to CITY. Further, bills shall be subject to review and approval of the City Manager and, if the City Manager so determines, the City Attorney. Consistent with what had been done in the past with the Coalition of Cities, CONSULTANT will maintain a detailed billing memo on all hours worked on matters that are generally applicable to all Cities and bill each City its proportionate equal share of those fees. There are now seventeen (17) cities and Denton would be the 18th. Each City shall receive a detailed billing memo. To the extent any particular City has a unique issue, such as the Verizon claim as detailed above, which is relevant to that City alone and which services have been specifically requested by that City, that City would be billed individually for those services. Mr. Michael Conduff 09/10/02 Page 3 of 3 CONSULTANT'S current hourly billing rate to the Coalition to $260.00 per hour, subject to annual adjustments in the event the proceedings exceed twelve months. Nothing herein shall require CITY to pay for services, which it determines are not within the scope of services set forth herein. In the event CITY terminates CONSULTANT's services, it shall pay for all services satisfactorily performed up to the date CONSULTANT receives the notice of termination. CONSULTANT will start its representation of CITY upon CITY's signing this letter and returning it along with the retainer. 1N WITNESS WHEREOF, the pmies have executed this agreement in duplicate copies, each of which shall be deemed to be an original of equal force and effect. By executing this Letter Agreement, the parties represent the person signing same has the authority to execute the docment in the capacity shown on the document. DATE: CITY OF DENTON, TEXAS ~"I'~CHAEL A. CONDIJ?F, d~'IANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: & ]~[_~J'&" APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CLARENCE A. WEST DATE: C:~Documents and Settings\CA West~.ocal Settings\Temporary lntemct Filcs\OLK28\Clarence West First Amendment.doc STATE OF TEXAS COUNTY OF DENTON FIRST AMENDMENT TO LETTER AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDMENT TO THAT AGREEMENT made and entered into the 8th day of October, 2002 ("Base Agreement") by and between Clarence A. West, Attorney at Law, 1201 Rio Grande, Suite 200, Austin, Texas 78701 hereinafter referred to as "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City." WITNESSETH. SECTION 1. The Base Agreement is hereby amended to read as follows: Compensation and Method of Payment: For legal services performed in accordance with the hourly billing rates set forth herein provided, however, that all bills for legal services, including all costs and out-of-pocket expenses whatsoever shall not exceed Four Thousand Dollars ($4,000.00), for services performed for the City. SECTION 2. That save and except as amended hereby, all the remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas has caused this First Amendment to be executed by its duly autho, n'~e~t, City Manager4 an~t Consultant has executed in three original counterparts on this the /~"~ day of (_~~ ., 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY By= ~/~/~~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CONSULTANT: CLARENCE A. WEST, ATTORNEY Page 2 RESOLUTION RESOLUTION NO. ~ ffO~ -O~-B A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING NECESSARY LEGISLATION AND DALLAS AREA RAPID TRANSIT (DART) POLICY CHANGES TO ALLOW EXPANSION AND EXTENSION OF DART SERVICES TO LOCAL GOVERNMENT JURISDICTIONS THROUGH LOCAL OPTION CITIZEN ELECTIONS PLEDGING PAYMENTS TO THE DART SYSTEM 1N AN AMOUNT EQUIVALENT TO A ONE-CENT SALES TAX, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, mobility throughout the North Texas area is a key element of a continued positive quality of life and economic viability; and WHEREAS, the City of Denton finds that to maintain mobility, enhance the quality of life for citizens, promote economic development, and address issues associated with reducing roadway congestion and achieving federal air quality mandates quality transit services must be available; and WHEREAS, such transit and mobility services provided by DART can contribute to achieving the above cited elements; and WHEREAS, current State law and DART policy prevents extension and expansion of DART services to other areas unless that area has the capability to implement a one-cent sales tax within the existing State cap on sales tax of 8 lA cent; and WHEREAS, the benefits of extension of DART services to areas in the future enhance the entire North Texas area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The State Legislature and DART provide necessary legislation and policy changes to allow a city to become a member of DART with a pledge of the equivalent of one- cent sales tax of city-secured funding that is from non-State and/or non-federal funds. Such 'membership' should require a citizen vote and a binding commitment to DART to match existing requirements on 'member' cities as to any future withdrawal by the city and continued funding to DART on debt related issues. SECTION 2. Legislation should provide a means, by a single ballot proposition, for a city having adopted an economic development sales tax to join a metropolitan transportation authority by public election and dedicating the required sales tax to the authority upon satisfying its previous tax obligations or dedicating alternative funding equal to the required sales tax, thus allowing a transition to full membership. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /,-~-'{'~ day of ~'-~ , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ENDORSING THE NATIONAL LEAGUE OF CITIES HOMETOWN SECURITY DAY TO EMPHASIZE THE ESSENTIAL ROLE OF AMERICA'S CITIES IN HOMELAND DEFENSE AND THE NEED FOR A FEDERAL-LOCAL PARTNERSHIP; URGING CONGRESS TO PASS THE HOMELAND SECURITY BILL AND TO FINALIZE FUNDING FOR HOMELAND SECURITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the terrorist attacks of September 11, 2001 have changed life throughout the Nation, and robbed Americans of their sense of security; and WHEREAS, the attacks have far reaching implications for all cities and towns and their first responders now on the front lines of hometown defense; and WHEREAS, cities have shouldered the full financial burden for hometown security at a cost of approximately $3 billion since September 2001; and WHEREAS, at significant cost to local taxpayers across America, cities have met their many new hometown security challenges by updating their emergency plans to met multiple new threats such as dirty bombs, biological and chemical weapons, taking on security duties at commercial airports, identifying and assessing their vulnerabilities, and improving collaboration, communication and information sharing within their regions and with state and federal government; and WHEREAS, cities cannot carry this new financial burden alone much longer and continue to maintain other essential local services without raising local taxes or cutting services; and WHEREAS, a recent National League of Cities survey shows that, for the first time since 1992, a majority of cities are less able to meet their financial needs because of a fall off in revenues due to the economic downturn and the surge in spending for hometown security; and WHEREAS, Congress and the President have not taken advantage of a rare moment of bipartisan urdty by failing to act decisively on federal homeland security coordination and funding; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton endorses the National League of Cities' Hometown Security Day to draw attention to the essential role of America's cities and towns as the t~ont line of homeland defense and the urgent need for a hue federal-local partnership to carry out this new responsibility. SECTION 2. That the City of Denton joins the National League of Cities in urging Congress and the President to work out their differences and pass a homeland security bill now to provide a federal fi:amework for a unified and coordinated response to terrorism. SECTION 3. That the City of Denton urges Congress, with the full support of the President, to finalize immediately 2003 funding for homeland security, particularly the $3.5 billion promised for first responders and the $22 million per month reimbursement promised to cities and towns for providing local law enforcement at the Nation's commercial airports. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~-~_~ day of f~7~_~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESOLUTION NO. ~/~)~q- 0~'-~'q~ A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for various Appraisal Review Board members of the Denton Central Appraisal District will expire on December 31, 2002; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas, hereby nominates Robbie Gober, John Solberg and W. Garland Thornton, Jr. as members to the Appraisal Review Board of the Denton Central Appraisal District. SECTION 2. and approval. PASSED AND APPROVED this the ,~-'b3'~'>---/~ d~ /, That this resolution shall become effective immediately upon its passage 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION '~' S:\Our Doeuments\Resolutions\02\Sehool Program Application Res.doc RESOLUTION NO./~9~O0~.- A RESOLUTION SUPPORTING SAFE ROUTES TO SCHOOL PROGRAM APPLICATION FOR THE FUNDING OF THE CONSTRUCTION OF SIDEWALKS ALONG RYAN ROAD IN THE CITY OF DENTON, IN DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation has announced a 2002 Program Call for project proposals for the Safe Routes to School Program; and WHEREAS, the purpose of the Safe Routes to School Program is to improve safety in and around school areas; and WHEREAS, Wayne Stuart Ryan Elementary School located at 528 Ryan Road in the City of Denton, Denton County, Texas was opened in October of 2001; and WHEREAS, the City has identified and evaluated the need for sidewalks along Ryan Road to separate children walking to Wayne Stuart Ryan Elementary School from motor vehicles, to improve pedestrian pathways, and to improve children's ability to cross streets; and WHEREAS, the City has completed a route study of Ryan Road, including the inventorying existing sidewalks and right-of-way and analyzed the need for sidewalks, sidewalk relocations and additional right-of-way that would allow the construction of the sidewalk prior to widening of Ryan Road; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton endorses and supports the Safe Routes to Schools Program application for the funding of the construction of sidewalks along Ryan Road in Denton County, Texas. SECTION 2. approval. . PASSED AND APPROVED this the /~ dayof ~~ This resolution shall become effective immediately upon its passage and ,2002. EUL1NEBROC~MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY S:\Our Documents\Resolutions\02',Sehool Program Application Res.