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Home My WebLink AboutResolutions R2003-001 to R2003-043RESOLUTION RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAK1NG CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational 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 proceeded in the development of a plan of finance and has issued 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 additional funds are now needed to continue the program; WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended, a public hearing was conducted, following reasonable public notice, with respect to the issuance of those student loan revenue bonds of the Authority which are tax-exempt; and WHEREAS, the Authority requests that the City approve the Authority's issuance of bonds, to be issued in one or more series, as needed, to augment the Authority's student loan program; WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE CITY COUNC1L 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 student loan revenue bonds or other obligations, in one or more series in an amount not to exceed $300,000,000, for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended; refunding outstanding obligations of the Authority; and setting aside/he 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. 45141397.2 -1- 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. approval. PASSED AND APPROVED this the~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: HERBallY ATTORNEY This resolution shall become effective immediately upon its passage and _ day of( ~~ 2003. 45141397.2 -2- RESOLUTION S:\Our Documents\Legislation\02 State\Legislation Amendment Resolution.doc RESOLUTION NO. ~0~-~ ! A RESOLUTION AMENDING RESOLUTION NO. R2002-54 OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM; PROVIDING A REPEALER; 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 which was adopted by Resolution No. R2002-54; WHEREAS, the City of Denton desires to amend Resolution No. R2002-54 to clarify some of the background information and to adopt its legislation program, attached as Exhibit "A", NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That Resolution No. R2002-54 is hereby amended and 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. 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. S:\Our Documents\Legislation\02 State\Legislation Amendment Resolution.doc SECTION 8: 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY 2003. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Cit.y_of Denton 2003 State Legislative Program State of Texas 78th Legislative Session As approved by the Denton City Council January 7, 2003 TABLE OF CONTENTS CITY OF DENTON MAYOR AND CITY COUNCIL ........................................................... CITY MANAGER, CITY ATTORNEY AND CITY STAFF ................................................... DENTON CITY COUNCIL RESOLUTION ADOPTING LEGISLATIVE PROGRAM .................. Transportation Issues · Support the creation and funding of Regional Transportation Authorities. · Support amendments to Coordinated Transportation Authorities which created the Denton County Transportation Authority. · Support the Texas Municipal League's Transportatiun initiatives. · Require Higher Education Authorities to notify cites and receive consent before forming. · Hotel/Motel Tax Issues - Support legislation to allow a city to charge an additional 2% for Convention Centers and to clarify the use of hotel/motel tax funds. · Public Library Funding and Telecommunications Fund. · Oppose - Enacting a sales tax exemption that isn't a local option exemption. · Oppose - Enacting a property tax exemption that would be substantial erosion of the tax base. · interact sales tax. Homeland Security Issues · Support legislation amending Chapter 418 of the Texas Government Code to allow increased funding for Homeland Security. · Support legislation to limit disclosure of public information beneficial to terrorist organizations. · Support legislation to allow security briefings in closed session under the Open Meetings Act. Erosion of Local Control Oppose legislation limiting the ability of cities to control the right of way and to collect Franchise fees. Development Issues and Fees - Retain local control over development and development fees · Oppose legislation eroding a city's development authority. · Oppose legislation creating special districts in a City's ETJ. Economic Development Issues · Retain a state level presence and Retain beneficial programs in Economic Development. · Allow cities with a population over 50,000 to have Logo Reader Boards. Support Legislation that directly affects University of North Texas and Texas Women's University · Support full funding formulas for state universities and improved public education programs to to promote more college graduates. · Support full funding for the University of North Texas to implement the College of Engineering. Support Denton 1SD · Support increasing the state share of the Foundation School Program. · Increase the fiscal capacity of the school f'mance system. · Increase state funding for children with special needs. · Add a factor to school funding for exempt state and federal property. 2 3 4 9 10 10 10 11 11 11 11 12 12 13 13 13 14 14 14 14 15 15 15 Denton Municipal Electric Legislative Objectives City of Denton 2003 State Legislative Program Page 1 City of Denton City Council Members Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201 Voice Mail for all of Council - 349-8555 Mayor Euline Brock 1900 Westridge Denton, TX 76205 E-mail: mayor@iglobal.net Office: 349-7717 Home: 382-2436 Cell: 391-4940 Fax: 381-0106 Council Member - District 1 Raymond Redmon 1029 E. Hickory Denton, TX 76205 E-mail: raymond.redmon@ci~ofdenton.com Office: 323-2301 Home: 323-2300 Cell: 390-9475 Pager: 888-298-2383 [press 3//to leave message] Council Member - District 2 Jane Fulton 729 Greenwood Denton, TX 76209 E-mail: iane. fulton@cityofdenton.com Home: 382-6888 Cell: 390-9485 Council Member - District 3 Michael Phillips 6605 Alderbrook Denton, TX 76210 E-mail: michael.phillips@cit¥ofdenton.com. Office: 369-3242 Home: 381-1521 Cell: 390-2296 Council Member - District 4 Perry McNeill 1508 Gatewood Drive Denton, TX 76205 E-mail: council4@iglobal.net Office: 565-2364 Home: 591-6080 Cell: 390-9463 Council Member Bob Montgomery 2329 E. Windsor Denton, TX 76209 E-mail: bob.montgomery@citigofdenton.com Home: 891-0051 Cell: 391-6545 Pager: 380-5140 Mayor Pro Tem Mark Burroughs (Annie 15 Royal Oaks Circle Denton, TX 76205 E-mail: markburr@iglobal.net Office: 382-4357 Home: 381-0046 Cell: 368-1146 Fax: 591-0991 City of Denton 2003 State Legislative Program Page 2 City Manager, City Attorney and City Staff The Denton City Council and staff would be glad to provide information, research issues and testify on the City of Denton 2003 Legislative Program. Municipal Offices: City of Denton 215 E. McKinney Denton, Texas 76201 www.citgofdenton.com Michael A. Conduff City Manager (940) 349-8307 Herb Prouty City Attorney (940) 349-8333 Ed Snyder Deputy City Attorney (940) 349-8333 David Hill Assistant City Manager Development Services (940) 349-8314 Kathy L. DuBose Assistant City Manager/Finance (940) 349-8228 Howard Martin Assistant City Manager Utilities (940) 349-8232 Jon Fortune Assistant City Manager/Public Safety and Transportation Operations (940) 349-8535 Sharon Mays Director Electric Utilities (940) 349-8487 John Cabrales Public Information Officer (940) 349-8509 If you or your legislative staff needs assistance from Denton or has any questions concerning Denton's Legislative Priorities, please contact: Dorothy Palnmbo, Senior Assistant City Attomey/Legislative Coordinator (940) 348-8393, (940) 382-7923 FAX, or email: doroth¥.palumbo ~,,citvo fdenton.com. Betty Williams, Director of Management and Public Information (940) 349-8302, (940) 349-8596 FAX, or email: bett~.williams~cityo fdenton.com. City of Denton 2003 State Legislative Program Page 3 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. R2002-54 OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM; PROVIDING A REPEALER; 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 which was adopted by Resolution No. R2002-54; WHEREAS, the City of Denton desires to amend Resolution No. R2002-54 to clarify some of the background information and to adopt its legislation program, attached as Exhibit "A", NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That Resolution No. R2002-54 is hereby amended and 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. 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 8: 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 Page 4 PASSED AND APPROVED this the day of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 5 Denton's Legislative Priorities City of Denton 2003 State Legislative Program Page 6 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 has received information from city staff and various groups within the community to set these priorities. Transportation Proposals · Support the creation and funding Authorities of Regional Transportation Background Information: 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 (1) either raising the existing cap on sales tax or allowing the cap to be raised on a local option basis, (2) 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 (3) 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. · Support for beneficial amendments to Section 460.051, et seq., of the Texas Transportation Code, Coordinated Transportation Authority which created the Denton Coun~ Transportation Authority Background Information: Voters of Denton County overwhelmingly approved the creation of the Denton County Transportation Authority. We ask our legislators to support any beneficial amendments to Section 460.051, the legislation which created Coordinated Transportation Authorities, which allowed the voters of Denton County to create the Denton County Transportation Authority. · Support the Texas Muncipal League's Transportation Initiatives 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: City of Denton 2003 State Legislative Program Page 7 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 or less street maintenance sales tax. Denton supports allowing any amount less than the current law of 1/4 cent. 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. To expedite highway improvements TXDOT procedures must be streamlined. Texas needs to look seriously 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. City of Denton 2003 State Legislative Program Page 8 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. The City of College Station has approximately 14 apartment complexes, which have been taken off the tax rolls and the City of San Marcos has had 2 apartments taken off the tax rolls under this law. 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. City of Denton 2003 State Legislative Program Page 9 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.1 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 and Telecommunications Infrastructure Fund 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. 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. I S][~ 91 1 enacted in I971. City of Denton 2003 State Legislative Program Page l0 · Support Internet Sales Tax Model Legislation. Background Information. 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. Homeland Security 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 Meetines 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 City of Denton 2003 State Legislative Program Page I 1 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. Erosion of local control over the Right-of-way · Oppose legislation limiting the abili~ 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. Development Issues and Fees · Retain local control over development and development fees. Background Information: During the past five years Denton has allocated major staff recourses and spent significant sums on creating a development strategy. Part of this strategy developed the Denton Plan, 1999-2020, which deals with Land Use, The Street, Urban Design, School placement and undeveloped areas on the edge of the city. In February 2002 the City Council adopted the Denton Development Code to implement the plan. Denton citizens do not want these achievements to be undermined by legislation eroding local control. City of Denton 2003 State Legislative Program Page 12 Oppose legislation creating special districts in the ETJ and enact legislation to require special 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. There are 12 flesh 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 be careful when creating special districts and make sure that special districts notify and receive permission from cities before forming. 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. 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 City of Denton 2003 State Legislative Program Page 13 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. Support Legislation that directly affects UNT & TWU Background Information: Denton supports full funding formulas for universities and 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. The University of North Texas needs full funding to implement the College of Engineering. Support Legislation that directly affects Denton 1SD 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. City of Denton 2003 State Legislative Program Page 14 · 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 orol~ert~. 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 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 City of Denton 2003 State Legislative Program Page 15 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 Denton'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. City of Denton 2003 State Legislative Program Page 16 RESOLUTION RESOLUTION NO. /~-~P~,~- ~ff~,~ ! A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"; and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the City of Denton desires to continue to lease parking spaces in order to recover the costs of the maintenance and improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Manager of the City of Denton, Texas, is hereby authorized to execute an agreement between the City of Denton and the County of Denton to lease parking spaces at the "Williams Trade Square," a copy of which agreement is attached hereto and incor- porated by reference herein. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED PROVED the of ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~PROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY DENTON LEASE AGREEMENT This Agreement is made and entered into by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WlTNESSETH: 1. Lessor leases to Lessee and Lessee leases from Lessor fifteen (15) parking spaces at the Williams Trade Square for a period of twelve (12) months commencing on the 1st day of October, 2002 and ending on September 30, 2003, at a monthly rate of seventeen dollars and fifty cents ($17.50) each to be occupied as a parking lot only. 2. Lessee will pay the rent monthly on the 1st day of month. 3. Lessee agrees to allow Lessor to have free access to the premises; to leave the premises, on termination of the lease, in good repair; not to assign nor sublet the premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee. 4. Lessor will provide the five (5) members of the Commissioners Court with a sticker permit authorizing parking in the Courthouse Square area without time limit, to be in effect during the term of this Agreement. 5. Lessor will provide the Facilities Director of Denton County with a sticker permit authorizing parking in the Courthouse Square area without time limit, to be in effect for one (1) year from the commencement of this Agreement. 6. Lessor will provide twenty-one Tuesday-only sticker permits authorizing parking in the Courthouse Square area on Tuesday momings (8:00a.m.-12:00p.m.) without any two hour time limits. These permits shall be in effect during the term of this agreement. 7. Lessee shall have the option to extend this Lease for eight (8) successive terms of twelve (12) months each at such rental that the City Manager shall establish. To exercise the option to extend, Lessee shall give Lessor sixty (60) days written notice of its intent to renew the Lease. Upon receipt of such notice, the City Manager shall give Lessee written notice of the increase, if any, in rental. Increases in rental shall be based upon economic conditions. IN W~SS WI~REOF, the parties hereto have executed this Agreement to be effective th~/-17- day of~I~f/LLU~ ,2003. LESSEE LESSOR Denton County Texas 1110 West Hickory Denton, Texas 76201 City of Denton 215 E. McKinney Denton, Texas 76201 HONORABLE M, AtRY HORN HONORABLE EULINE BROCK COUNTY JUDGe' / -o~'-O3 MAYOR ATTEST' ..-'x~k~.n.,. ,.t'~ST: AND EX OFFICIO CLERIQ~..