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ RESOLUTION Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initial~ Amended by Resolution No. R2003-002 01/07/03 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Seventh-eighth Texas Legislature will convene in January, 2003; and WHEREAS, many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton has developed a legislative program for consideration by the Legislature; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the City of Denton's 2003 State Legislative Program for the City of Denton is adopted as set forth in Attachment "A", incorporated herein and made a part of this resolution for all purposes. SECTION 2: That the Mayor and City .Council, City Manager and the City Attorney shall communicate the items included in the state legislative program to members of the Texas Legislature. SECTION 3: That, for those items designated as priority, the City Attorney is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City Council and City staff and through other appropriate means. SECTION 4: That, for those items designated as support, the Mayor and City Council, City Manager and the City Attorney shall actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity. SECTION 5: That, for those items designated as endorse by the City of Denton or the Texas Municipal League, the City Manager and the City Attorney are directed as time allows to communicate to appropriate individuals the City Council's general support of such legislation. SECTION 6: That the City Manager and the City Attorney are directed to oppose any legislation which diminishes the City of Denton's home-rule authority. SECTION 7: This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. City of Denton 2003 State Legislative Program PASSED AND APPROVED this the /~ ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY day of November, 2002. EULINE BROCK, MAYOR City of Denton 2003 State Legislative Program Attachment A Denton's Legislative Priorities The City of Denton has adopted the following legislative issues as priority issues for the 78th Legislative Session. The City Council of the City of Denton has met in workshops, participated in legislative seminars and have received information from city staff and various groups within the community to set these priorities. Homeland Securi · Support legislation amending Chapter 418 of the Texas Government Code to allow increased funding for Homeland Security needs. · Support legislation to limit disclosure of public information that might benefit terrorist organizations. · Support legislation to allow security briefings in closed session under the Open Meetings Act Background Information. After September 11, cities are setting new priorities: Fire, police EMS and health officials need special equipment and extra personnel to respond to anthrax alarms, which in some mid-sized cities have totaled as many as 60 calls in one day. Cities must pay overtime for police to patrol power and water treatment plants and for training to respond to biological or chemical attacks. Security for power and water infrastructure is funded in most cities through the water and electric utilities, which are financed by customer charges. For other costs, cities depend on taxes, and sales tax revenues are declining in most areas. Federal grant money should be passed through to local governments, who are first responders and responsible for protecting citizen's water supply and electric power. Amendments to Chapter 418 of the Texas Government Code may be necessary to allow the Governor's Division of Emergency Management to provide technical and financial tools to assist municipal governments with implementing emergency management plans and services. Texas Open Records Act - does not contain an exception for documents containing security measures. The Open Meetings Act contains a provision that allows the city council to meet in closed session to discuss security devices but not overall security measures. Cities need to be able to protect security sensitive documents and closed sessions concerning security issues so that terrorists will not have access to information on security. Transportation Proposals The Texas Municipal League has put together an excellent program to increase the level and availability of state transportation funding, and Denton is fully behind these efforts. TML will: · Support legislation that would: Provide cities with revenue that can be used for transportation funding. Make it simpler to convert to dedicated sales tax revenue for street repair from sales tax revenue dedicated to any other purpose. Allow for a 1/8 cent street maintenance sales tax Dedicate state revenue to the Texas Mobility Fund. Establish desired levels of service for state-funded transportation infrastructure. Allow TXDOT to conduct protective right-of-way acquisition procedures, including right-of-way map and field note preparation, appraisal of right-of- way parcels at a time commencing after the final public meeting based on final determination by TxDOT as to the accuracy of the right-of-way requirements established on the geometric design schematic for the final meeting. Increase Texas trucking road use fees, but only as may be required to allow Texas to increase fees on out of state trucks, and allocate the resulting revenue to Fund 6 for highway funding. · Endorse legislation that would advance the concept of the Trans Texas Corridor as advocated by Governor Rick Perry, in pilot projects, as long as investment in other elements of transportation infrastructure is not endangered and adequate public input is allowed. · Oppose legislation that would further divert the state's transportation-related revenue to non-transportation projects. Background Information: Traffic congestion is a major problem in Denton. We have several major highways running through our city (identified on page 3). TXDOT procedures must be streamlined and a hard look at the development of mass transit systems in Texas is needed. Denton's bond election of January 2000 included for the first time a significant amount of bond money for the study of mass transit systems. If we ranked all of the economies and areas of the world, Texas would rank number 11. Texas has the second highest population among the 50 states, and the Dallas-Ft. Worth-Denton area is growing rapidly. Texas is in need of a first class transportation system to serve this economy and its citizens. Erosion of local control over the Right-of-way · Oppose legislation limiting the ability of cities to control the right-of-way and to collect franchise fees. Background Information. Under current federal or state law, no laws exist that reduce the authority of cities to exercise their police powers for the protection of the health, safety, and welfare of the public in connection with the use of city streets and rights-of way by telecommunication companies and other entities providing service. The types of regulations that cities may impose on entities that use the city's right of way are numerous and will withstand legal challenge because they are reasonably connected to protection of the health, safety, or welfare of the public. Denton urges the Legislature not to adopt new legislation that limits the ability of cities to control the right of way. Cities collect franchise fees as compensation for the use of the right of way. These fees reimburse the public for the use of the right of way. Denton urges the Legislature not to adopt legislation that limits cities ability to collect franchise fees. Economic Development Issues · Retain a state level presence and retain beneficial programs in Economic Development. Background Information: The state plays an important role in attracting business investment, encouraging business growth, and supporting local economic development recruitment and retention efforts. As the Texas Department of Economic Development undergoes Sunset Review, we support the continuation of a revitalized state economic development entity whose functions include promoting Texas as a desirable location for future business expansions, new capital investment and local recruitment and retention programs. Denton supports improved public education programs to promote more college graduates. We support the expansion of state excellence funding to assist our public universities in national competition for engineering and science research funds. · Support Legislation allowing Logo Reader Boards in Urban Areas with a population of 50,000 or more. Background Information: Specific information logo signs have a blue background with a white reflective border for commercial establishments which provide gas, food, lodging or camping and are located not farther than three miles from an interchange on an eligible highway. TxDOT contracts with a private firm to provide the signs and administer the program. Amending Chapter 391 of the Texas Transportation Code to allow Denton and other Texas urban areas with a population of 50,000 or more to place logo reader boards on state highways is necessary to allow local business within three miles of the interchange to be eligible to purchase signs to be placed on the interstate. This would allow business owners to make available their services to interstate travelers and may increase sales tax revenue. Support Legislation that would provide adequate funding, at or exceeding current levels for the Texas Recreation and Parks Account. Background Information: The recreation and park system of the State of Texas provides a system of parks with opportunities for recreation and exercise, which leads to a healthier population, and increased opportunities for youth, which may lead to a reduction in juvenile crime. Denton fully supports conservation and preservation of cultural and natural resources in a park system for current and future generations of Texas. The quality and quantity of park and recreation facilities provides an incentive for economic development and increased property values. Denton is a fast growing city with increasing demands for park and recreation facilities. Denton, the Texas Municipal League and The Texas Recreation and Parks Society also support legislation that would provide adequate funding, at or exceeding levels to meet the future needs and demands of the citizens for park and recreation facilities. Development Issues and Fees · Retain local control over development and development fees. Background Information: Denton has allocated staff recourses and spent significant sums on development issues. We started the process by developing a vision and growth management strategy. We then used a Visual Quality Survey to find out what the citizens wanted. Denton then spent two years developing the Denton Plan, 1999- 2020. The plan deals with Land Use, The Street, Urban Design, Schools and undeveloped areas on the edge of the city. This plan has won numerous awards for its planning strategies including: Merit Award from the Society of Landscape Architects Comprehensive Planning Award and Visual Quality Survey Award from the Texas Chapter of the American Planning Association TML Excellence Award for the Visual Quality Survey Planning Project Award from the Midwest Chapter of APA Texas and Midwest APA Award for the Denton Development Code We believe that visioning and growth management are best done at the local level. Denton would not like to see growth management mandated by the state. What works in Denton may not work in other cities. Oppose legislation creating water districts in the ETJ and enact legislation to require water districts to notify and receive permission from cities before forming. Background Information: Denton provides water and wastewater to its own citizens and also provides water and wastewater services through interocal agreements with many smaller cities in Denton County. Water is a limited natural resource and being able to meet its commitments for water supply is a priority with Denton. Denton County does not need more water districts. Fresh water supply corporations should have to receive permission from cities before forming. There are 12 fresh water supply districts in Denton County. The City of Denton has had problems with a fresh water supply district forming inside the city limits and had to file litigation. Fresh water supply districts frequently have substandard infrastructure and cannot serve the development that the district projected at build out. These systems are not required to bid competitively and are very expensive. Developers will often structure the debt to include a bond balloon payment. This balloon payment is usually due around the time the system is failing. Cities are then pressured to take over the district through annexation and are forced to spend substantial sums to correct the problem. This is the same problem Houston faced in the early 80s. We urge legislators to consider amendments to the Texas Water Code to require that fresh water supply districts receive permission from cities before forming. Tax and Finance Issues · Amend Chapter 35 of the Texas Education Code concerning Higher Education Authorities Background Information: Chapter 35 of the Texas Education Code permits a city to create a higher education authority or a nonprofit corporation to exercise powers similar to those of a higher education authority. The nonprofit organization can issue tax-exempt bonds to buy educational facilities or dormitories within or outside the city that created the corporation. If the project is a dormitory, the bonds are to be paid from the rent from the dormitory. The dormitories must be rented exclusively to students or other persons officially connected with a university. The educational or dormitory facilities built by an authority are exempt from ad valorem property taxes. Some cities and private individuals, through the use of an authority, are financing the construction of student apartment complexes outside of their extraterritorial jurisdiction and claiming a property tax exemption. Senate Bill 914, which was introduced in the last legislative session but not passed would establish that educational and student housing facilities owned by higher education authorities or certain nonprofit entities that are financed by an authority must have a connection to an educational institution to qualify for tax exempt status. Under S.B. 914, before issuing tax exempt bonds for these kinds of projects within the city of Denton, they must obtain the consent of the City Council, Mayor, County Judge or Commissioners Court. Denton supports amending state law to require the consent of the city and other taxing entities (like school districts) that lose property tax revenue within the city that the authority locates the dormitories in. · Support amendments to Chapter 351 of the Texas Tax Code to allow cities to charge an additional 2% Hotel/Motel tax for the construction, maintenance and operation of convention centers. Background Information: Chapter 351 of the Texas Tax Code allows some cities to charge an additional 2% Hotel/Motel tax for convention center facilities. Denton supports amending Chapter 351 to allow cities to charge an additional 2% Hotel/Motel tax for the construction, maintenance and operation of convention centers. · Clarify the Use of Hotel/Motel Tax Funds Background Information: The Hotel/Motel industry has stated that all expenditures must directly promote tourism and the convention and hotel industry. This new emphasis on the interpretation of this statute is causing controversy in many cities. Research into the legislative history of the act indicates that the legislation was not originally enacted to benefit the hotel/motel industry.~ In 1987 S.B. 1532 was enacted and provided that the expenditures of the hotel/motel tax money directly promote tourism and the convention and hotel industry. The Hotel/Motel industry is putting a new emphasis on the word, "directly", to indicate that the expenditures must put "heads in beds". Denton supports beneficial amendments to Chapter 351 of the Texas Tax Code clarifying the use of Hotel/Motel tax funds. · Library Funding Denton recently received a TIF grant and fully supports continuation of the Telecommunications Infrastructure Fund (TIF) and TIF grants to libraries. Denton supports public libraries by providing state funding to increase access to full-text online information services and by funding the Loan Star Libraries program of the Texas State Library and Archives Commission. Finally, Denton supports increasing direct state aid for public libraries as long as there are no grant conditions that prohibit non-resident fees. · Oppose - Enacting a sales tax exemption that isn't a local option exemption. · Oppose - Enacting a property tax exemption that would be a substantial erosion of the tax base. ~ SB 911 enacted in i971. · Support Internet Sales Tax Model Legislation. Background Information: Denton has numerous federal and state properties that do not pay ad valorem taxes. In 1994 Denton passed a ½ cent sales tax for the reduction of property tax. This means that we are heavily dependent on sales taxes. Denton has lost over $200,000 annually in sales tax revenue as a result of the sales tax holiday. Opting out of a sales tax holiday is not politically feasible for a municipality in an urban area, because shoppers would go to nearby cities to take advantage of the sales tax holiday. Expanding the sales tax holiday or adding additional items other than school supplies - or adding additional property tax exemptions - would significantly impact Denton. Denton asks legislators to be cautious in considering expanding the sales tax holiday. Expanding the number of sales tax holiday days will dramatically affect cities. We urge legislators to make minor amendments to exempt school supplies from sales tax during the sales tax holiday and to wait to make more amendments until after a study of the impact on cities is complete. Denton also supports model Internet sales tax legislation. Items sold over the Internet should be taxed the same as items sold within the city, so that one type of retailer does not have unfair advantage over another Support Legislation that directly affects Denton ISD Support increasing the state share of the Foundation School Program to 60 percent while maintaining local control over the allocation of resources. Provide additional state resources to local school districts to increase fiscal capacity of the school finance system and to provide districts with the resources needed to meet rising expectations. · Increase state funding for children with special needs. Adding a factor to the state funding formula for school districts that are heavily impacted by exempt state and federal property. Background Information: Denton ISD includes the University of North Texas, Texas Women's University, Denton State School, FEMA, County government and other tax-exempt properties. All of these entities feed students into Denton ISD without concomitant tax payments. Denton ISD is among the lowest-ranked area schools in terms of taxable value per student. Because of the location in our community of the Denton State School, the Nelson Center and other entities that serve students with special needs, Denton has a disproportionate number of such students, many of whose families live elsewhere in Texas. Denton ISD expenses exceed the state average for providing educational services to specialized populations. Denton citizens make up this difference with local property taxes. We urge you to consider these issues when looking at school funding formulas. DME Legislative Objectives for 78th Legislature · Maintain the rights and protections provided to municipal electric utilities in SB 7. · Minimize the rising administrative costs associated with implementation of retail competition. · Support an environment that supports cost-effective development of the electric transmission system in Texas, cost effective siting of generation in Texas, and maintains the reliability of the Texas electric grid. · Avoid excessive reliance on charges imposed upon electric consumers in order to satisfy the state's budget deficit Background Information: Electric Utility Issues are dynamic and ongoing in today's market. Denton will actively monitor proposed legislation and continue to inform legislators of D enton's position in the upcoming session. For several legislative sessions, Denton Municipal Electric has hired and anticipates hiring a utility expert, Jim Boyle, to act on its behalf before the Texas Legislature with regard to legislation affecting DME. As bills are filed, DME and its representative will contact legislators to convey Denton's position to protect its investment in DME, including its position as member of the 4-City Texas Municipal Power Authority. RESOLUTION FILE REFERENCE FORM R2002-055 Additional File Exists  Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR Amended by Resolution No. R2004-008 02/03/04 JR Amended by Resolution No. R2005-008 02/22/05 JR Amended by Resolution No. R2005-047 11/15/05 JR Amended by Resolution No R2006-043 12/19/06 JR Amended by Resolution No R2007-028 09/25/07 JR Amended by Resolution No R2008-009 03/04/08 JR Amended by Resolution No R2009-006 03/03/09 JR Amended by Resolution No R2009-028 11/03/09 RESOLUTION NO. ~Or~' O~'~b-- A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 9%077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resohition No. 98-067, passed by the City Council on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 76th Legislature; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council has reviewed the attached City of Denton Investment Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy. SECTION 2. That the Assistant City Manager of Fiscal and Municipal Services is hereby designated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/him. The financial officer is hereby authorized to perform the fimctions required of her/him under the Investment Policy and in accordance with TEX. GOV'T CODE ch. 2256. SECTION 3. That all resolutions or parts of resolutions in force when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, and Resolution No. 2001-072 shall remain in full force and effect. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~_~day of ~J~]~ ,20 ff~. EULINE BROCK, MAYOR ATTEST: JENN~ER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTA~RNEY Page 2 CITY OF DENTON Page 1 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FiNANCE POLICIES REFERENCE NUMBER: 403.06 INITIAL EFFECTIVE DATE: SUBJECT: INVESTMENTS 02/17/87 LAST REVISION DATE: TITLE: INVESTMENT POLICY 06/97 9/99 12/01 11/97 12/00 12/02 III. PURPOSE This policy shall provide the guidelines by which the City of Denton "City" 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 serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Ann. Chapter 2256, hereinafter referred to as the "Act", as amended and effective September 1, 1997. J SCOPE This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section liB, shall be excluded from this Investment Policy. [All financial assets of all funds, including the General Fund and any other accounts of the City not specifically exe|uded in these policy guidelines are included. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR).] These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of these policies. All funds will be pooled for investment purposes. The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund. This policy shall not govern funds, which are managed under separate investment programs in accordance with Section 2256.004 of the Act. Such funds currently include; Employees' Retirement Fund of the City of Denton; the Firemen's and Policemen's Pension Funds of the City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by: Federal and State Law; the City Charter; and donor stipulations. INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy ar/d adopted Investment Strategy. Page 2 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance in accordance with Section 2256.005(d) of the Act), apply for each of the City's investment strategies: Suitability - Understanding the suitability of the investment to the financial requirements of the City. Any investment eligible in the Investment Policy is suitable for all City funds. Safety - Preservation and safety of principal. All investments will be of high quality securities with no perceived default risk. Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified. Liquidity - To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Marketability- Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer prices of a particular security type &less than a quarter of a percentage point shall define an efficient secondary market. Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. YieM- Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective. The yield of an equally weighted, rolling six-month treasury bill portfolio shall be the minimum yield objective or "benchmark". A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256.006(a). The Director of Fiscal Operations shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in Section 2256.006(b) &the Act. IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific strategies shall be implemented considering the fund's unique requirements and the following shall Page 3 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 be considered separate investment strategies for each of the funds mentioned below. The City's funds shall be analyzed and invested according to the following major fund types: Bo Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles. This may be accomplished by purchasing high quality, short-term securities, which will compliment each other in a laddered 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. Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security. Debt Service Reserve Funds - Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a Iow degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities not exceeding five (5) years. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible. Such securities will tend to hold their value during economic cycles. Construction and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security. Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. V. INVESTMENT COMMITTEE Members - There is hereby created an Investment Committee consisting of the City Manager, Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, and one member of the City Council. Scope - 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 Page 4 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE INVESTMENT POLICY TITLE: REFERENCE NUMBER: 408.04 diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. Procedures - The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE Delegation & Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Director of Fiscal Operations. The Cash & Debt Administrator will have a support role. The Assistant City Manager of Finance and Director of Fiscal Operations are designated as investment officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256.008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance. The Assistant City Manager 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 quarterly process of independent review by an individual or firm designated by the Assistant City Manager of Finance, and an annual review by an external auditor. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager 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. Conflicts oflnterest - All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE INVESTMENT POLICY Page 5 of 14 TITLE: REFERENCE NUMBER: 408.04 E. Disclosure - Anyone involved in investing City funds shall file with the Assistant City Manager of Finance and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Denton investments. An investment officer has a personal business relationship with a business organization if: The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is related within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ann. Ch. 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth in Tex. Gov't. Code Ann. Sec. 2256.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgement and care under cimumstances then prevailing - which persons of prudence, discretion and intelligence exemise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Reporting Monthly - The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall include total investment return to date and compare the return with budgetary expectations or projections. Page 6 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 Quarterly - The Director of Fiscal Operations shall prepare and present to the Investment Committee and City Council a written report on the City's investment transactions for the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value during the period; c) ending market value for theperiod; and d) fully accrued interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) State the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of assat and fund type invested; 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired; and 8) state the compliance &the investment portfolio of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex. Gov't. Code ch. 2256. Annually - Within ninety (90) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Fiscal Operations shall oversee the filing and/or storing of investment records. VH. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Subsection E) Page 7 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 ~luthorized Investments (Per HB 2459 and Sections 2256. 009 through 2256. O17 of the Act) - Assets of funds of the government of the City &Denton may be invested in: Obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years); Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "AA" or its equivalent(maturing in less than two (2) years); Fully insured or collateralized Certificates of Deposit issued by state and national banks or savings bank or a state or federal credit union, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; secured by obligations described in 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described in the Tex. Gov't. Code Sec. 2256.009(b). (maturing in less than one (1) year); Fully collaterized direct repurchase agreements (whose underlying purchased securitias consist of the foregoing) with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (termination date must be 30 days or less); Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally, recognized rating agencies. Public Fund Investment Pools with a weighted average maturity of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or Page 8 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor ofthe pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) (2) investment transaction confirmations; and a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturities of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (1) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. Page 9 of 14 POLICY/ADMI1NISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described in section B.1. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share: furthermore, it provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC. Section 78a et. Seq.) or the Investment Company Act of 1990 (15 USC Section 80a-1 et. Seq.). Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by State law. Furthermore, this policy specifically prohibits investment in the following investment securities. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Diversification - It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. Securities shall also be selected and revised periodically by the Investment Committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply: Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days. All long-term maturities will be intended to cover long-term liabilities. In addition, five (5%) pement of the funds in the portfolio will be liquid at all times. The Investment Committee shall establish strategies and guidelines for the pementage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insuredJcollaterlized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a Page l0 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment Type % of Portfolio · U.S. Treasury Notes/Bills 100% · U.S. Agencies & Instrumentalities 100% · State of Texas Obligations & Agencies 15% · Local Government Investment Pools 50% · Local Government Obligations (AA) 10% · Repurchase Agreements 25% · Certificates of Deposit 100% · U.S. Government Money Market Funds 50% · U.S. Treasury Notes & U.S. Agency Callables 35% By Institution: Repurchase Agreements All Other Investment Pools No more than 10% No more than 40% No more than $10,000,000 Security swaps may be considered as an investment option for the City. A swap out of one instrnment into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be initiated by brnkers/dealers who are on the City's approved list. A horizon analysis is required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment file for record keeping. All investments (governments or bank C.D.'s) will be solicited on a competitive basis with at least three (3) institutions. The Investment Committee can approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy. The investment will be made with the broker/dealer offering the best yield/quality to the City. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield Page 11 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City being in a positive arbitrage position. The Tax Reform restrictions require extreme precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the new arbitrage restrictions is the continued pursuit of maximizing yield on applicable investments while insuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and rebate excess earnings, if necessary. VIII. SELECTION OF BANKS AND DEALERS Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc. Gov't. Code ch. 105. The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available. The Director of Fiscal Operations shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required. The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the minimum length of time between bidding with a 5 year maximum period. Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Fiscal Operations. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealers and financial institutions upon: 1. Financial conditions, strength and capability to fulfill commitments; 2. Overall reputation with other dealers or investors; 3. Regulatory status of the dealer; 4. Background and expertise of the individual representatives. Page 12 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 The Director of Fiscal Operations shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in ViII. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. Investment Officers shall not conduct business with any firm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved list. Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The firm must acknowledge that it has implemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to the Director of Fiscal Operations. The City's investment officer(s) may not transact business from a person who has not delivered the required written instrument to the City. Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to (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 All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC. Evidence of proper collateralization in the form of original safekeeping receipts held in the institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Director of Fiscal Operations all time. The Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances. The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral. Safekeeping procedures shall be established by the Investment Committee which clearly define steps for gaining access to the Collateral should the City determine that the City's funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of the procedure. C. Collateral Defined - The City of Denton shall accept only the following securities as collateral: Page 13 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 1. FDIC and FSLIC insurance coverage. 2. United States Treasuries & Agencies. 3. Other securities as approved by the Investment Committee. Delivery vs. Payment - All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral. The collateral shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. 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. Subject to Audit - All collateral shall be subject to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors. Xo M.4~AGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls: Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcilements and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations Page 14 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER.: 408.04 Controls Where Practical: Control of Collusion Separation of duties Separation of transaction authority from Accounting and Record-keeping Clear delegation of authority Accurate and timely reports Validation of investment maturity decisions with supporting cash flow data Adequate training and development of Investment Officials Review of financial conditions of all brokers, dealers, and depository institutions Staying informed about market conditions, changes and trends that require adjustments in investment strategies. RESOLUTION RESOLUTION NO. ~0~- O~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING REVISED CITY POLICIES REGULATING DRUG AND ALCOHOL FREE WORK PLACE AND ANTI- SUBSTANCE ABUSE AND REHABILITATION OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has policies regarding Drug and Alcohol Free Workplace and Anti-Substance Abuse and Rehabilitation for City employees; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented revised policies regarding employee rules and regulations concerning the Drug and Alcohol Free Work Place and Anti-Substance Abuse and Rehabilitation; and WHEREAS, the City Council, desires to adopt such policies as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policies numbered 108.11 "Drug and Alcohol Free Work Place" and 108.12 "Anti-Substance Abuse and Rehabilitation" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former pohcies 108.11 and 108.12. SECTION 2. That the foregoing policies are attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. and approval. .//, PASSED AND APPROVED this the/0~'~'~cdayof J~~.