-'~r~ THE CO~ISSlO~RS . ",,;,,,~ ,~?,,~ · .. ) . APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM ASSISTANT DISTRICT ATTORNEY HERBERT PROUTY, CITY ATTORNEY BY: S:\Our Documents\Contracts\03\Williams Trade Square Lease2.doc RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING THE HANDLING OF CASH BY CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Denton, Texas as a part of the services provided, collects cash monies in different forms to be paid to the City of Denton, Texas; and WHEREAS, The Assistant City Manager of Fiscal & Municipal Services has provided a revised policy regarding employee rules and regulations concerning cash handling; and WHEREAS, The City Council, desires to adopt such policy as an official policy regarding employee rules and regulations concerning cash handling with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Policy numbered 403.01 "Cash Handling Regulations" 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 thereby replacing the former 403.1. SECTION 2. 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. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ¢ ?/' __dayof ~2~~ ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERTBy: ~~L. P TY, C ATTORNEY S:\Our Doeuments~Resolutio~03\Cash Management Policy.doc CITY OF DENTON ^OE , oF to POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE REFERENCE NUMBER: 403.01 SUBJECT: CASH MANAGEMENT n~TL~L EFFECTIVE DATE: 06/01/99 TITLE: CASH HANDLING REGULATIONS LAST REVISION DATE: 01/2000 I. Purpose and Scope The Cash Management Program was established for the purpose of ensuring adequate internal controls to account for the handling of City Cash and to maintain public trust. The term "City Cash" applies to currency, coin, checks, credit, charge and debit card payments, other electronic payment media, and other negotiable instruments payable in money to the City. The procedures to enforce the cash management program are to include but are not limited to those outlined below: A. A random drawer audit conducted under the direction of the Director of Fiscal Operations. B. Any deficiencies in regard to the set procedure~ will be reported to the Director of Fiscal Operations and the Assistant City Manager of Fiscal & Municipal Services in the form of a memorandum outlin'mg the deficiencies. C. The Director of Fiscal Operations will notify the Department Director involved and explain these deficiencies, and the Department Director will be responsible for taking appropriate action to correct deficiencies. D. If in a subsequent audit these deficiencies still exist, the Director of Fiscal Operations will advise the Assistant City Manager ofFiscaI & Municipal Services that the deficiencies still exist. E. The Director of Fiscal Operations and the Assistant City Manager of Fiscal & Municipal Services will notify the Department Director involved and the City Manager of the existing situation. F. The City Manager will review the existing situation and may take appropriate action to resolve deficiencies and ensure that the procedures as outlined are administered properly. H. Delegation of Authority A. The Director of Fiscal Operations is authorized to promulgate rules for establislfmg procedures for the receipt, handling and deposit by City officers and employees of City Cash into the City Treasury for: the method of documentation on all such transactions; regular reporting to the Director of Fiscal Operations; certifying and rescinding certification by the Director of Fiscal Operations of all City officers and employees who are authorized to receive or handle City moneys in the regular course of their employment or departmental activities; inspection of departmental cash records, including overages or shortages; inspection of departmental practices and procedures in handling City Cash; and contracting with agents to collect City Cash and their collection procedures. The Director of Fiscal Operations may enforce these rules through on-site inspections; by rescinding certification of any officer or employee who fails to comply with the Director of Fiscal Operations' procedures and, in the event of noncomphance by a department or office, requiring that payments to personnel be authorized by the Director of Fiscal Operation, or deposited at his/her office. The Director of Fiscal Operations, as the City's banker, is required by law to receive, retain, and disburse all City revenue and keep detailed records of these transactions. The Director of Fiscal Operations is charged with the responsibility of overseeing the proper receipting and to safeguard all City funds. The Treasury will be conducting periodic cash drawer audits (unannounced) under the direction of the Director of Fiscal Operations. C. The Director of Fiscal Operations delegates the administration of the Cash Management Program to the Cash & Debt Administrator. D.Through certification, the responsibility and accountability of the daily collection of funds is delegated to the custodians and his/her supervisor. IH. Duties of City Departments The Director of any City department who anticipates receiving City Cash on a regular basis in the course of its activities shall: A. Assign the receiving of City Cash only to those persons who are certified by the Director of Fiscal Operations for performing these functions; B. Collaborate with the Director of Fiscal Operations to establish and maintain a system of procedures, documentation and reporting on receipts handling and deposit of City money; C. Notify the Police Department of any loss or theft of City Cash immediately upon discovery. Written notice shall be given no later than twenty-four hours after discovery. D. Allow the Director of Fiscal Operations or his/her designee to make on-site inspections and observe the processing of City Cash, and to make inspections of departmental collection records. IV. Duties of City Personnel Any City officer or employee, who receives City Cash in the normal scope and course of his/her duties, shall: A. Immediately deposit the Cash with a City depository designated by the Director of Fiscal Operations to the credit of the City. The delivery or deposit must be made on the same day to the Customer Service Division before 5:00 p.m. if the total receipts on hand are equal to or greater than $100. B. Comply with rules promulgated by the Director of Fiscal Operations for handling and processing of City Cash and for documentation and dissemination of records, and with departmental internal procedures, established in conformity with the Director of Fiscal Operation's procedures; C. Notify the employee's supervisor and Department Director of any loss or theft of City money immediately upon discovery. Written notice shall be given to them no later than twenty-four hours after discovery; D. Be subject to disciplinary action, up to and including termination for failure to comply with each departments operating policies, Director of Fiscal Operations' procedures, collective bargaining agreements and/or duties described in this policy. V. Liability for Loss A. As between a department and its officers and the Director of Fiscal Operations, the department has primary responsibility for care and liability for loss of City Cash in its custody until deposited in the City Treasury or entrusted to a cashier certified by the Director of Fiscal Operations; and the Director of Fiscal Operations thereafter. When deposit is made in an after-hours drop box of the City's financial institution, or an armored car service making collection for the City, losses are assigned to the Director of Fiscal Operations if the Director of Fiscal Operations' instructions for making deposits have been followed, and to the department otherwise. B. Compliance with the procedures approved by the Director of Fiscal Operations establishes a presumption that a City department or office exercised due care in its custody and care of City Cash. VI. Certification of Cashiers and Fund Custodians A. Only persons who are certified by the Director of Fiscal Operations shall receive and handle City Cash on a regular basis in the scope and course of their employment. As a condition to certification or maintenance of a certification, the Director of Fiscal Operations will require that the fund custodian and supervisors complete a course of instruction or training and/or pass an examination on: the secure processing of moneys, cash procedures and applicable departmental roles, and thereafter take refresher instruction or mining at periodic intervals or when the need arises. B. All employees who receive and handle City Cash on a regular basis in the scope and course of their employment and all supervisors who oversee the cash handling function, shall complete such certification within six months of the approval of this policy or within six months of their appointment as fund custodian or supervisory function. C. A signed Certificate of Responsibility from the fund custodian and supervisor must be obtained verifying receipt of this Cash Handling Policy and the Department of Fiscal Operations Cash Handling Training Manual. Vii. Establishment/Increase of Cash Funds All requests for the establishment of cash funds must be made to the Director of Fiscal Operations. The Director of Fiscal Operations will maintain a complete listing of all cash funds. The department location, custodian and the amount of the cash fund are to be maintained upon this written listing. A. A check request should be submitted to the Dffector of Fiscal Operations for the amount of the funds requested. B. A written memorandum to the Director of Fiscal operations from the Department Director requesting the establishment or increase of a cash fund shall be forwarded with the check request for consideration. The memo should explain the need for the establishment or increase of the fund. C. A copy of the memo should be attached to the file copy of the voucher by the Director of Fiscal Operations when the check is issued by the Department of Budget and Management Services. No funds are to be established out of cash receipts by any department. Upon establishment of a cash fund, a fund custodian should be appointed by the Department Director. Cash funds must have one fund custodian responsible for the disbursement of cash. In the absence of the fund custodian, the department/division head should make all disbursements from the cash fund. Should it become necessary to change fund custodians, the Department Head should notify the Director of Fiscal Operations and request an audit of the cash fund to be performed prior to transferring the cash fund to the new custodian. The Director of Fiscal Operations will forward a copy of the cash audit worksheet to the Department Director upon completion of the cash audit. VHI. Termination of Cash Funds A. The Department Director should notify the Director of Fiscal Operations that the cash fund is to be closed and request that an audit be performed prior to closing the cash fund. The Department Director should fumish the Director of Fiscal Operations with a memorandum outlining the reasons for closing the cash fund. B. The Director of Fiscal Operations and/or his staff will perform an audit of the cash fund and provide the Department Director with a copy of the final cash audit worksheet. Any shortages or variances are to be investigated and resolved by the Department Director and the Director of Fiscal Operations. If the shortages or variances cannot be resolved, the Department Director is to provide a written explanation to the effect that a shortage or variance occurred which he or she could not resolve. This response should be addressed to the Director of Fiscal Operations. A copy of the written explanation should be forwarded to the City Manager and the Assistant City Manager of Fiscal and Municipal Services. C. Upon completion of the cash audit, the cash custodian should deposit any cash on hand with the Customer Service Division and provide a copy of the deposit slip to the Controller with any outstanding vouchers. D. The Director of Fiscal Operations will provide the Controller with a copy of the final cash audit worksheet which details the expense accounts to be debited for preparation of a journal entry to close the cash fund. A copy oftbe Department Director's memo outlining the reasons for closing the cash fund wilt also be provided to the Controller. A copy of the final cash audit worksheet and the Department Director's memo should also be attached to the journal entry as supporting documentation. IX. Security of Cash Funds A. Cash funds are to be kept in locked boxes or drawers. The locked box is to be kept in a secure area where only the designated cashier or custodian, and the Department or Division Head, have keys and access to the funds. B. Provisions should be made in departments where more than one cash fund exists to secure all funds which are not being utilized. Only the Department or Division Head, or his/her designated custodian, should have access to an employee's cash fund in the event of their absence. D. Only the person responsible for the cash fund and the Department or Division Head should maintain keys and have access to the funds. E. Bank bags must be locked and kept out of sight when transporting city funds for deposit to the Customer Service Division. F. All funds must be reviewed randomly (at least weekly) by the fund supervisor or designated personnel. G. The use of surveillance cameras may be used to monitor city funds. A signed certificate of acknowledgement from the fund custodian and fund supervisor must be obtained verifying that they have been informed about the possible use of surveillance camera. X. Regulation of Petty Cash Funds Petty cash funds are available for making emergency or immediate purchases of items that are not routinely carded by by the Warehouse in the Materials Management Department. Petty cash funds are to be maintained only for this purpose, and no department shall possess a petty cash fund without establishing such a fund as outlined above. A. Maintenance of Petty Cash Funds Cash funds must have one fund custodian responsible for the disbursement of cash. In the absence of the fund custodian, the department/division head should make all disbursements from the petty cash fund. Each cash fund should have a set amount of funds to be accounted for. The Department of Budget and Management Services will not process payment authorizations to reimburse petty cash if the request exceeds the established amount of the petty cash fund. 3. The petty cash fund is to be reconciled on a daily basis by the fund custodian. The cash custodian should process a payment authorization to reimburse their petty cash fund as necessary. The payment authorization requesting reimbursement of petty cash is to be processed with enough lead-time to prevent the remaining petty cash funds fi.om being depleted prior to the issuance of the reimbursement check. All check payments to reimburse the petty cash fund are to made payable to the City of Denton. A petty cash voucher must be completed to support all disbursements of cash fi.om the petty cash fund. The petty cash voucher must be completed in its entirety and approved by the Department/Division Head prior to the disbursement of any cash from the custodian. 6. Each petty cash voucher must be accompanied by a receipt ticket upon reimbursement or retum of unused funds. Three signatures are required on all petty cash vouchers. All petty cash vouchers must be signed by the employee receiving the cash and by the Department/Division head approving the transaction. The petty cash custodian will then sign the voucher as cash is actually disbursed from the fund. 8. Employees are not to be reimbursed for sales tax. It is the responsibility of the Department/Division Heads to ensure that employees are aware of the City's exempt status. 10.Petty cash in advance is not to be held by any employee longer than a twenty-four period. Receipts and used funds must be retomed and be reconciled to vouchers within the twenty-four hour period. 11.Expenditures for purchases made from the petty cash fund are not to exceed $50.00. Purchases that exceed $50.00 should be purchased on a departmental purchase requisition, as a normal purchase for items not regularly carded by Central Stores. B. Prohibited expenses include the following: 1. Loans to employees 2. IOUs for employee personal use 3. Cashing personal checks for the Department/Division Head, petty cash custodian, or other employees 4. Traveling or training expenses (i.e. use of personal vehicle, parking and entert~fmment) - These expenditures should be reimbursed by submitting the proper expense report form to the Department of Budget and Management Services for audit, approval, and issuance of a reimbursement check. Petty cash funds may be used for official organized activities of the City Council or the various boards that function as part of City government. C. Documents Which Serve as Support for Disbursement of Petty Cash 1. A cash register receipt, provided that the date is current enough to support said purchase; 2. Cash receipt tickets from the place of purchase provided that the date is current, items purchased are listed and the ticket is signed by the employee as receiving said merchandise; 3. Proof of purchase in the form ora valid receipt provided the date is current and the type of the purchase or expenditure can be easily determined; and, 4. No refunds for purchases will be made without proof of purchase. 