~ EULINE BROCK, MAYOR That this resolution shall become effective immediately upon its passage ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON PAGE1 OF4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HU1VIAN RESOURCES REFERENCE NUMBER: 108.11 SUBJECT: STANDARD OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 06/20/89 TITLE: DRUG AND ALCOHOL FREE WORK PLACE LAST REVISION DATE: 12/10/02 POLICY STATEMENT: It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidents or other failures that would tmdermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in disciplinary action, including termination for a first offense. GENERAL: The City of Denton shall, in compliance with the Omnibus Drug Initiative Act of 1988, take those steps required by the Act to ensure that its work place is drug and alcohol free. All employees shall receive a copy of the City's "Drug and Alcohol Free Work Place" policy, Appendix I. All persons newly hired by the City shall receive a copy of the policy during the new employee orientation process. Any employee found in violation of this policy shall be disciplined and such discipline may include termination. The City provides an Employee Assistance Program that is designed to assist employees and their families with personal and behavioral problems that have or could adversely affect job performance. DEFINITIONS: I. Controlled Substance is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drags" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription (as defined in section IV of the Anti-Substance Abuse and Rehabilitation Policy no. 108.12). II. Alcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation containing ethyl alcohol. III. Intoxicating Substance is defined to mean those substances that are being utilized for the intentional purpose of causing a physical or mind-altering state. ADMINISTRATIVE PROCEDURES: I. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE [ REFERENCE NUMBER: I 108.11 elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such activity impairs an employee's ability to perform his or her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action that may include termination for a first offense. II. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties and responsibilities or otherwise violating Policy 108.12. III. Employees who are convicted of controlled substances-related violations or alcohol-related violations based on actions occurring during the scope and course of employment with the City of Denton under state or federal law or who plead guilty or "no contest" to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative within five (5) business days from the date of the conviction. IV. Employees who are arrested for controlled substances-related violations or alcohol-related violations based on actions occurring during the scope and course of employment with the City of Denton must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four (24) hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. V. DRUG FREE AWARENESS PROGRAM A. The Human Resources Department shall publish a policy statement notifying all employees that the City is committed to maintaining a drug and alcohol free work place. This policy statement shall be given to all persons newly hired by the City during new employee orientation. The City shall establish a drug and alcohol free work place awareness program for its employees and as mandated by the Federal Department of Transportation's regulations, for employees who are required to possess and utilize a commercial driver's license to perform their jobs and for supervisors who oversee those employees. The purpose will be to make employees aware of the dangers of drug and alcohol abuse and the assistance that is available to combat these problems. This program shall include an educational component designed to inform employees of the dangers of drug and alcohol abuse in the work place. This program shall inform all employees of the City's commitment to maintaining a drug and alcohol free work place. The program shall direct employees to seek assistance through the City's 2 HR/POLICY/108.11 PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 Employee Assistance Program. The program will further alert employees to the penalties for violating this policy. C. Employees must, as a condition of employment: 1. Abide by the terms of the City's "Drug and Alcohol Free Work Place" policy, attached as Appendix I; and, Notify their supervisor or Department Director and Director of Human Resources or designee of any criminal drug or alcohol statute conviction for a violation (or a plea of no contest) based on actions occurring during the scope and course of employment with the City of Denton no later than five (5) days after such conviction. Notify their supervisor or Department Director and the Director of Human Resources or designee of any arrest for drug or alcohol related violations based on actions occurring during the scope and course of employment with the City of Denton as soon as possible but no later than twenty four (24) hours. A Department Director, upon receiving notification of an employee's conviction (or plea of guilty or no contest) or arrest of a violation, must notify the Director of Human Resources immediately. The Director of Human Resources will in turn notify the affected Department Director if he/she becomes aware of a conviction or arrest. The Director of Human Resources must ensure that the appropriate federal funding agency is notified of the conviction within ten (10) days after the City was notified of the conviction. The Omnibus Drag Initiative Act of 1988 requires the City to take appropriate disciplinary action within thirty (30) days after receiving notice of an employee's conviction (or a plea of guilty or no contest) of a violation of a criminal drug or alcohol statute based on actions occurring during the scope and course of employment with the City of Denton. The disciplinary action will be termination. Supervisors who suspect an employee is involved in some drug-related activity will notify their Department Director and Director of Human Resources, or designee, immediately to determine appropriate actions. All supervisory personnel shall read and be familiar with this policy, policy 108.12, and the City's Employee Assistance Program. HR/POLICY/108.11 PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: DRUG AND ALCOHOL FREE WORK PLACE REFERENCE NUMBER: 108.11 APPENDIX I CITY OF DENTON DRUG AND ALCOHOL FREE WORK PLACE POLICY It is the policy of the City of Denton to provide employees with a working environment that is free of the problems associated with the use and abuse of alcohol and controlled substances. The use of alcohol and controlled substances is inconsistent with the behavior expected of employees and subjects the City to unacceptable risks of work place accidents or other failures that would undermine the City's ability to operate effectively and efficiently. Noncompliance with the policy set forth below will result in disciplinary action, including termination for a first offense. II. III. IV. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on non-working time to the extent such activity impairs an employee's ability to perform his or her job, or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City policy will be subject to disciplinary action, which may include termination for a first offense. Employees are prohibited from possessing, consuming or transporting any alcoholic beverages or other intoxicating substances on City property at any time when conducting City business or when performing their job duties an~l responsibilities (see Policy 108.12). Employees who are convicted of controlled substances-related violations or alcohol-related violations based on actions occurring during the scope and course of employment with the City of Denton under state or federal law or who plead guilty or "no contest" to such charges will be terminated. Employees must report the conviction to the Director of Human Resources or designated representative and Department Director or designated representative within five (5) business days. Employees who are arrested for controlled substances-related violations or alcohol-related violations based on actions occurring during the scope and course of employment with the City of Denton must report the arrest to the Director of Human Resources or designated representative and Department Director or designated representative as soon as possible but no later than twenty-four (24) hours. Failure to do so will result in disciplinary action, up to and including termination from employment for a first offense. I have read and understand the foregoing policies and agree to abide by the terms and conditions set forth. Employee Name (Please Print or Type) Department/Division Employee Signature Date Controlled Substance is defined to mean those drugs listed in Schedules I through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C. § 812, and includes, but is not limited to, marijuana, cocaine (including "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drags" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid proscription (as defined in section IV of policy 108.12). ,~lcohol is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation containing ethyl alcohol. Intoxicating Substance is defined to mean those substances that are being utilized for the intentional purpose of causing a physical or mind-altering state. HR/POLICY/108.11 4 CITY OF DENTON PAGE1 OF 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.12 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 07/15/91 TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION LAST REVISION DATE: POLICY 12/10/02 POLICY STATEMENT: The City of Denton recognizes that employee substance abuse can have a serious, adverse impact on its image as a major employer in Denton, its ability to deliver quality services to its citizens, and the general health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our society and the adverse effect on employee health, safety and productivity in the work place requires the establishment of an Anti-substance Abuse and Rehabilitation Program. The City, in considering its dally operations of providing quality services to its citizens, recognizes its responsibility to implement appropriate measures necessary to the safe, efficient, and effective use of its resources, people, facilities, equipment, and finances. It is the City's responsibility to ensure public trust and in doing so must implement comprehensive safety measures that protect the well-being of its employees and citizens. It is the policy of the City that employees are prohibited from manufacturing, using, possessing, selling, distributing, consuming or transporting any controlled substances as defined by the Federal Controlled Substances Act or the Texas Controlled Substances Act, or any alcoholic beverages or intoxicating substances on City property or at any time when conducting City business or performing their job duties and responsibilities, including during any lunch or rest breaks that may be given in which the employee is required to retom to work immediately following. An employee is prohibited from performing his or her job duties while under the influence of alcohol or drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter substances. An employee shall not have drugs or alcohol in his or her urine, blood stream, or breath except pursuant to a valid personal prescription. An employee shall not use or possess alcohol outside of work hours on City property where prohibited by this policy, state or local law. An employee should not use or possess alcohol or drugs during any lunch or rest breaks that may be given in which the employee is required to retum to work immediately following. The employee shall not use alcohol or drugs while wearing a City of Denton uniform or any other article of clothing fumished by the City to employees with an approved City of Denton logo(s) (refer to Public Usage and Standards Policy no. 505.02) or name, irrespective of whether the employee is on duty. Page 2 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 There is no intent to intrude upon the private lives of employees or applicants. However, the City is concerned with those job-related situations where the use of drugs or alcohol interferes with the health and safety of employees and the public, affects the employee's work performance during work hours, adversely affects the job performance of other employees, is considered serious enough to be detrimental to the City's conduct of business, or affects the reputation of the City to the general public or threatens its integrity. It is the policy of the City to have zero-tolerance in the case of employees with confirmed positive tests for drugs or alcohol and to deny employment to applicants with confirmed positive tests for drugs. The City of Denton complies with all applicable regulations and drug and alcohol testing programs, including the Department of Transportation (DOT) and American with Disabilities Act (ADA). Unless otherwise specified, the City of Denton has adopted the drug and alcohol testing procedures and guidelines of the DOT. This policy applies to all employees, regular full-time, regular part-time, temporary and seasonal. Civil Service employees are subject to the applicable provisions of Chapter 143 of the Texas Local Government Code, Local Rules of the City of Denton Fire Fighters and Police Officers Civil Service Commission, and the general orders of the Police and Fire Departments, which may include the provisions of this policy. ADMINISTRATIVE PROCEDURES: I. Definitions A. Adulterated test results occur when an agent is added to the urine sample by the donor at the time of collection in an attempt to prevent detection of drug use. B. Alcohol is defmed as ethyl alcohol. Alcohol, as used herein, includes any beverage, mixture or preparation containing ethyl alcohol. C. Alcohol testing is testing for blood alcohol content by an intoxilizer instrument device operated pursuant to state law. Do Cut-off levels are established by analytical methods in the laboratory to determine a quantitative level of a drug in the body. The specific cut-off level is a standard selected by the DOT. City property or Premises for purposes of this policy, includes ALL property, facilities, buildings, structures, parking areas and vehicles owned, operated, leased or under control of the City. An employee is not considered in violation of this HIUPOLICY/108.12 Page 3 of 17 POLICY/ADMINISTRATIVEPROCEDURE/ADMINISTRAT1VEDIRECTIVE(Continued) TITLE: ANTI-SUBSTANCEABUSEANDREHABILITATION REFERENCENUMBER:108.12 policy is: 1. 