5. A petty cash voucher properly completed with authorizations for a cash advance. D. Proper Completion of a Petty Cash Voucher 1. All petty cash vouchers must be completed in ink or typewritten. 2. Three signatures are required on all vouchers. a) The Department Director must sign on the line approving the transaction. b) The petty cash custodian must sign or initial, beside the Department Director's signature. c) The employee receiving the cash must sign for cash received. 3. The date of the petty cash disbursement must be completed. 4. Items must be listed separately in the place provided for each item description and the individual cost must be listed separately under item price. 5. The budget account number to be charged for the petty cash purchase must be properly completed. XIo 6. The three-part form is then to be separated. The top, original copy of the voucher is to be retained by the petty cash custodian, while the second part of the form is to be returned and attached to the original to complete the transaction. The third part of the form is to be retained for the department's records. Regulation of Change Funds Changes funds, or cash drawers, are to be maintained for the purpose of making change. Change funds are not to be co-mingled with other cash funds. Change funds are to be maintained only for this purpose and no department shall possess a change fund without establishing such a fund with the Director of Fiscal Operations. A. M~fmtenance of a Change Fund 1. Each change fund should have one person responsible for that fund or drawer at any one given time. In the areas where more than one change fund is used, each employee should work out of his/her own change fund. Employees are not to work out of another employee's change fund. 2. Each change fund should be established for a set mount as outlined in Section VII. Establishment of Cash Funds, and this same amount should be maintained at all times. If an increase in a cash fund is needed, a memorandum sent to the Director of Fiscal Operations outlirfmg the need and amount of funds requested is required. 3. Change funds are not to be used as petty cash funds. They are to be used only for making change. 4. Cash receipts are not to build up in a change fund. These receipts are to be removed and deposited as outlined in Section XII. Regulation of Deposits. 5. Receipts for all cash should be utilized so that an audit may be done at any time and the amount of the change fund can be verified. B. Cashing of Personal Checks from a Change Fund 1. Cashing of personal, payroll, and expense checks is prohibited from all remote change funds. 2. Personal, payroll, and expense checks may only be cashed in the Central Cash Receiving Division (Customer Service) and is permitted if adequate change is available in the cash drawer without depleting the change fund. a) Castling personal checks for employees in excess of fifly dollars is not to be allowed. b) Any employee is not to cash more than one personal check daily. 3. Any employee who has had two returned personal checks within a twelve month period will be denied check cashing privileges until such time that less than two checks have been returned in the most recent twelve months. Ail employee checks retumed to the City of Denton will be handled accord'mg to Section XIII. Regulation of Return Checks. XII. Regulation of Deposits The City of Denton utilizes a central cash receiving anit, as all monies are paid or deposited to the Customer Sen, ice Division. Interdepartmental deposits made to the Customer Service Division shall be made according to the procedure as outlined below. City agencies, or departments, shall deliver their deposits daily to Customer Service before 5:00 p.m. if total receipts on hand are equal to or greater than $100. All deposits must be verified by a Customer Service Custodian. Those departments that do not collect revenue on a daily basis, or whose deposit is not sufficient enough to make daily deposits, should make a deposit with the Cashiering Unit at least twice weekly. One of these deposits should be made on Friday to prevent cash fi.om being stored in their departments over the weekend. Deposits for these departments should also be made the day prior to a scheduled holiday to remove all cash during a holiday. A. Preparation of a Deposit All departments making deposits will be furnished with a three (3) part deposit slip. All three (3) copies of the completed deposit slip will be forwarded with the deposit itself in locked deposit bags. The deposit slip shall include the initials of the person preparing the deposit, as well as the department name, in the lower right hand comer of the slip. Deposit slips should be tilled out to reflect currency (or bill), coin and check totals, with a sum total for these at the bottom. An adding mactfme tape reflecting these totals should accompany the deposit slip to avoid the need for listing each check separately. Departments (such as the Police and Parks and Recreation Departments) that collect monies to be posted to various accounts shall submit a summary sheet denoting the accounts that monies are to be posted to. These summary sheets shall be included with each deposit. B. Deposit and Verification of Receipts 1. Deposits shall be made to the Customer Service Division. When deposits arc made to the Customer Service Division, the Chief or Lead Representative will verify the deposit by performing a recount of monies and a review of the deposit slip. Once a deposit is verified as correct, a copy of the deposit slip will be stamped by a verification stamp and returned Xmmediately to the person making the deposit for the department's own record. The Chief or Lead Cashier will maintain a logbook to record the receipt of locked bank bags with deposits after she/he has completed verification. The deposit date, bag number, and cashier initials will be entered on the log upon deposit to indicate receipt. The person delivering the locked bank bag will also initial the logbook to verify delivery. 4. Each time a deposit is made, a new bank bag will be issued to the person making the deposit. Each department shall have designated bags for use by their department only. C. Maintenance of Bank Bags and Keys 1. Bank bags with deposits shall be kept locked at all times when not preparing or verifying deposits. The keys to the locked bank bags will be ma'mtained by designated persons for each depositing department, the Chief or Lead Cashier, and the bank. 2. The Chief or Lead Cashier is responsible for ensuring safe transfer of all deposits to the armored car service on a daily basis. 3. It will be the responsibility of the Department Head to secure and limit access to bank bag keys. Access to these keys should be limited to the person or persons preparing the deposit. Personnel changes which affect the possession of keys or the preparation of deposits should be reported to the Director of Fiscal Operations. D. Losses/Shortages/Overages The Director of Fiscal Operations makes a clear distinction between a "Loss" and "Shortage" of City money. This is determined by the cash handler's ability to obtain physical custody of the money and how that person safeguards the money. 1. A shortage is an urfmtentional collection error such as a change making error. An overage occurs when a cash handler has collected too much money and cannot immediately retum the excess to a specific customer. 2. On the other hand, a loss of City money is when a cash handler has obtained physical custody of money and then due to reasons like negligence, an act of God or an unlawful action, cannot deposit that money into the City Treasury. 3. An example of negligence is leaving City money unattended and not properly safeguarding that money from loss. Cash Custodians must report all losses to their supervisor and the Director of Fiscal operations immediately. A detailed statement as to the circumstances of the loss must be forwarded to the Director of Fiscal operations with'm twenty-four hours. E. Armored Car Procedures The Director of Fiscal operations recognizes the advantage of ma,,(nnizing cash handler safety and increasing the amount of deposited cash available to the City's investment programs. Investment income from timely deposits provides additional revenue for City services. As a result, the City has a contracted armored transport service available for the use of departments. The fund custodian must prepare a receipt that lists each item or group of items to be picked up. The armored car personnel will sign the receipt in acceptance of the deposit and provide a copy of that receipt to the fund custodian. This receipt should include the pick-up date and the number(s) impressed on the deposit bag(s). At this point the fund custodian's responsibility is released to the armored car service. 2. Fund custodians are encouraged to identify armored car personnel by requesting to see their identification and comparing that ID against the armored car company's authorization list. 3. A copy of the armored car receipt must be forwarded to the Customer Service Division. XIH. Regulation of Return Checks All return checks will be charged a return check fee as determined by city council. The fee is applicable when a customer, taxpayer, or employee check for payment of fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank and retumed to the City of Denton. The fee plus the base amount of check will be payable to the city by means of cash, money order, or cashiers check. 2. If a customer, taxpayer, or employee fails to honor the returned check within thirty days, the check will be turned over for collection. IVX. Action Taken in Event of Theft The danger of security and loss is a constant threat when handling money. Fund custodians are expected to safeguard City funds against loss. Custodians should be familiar with what to do in times of emergency. In these circumstances, protecting human life should be the first concern. In the event of theft (or suspected theft) from a fund or deposit, the followinR actions shall be taken immediately. A. Report of Theft Refer to and comply with the procedures stated in the "Fraud Directive", reference number 509.01 in the City of Denton Policies and Procedures Manual. Following the complete investiqation performed in accordance with the "Fraud Directive", the Director of Fiscal Operations will conduct a review of the cash handling procedures and related internal controls and issue a report of his/her conclusions on improvements to cash handling procedures. The report will be discussed for implementation with the related department director in an effort to prevent future thefts from occurring. CITY OF DENTON, TEXAS CASH HANDLING CEKIIPICATE OF RESPONSIBILITY I, , have read and understand the City of Denton Cash HandYmg Regulations, Policy Number 403.01 and have completed a course of instruction and Ixaining on the Department of Fiscal Operations Cash Handling Tr~ming Manual. A copy of the Policy and Cash Handling Trairfmg . Manual were provided to me on I agree to be the fund custodian of and be held responsible and accountable for the daily collection of city funds according to the City of Denton Cash Handling Regulations, Policy Number 403.01 and the Department of Fiscal Operations Cash Handling Tmirfmg Manual for the Department located at in the amount of $ I have also been informed and understand that surveillance camera may be used to monitor city funds at this location. Signed: Custodian Date Date Date Department Director Department of Fiscal Operations Representative RESOLUTION S:\Our DocumentsXResolutions\03kHomeland Security Resolution.doc RESOLUTION NO. /~g~2~c~ --/~-- A RESOLUTION OF THE CITY OF DENTON URGiNG THE TEXAS CONGRESSIONAL DELEGATION TO SUPPORT PROVIDiNG FUNDING FOR PRESIDENT BUSH'S $3.5 BILLION FIRST RESPONDER INITIATIVE DURING THE 108TM SESSION OF CONGRESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 107th Congress passed legislation creating the Department of Homeland Security; and WHEREAS, the legislation creating the new department did not provide funding for President Bush's $3.5 Billion First Responder Initiative; and WHEREAS, the First Responder Initiative was intended to provide funding to help cities provide planning, training, equipment and other resources to meet the challenges of preparing for and responding to terrorist attacks; and WHEREAS, Texas cities have been required to spend millions in additional monies to implement heightened security measures since September 11, 2001; and WHEREAS, Texas cities are experiencing severe budget shortfalls because of their new homeland security functions and the downturn in the economy. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City of Denton strongly encourages members of the Texas Congressional delegation to actively support passage of an appropriations bill that includes the $3.5 bilhon First Responder Initiative to provide money for all Texas cities to help cities pay for some of the resources needed to meet the cities' new responsibilities for homeland security. SECTION 2. approval. This resolution shall become effective immediately upon its passage and PASSED AND APPROVED this the ¢~L~ EULINE BROCK, MAYOR ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY S:\Our Documents~Resolutions\03XHomeland Security Resolution.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO. ::00:-~Q~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON TEEN COURT PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council of the City of Denton finds it in the best interest of the citizens of Denton that the Denton Teen Court be operated for the 2004 year; and WHEREAS, the Council of the City of Denton has authorized the City Manager to apply for, accept, reject, alter, or terminate the grant; and WHEREAS, the Council of the City of Denton has agreed to provide the minimum matching percentage for the said project as required by the Criminal Justice Division grant application; and WHEREAS, the Council of the City of Denton has agreed that in the event of loss or misuse of the Criminal Justice Division funds, the City Council of the City of Denton assures that the funds will be returned to the Criminal Justice Division in full; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation fi.om the Criminal Justice Division of the Office of the Governor, State of Texas, for the Denton Teen Court Program. SECTION 2. That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such grant application. SECTION 3. That in the event of loss or misuse of any Criminal Justice Division funds awarded by this grant, the City of Denton assures that the lost or misused funds will be returned in full. SECTION 4. That the City Manager, or his designee, shall forward a copy of this resolution to the Criminal Justice Division of the Office of the Governor, State of Texas. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~,~ --day of , ATTEST: YENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 RESOLUTION RESOLUTION NO. ~d- ~ A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, intends to make certain improvements to the Denton Municipal Airport; and WHEREAS, the general description of the project is the expansion and construction of the north terminal apron at the Denton Municipal Airport (the "Project"); and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation (TxDOT) for the Project; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of Denton, Texas, hereby directs the City Manager, or his designee, to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the Project and related improvements at the Denton Municipal Airport. SECTION 2. This resolution shall become effective immediately upon its passgge and approval. PASSEDAND APUROVED this the ~----~ay of c~/~ ,2003. ATTEST: JENNIFER WALTERS,'~ITY SECRETARY APPROVED AS~J~ LEGAJ6 FORM: BY: '~ '~ /~ DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, Michael A. Conduff , City Manager , (Name) (Title) with the Denton Airport designates Mark Nelson, Dir. of Airport and Transp. Operations (Sponsor Name) (Name, Title) as the City of Denton authorized representative for the Terminal Apron Expansion Project, (Sponsor Name) who shall have the authority to make approvals and disapprovals as required on behalf of the City of Denton. (Sponsor Name) City of Denton, Texas (Sponsor) Title: City Manager Date: DESIGNATED REPRESENTATIVE Mailing Address: Mark Nelson 5000 Airport Road Denton, Texas 76207 *Physical/Overnight Address: Same as above Telephone Number: Fax Number: E-Mail Address: 940-349-7702 940-349-7289 marknelson~cityofdenton.com * ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAIL CERTIFICATION OF PROJECT FUNDS I, Anna Mosqueda, Director of Management and Budget (Name) (Title) do certify that sufficient funds to meet the City of Denton share of (Sponsor Name) project costs as identified for the project and will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available CO Bonds (Airport) $ 86,000 April 1, 2003 By: City of Denton , Texas (Sponsor) Title: Director of Management and Budget Date: (~t~/~ ~,~ ~00~ CERTIFICATION OF AIRPORT PROPERTY INTERESTS By signature below, the Sponsor does certify that the airport property, as reflected on the property map and attorney certificate dated June 2, 1999 and on file with TxDOT Aviation Division, remains unchanged and is an accurate reflection of the property owned and/or controlled for the Denton Municipal Airport (Airport Name) City of Denton, Texas (Sponsor) By: Sny~d~~ Ed Title: Deputy City Attorney Deputy City Attomey Date: DESIGNATION OF SPONSOR'S CONSULTANT SELECTION COMMITTEE I, Michael A. Conduff , City Manager , (Name) (Title) with the City of Denton designate the following named individuals as the (Sponsor Name) Consultant Selection committee, for the Terminal Apron Expansion Proiect. The committee is authorized to determine selection criteria, review qualifications and proposals of candidate firms, conduct interviews, if necessary, and select a firm for the award of the design contract, based on a consensus ranking by the committee members. The decision of the selection committee will be final tmless some discrepancy is determined to have occurred in the selection process. SaBle Title (if appropriate): Charles Fiedler Mark Nelson Linda Ratliff Pamela Estill-Rambo Director, Engineering Director, Airport and Transportation Operations Director, Economic Development Management Assistant, City Manager's Office The City of Denton (Sponsor Name ) this has caused this to be duly executed in its name, day of ¢//fft~(_ '~/~_ 20 ~ ~ City of Denton, Texas (Sponsor) Title: City Manager RESOLUTION RESOLUTION NO. 4~-~ A ~SOL~ION OF T~ CITY OF DENTON AUTHO~G Y~ P~LIC UT~ITY CO~ISSION OF TE~S TO SET THE ACCESS L~ ~TE AT THE ~W CPI- ~STED ~ ~TE TO BE P~ TO T~ CITY BY CERT~ICATED TELECO~CATIONS PROVmERS P~SU~T TO C~TER 283 OF THE TE~S LOC~ GOVE~ENT CODE, ("~ 1777"), ~ DECL~G ~ EFFECTWE DATE. WHEREAS, I-IB 1777, Chapter 283 of the Texas Local Government Code, 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 Comnfission of Texas (PUC) has requested the City of Denton to elect if it desires the to set the access line rate at the current allocation formula of $1.37 for residential access lines, $3.14 for non-residential access lines and $4.78 for point-to- point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.38 for residential access lines, $3.17 for non-residential access lines and $4.82 for point-to-point access lines; 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 sending a copy of this resolution to the PUC notifying the PUC pursuant to state law that the access line rate should be set at the new CPI-adjusted Maximum Rate of $1.38 for residential access lines, $3.17 for non-residential access lines and $4.82 for point-to- point access lines in order for The City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers. SECTION 2. That this resolution shall become effective immediately upon is passage and approval by the City Council. PASSED AND APPROVED this the day of ~c4,,~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION S:\Our Documents~Resolutions\03\Cinco De Mayo alcohol sell.doc RESOLUTION NO. ! A RESOLUTION ALLOWING NOPALES HACIENDA RESTAURANT TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE C1NCO DE MAYO CELEBRATION ON MAY 3, 2003, 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, Gricelda Samano doing business as Nopales Hacienda Restaurant (called '~Nopales") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 3, 2003; and WHEREAS, the Parks and Recreation Board has recommended that Nopales 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. Nopales shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 3, 2003 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 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 /~____~t- dayof t/~,~.~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: C:\WINDOWS\TEMP~Cin¢o De Mayo Con~xact 2003.do¢ CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this day of //.~.~.~., ,2003, by and between the City of Denton, a municipal corporation, hereinafter/referred to as the "CITY" and Gricelda Samano doing business as Nopalas Hacienda Restaurant (called "Nopales"). 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 NOPALES the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on May 3, 2003 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 Cinco De Mayo celebration set for the year 2003. ARTICLE 2 SCOPE OF SERVICES NOPALES in order to exercise the privilege to sell alcoholic beverages must perform the following: Ao NOPALES shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Cineo De Mayo Celebration. NOPALES shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration. NOPALES 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. NOPALES'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 NOPALES agrees to abide by all municipal, 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. NOPALES shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. NOPALES will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 4 INDEMNITY AGREEMENT NOPALES shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of NOPALES 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, NOPALES shall maintain the following insurance with an insurance company liccnsed 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 tess 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. NOPALES 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 Cinco De Mayo Celebration Agreement - Page 2 shall not be canceled or modified without written notice to the CITY and NOPALES. In such event, NOPALES 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 deposit'mg same in the United States mall to the address shown below, certified mall, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To NOPALES: To CITY: NOPALES FOOD AND BEVERAGE: Gricelda Samano 1507 Eagle Drive Denton, Texas 76205 (940) 591-1226 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 fi.om the remainder of this Agreement and shall not eanse 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. Cinco De Mayo Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, NOPALES 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 Ao NOPALES 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 NOPALES 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 Ao The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. / 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. Cinco De Mayo 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 NOPALES~:has executed~this ,A~reement through its duly authorized undersigned officer on this the /~/ day of~ 2003. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF,,/~.I~Y MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY A gOVVA HERBERT L. PROUTY. CITY ATTORNEY BY: ~ WITNESS: NOPAL/~ FOOD AND B~SL~RAGE: G~ELDA SAMANO BY: Cinco De Mayo Celebration Agreement - Page $ S:\Ottr DocumentskResolufions\03\Cinco De Mayo alcohol sell.doc RESOLUTION NO. I A RESOLUTION ALLOWING NOPALES HACIENDA RESTAURANT TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 3, 2003, 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, Crricelda Samano doing business as Nopales Hacienda Restaurant (called "Nopales") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 3, 2003; and WHEREAS, the Parks and Recreation Board has recommended that Nopales 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. the Cinco De Mayo conditions: Nopales shall be the sole participant allowed to sell alcoholic beverages at Celebration on May 3, 2003 at the Civic Center Park upon the following 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 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 /~-ff'~ dayof //~_~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY A .oWvLEOAL¢O U: 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 Initials Amended by Resolution No. R2003-024 09/16/2003 Amended by Resolution No. R2004-006 01/20/2004 S:\Our Documents~Resol utions\03\Comm. Dev Action Plan Res,doc. 2003 RESOLUTION NO. / A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2003 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 oppommities; and WHEREAS, the City of Denton, Texas, has a special concem 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 2003-year entitlement funds and program income in the approximate amount of $1,744,570; 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 2003 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. S:\Our Documents~Resolufions\03\Comm. Dev Action Plan Res.doe. 2003 SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the d~q~ dayof ~-~ ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DELARING AN EFFECTIVE DATE. WHEREAS, the term of office of Mayor Olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2003; 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 Mayor Olive Stephens 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, 2003. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,~/~-6~ dayof ~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO. ~(~J)"~- A RESOLUTION APPROVING THE FISCAL YEAR 2004 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 the City of Denton has been presented the 2004 Draft Financial Plan (Budget) of the Denco Area 9-1-1 District for approval, in accordance with Tex. Health & Safety Code §772.309 (Vernon 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 the 2004 Fiscal Year Draft Financial Plan (Budget) of the Denco Area 9-1-1 District attached to this Resolution. SECTION 2. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thet ,_., day of ,2003. EULINE BROCK, MAYOR BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY / DENCO AREA 9" 1 "1 DISTRICT FISCAL YEAR 2004 DRAFT FINANCIAL PLAN DENCO AREA 9-1-'1 DISTRICT FISCAL YEAR 2004 FINANCIAL PLAN DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2004 FINANCIAL PLAN SECTION 1 PREFACE To: DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lcwisville, Texas 75029-3058 Phone/TTY: 972-221-0911 · FAX: 972-420-0709 · Web Page:ww.denco.org Denco Area 911 District Participating Jurisdictions Date: June 5, 2003 Subject: Denco Area 911 District Fiscal Year 2003 Financial Plan The Denco Area 9-1-1 District's Board of Managers, at its June 5, 2003 regular meeting, approved the "Draft" Denco Area 9-1-1 District Fiscal Year 2004 Financial Plan and authorized district staff to forward it to all participating jurisdictions for consideration. Fiscal year 2003 has been a very productive year for the Denco Area 9-1-1 District. Major accomplishments during the fiscal year includes the following: · The district replaced its entire 9-1-1 network and database systems with more effective and efficient systems. Included were the installation of three controller switches that provide for better call distribution as well as better network diversity and redundancy. The district also moved its wireless and wireline database systems to a more modem platform that also provides for better dependability. · The district also helped lead the state and nation with the deployment of Phase II Enhanced 9-1-1 Wireless Services. Phase II provides telecommunicators with a close proximity location of 9-1-1 callers using wireless (cellular) telephones. Denco has been preparing for this deployment since 1997. The technology has already proven to be effective in assisting call takers locate wireless 9-1-1 callers during emergency situations. · Distdct staff also participated in the negotiations of agreements with both wireless and landline carriers that provide financial stability for all emergency communication districts in Texas. Even though the fiscal year 2003 financial plan includes a deficit budget of over $1,000,000, the district's financial position continues to remain sound. Denco has planned for the expenditures associated with the deployment of the new systems and used reserve equipment and network dollars to fund the projects. The enclosed 2004 financial plan provides for additional enhancements to the current network that will minimize outages during a potential disaster event. It also provides for the funding of additional public education programs relating to the deployment of Phase II services, additional training opportunities for telecommunicators, enhancement of map data and for the fine-tuning of the new systems. The Denco Area 9-1-1 District is here to serve its member jurisdictions. The district's mission 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'. Denco continues to provide more services each year at the same service fee rate since its beginning in 1987. Please call on any board member or the district staff if you have any comments or questions concerning this proposed budget. The district's executive director, Mike Pedigo, would welcome the opportunity to make a presentation to your governing body regarding this budget or any other Denco related matter. Again, thanks for your support of the Denco Area 9-1-1 District. Jack Miller Chairman, Board of Managers 1075 Princeton Street, Lewisville, Texas 75067 DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/TTY: 972-221-0911 · FAX: 972-420-0709 · Web Page:ww.denco.org Tn: Denco Area 911 District Participating Jurisdictions Date: June S, 2003 Subject: Denco Area 911 District Fiscal Year 2004 Financial Plan Enclosed is a "draft" copy of the Denco Area 9-1-1 District Fiscal Year 2004 Financial Plan for your jurisdiction's consideration. Chapter 772.300, Texas Health and Safety Code, requires emergency communication districts to send a draft budget to participating jurisdiedons seeking comments. After a 45-day review and comment period, the district's board of managers will consider approval ora final budget. Denco's draft financial plan provides for the continued provision of state-of-the-art enhanced 9-1-1 services at the same rate that Denco has collected from district residents since its inception in 1987. The emergency service fee, collected by the telephone service providers is $0.27 per month for residential, $0.71 per month for business service and $1.13 per month for PBX trunks. This fee is equal to three percent of the 1987 base telephone rate. Danco continues to provide excellent services to its member jurisdictions at one of the lowest rates in the state. In addition to the emergency service fee 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 a portion of the wireless fund to Deaco based on the district's percent of the total population of Texas. The 76t~ Texas Legislature passed House Bill 1984 which defined the budget approval process for Chapter 772.300 series emergency communication districts. The following documents are included in Section 5, the Appendix of this financial plan, defining the budget approval process: · A copy of the Denco Area 9-1-1 Disltict Mission, Values and Goals Statement. · A copy of the section in House Bill 1984 that pertains to budget approval. · A copy of a resolution approved by the Denco Area 9-1-1 District Board of Managers defining procedures for consideration and approval of a budget. · A copy of Texas Health and Safety Code, Chapter 772.300; the statute under which Denco operates. Even though it is not required for your governing body to vote on thc budget, Denco requests that you review the budget and provide feedback prior to the August 7, 2003 district board of managers' meeting. At that time the board will approve a final budget for fiscal year 2004, which begins October 1, 2003. If there are no changes from the draft budget, the district will notify its members that the budget is approved. If there are any changes, the district will request each jurisdiction to approve the final budget and a copy of that budget will be sent to the governing bodies of participating jurisdictions for consideration. If, at any time, you have any questions or would like additional information, please do not hesitate to call me at (972) 221-0911. Thanks for your continued support of the Deeco Area 9-1-1 District. Mike Pedigo Executive Director 1075 Princeton Street, Lewisville, Texas 75067 DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2004 FINANCIAL PLAN SECTION 2 DISTRICT OVERVIEW DENCO AREA 9-1-1 DISTRICT DISTRICT OVERVIEW Backaround 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 Terminolo,q¥ 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 distdct 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 of the 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: City of Carrollton Police Department City of Denton Police Department Denton County Shedff's Office Town of Flower Mound Police Department 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 at the 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 I1. The feature that provides the approximate geographic location of wireless callers, in addition to the FCC's Phase I enhancements. 