2. by transporting or possessing alcoholic beverages on City streets if he or she offduty; not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name; not operating a City-owned, leased, or borrowed vehicle; in a public access area; and is in compliance with ail applicable laws. Detectable levels indicates the presence of a drug or substance found in the body in amounts exceeding an established cut-off level. A detectable level of alcohol, as defined by the DOT, is .01 or greater. Drug is a controlled substance, controlled substance analogue, narcotic drug or opiate as defined in Schedules I-V of the Federai Controlled Substance Act, or the Texas Controlled Substance Act, Texas Heaith & Safety Code, Chapter 481, if obtained or used without a vaiid prescription for the user or possessor (refer to section IV of this policy). This definition includes but is not limited to marijuana, hashish, cocaine, heroin, morphine, codeine, amphetamines, barbiturates, hailucinogens, inhalants producing mood and mind-aitering vapors and substances chemically similar to these drugs. Drug test is the collection of a urine specimen by trained personnel, laboratory analysis of that specimen by Enzyme Immunoassay (EMIT) screening, and confirmation of drug-positive EMIT tests using gas chromatography/mass spectrometry (GC/MS) methods and procedures, or other medicaily acceptable technology deemed appropriate by the City of Denton. Emergency Call-Back is defined as those employees that on a continuous basis may be asked, but are not scheduled, to report to work outside of normai working hours in an emergency situation. Impaired is an employee's diminished capacity to perform duties of the job as determined by a supervisor and/or physician statement. Intoxicating substances is defined to means those substances that are being utilized for the intentional purpose of causing a physicai or mind aitering state. Negative Dilute test results occur when the creatinine and specific gravity levels approach "substituted' values, which might indicate that an attempt has been made by the donor to avoid drug detection. HR/POLICY/108.12 Page 4 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION ] REFERENCE NUMBER: I 10g.12 M. On-Call is defined as a period of time during which an employee is advised by his/her supervisor to be accessible for return to work for operational requirements that may develop outside normally scheduled work hours. Paraphernalia is defined as equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a drug or in injecting, ingesting, inhaling, or otherwise introducing into the human a body a drug. Positive Dilute test results occur when it has been determined by the laboratory through confirmation of the creatinine and specific gravity values that an attempt was made by the donor to avoid drug detection by "flushing out" the drug or by lowering the level of the drug to a concentration less than that of the testing cutoffs. Random testing describes the process of testing that assures that each employee has an equal chance of being tested each time covered employees are selected for testing. All test results and selected employee names are confidential, and records are maintained separate from employee personnel files. The Department of Transportation (DOT) regulates the percentage of covered employees who are to be randomly tested for drugs and alcohol per calendar year. Employees in other "safety sensitive" positions (as defined in section I-O of this policy) are tested at a minimum of the rate as employees falling under DOT. Reasonable suspicion is a suspicion based on some objective fact derived from the surrounding circumstances to lead a reasonable person to suspect that an employee may be under the influence of alcohol or prohibited substances while on duty. Safety-sensitiveposition is a job where an employee's use of drugs or alcohol could create a threat to safety whereby the employee's ability to perform assigned duties is impaired and the performance of those duties in such mental or physical condition creates or could create a safety hazard that has caused or could cause injury or harm to the employee or other employees or citizens or damage to property. Examples of"safety-sensitive" positions may include, but are not limited to: HIUPOLICY/108.12 Page 5 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TlTLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE108.12NUMBER: III. a. positions involving the use of a vehicle as a primary duty (over 50% of time) b. positions using a deadly weapon c. positions with access to controlled substances d. positions falling under the Department of Transportation roles and regulations e. fire civil service personnel f. designated personnel in water and electric utility Substituted test results occur when the creatinine concentration of the urine sample is less than or equal to 5 mg/dL and the specific gravity of the urine sample is less than or equal to 1.001 or greater than or equal to 1.020. These results suggest that the donor has altered the specimen to avoid detection of drug use. Unsuitable for testing test results occur when unidentified adulterants or endogenous products are detected in the donor's urine and interfere with any of the testing process. U. Zero-tolerance is defined as a positive drug or alcohol test based on cut-off levels as determined by the DOT. II. Reasons for Drug and/or Alcohol testing A. Pre-Employment B. Reasonable suspicion C. Post-Accident D. Move from a "non-safety" position to any "safety-sensitive" position E. Move from a "safety-sensitive" position as defined by the City to a "safety- sensitive" position as defined by the Department of Transportation (DOT) F. Random Prohibited Items. The manufacture, use, possession, sale, distribution, consumption or transportation of any of the following substances by employees while on City property, conducting City business, or performing job duties and responsibilities is prohibited. These violations will result in notification of appropriate law enforcement personnel, reasonable suspicion drug and/or alcohol testing and will result in disciplinary action, up to and includ'mg termination. A. Drugs (as defined in section I-G of this policy) Alcoholic beverages or other intoxicating substances (as defined is sections I-B and I-K of this policy) --however, an employee may possess, consume or transport alcoholic beverages while off duty (in compliance with section I-E of this policy) HRJPOLICY/10$.I2 Page 6 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 IV. unless local or state law otherwise prohibits the possession or consumption of alcoholic beverages. C. Drug paraphernalia (as defmed in section I-N of this policy). Prescriptions and Over-The-Counter Medications. Prescriptions and over-the-counter medications are prohibited except when all of the following conditions are met: A. The prescription drugs are prescribed by a licensed physician for the person in possession of the drugs; B. The prescription must be readily available for verification; C. The prescription has been filled by a registered/licensed pharmacist within the last twelve (12) months for the person possessing the drug or medication; D. The drugs or medications are ingested or administered only in the prescribed or recommended therapeutic dosages; and The employee taking the drug or medication has informed his or her supervisor that he or she is taking a medication that could impair his or her ability to perform his or her job duties, including but not limited to the operation of motor vehicles or moving machinery or equipment. The City at all times reserves the right to have a designated City physician determine ifa prescription drug or medication produces hazardous effects and may restrict the job duties performed while using any drug or medication accordingly. V. Conferences Employees attending training and conferences may participate in social functions associated with the conference. This may include the consumption of alcohol, so long as the employee is not wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name and the employee's conduct does not reflect adversely upon the City. Employees who consume alcohol at these functions shall follow the law and exercise caution in driving personal vehicles and shall not operate a City-owned, City-leased, or City-rented vehicle. VI. Emergency Call-Back Employees subject to continuous emergency call-back are required to declare to their supervisors the use of alcohol or drugs including prescribed medication that might HR/POLICY/108.12 Page 7 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 VII. affect their ability to perform under an emergency. The supervisor shall determine if the employee is fit to work and in what capacity. On CaH Because employees with on call status are potentially required to be actively working, an "on call" employee is prohibited from consuming alcoholic beverages or using drugs which may impair his or her performance. If an employee is taking prescription medication that may impair his or her performance when called back to work, he or she should notify his or her supervisor. The supervisor shall determine if the employee is fit to work and in what capacity. VIII. Use of Substances Outside of Work Hours An employee shall not use or possess drugs or alcohol outside of work hours on City property as defined by section I-E, including during any lunch or rest breaks that may be given in which the employee is required to return to work immediately following. An employee shall not use alcohol or drugs before or after work hours while wearing a City of Denton uniform or any other article of clothing furnished by the City to employees with an approved City of Denton logo(s) or name. IX. Notice of Testing Policy The Human Resources Department shall provide informed and/or written notice of its drug and alcohol testing policy to all applicants and employees. The notice shall contain the following information: 1. the need for drug and alcohol testing; 2. the circumstances under which testing may be required; 3. the procedure for confirming an initial positive drug and/or alcohol test result; 4. the consequences of a confirmed positive test result; 5. the consequences of refusing to undergo a drug and/or alcohol test; 6. the appeal procedures available for a positive test result; and 7. the availability of drug abuse counseling and referral services. Applicants will be notified of the City's policy to conduct drug testing as part of the employment process. When an applicant reports to a testing site for testing, he or she shall first present a valid picture identification, such as issued by the Department of Public Safety or a passport, and one other form of identification to the tester. X. Consent HRIPOLICY/108.12 Page 8 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Before a drug or alcohol test is administered, the employee or job applicant will be required to sign a consent form authorizing the test and permitting release of test results to those City officials with a need to know, except those exempt pursuant to DOT regulations. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's drug testing policy. By continuing employment with the City of Denton, employees have consented to the adoption of this policy and testing program. A. Refusal to Test 1. Applicants: A job applicant who refuses to consent to a drug test will be denied employment with the City. 2. Employees: An employee who refuses to take a drug and/or alcohol test will be subject to termination. The consent form shah not be altered or changed by the applicant or employee. Altering or refusing to sign the consent form shah be considered a refusal to consent to the drug and/or alcohol test. B. Complaints or Grievances Any complaints or grievances about the testing procedure are to be made by the employee through his/her normal chain of command pursuant to the City of Denton Problem Solving Policy 115.02. Those conducting the testing shall not be harassed or abused either verbally or physically during any drug or alcohol testing procedure. Any conduct that is perceived by the testing personnel as harassing or verbally or physically abusing will be deemed as falling to cooperate fully with the collection of breath and urine samples and shall be considered as insubordination and thus subject to disciplinary action up to and including termination. C. Right to Request Additional Test Prior to testing of the sample, an employee or applicant may request to give a second sample of urine at the same time and at the same collection site as the first sample, and have the sample analyzed at the same or different laboratory under the following conditions: a. The laboratory conducting the test must be approved by the City of Denton and follow the external chain-of-custody procedures as required by this policy, and be certified as set forth by this policy. b. All costs for a second collection and second analysis must be paid by the applicant or employee. Page 9 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 XI. Types of Testing A. Pre-Employment (Job Applicant Testing) Upon a conditional offer of employment, all applicants are required to pass a drug screen prior to his or her final appointment. An applicant will be notified of drug testing at the tune of application and will be allowed the opportunity to withdraw his or her application anytime upon request. B. Reasonable Suspicion The decision to conduct reasonable suspicion drug and/or alcohol test will be determined on a case-by-case basis. 1. Criteria which may be used by appropriately trained management and supervisory personnel to determine if a test for an employee is necessary include but are not limited to the following: a. Observed alcohol or drug use during working hours b. Apparent physical state of intoxication or drug induced impairment of motor function c. Incoherent or irrational mental state d. Marked changes in personal behavior or attitude not attributable to other factors e. Deteriorating work performance, attendance or tardiness problems not attributable to other factors Information received fi.om appropriately trained sources in determining reasonable suspicion that indicates the employee has been involved in alcohol or drug use Other employee actions or conduct that leads to a suspicion of drug or alcohol use such as presence of physical symptoms that may include glassy or blood-shot eyes, alcohol beverage odor on breath, slurred speech, poor coordination or reflexes, unsteady gait, mood changes (including inappropriate gaiety or lethargic behavior), unpredictable responses to ordinary requests, etc. which leads managers and supervisors Page 10 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) iTITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 to believe that the employee is under the influence of alcohol or drugs, suffers from substance abuse or is in violation of City or departmental rules, regulations, or procedures concerning the use of such substances. h. Any violation of the City of Denton's Drug Free Work Place Policy (108.11) 2. Supervisory Procedures in the Event of Reasonable Suspicion An appropriately trained supervisor may require an employee to undergo drug and/or alcohol testing if the supervisor has reasonable suspicion that the employee is under the influence of drugs and/or alcohol during work hours as described above (in compliance with section XVI of this policy). Supervisors are required to complete an "Observation Checklist" (attachment A) to list the symptoms or observations which formed the basis for their determination that reasonable suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the Human Resources Depamnent. The facts underlying the determination of reasonable suspicion should be disclosed to the employee at the time of request. If an employee refuses to consent to a reasonable suspicion test, he/she should be escorted to the Human Resources department if during normal work hours. If after normal work hours, he/she should be escorted home and placed on administrative leave with pay until contacted by his or her supervisor. Co Once reasonable suspicion has been established by the supervisor with consultation by the Human Resources Department, an employee must submit to an alcohol and/or drug screen immediately upon request. The employee's supervisor shall give the employee a direct order, as a condition of employment, to submit to an alcohol and/or drug screening with the warning that refusal to comply will result in termination. The employee shall be further instructed to cooperate throughout the alcohol and/or drug screening procedure, including following all directions received from trained personnel at the alcohol and drug screening collection site. The employee, in no case, shall be permitted to continue working or remain unattended while screening approval or arrangements are being effected. The employee will be placed on administrative leave with pay pending results of the test. HR/POLICY/108.12 Page 11 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 e. The department supervisor shall immediately, if during normal weekday office hours (7:00 a.m. to 5:00 p.m., Monday through Friday), notify the Director of Human Resources or designated representative in the Human Resources Department to arrange for the appropriate alcohol and/or drug screening. If the necessity to arrange for an alcohol and drug screening occurs outside these business hours, the supervisor must escort the employee to the designated drug screening collection site. The employee shah always be escorted to the alcohol and/or drug screening collection site by appropriate supervisory personnel or other departmental authority. The employee shah never be permitted to operate a motor vehicle. Supervisory personnel or appropriate medical personnel shall remain with the employee at all times and shall take the necessary actions to prevent the employee's alteration or falsification of the alcohol and drug screen procedure. An appropriate chain-of-custody procedure will be followed at the collection site to ensure the accuracy and integrity of the testing procedure and test results. Post Accident Vehicular Accidents (includes City vehicles, leased vehicles, personal vehicles, rental vehicles, or borrowed vehicles if being operated to conduct City business): An employee should ALWAYS be tested for DRUGS if any one or more of the following conditions apply: a. there has been a death to a citizen or another employee during work hours b. there has been an injury to an employee or citizen during work hours that requires immediate treatment at a doctor's office or hospital c. there has been more than $1000 total damage to City and/or citizen property during work hours d. there has been a motor vehicle accident on a public street during work hours and the police officer issues a citation to the employee 2. An employee should ALWAYS be tested for ALCOHOL if any one or more of the following conditions apply: FIR/POLICW108.12 Page 12 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 a. there is reasonable suspicion as determined by an appropriately trained supervisor an employee has a commercial driver's license and is required to use the license to perform Ms/her job duties and has an accident while using his/her commercial driver's license that involves one or more of the following: i. a human fatality, ii. a bodily injury which requires immediate medical treatment away from the scene AND a citation is issued to the employee (a DOT test is not required ifa citation is not issued) iii. there has been disabling damage to any motor vehicle requiring tow away AND a citation is issued to the employee (a DOT test is not required if a citation is not issued). A drug test must be conducted along with ANY post-accident alcohol test. Under no circumstances should a post-accident test be waived ~f any qf the above criteria are meL If required, an alcohol test should be conducted immediately (if there are no incapacitating injuries). If an alcohol test is not conducted within two (2) hours after the accident, a memo should be written as to why an alcohol test was not conducted within that time frame. This memo should be forwarded to the Human Resources department to be filed. All attempts to test should cease if it has been longer than eight (8) hours. A drug test should be conducted immediately (if there are no incapacitating injuries). If a drug test is not conducted within two (2) hours, a memo should be written as to why a drug test was not conducted within that time frame. This memo should be forwarded to the Human Resources Department to be filed. All attempts to test should cease if it has been longer than thirty-two (32) hours. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an accident has occurred so that appropriate action can be taken. Failure to report an accident will result in disciplinary action. HRIPOLICY/108.12 Page 13 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE108.12 NUMBER: Employees who are tested as a result of an accident may return to work and assigned duties of a "non-safety" sensitive nature until the results of the test are confirmed negative. Once the results are confirmed negative, the employee may be reassigned "safety-sensitive" duties. In the event of a post-accident or reasonable suspicion drug and/or alcohol test, the employee shall not be permitted to operate a motor vehicle or any equipment that could present a danger to the health, safety, or welfare of the public, co-workers, or the employee until results are confirmed negative. Personal Injuries: If at the time of injury, it is determined by the employee, supervisor, and/or other trained professional that medical treatment at a doctor's office or hospital will be required, a post-accident drug and/or alcohol screen should be conducted. A drug test should be conducted immediately; however, if the need for medical treatment is not determined within two (2) hours of the supervisor being notified of the injury, any attempt to test should cease. An alcohol screen should only be conducted if there is reasonable suspicion that the employee is under the influence of alcohol. It is the employee's responsibility to contact his or her supervisor immediately, unless incapacitated, after an injury has occurred so that appropriate action can be taken. Failure to report an injury will result in disciplinary action. The Director of Human Resources or designated representative of the Human Resources Department shall be responsible for notifying the Department Director or designee of the alcohol and/or drug screening results as soon as this information is available. When requested, copies of the laboratory report reflecting the alcohol and drug screening results shall be transmitted to the aforementioned officials when the report is available. D. Employees Transferring to Other Jobs within the City Any employee moving from a "non-safety" sensitive position to a "safety- sensitive" position or moving from a "safety-sensitive" position (as defined by the City) to a DOT "safety-sensitive" position (as defined by the Department of Transportation) will be required to pass a drug screen as a condition of fmal appointment. HRIPOLICY/108.12 Page 14 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) iiT~TLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE NUMBER: 108.12 Questions conceming whether a specific position is deemed safety-sensitive should be addressed to the Human Resources Department. E. Random testing 1. Federally Regulated Random testing In response to the DOT 49 CFR regulations, employees who are in positions that require the use of a commercial driver's license (CDL) are subject to random drug and alcohol testing according to federal regulations and guidelines. 