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 routed to the proper agency responsible for dispatching help to the caller. · Trained telecommunicators answer 9-1-1 cells. (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 telecommunicetor, 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 PSAPs 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 provides additional location information to telecommunicators. · 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 District Le.qislation During its 1985 legislative session, the 89th 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 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 ara the following: Argyle Hackberry Aubrey Hebron Bartonville Hickory Craek Carrollton Highland Village Clark Justin Copper Canyon Krugerville Corinth Krum Corral City Lake Dallas Cross Roads Lakewood Village Denton Lewisville Double Oak Lincoln Park Flower Mound Unincorporated Denton County Little Elm Marshall Craek Northlake Oak Point Pilot Point Ponder Roanoke Sanger Shady Shoras The Colony Trophy Club On December 8, 1987, the district's board of managers orderad the levy and collection of the emergency fee to commence with the January 1988 billing cycle. The board orderad the service fee, collected by the telephone companies, to be charged at a rate of thrae (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 rasidential 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. Structura Board of Manaaers. Area 9-1-1 District. The board of managers is the governing body for the Denco The county, participating cities and the Denton County Fira Chiefs Association appoint the board. The currant board of managers is made up of the following members: Board Member Mr. Jack Miller,Chairman Mayor Olive Stephens, Vice Chairman Mr. Harlan Jefferson, Secretary Mr. Lewis Jue Chief Bruce Varner Mr. Melvin Willis Reoresents Denton County Commissioners Court Participating Cities Participating Cities 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 2004 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 service providers within the district. Included in the organizational chart are names of staff members in each program area. Board of Managers I Director Carla Flowers Patty Cross Public Education/ Training Manager Mark Payne 9-1-1 Systems Manager I Sandy Arnesen Public Education/ Training Secretary Clint Cranford 9-1-1 Systems Technician David Connel Information Systems Manager Kandy Jones Information Systems__ Secretary Roger Rose Coordinator Dianna Orender CPS Field Technician IVenesse Feeglns 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 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: Goal 2: Goal 3: Goal 4: Goal 5: Goal 6: 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. To manage the Denco ,Area 9-1-1 District in an objective, efficient, effective and responsive manner. To increase public awareness of 9-1-1 issues and promote the proper use of the 9-1-1 system. To provide training programs which enable Public Safety Answering Point (PS,AP) personnel to effectively use the 9-1-1 system. To provide and maintain a dependable, state-of-the-art enhanced 9-1-1 network. To assure that PSAPs have the most accurate, reliable and useable data at all times. DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2004 FINANCIAL PLAN SECTION 3 FINANCIAL PLAN SUMMARY SUMMARY OF COST CLASSIFICATIONS DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2004 FINANCIAL PLAN SUMMARY Strategic Overview Fiscal Year 2003 During the current fiscal year, the Denco Area 9-1-1 District implemented the most significant technological changes to its emergency communication system in Denton County since the initial deployment of enhanced 9-1-1 services in August 1990. Denco completed the first phase of building a 9-1-1 system that is moro robust and dependable, using modern technology. Included in the deployment of new systems aro the following: · Denco purchased and installed two new ECS 1000 PSAP Controllers. The controllers are the switches that process the 9-1-1 calls throughout the district. The two new controllers were placed at strategic locations and a third, existing controller, was moved to a back-up site. The district was able to better balance the call volume on the two switches and provide the platform for the installation of the equipment necessary to re-route 9-1-1 calls to another ECS 1000 in the event of a system failure. · The district replaced its entire network with more efficient, effective technology. The moro than 350 new circuits are moro diversely routed and have moro redundancy, therefore providing moro reliability. · Denco also consolidated its wireless and wireline enhanced 9-1-1 databases into one distributed database platform. The new platform has duplicate network connectivity and hardware located in different states. The system also has the ability to access data from other databases housing 9-1-1 data. Another significant technical accomplishment in 2003 was the deployment of Phase II Enhanced Wireless 9-1-1 service. Phase II provides the approximate location of a wireless telephone used to call 9-1-1. The district has been preparing for the implementation of Phase II since 1997 with the development and deployment of its GIS mapping systems. Denco was one of the first 9-1-1 administrative entities in the nation to complete the deployment of Phase I1. Already, telecommunicators are using the technology to help locate 9-1-1 callers. Denco also participated as a member of a negotiating team representing emergency communication districts across Texas. The cost recovery team successfully negotiated five-year agreements with wireless carriers and SBC for the recovery of costs associated with the deployment of Phase II enhanced 9-1-1 wireless services. Fiscal Year 2003 has not only been technologically significant with the deployment of new systems and enhancements to wireless services, it has also been financially significant in that the current budget is estimated to end with a $1,103,379 deficit. The deficit funds have been set-aside for several years to be used for the upgrade to its systems and the deployment of Phase II technology. Even though the reserve funds have been significantly reduced, the district continues to maintain adequate reserve funds to remain financially stable as it plans for the future. Denco has no intention of raising the service fee rate in the foreseeable future. Fiscal Year 2004 After the significant investment in the deployment of new systems and Phase II technology in fiscal year 2003, Denco plans to dedicate the majority of its financial and staff resources in 2004 to the fine-tuning of existing systems. The following are a few of the objectives that the Denco Area 9-1-1 District plans to accomplish next fiscal year: · Install additional equipment and network that will allow district staffto re-route 9-1-1 calls to other equipment in the event of a system failure. · Enhance the interoperability between the.Deneo Area 9-1-1 District's emergency communications systems and those of surrounding jurisdictions. · Evaluate future options for selective routing and database services. · Inform the public about the availability of Phase 11 enhanced wireless services and the need to purchase equipment capable of providing telecommunicators with location information. · Increase district presence at community fairs and events. · Introduce new 9-1-1 for Kids character, Cell Phone Sally, to pre-school and school-age children. · Provide refresher training to telecommunicators and introduce the new tools provided by Deneo that will assist them in providing the best service available. · Develop and provide classes required for intermediate TCLEOSE certification. · Update and correct GIS data, based on input from member jurisdictions and discrepancies found in audit. · Review and update administrative policies and procedures. Expenditures in the proposed Denco Area 9-1-1 Fiscal Year 2004 Financial Plan are estimated to be 70 percent or $1,165,273 of the current budget. Following is a financial overview that provides specific information regarding the proposed budget. Financial Overview Revenue Hi,qhli,qhts Fiscal year 2003 is the first year that 9-1-1 service fee revenue for the Denco Area 9-1-1 District is expected to be below the amount that was anticipated in the financial plan. The district expects total revenue for 2003 to be approximately $87,000 or three percent below the amount forecasted. Expenditures were adjusted to accommodate the decline in revenue. The district has planned for a decrease in total revenue for fiscal year 2004. In the past three years, Denco received refunds from vendors for services that were cancelled for various reasons prior to the termination date. Fiscal year 2004 does not include any refunds. Projected revenues in 2004 are anticipated to change by the following percentages as compared to the estimated revenue for 2003: · Total service fee revenue is anticipated to increase by 2.06 percent. Wireline service fee revenue is expected to decrease by 2.43 percent, which is offset by an estimated increase in wireless service fee revenue of 7.0 percent. · Interest revenue is anticipated to decline by 60 percent due primarily to low interest rates and the decrease in reserve funds. · Contract service revenue is not expected to change. Denco has a contract with Denton County for addressing services. · Miscellaneous revenue is proposed to be zero. The district received a refund of $53,000 for unused services in 2003. Expenditure Hi,qhliqhts As stated already, the proposed expenditures in the district's 2004 budget are 70 percent of the current year's budget. Many of the line items are proposed to remain the same or decrease. Specific expenditures by budget category include the following: · Total p~ersonnel costs are proposed to increase by $22,074 or 2.65 percent. Included in the increase is a salary adjustment for five of the district's eleven staff members. This adjustment moves the employee within the existing salary range for that job category. The remaining staffmembers will not receive increases in salaries. Other changes in personnel include an increase in the cost for health insurance benefits. · Total operations costs are proposed to decrease by $7,023 or 5 percent. · Total direct service expenditures are proposed to decrease by 43 percent. · The 2004 budget includes an increase in its capital reserve of $90,155. DENCO AREA 9-1-1 DISTRICT SUMMARY OF COST CLASIFICATIONS Personnel Expenditures Includes staffsalary, deferred compensation, health care and retirement benefits. Also included are costs for state unemployment tax and employer's contribution to Medicare. Ooerations Exoenditures lncludes the costs associated with the business operations of the Denco Area 9-1-1 District. Communications Includes telecommunication, printing/publishing and postage/shipping costs necessary for the district to disseminate information. Expendable Supplies Includes the cost of routine expendable office supplies and commercially available sofl~vare. Supplies also include the costs associated with service awards. Contract Services Includes the cost of legal fees, independent audit, Insurance, advertising and other contract services such as equipment and software support for district equipment. Building Services Includes the cost of utilities, building services, maintenance and repair expense for the 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 purchase or rental of books, videos and recordings. Professional Development Includes board and stafftraining and ongoing professional development through technical training classes, seminars, conferences and symposiums. 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 stafftravel out of the district. Also included is reimbursement for the use of personal vehicles on official business within the district. Furniture and Equipment Includes the purchase of the necessary furniture and fixtures as well as office equipment necessary for the ongoing operations of the Denco Area 9-1-1 District. Direct Service Expenditures Includes all non-recurring and recurring costs attributed directly to the operations, maintenance, equipment, network and database required for the provision of 9-1-1 services. Also included are direct costs for information system services, public education and training for telecommunicators. 9-1-1 Systems Includes operations, service and direct maintenance costs required for Denco to maintain the 9-1- I 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 aerial photography files and the service and maintenance of hardware and software required to provide the data. Public Education/Training Public Education includes operating costs required for the development, purchase 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 expenditures include 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 &Texas annual awards and appreciation activities and recipients of the Dr. Allen Groff Emergency Medical Dispatch (EMD) Scholarship to the national EMD conference. Capital Recovery Reserve Fund Includes the reserve funds set aside for the replacement of 9-1-1 equipment and the purchase of enhanced services. DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2004 FINANCIAL PLAN SECTION 4 ANITCIPATED REVENUES PROPOSED EXPENDITURES DENCO AREA 911 DISTRICT FINANCIAL PLAN Summary of Anticipated and Proposed Expenditures Fiscal Year 2004 FY 2004 Percent of Pro Bud Anticipated Revenues 9-1-1 Service Fee Revenue $2,678,317 Interest Revenue $5,650 Contract Services Revenue $61,044 Miscellaneous Revenue (Expense) .$..Q Total Anticipated Revenues $2,745,011 97.57% 0.21% 2.22% 0.00% 100.00% Proposed Expenditures Personnel Operations Direct Services Capital Recovery Reserve $855,345 $132,240 $1,667,272 $90,155 31.16% 4.82% 60.74% 3.28% Total Proposed Expenditures $2,745,011 100.00% DENCO AREA 911 DISTRICT FINANCIAL PLAN Anticipated Revenues Fiscal Year 2004 FY2004 Percent of Service Fee Revenue Verizon SBC Sprint CenturyTel Other Local Exchange Carriers (CLECs) Private 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 $832,613 $154,928 $32,055 $51,250 $293,207 $6,000 ($12,741) ($1,644) ($13,701 ) $1,341,967 $1.336.350 $2,678,317 30.33% 5.64% 1.17% 1.87% 10.68% 0.22% -0.46% -0.06% -0.50% 48.89% 48.68% 97.57% Non Service Fee Revenue Interest Revenue Contract Service Revenue Miscellaneous Revenue (Expenses) Total Non Service Fee Revenue $5,650 $61,044 $66,694 0.21% 2.22% 0.00% 2.43% Total Revenue $2,745,011 100.00% DENCO AREA 911 DISTRICT FINANCIAL PLAN Proposed Expenditures Fiscal Year 2004 FY2004 Percent of Bud Personnel Expenditures Salaries Benefits Operations Expenditures Communications Supplies Contract Services Building Services Memberships/Subscriptions Professional Development Travel Furniture and Equipment Direct Service Expenditures 9-1-1 Systems Operations Network and Database Services PS^P and Maintenance Equipment Information Systems Operations Public Education/Training Operations Public Education Services Training Services Capital Recovery Reserve Total Total Total $628,601 $226,744 $855,345 $16,939 $10,000 $42,766 $33,955 $1,530 $5,050 $20,500 $1,5oo $132,240 $88,131 $1,282,041 $101,500 $103,735 $23,615 $32,250 $36,000 $1,667,272 $90,155 22.90% 8.26% 31.16% 0.62% 0.36% 1.56% 1.24% 0.06% 0.18% 0.75% 0.05% 4.82% 3.21% 46.70% 3.70% 3.78% 0.86% 1.17% 1.31% 60.74% 3.28% $2,745,011 100.00% Deneo Aren 9=1-1 District Financinl Plan l~e Year Pro ections , FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 Beginning of Year Fund Balance $1~430,98~ $327~604 $417~75~ $650~491 $351~75( $fi16,728 Revenue Net Service Fee Revenue $2,624,32~ $2,678,3H $2,731~88~ $2,786,521 $2,842,251 $2,899,09~ Interest Revenue $14~17~ $5,65( $4,10( $4,10( $4,10( $4,10£ Con~'act Services Revenue $61,04z $61,04z $61~04~ $61,04x $61,04, $61,04~ Miscellaneous Revenue (Expense) $53. I 1 ( ~ $( $( $( $£ Total Revenue $2~752~661 $2~745~011 $2~797~02~ $2~851~66-s $2~907~39! $2~964~24{ Expenditures Personnel $777,351 $855,34.~ $900,14( $950,81 ." $1,006,142 $1,066,723 Operations $120,03( $132,24( $137,60.~ $144,76~ $152,365 $160,425 Direct Services $2,958,651 $1,667,271 $1,526,54' $2,054,831 $1,583,910 $1,613,811 Total Expenditures $3~856~03! $2~654~851 $2~:564~291 $3~150~411 $2~742~417 $2~840,962 Increase (Decrease) In Capital Recovery Re~erve 151~103r379 $90~15: $232~73~ ($298~746) $164,979 $123~27~ End of Year Fund R~!anee ~327.604 ~17.75~ ~650.496 ~1.750 $$16.728 ~6~#.0~ DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2004 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 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 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 orooosed bud(3et to the oovernino bodies of the participatin,q jurisdictions not later than the 45th day before the date the board adopts the bud,qet. The participatin,q jurisdictions shall review the proposed budpet and submit any comments reoardino the budoet to the board. (c) If the qovernin,q body of a county, municioalitv, or other oarticioatino iurisdiction does not approve or disaoorove the budoet before the 61st day after the date the body received the proposed bud,qet for review, the budoet is aooroved bv operation of law. ~ A revision of the budget must be approved in the same manner as the budget. (e~ [(s-)] 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 district performed annually. 