2. Random testingper City of Denton Policy Employees in positions which are considered safety-sensitive positions (as defined by section I-O of this policy) are subject to random drug and alcohol testing. Questions conceming whether a specific position is deemed safety sensitive should be addressed to the Human Resources Department. XII. Confirmation of Test Results If the initial alcohol or drug screen is positive, a second test of the same sample will be performed to confirm results. An employee or applicant who does not pass the drug test may request a retest of the original sample within three (3) business days of his or her receipt of the drug test results. The employee or applicant may request retesting by the same laboratory or by a second laboratory that is certified to perform drug tests by the SAMHSA (Substance Abuse and Mental Health Services Administration. The originating laboratory must follow the external chain-of-custody procedure outlined in the SAMHSA mandatory guidelines for federal workplace drug testing programs when transferring the sample. If the two tests have conflicting results, a third test will be mn at a different approved lab and funded by the City. The result of the third test will be binding. Any employee requesting a retest of the original sample will be required to use any accrued vacation or compensatory time (for non-exempt employees) pending the results of the test. If no time is accrued, the employee will be placed on administrative leave without pay. If the final test is confmned negative, the employee will be reimbursed for the time placed on administrative leave. B. Procedures for Dilute, Unsuitable, Substituted, or Adulterated Drug test Results 1. If the initial drug screen is reported as a negative dilute, the applicant or employee must provide a new sample as soon as possible. HIUPOLICY/108.12 Page 15 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE108.12 NUMBER: 2. If the initial drug screen is reported as apositive dilute, this will be considered a refusal to test (as defined in section X-A). 3. If the initial drug screen is reported as unsuitable or rejected for testing, the employee or applicant must provide a new sample under direct observation as soon as possible. 4. If the initial drug screen is reported as substituted or adulterated, this will be considered a refusal to test (as defined in section X-A). C. Consequences of a Confirmed Positive Test Result Applicants: A job applicant will be denied employment with the City if his or her initial positive test results have been confirmed. Applicants who are denied employment due to a positive drug test result must walt one year before applying for another position with the City. Employees: If an employee's positive test result has been confirmed, the employee will be terminated. If an employee is temainated because of a positive test result, he/she must wait two years before applying for another position with the City. Detectable levels and Confirmed Positive Results of Alcohol: a. If an employee's confirmed test result is between .001 and .019, he/she will be removed immediately from his/her safety-sensitive position until there is no detectable level of alcohol in his/her system and will be subject to discipline, up to and including termination. b. If an employee's confirmed test result is between .02 and .039, he/she will be removed immediately from his/her safety-sensitive position for a minimum of twenty-four (24) hours and be subject to discipline, up to and including termination. c. If an employee's confirmed test result is .04 or greater, he/she will be terminated. HR/POLICY/108.12 Page 16 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION I REFERENCE NUMBER: I 108.12 XIII. EAP Self-Referral Except for sworn Police Officers, Public Safety Dispatchers, Civilian Jailers, and School Crossing Guard employees in the Police Department, disciplinary action may not be taken against employees who voluntarily identify themselves as having a drug or alcohol problem and obtain counseling and rehabilitation through the City's Employee Assistance Program. However, employees are responsible for violation of policies and procedures and for performing job duties and responsibilities at an acceptable level. Disciplinary action may be imposed for an employee who violates policies and procedures or fails to properly perform job duties and responsibilities. An employee may not make a self-referral in order to avoid a potential drug or alcohol test or disciplinary action. An employee may only self-refer once. Employees will be required to enter into an agreement with the City, which will include participation in a follow-up testing program. XIV. Confidentiality of Test Results All information from an employee's or applicant's drug and alcohol screen shall be disclosed only to those with a need to know of test results, including the City Manager, City Attorney, Human Resource Director or Designated Employer Representative, Administrator of Occupation Health Services and Department Head and/or Supervisor. The City and its agents may communicate test results among themselves for official purposes both orally and in wrifmg, and at a judicial or administrative proceeding, including applicable state or federal agencies. Disclosure of test results to any other person, agency, or organization is prohibited to persons not eligible to receive the test results under any applicable law. The results ora positive drug test shall not be released until the results are confn'med. XV. Laboratory Testing Requirements All drug and alcohol testing of employees and applicants shall be conducted at facilities or laboratories selected by the City. To be considered as a testing site, a facility or laboratory must submit in writing a description of the procedures that will be used to maintain test samples. Factors to be considered by the City in selecting a testing facility include: A. Testing procedures that ensure privacy to employees and applicants consistent with the prevention of tampering; B. Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results; C. Chain-of-custody procedures which ensure proper identification, labeling, and handling of test samples; and HR/POLICY/108.12 Page 17 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFERENCE108.12 NUMBER: D. Retention and storage procedures that ensure reliable results of confirmatory tests of original samples. XVI. Education and Training Ao The City shall train supervisory personnel on the physical, behavioral, and performance indicators of probable drug use and alcohol misuse. The City shall also train employees covered under the DOT on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use. XVII. Employment At-Will Like all other City of Denton policies, this policy does not alter the employment at-will relationship. This provision shall not be construed as creating contractual rights or as establishing a "just cause" disciplinary or termination standard. HIUPOL1CY/108.12 RESOLUTION RESOLUTION NO. J~ 00~ -- 0,~--7 A RESOLUTION OF THE CITY OF DENTON, TEXAS, POSTPONING THE REGULAR CITY COUNCIL MEETING OF DECEMBER 3, 2002 TO DECEMBER 10, 2002 TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE; CANCELING THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 17, 2002, TO ALLOW COUNCIL MEMBERS AND CITY STAFF TO TRAVEL TO NEW ORLEANS TO SUPPORT THE UNT SUN BELT CONFERENCE CHAMPIONSHIP FOOTBALL TEAM WHICH WILL PLAY THE UNIVERSITY OF CINCINNATI IN THE NEW ORLEANS BOWL; PROVIDING RETROACTIVE EFFECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 4.1 of the City Council Rules of Procedure requires the City Council to meet on the first and third Tuesday of each month unless the meeting is postponed or canceled for valid reasons; and WHEREAS, several members of the City Council and City staff wish to attend the National League of Cities Convention which begins on December 3, 2002; and WHEREAS, UNT's Football Team's victory over New Mexico State on November 16, 2002, clenched their second consecutive Sun Belt Conference title and UNT has accepted a bid to play the University of Cincinnati at the New Orleans Bowl on December 17, 2002; and WHEREAS, several members of the City Council and the City staff desire to travel to New Orleans to attend the New Orleans Bowl and support the UNT Football Team; and WHEREAS, for the above reasons, the City Council deems it in the public interest to postpone the regular Council meeting of December 3, 2002 to December 10, 2002 and to cancel the regular scheduled meeting of December 17, 2002; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The regularly scheduled meeting of December 3, 2002 is postponed to December 10, 2002 to in order to allow members of the City Council and City staffto travel and take part in the National League of Cities Conference. SECTION 2. The regularly scheduled City Council meeting of December 17, 2002 is hereby canceled to allow members of the City Council and City staff to attend the New Orleans Bowl to support the UNT Football Team. SECTION 3. The City Council finds that these are valid reasons for postponing the regular meeting of December 3, 2002, and canceling the December 17, 2002 meeting and declares that this Resolution shall have retroactive effect. SECTION 4. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVEDthisthe /~ day of ~~ ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADDING SUPPORT FOR REGIONAL TRANSPORTATION AUTHORITIES AND FOR FUNDING FOR REGIONAL TRANSPORTATION AUTHORITIES TO THE CITY OF DENTON'S LEGISLATIVE PRIORITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, mobility throughout the North Texas area is a key element of a continued positive quality of life and economic viability; and WHEREAS, the City of Denton finds that to maintain mobility, enhance the quality of life for citizens, promote economic development, and address issues associated with reducing roadway congestion and achieving federal air quality mandates, a Regional Transportation Authority must be created; and WHEREAS, legislation and funding are necessary to create a Regional Transportation Authority; and WHEREAS, the City of Denton desires to urge the State Legislature to provide legislation and policy changes to create a Regional Transportation Authority with funding for Regional Transportation Authorities in the form of either raising the existing cap on sales tax or allowing the cap to be raised on a local option basis, boosting the gasoline tax, by adding 5 to 10 cents a gallon to the existing 20 cents taken by the state and the 18.3 cents taken by the federal government, and providing state fimds to the Texas Mobility Fund to provide for revenue bonds to be used for Regional Transportation Authorities and for any other fimding for Regional Transportation Authorities; and WHEREAS, the City of Denton desires to add support for Regional Transportation Authorities and for funding for Regional Transportation Authorities to the City of Denton's Legislative; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City of Denton urges the State Legislature to provide legislation and policy changes to create a Regional Transportation Authority with funding for Regional Transportation Authorities in the form of either raising the existing cap on sales tax or allowing the cap to be raised on a local option basis, boosting the gasoline tax, by adding 5 to 10 cents a gallon to the existing 20 cents taken by the state and the 18.3 cents taken by the federal government, and providing state funds to the Texas Mobility Fund to provide for revenue bonds to be used for Regional Transportation Authorities and for any other funding for Regional Transportation Authorities. Page 1 SECTION 2. That support for Regional Transportation Authorities and for funding for Regional Transportation Authorities be added to the City of Denton's 2003 State Legislative Program for the City of Denton. SECTION 3. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter and the City of Denton and it is accordingly so resolved. PASSED AND APPROVED this the/~ day of ~/77~_~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2