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 Distdct 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 majority 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 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 45u' 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 l) 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 2nd day of December 1999. Chairman, Board of Managers Secretary, Board of Managers 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, tire, 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 enfomement 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. (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 ^cts 1999, 76th Leg., ch. 1405, § 32, eft. 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; (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 moro 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 firo departments operating wholly or partly in the district, with the appointment process coordinated by the county firo 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 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) aro 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 romainder 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. (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 director's 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. § 772.369. 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. (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 district 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 (2) the district may design, implement, and operate a 9-1-1 system for two or more participating jurisdictions with the consent of each of those jurisdictions if a joint operation would be more 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 manufacturer 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 are 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 enforcement, 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 response requests to private safety entities. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.313. Powers of District (a) The district is a body corporate and politic, exercising 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 sources 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 are 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 91st 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 reinstitute the fee if money generated by the district is not adequate to fund the district. (f) 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 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 percent of the amount of fees it collects under this section. (f) A service supplier is not required to take any legal action to enfome 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 district 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, 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 district 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 provided by that chapter. (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 district 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 district 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. 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 security 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 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 provisions 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. (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 celled 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 & Commeme 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 (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) District 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. RESOLUTION RESmUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2004 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2004 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on June 15, 2003; 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 2004 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 /~X-')day of ~.L~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY / RESOLUTION RESOLUTION NO. ~;~/~)J~-- ~)/~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE CONVENTION AND VISITOR BUREAU PROGRAM YEAR 2003 REVISED BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2003 Revised Budget of the Convention & Visitor Bureau was submitted to the City of Denton Hotel Occupancy Tax Committee on June 9, 2003 which recommended, after review, that the Budget be forwarded to the City Council for approval; and WHEREAS, the City Council deems it in the public interest to approve the Convention & Visitors Bureau Program Year 2003 Revised Budget; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council approves the 2003 Convention & Visitors Bureau Program Year 2003 Revised Budget. .SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~'-~ day of (/~-' ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: REVENUE: City of Denton Interest Billboard Carry-Forward TOTAL REVENUE: EXPENSES: ADVERTISING Print Advertising Convention Advertising Tourism Promotion Material Brochures Travel Shows Tourism Services Marquee Billboard DFW Reg Film Commission Special Projects ADMINISTRATION Administrative Salaries VP Retirement Accounting Salary Car Allowance Payroll Taxes Health Insurance Liability Insurance Annual Audit Travel and Training Computer Equipment Copy Machine Warehouse Storage Desktop Copier Lease Office Supplies Telephone Memberships Printing Postage Office Rent Bid Solicitation / Travel Denton Chamber of Commerce Convention and Yisitor Bureau Current 3 Year Recipient (PY 2002 - 2004) 2003 FINAL Revised Budget $ 305,584.00 $ 305,584.00 $ 551.00 $ 551.00 $ $ $ 26,603.7~ (1) $ 306,135.00 $ 332,738.75 Requested Amount Revised Amount $ 46,348.00 $ 46,951.75 (2) $ 5,300.00 $ 5,300.00 $ 5,300.00 $ 11,739.00 * $ 17,060.00 $ 17,060.00 $ 850.00 $ 850.00 $ 18,700.00 $ 12,700.00 * $ 14,328.00 $ 10,230.00 * $ 3,300.00 $ * $ 1,000.00 $ 2,000.00 * $ 112,186.00 $ 106,831 $ 79,200.00 $ 95,760.00 * $ 2,001.00 $ 2,032.00 * $ 4,900.00 $ 4,900.00 $ 4,500.00 $ 5,500.00 * $ 8,000.00 $ 12,000.00 * $ 5,550.00 $ 9,070.00 * $ 400.00 $ 400.00 $ 1,200.00 $ 1,200.00 $ 2,250.00 $ 2,500.00 * $ 850.00 $ 850.00 $ 220.00 $ 220.00 $ 625.00 $ 672.00 * $ 750.00 $ 750.00 $ 1,200.00 $ 1,200.00 $ 6,200.00 $ 6,200.00 $ 1,850.00 $ 1,850.00 $ 1,128.00 $ 1,128.00 $ 3,500.00 $ 3,500.00 $ 14,055.00 $ 14,055.00 $ 300.00 $ 300.00 $ 138,679.00 $ 164,087.00 2-BU -CVB Budget,xls SPORTS ADVERTISING Convention & Trade Shows Printing Sports Video $ 9,235.00 $ 9,235.00 $ 1,500.00 $ 1,500.00 $ $ 10,735.00 SPORTS ADMINISTRATION Sales Manager Health Insurance Payroll Taxes Sales Mgr. Car Allowance Postage Travel & Training Memberships TOTAL EXPENSES: $ 10,735.00 $ 32,000.00 $ 38,000.00 * $ 3,520.00 $ 3,520.00 $ 3,000.00 $ 3,000.00 $ 1,800.00 $ 1,800.00 $ 500.00 $ 500.00 $ 2,965.00 $ 2,965.00 $ 750.00 $ 750.00 $ 44,535,00 $ 305,584.00 $ 50,535.00 $ 332,187.75 DIFFERENCE BETWEEN INCOME AND EXPENSE (Interest Income) $ 551.00 $ 551.00 * Reflects all line items that were adjusted. (1) Amount reflects the full carry-forward from PY 2002. (2) Amount reflects the $603.75 not accounted for in the CVB's revised budget. 2-BU -CVS Budget.xls RESOLUTION RES OLUTION NO.X,~/~ ~ -- ~J)/~ A RESOLUTION ALLOWING TACO CABANA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON SEPTEMBER 27, 2003, 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, Roderick Miles, doing business as Taco Cabana (called "Taco Cabana") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on September 27, 2003; and WHEREAS, the Parks and Recreation Board has recommended that Taco Cabana 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. Taco Cabana shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on September 27, 2003 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 fi.om a responsible cartier, 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 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. approval. PASSED PROVEDthisthe/_ V' dayof This resolution shall become effective immediately upon its passage and ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP/P~OVED ~S TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~~~ S:\Our Documents~°.esolutions\03~Fuego Y Alma alcohol sell.doc CMC CENTER AGREEMENT FOR ~ FUEC~ Y ALMA CELEBRATION STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this/~ day of (~4/~ , 2003, by and between the City of Denton, a municipal corporation, hereinaf~e~fer~ to as the "CITY" and Roderick Miles doing business as Taco Cabana (called "Taco Cabana ~). 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 Taco Cabana the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuago Y Alma celebration on September 27, 2003, 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 2003. ARTICLE 2 SCOPE OF SERVICES Taco Cabana in order to exercise the privilege to sell alcoholic beverages must perform the following: Taco Cabana 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. Taco Cabana shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. Taco Cabana 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. Taco Cabana'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 LOCAL RULES AND REGUI~TION Taco Cabana 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. Taco Cabana 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. Taco Cabana will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 4 INDEMNITY AGREEMENT Taco Cabana shall indemnify and save and hold harrniess the CITY and its officers, agents, and employees from and against any and ail 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 Taco Cabana 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, Taco Cabana shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 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. Taco Cabana 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 Fucgo Y Alma Celebration Agreement - Page 2 shall not be canceled or modified without written notice to the CITY and Taco Cabana. In such event, Taco Cabana 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 Taco Cabana: To CITY: Taco Cabana: Roderick Miles 4355 W. Camp Wisdom Road Dallas, Texas 75237 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 O) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and no exhibits, constitutes the complete and final expression of the agreement &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, Taco Cabana 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 Taco Cabana represents that it has or will secure, at its own expense, all personnel requked to perform all the services required under this Agreement. Such personnel shail not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY Taco Cabana 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 Noc:~cO ~--O/,¢/. 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 Taco Caba~,has execu~l~ this,Agreement through its duly authorized undersigned officer on this the /DY4-' day of ~ ~ , 2003. /(~/ f// CITY OF DENTON, TEXAS ]~ICHAEL A. 'CONDt~F, CI-~f~AGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY Taco Cabana: Roderick Miles Sole Proprietor WITNESS: BY: Fuego Y Alma Celebration Agreement - Page 5 RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM FOR THE 78TM FIRST CALLED LEGISLATIVE SESSION; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Seventh-eighth Texas Legislature adjourned on June 2, 2003; and WHEREAS, Governor Rick Perry called a special session commencing on June 30, 2003 ;and WHEREAS, redistricting and general government issues and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its legislation program for the 78th First Called Legislative Session, attached as Exhibit "A", NOW, THEREFORE THE C1TY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the City of Denton's Legislative Program 78th First Called Legislative Session 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, or their designees shall communicate the items included in the state legislative program to members of the Texas Legislature. SECTION 3: The City Attorney is directed to drat~ 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 the Mayor, City Manager and the City Attorney, or their designees are directed to communicate to the members of the Texas Legislature and actively oppose any legislation which diminishes the City of Denton's home-role authority or has a negative impact on the City of Denton's governmental authority. SECTION 7. 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 8: 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. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Exhibit A City of Denton Legislative Program for the 78th First Called Legislative Session The City of Denton supports the following Legislative Issues: Legislation adopting a Congressional Redistricting Map that maintains the City of Denton and Denton County in Congressional District 26, respecting communities of interest as required by the Federal Voting Rights Act. Legislation to re-establish the first Saturday in May as the May uniform election date. Legislation relating to corrections to lib 3588 f~om the just completed regular session that maintains local authority over regional transportation issues. Legislation that assists State Universities to contribute to the economic development of the university's surrounding region. Legislation that restores Telecommunications Infrastructure Fund (TIF) funding to local governmental libraries. The City of Denton will actively oppose any legislation that diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 2, 2003 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2003 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT DF THE EFFECTIVE TAX RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 19, 2003; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to adopt a tax rate of $.54815 per $100 valuation, which will exceed the lower of the rollback rate or 103 percent of the effective tax rate, in accordance with the requirements of the Tex. Tax Code ch. 26 and to schedule a public hearing on the proposed tax increase; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. The City Council desires to adopt a tax rate for the 2003 tax year of $154815 per $100 per valuation that will exceed the lower of the rollback rate or 103 percent of the effective tax rate. SECTION 2. The City Council hereby approves the placement of an item on the September 2, 2003 City Council public meeting agenda to vote on a proposed tax rate of $.54815 per $100 valuation that will exceed the lower of the rollback rate or 103 percent of the effective tax rate. SECTION 3. The City Council hereby calls a public hearing on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on August 19, 2003 at 6:30 p.m. The public heating will not be held until at least seven days after notice of this public hearing has been published in the Denton Record- Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Hearing on a Tax Increase, which is made a part of this resolution for all purposes. The City Manager and the Assistant City Manager for Fiscal & Municipal Services are hereby directed to publish said notice in accordance with this resolution and in accordance with Tex. Tax Code §26.06. At the public hearing, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. SECTION 4. This resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 5th day of August, 2003, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et seq. The City Secretary is hereby directed to record this resolution and the vote on the proposal to place the item for a tax increase on the September 2, 2003 City Council agenda. EUL1NE BROCK, MAYOR ,2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~V~; ~TO LE~GAL ;(~RM: HERBERT L. PROUTY, CITY ATTORNEY Councilmember Euline Brock, Mayor Mark Burroughs, Mayor Pro Tem Bob Montgomery Jack Thomson Perry Mc Neill Pete Kamp Raymond Redmon Voted For v/ Voted Against S:\Our DocumentsXResolufions\03\tax public hearing.doe Page 2 Notice of Public Hearing on Tax Increase The City of Denton, Texas will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in the preceding year by 3.1 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 19, 2003 at 6:30 p.m. at the City Council Chambers in City Hall located at 215 E. McKinney Denton, Texas 76201. FOR the proposal: AGAiNST the proposal: PRESENT and not voting: ABSENT: The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average residence homestead value $110,423 $117,730 General exemptions available (amount available on the average homestead, not including senior citizen's or disabled person's exemptions) $5,0OO $5,O00 Average taxable value $105,428 $112,730 Tax Rate .54815/$100 .54815/$100 Tax $577.90 $617.92 Under this proposal, taxes on the average homestead would increase by $40.00 or 6.92 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $.00¢ per $100 of taxable value or 0 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. RESOLUTION RESOLUTION NO. 200d- O/q / A RESOLUTION TO APPROVE AND AUTHORIZE THE CITY OF DENTON TO FILE AN AMICUS CURIAE BRIEF 1N DENTON COUNTY V. TARRANT COUNIT~, CAUSE NO. 02- 0795, IN THE SUPREME COURT OF TEXAS; ESTABLISHING A PUBLIC PURPOSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the County of Denton and Dallas were initially created by Act of the Texas Legislature in 1846 and Tarrant was not created until 1850; and WHEREAS, the southern boundary of Denton County was marked on the ground and surveyed by George White in 1852 and said survey was legally approved and filed with the Texas General Land Office; and WHEREAS, the County of Tarrant was not surveyed until 1854 by A.G. Walker who recognized and relied upon the 1852 George White survey of Denton County to complete the northern boundary of Tarrant County where it was common with Wise County; and WHEREAS, the George White survey of 1852 marking the common boundary of Denton and Tarrant Counties is the only survey ever marked on the ground, filed with the Texas General Land Office and recognized for any propose, since the formation of the Counties; and WHEREAS, the alteration of an established and recognized historic boundary will create uncertainty, materially affect property rights and dilute the electoral access, there is rational and public policy basis for preserving the historic boundary separating the Counties of Denton and Tarrant; and WHEREAS, Tarrant County sued Denton County in the 43ra Judicial District Court of Parker County to alter the historic boundary and said District Court did in all aspects rule and render an opinion against Tarrant County; that the Second Court of Appeals, Fort Worth, reversed the District Court; an appeal thereof is pending in the Texas Supreme Court Cause No. 02-0795; Denton County v. Tarrant County; and WHEREAS, consideration of this cause by the Supreme Court of Texas is warranted for review of constitutional, and state jurisprudential issues and to provide finality. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: 1. AUTHORIZATION. The Mayor or her designate is hereby authorized to take all actions necessary and proper to implement the provisions of this Resolution. 2. PUBLIC POLICY. The City Council does hereby specifically find that public policy purposes are furthered by the preservation and retention of the historic southern boundary of Denton County as surveyed by George White in 1852, which survey was re-ascertained on the ground by Denton County in 1997. 3. INTERVENTION. The City of Denton is authorized to intervene as an amicus curiae in Denton County v. Tarrant County, Cause No. 02-0795, in the Texas Supreme Court, and, join in an amicus brief to be filed in the Texas Supreme Court for the public policy purpose as stated herein. 4. RECITALS. The City hereby finds and declares all precatory language herein to be true and correct and approves and adopts the same herein as part of this Resolution. 5. EFFECTIVE DATE. This Resolution shall be effective on and after the date of its adoption. PASSED AND APPROVED this ~-~/tday of August, 2003. HON. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED A~_.~O LEO2klz,-FOl~I: HERB~ I~: PROUTY, CITY/~qTFORNEY RESOLUTION RESOLUTION NO. ~0~ ~/~ A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM FOR THE 78TM SECOND CALLED LEGISLATIVE SESSION; PROVIDING A REPEALER} AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Seventh-eighth Texas Legislature adjourned on July 28, 2003; and WHEREAS, Governor Rick Perry called a special session commencing on July 28, 2003;and WHEREAS, redistricting, general government, public school finance issues and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its legislation program for the 78th Second Called Legislative Session, attached as Exhibit "A", NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the City of Denton's Legislative Program 78th Second Called Legislative Session 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. SECTION2: That the Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the state legislative program to members of the Texas Legislature. SECTION 3: 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 the Mayor, City Manager and the City Attorney, or their designees are directed to communicate to the members of the Texas Legislature and actively oppose any legislation which diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority. SECTION 5. 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 6: 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 ~.~'-- day of ~ , 2003. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Exhibit A City of Denton Legislative Program for the 78th Second Called Legislative Session The City of Denton supports the following Legislative Issues: Legislation adopting a Congressional Redistricting Map that maintains the City of Denton and Denton County in Congressional District 26, respecting communities of interest as required by the Federal Voting Rights Act. Legislation to re-establish the first Saturday in May as the May uniform election date. Legislation relating to HB 3588 from the just completed regular session that maintains local authority over regional transportation issues. Legislation that assists State Universities to contribute to the economic development of the university's surrounding region. Legislation that restores Telecommunications Infrastructure Fund (TIF) funding to local governmental libraries. Legislation relating to state fiscal management, including adjustments to certain school district fiscal matters made necessary by recent changes in state fiscal management; making related appropriations. The City of Denton will actively oppose any legislation that diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority. RESOLUTION S:\Our DocumentskResolutions\03\Solomon Hill Historic Marker.doc RESOLUTION NO. r~7~ ~)3- ! A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE CREATION OF A HISTORIC MARKER THAT RECOGNIZES HISTORIC BLACK COMMUNITIES OF DENTON, INCLUDING FREEDMAN'S TOWN AND QUAKERTOWN, AND TO RECOGNIZE THE CREATION OF THE BLACK COMMUNITY IN SOLOMON HILL AFTER THE QUAKERTOWN COMMUNITY WAS DISPERSED BY THE CREATION OF WHAT IS NOW KNOWN AS THE CIVIC CENTER PARK; AUTHORIZING THE PLACEMENT OF THE MARKER ON CITY PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the early 1900's the community of Quakertown and Freeman's Town were the heart of the black community in Denton; and WHEREAS, the Quakertown community was dispersed due to the efforts to create a city park upon the site of Quakertown; and WHEREAS, the black community relocated near Freedman's Town in an area known as Solomon Hill, which continues to be the heart of the black community in Denton; and WHEREAS, the council has recognized the historical importance of Quakertown and the dispersal of its residents by placing a marker in the Civic Center Park; and WHEREAS, the council recognizes that the subsequent relocation of the black community near Freedman's Town in Solomon Hill is also an important historical milestone in the history of Denton; and WHEREAS, the recognition of Freedman's Town, Quakertown and the relocation to the Solomon Hill area would help complete and bring closure to this historic event; and WHEREAS, the funds has been raised to create a historic marker recognizing these historic black communities and that a convenient and appropriate site for the marker would be upon city property near the Martin Luther King Recreation Center; and, WHEREAS, the Historic Landmark Commission unanimously supported the creation and placement of a historic marker on May 5, 2003 ( 7-0); and WHEREAS, the council believes it serves a pubhc purpose to support the creation of the historic marker and to allow its placement upon a site near the Martin Luther King Recreation Center, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City of Denton supports the creation of a historic marker recognizing the "Historic Black Communities" in substantially the same form as represented in Exhibit "A" which is attached and incorporated herein as if written word for word. SECTION 2: That after the marker is created the City of Denton authorizes the placement of the historic marker at the location indicated in Exhibit "B". SECTION 3: That this resolution shall become effective immediately upon its passage and approval. ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EXHIBIT J HISTORI(: BL, AC:K C OMM:UNIT:IES IN NOVEMBER 18~5, 27-F~ORMER, SLAVES FROM:WHITE :ROCK COMMU;NltY in DALLAS' MOVED TO E)ENTON-iC~)iL~i~TY,AND] ESTABLISHED a SMAll COMMUNITY KNOWN AS FREeDM'AN"S TOWN APPROXI.M:ATELY WHERE THE MARTIN' LLJTHER KINGi JR. RECREATION CENTER AND'TOM,AS RIVERA'ELEMiE-N,TARY,SCHOOL EXIST T0[~A~Y. LATEr~ ~AMILIES BEGAN BUYING LANDr-To the NORTH AND DEVELOPED A COMMUNITY KNOWN AS Q.UAKERTOWN ON THE SITE WHERe C'I~]C CENTER PARK~.STANDS FORD;CRAWFORD~ ONE.OF'THE ORIGLN'AL FREEDM:AN[S TOWN SETTLERS) OPENED'A GENER;AiL STORe IN QU~A:KERTOW, N. 'H,l~ S. QN BERT CRAWF:ORD RAN THE MORTUARY. HENRY MADI~OX SEVERAL RESIDENTIAL LOTS IN QUAKERTOWN AND;OPE-RATED~ A BOARDING HOUSE. THE THRIVING COMMUNITY INCLUDED A SCHOOL, CHURCHES, EATING EST'ABL1SH~MEN~S AND OTHER B US I-N ESS ES · IN THee E.a:Rl~¥ 1900~ A CAMPAIGN bEGan TO REMOVe QUAKERTOWN AND' TU R N' tht,E ARea INTO A CITY'"PARK'.. ~F~ER BONDS FOR A PARK WERE:'APPROVED IN 19:21~ T. HE'EXO~LIS BEGAN. soME~BLACK ~-AMILIES~LE. ImT DENitON.:OTHERS:RETI~RNED tO ThE.aRE~ AROUND FREEDMAn TOWN WHERE A.L~ .M~ILES HAD PLATTED 35 ACRES,KNOWN AS SOLOMON HILL as HOME SitES' THE DISPLACED BLACKS. SOLOMON Hill EN'COMPASSED:AN. A'R.I~ that LAtE, R BECAM!E'KNOWN AS SOUTHEAST DeNTFoN= I.NCLUDING ThE'H.lLl WHER'E FRED;MOORE SCHOOL NOW,STANDS. ~J~J~-E~:AREA HAS REM'AINEO THE HISTOR C HEART DF BI~ACK:COM~M'UNITIES l'N DENTON. EXHIBIT Wilson street Parking Area ~t Main · Entrance Proposed ,~. Marker LocatiOn :Ma: ,LuSh RESOLUTION RESOLUTION NO. ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 2, 2003; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at its regularly scheduled meeting of August 5, 2003, the City Council voted to place a proposal on the September 2, 2003 City Council regular meeting to adopt a proposed tax rate of $.54815 per $100 valuation, which will exceed the lower of the rollback rate or 103 percent of the effective tax rate; and WHEREAS, the City Secretary duly recorded the vote of the City Council on that matter; and WHEREAS, the City Council also called a public hearing for its regular meeting of August 19, 2003 on the tax increase; and WHEREAS, publication of notice of that public hearing on the tax increase was made in accordance with the law, and said public heating was held on August 19, 2003 and all proponents and opponents of the tax increase were given an adequate opportunity to present their views at the public hearing; and WHEREAS, the City Council wishes to finally set the date, time, and place of the meeting at which it will vote on the tax rate; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1.. The City Council will vote on the proposed tax rate at its regularly scheduled meeting of September 2, 2003, which will commence at 6:30 p.m. and will be held in the City Council Chambers at City Hall at 215 East McKinney, Denton, Texas 76201. SECTION 2. Prior to the vote on the tax rate, the City Manager and the Assistant City Manager for Fiscal & Municipal Services are directed to publish in the Denton Record- Chronicle, a newspaper having general circulation in the City, the attached Notice of Vote on the Tax Rate, which is made a part of this resolution for all purposes, such publication to be in compliance with the requirements of the Texas Tax Code. SECTION 3. This resolution shall become effective mediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 19th day of August, 2003, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code {}551.001, et seq. The City Secretary is hereby advised to record this resolution and the vote on the proposal to place the item for a tax increase on the September 2, 2003 City Council agenda. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY JROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Councilmember Euline Brock, Mayor Mark Burroughs, Mayor Pro Tem Pete Kamp Perry McNeill Bob Montgomery Raymond Redmon Jack Thomson Voted For ¥ Voted Against Page 2 Notice of Vote on Tax Rate The city of Denton ~ conducted a public hearing on a proposal to increase the total tax revenues of the City of Demton from properties on the tax roll in the preceding year by 3.~ percent on August 19, 2003 at 6:30 p.m. The City of Denton is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 2, 2003 at 6:30 p.m. 215 E. McKinney Street RESOLUTION FILE REFERENCE FORM I R2003-021 I FILE(S) Date Initials Replaced by R2005-051 12/06/05 JR RESOLUTION NO. ~OO&~ / ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as the Denton Policy for Tax Abatement (sometimes referred to as "Tax Abatement Policy"), passing by Resolution No. R2000-028; and WHEREAS, on May 1, 2001, the City Council amended the to allow waiver of the five million dollar threshold and the maximum tax abatement pementage; to define professional positions; to make other changes as set forth in the amended policy; and WHEREAS, the City Council desires to promote economic development within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment and the creation of jobs; and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex. Tax Code, allows the city to establish its own criteria for tax abatement and the City has previously adopted guidelines for tax abatement and resolutions No. Rg0-018, R98-004, R2000- 028 and R2001-020; and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Tax Abatement Policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the polices, guidelines and criteria found in the Denton Policy for Tax Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in all things approved and adopted. From and after the effective date of this Resolution, the attached Denton Policy for Tax Abatement shall constitute policy guidelines and criteria governing tax abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex. Tax Code. SECTION 2. That pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote of~A of the members of the Council. SECTION3. That the City Council hereby reasserts its decision to become eligible to participate in tax abatement. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City, in accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in accordance with the guidelines and criteria established in the attached Exhibit A and in the amended Tax Abatement Policy. SECTION 4. That this resolution shall become effective immediately upon its passage and appr-~val a--~e-regular meeting of the City Council of the City of Denton, Texas, on the 19th day of August, 2003, at which meeting a quorum was present and which meeting was held in accordance with the provisions ofTex. Gov.'t Code §551.001, et seq. PASSED AND APPROVED thisthe /~/~ day of _//~,/~/],~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: '~'~ Page 2 of 2 Exhibit A DENTON POLICY FOR TAX ABATEMENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. Denton County ad valorem taxes also may be abated; however, applications will be considered separately under the guidel'mes of the Denton County tax abatement policy. All applicants shall be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that otherwise would not occur. Abatements will not be considered if construction of a project already has begun. Tax abatements, as described in this policy, will be available for new and/or existing facilities and structures and for businesses want'rog to locate, expand or modernize basic industries, corporate office headquarters or distribution centers, except as this policy may be limited for property described in Section 312.211 (a) of the Texas Property Tax Code (Vemons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") H. JOINT TAX ABATEMENT COMMITTEE Requests for tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials each from the City and Denton County. One additional staff person from each jurisdict'lon shall be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the Committee or presented to the Committee. The Tax Abatement Application is presented as Exhibit A of this policy. All meetings of the Joint Committee shall be held in compliance with the Texas Open Meefmgs Act, Chapter 551 of the Texas Government Code. III. VALUE OF INCENTIVES Tax Abatement PolicyJuly 2003 - I - The criteria outlined in the Application will be used by the Joint Committee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular project. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact of the project. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table: TABLE 1: Establishes a framework for considering the length of abatement according to assessed real property value of improvements and of tangible personal property located on the real property. VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF IN MII,LION DOLLARS ABATEMENT ABATEMENT 100 I0 15- 25% 80 9 15- 25% 65 8 15- 25% 50 7 15-25% 35 6 15- 25% 20 5 15- 25% 15 4 15- 25% 10 3 15- 25% 5 2 15-25% To qualify, companies must meet the minimum threshold of the policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this policy, the taxing entities may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years. No applicant may receive credit for more than five of the following factors: · The project will occupy a building that has been vacant for at least two years; · The project will create high-skilled, high-paying jobs as documented by the applicant; (A breakdown of number of jobs per job classification and entry level wage per classification will be used to detenuine eligibility); · The project will involve a significant relationship with one of the two universities in Denton; · At least 25% of the new jobs created by the project will be filled by Denton residents; Tax Abatement Policy July 2003 - 2 - · The project will provide knowledge-based jobs (at least 25 pement of jobs require college bachelors degree at entry level); · The project will donate significant public art to the community. (To qualify, donation must be approved by Greater Denton Arts Council and City Council); · The project will donate significant materials/equipment to the public schools (To qualify, donation must be approved by DISD and City Council.); · The project will create improvements to the Denton Central Business District; · The project will result in the formation of a business park; · The project is an international or national headquarters facility. The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final approval of the City Council or the County Commissioner's Court. Even though a project may meet the criteria as set forth in this policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table 1 are considered guidelines for establishing the Tax Abatement Agreement terms. However, the City may determine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If abatement is approved, the City may consider applying all or a portion of the abatement in the first year or during any shorter period within the term of the tax abatement agreement. For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year. When the City of Denton determines that incentives are required to retain existing businesses which propose to improve or redevelop property within the City limits, the Denton City Council may consider these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement. The City of Denton may also take into consideration as "special projects" the expansion/redevelopment of existing businesses that create new or additional professional jobs. Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City of Denton may also consider other tax incentives authorized by law. Professional jobs are defined as "occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge; a calling requiring specialized knowledge and often long and intensive academic preparation; requires some research, analysis, report writing and presentations. Special licensing, certification, or registration may be required to perform the job task; the work of professional positions is creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep abreast of and exercise judgment and broad perspective in the application of an organized body of knowledge that is constantly studied to make new discoveries and interpretations or to improve the data, materials and methods; may involve some supervision and budgeting/planning." When the City of Denton determines that abandoned property may mqnire additional incentives to promote economic development that generally satisfies the requirements of this policy, the City may waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives for Tax Abatement PolieyJuly 2003 - 3 - special projects to redevelop abandoned buildings consistent with existing law. For the purpose of this policy, an abandoned building is defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value. Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed. The City of Denton may also consider other tax incentives authorized by law. Pr~lirnina~ A.n?lieatinn IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." Applicant shall prepare a map or other documents providing the following: · precise location of the propemy and all roadways within 500 feet of the site · existing uses and conditions of real property · proposed improvements and uses · any proposed changes in zoning · compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. A complete legal description shall be provided. Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. D. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. E. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. F. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. G. Fiscal agents of the City and County will review the application for comments and recommendation. Additional information may be requested as needed. Tax Abatement Policy July 2003 - 4. - Consideration ~f~he Application H. The Joint Committee on Tax Abatement will consider the apphcation at a regular or called meeting(s). Additional information may be requested as needed. I. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative officer of each taxing entity. If the City Council of Denton decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. The City Council of Denton shall hold a public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a tax reinvestment zone. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commemial/indnstrial tax abatement zone. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. N. The governing bodies of Denton County may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this policy, consistent with the requirements of the Tax Code. Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each year; Tax Abatement Policyluly 2003 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and termination date; 5. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. Annual Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepare a breakdown of those figures. Transfer nr A~i~nment A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon approval by the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement. l,ncal llu~ineg~e~ and Minnri~y llusiness Enter?ri~e~ In performing this Agreement, OWNERS agree to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. As a matter of policy with respect to CITY projects and procurements, CITY also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers where at least fifty-one percent (51%) of the Ownership of such contractor, subcontractor or supplier is vested in racial or ethnic minorities or women. In the selection of subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the OWNERS agree to consider this policy and to use their reasonable and best efforts to select and employ such companies and persons for work on this Agreement. Job R~ernifinE frnm I ,ow-Modera~e lnenm~ tT~nnu.q Traeta OWNER, lessee or assignee of OWNER agrees it will endeavor to make available, or endeavor to cause lessees or assignees to make available, full-time or part-time employment with on-the-job training for Denton citizens. In this effort, OWNER, lessee or assignee agrees to recruit from the low-moderate income Census tracts as further defined in the Concentration of Low/Mod Income by Block Groups shown below. Tax Abatement Policy July 2003 - 6 - Tax Abatement PolicyJuly 2003 - 7 - EXHIBIT A The City of Denton Tax Abatement Application About the Application... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations. The Application And The Agreement... Specific information from the Application (like value of new investment and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attachment to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be an~were~t in ~dl and as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to make sure you're comfortable with the contents. When Is The Application l~nal? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What About Confidentiality? Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This would include any~hlng in your application which you consider a trade secret, commercial or financial information which you can demonstrate by specific factual evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or business activities to be conducted or the equipment or other property for which the tax abatement is sought, any financial or other incentive you may be seeking from the City or any other information you deem to be confidential under the law. Who is Authorized To Sign the Application? Because the Application itself is non-binding, the person signing need not be the property owner or even an individual duly authorized to sign on behalf of the property owner. However, if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement. Tax Abatement PolieyJuly 2003 - 8 - City of Denton Tax Abatement Application City of Denton City Manager's Office Denton, Texas 76201 (940) 349-8307 (940) 349-8596 FAX Tax Abatement PolicyJuly 2003 - 9 - APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS 1. Property Owner Company or Project Name Mailing Address Telephone I Fax No. Contact Name Title Mailing Address Telephone ] Fax No. 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. 3. Provide a record of mergers and f'mancial restructuring during the past 15 years. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. Tax Abatement Policy July 2003 - 10 - 6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. 7. Property Description. - Attach a copy of the legal description detailing property's metes and bounds. - Attach map of project including all roadways, land use and zoning within 500 feet of site. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property). Increased Value/Estimated Total Cost of Project. Structures $ Site Development $ Personal Property $ Other Improvements $ 10. Indicate amount of tax abatement and number of years requested for each taxing entity. City of Denton % % years Denton County years List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water/Wastewater Infi'astmcture Assistance $ 11. Give a brief dcscription of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. Tax Abatement PolicyJuly 2003 = 11 - 12. Project Consh-uction Phase A. Estimate percentage of project development and construction dollars to be spent with Denton based contractors or sub-contractors. Construction costs $ I Percentage local.contractors B. Construction Employment Est/mates: Start Date (Mo/Yr) Completion Date (Mo/Yr) No. of Construction Jobs Estimated Total Construction Payroll $ C. Describe any off-site infi:astmcture requirements: · Water · Wastewater · Streets · Drainage · Other Tax Abatement PolieyJuly 2003 - 12 - 13. Project Operation Phase. Provide employment information for the number of years tax abatement is requested. At Project Existing Start Date At Term of Employment Information Operation (mo/yr) Abatement (if applicable) __/__ A. Total number of permanent, full-time jobs B. Employees a'ansfcrred from outside Denton C. Net permanent full-time jobs (A. minus B.) E. Total annual payroll for all permanent, full-time jobs (A.) F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Estimate annual utility usage for project: Electric $ Water $ Gas $ Wastewater $ 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section HI). Tax Abatement PolicyJuly2003 - 13- 15. Is property zoned appropriately? Yes No Current zoning. Zoning required for proposed project. Anticipated variances. 16. Is property platted? Yes No Will replatting be necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. 20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this request. Include the mount of the abatement requested and show how it will contribute to the f'mancial viability of the project. Submit attachments if necessary. Tax Abatement PolicyJuly 2003 - 14 - 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the tax abatement policy. 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan. This tax abatement application is submitted with the acknowledgement that additional certified financial information may be required. Authorized Signature Date: Tax Abatement Policy July 2003 - 15 - RESOLUTION RESOLUTION NO. ~O0~ '0~,~ A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE VI FOR FLOWERS FOODS BAKERIES GROUP, LLC; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has adopted by resolution a Tax Abatement Policy and criteria governing tax abatement agreements in accordance with Tex. Tax Code ch. 312; and, WHEREAS, thc City has received a tax abatement request from Flowers Foods Bakeries Group, LLC; and WHEREAS, the City finds that it is in the public interest to call a public heating to consider the creation of a reinvestment zone for tax abatement purposes for the purpose of offering a tax abatement to Flowers Foods Bakeries Group, LLC, in accordance with Tex. Tax Code §312.201; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby calls a public heating and the City Manager is hereby authorized to give notice of a public hearing for the establishment of a reinvestment zone (Reinvestment Zone VI), comprised of the property located on approximately 91.921 acres at or near 4210 Edwards Road, within the corporate limits or extraterritorial jurisdiction of the City of Denton as more fully described in Exhibit "A" and as shown on the diagram as the area outlined in red in Exhibit "B," which exhibits are attached hereto and made a part hereof by reference (the "Property") for the purpose of entering into a tax abatement agreement with Flowers Foods Bakeries Group, LLC for a project to be developed within the Property and this Reinvestment Zone and other eligible projects under the City's Tax Abatement Policy. At the hearing, the City Council will determine whether the improvements sought are feasible and practical and would be a benefit to the land to be included in the Reinvestment Zone and to the City after expiration of any tax abatement agreement entered into under Tex. Tax Code ch. 312. Notice of the public heating will be substantially in the form of the notice contained in Exhibit "A". The public hearing will take place on the 2na day of September, 2003, at 6:30 p.m. in the City Council Chambers at City Hall at 215 E. McKinney, Denton, Texas 76201, but not until at least seven days after notice of this public hearing has been published in the Denton Record-Chronicle, a newspaper having general circulation within the City, and specific notices are delivered in writing to the presiding officer of the Board of Trustees of the Denton Independent School District, the Commissioners Court of Denton County, and to other taxing units, if any, that include in their boundaries the real property described in the attached Exhibit "A" in accordance with Tex. Tax Code §312.201. SECTION 3. This resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the 19th day of August, 2003, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et. seq. PASSED AND APPROVED this the /~Tgg~' day of ~ff~"~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT "A" NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS ~-I~:REBY GIVEN THAT Tl~q~, CITY COUNCIL OF THE CITY OF DENTON, TEXAS, WILL HOLD A PUBLIC HEARING TO ALLOW INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE ESTABLISHMENT OF A REINVESTMENT ZONE VI FOR COMMERCIAL/ INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO ATTRACT THE FLOWERS FOODS BAKERIES GROUP, LLC AND SIMII,AR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF DENTON, CREATE JOBS, EXPAND Tgl~, LOCAL TAX BASE, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONSTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY. I'H E PURPOSE OF THl~ HEARING WILL BE TO DETERMINE WHETHER THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE ZONE AND TO THE CITY AFTER EXPIRATION OF ANY TAX ABATEMENT AGREEMENT ENTERED INTO UNDER CHAPTER 312 OF Tm~, TAX CODE. ALL INTERESTED PARTIES INCLUDING RESIDENTS OF TH E PROPOSED ZONE ARE ENCOURAGED TO PRESENT THEIB VIEWS AT THE HEARING. THE PUBLIC HEARING WILL BE HELD ON SEPTEMBER 2, 2003, AT 6:30 P.M. IN TI]F, CITY COUNCIL CHAMBERS AT CITY HALL, 215 E. McKINNEY. REINVESTMENT ZONE VI WILL BE COMPOSED OF APPROXIMATELY 91.921 ACRES OF LAND OUT OF G. WALKER SURVEY ABSTRACT NUMBER 1330, IN TH~; M.E.P. & P.R.1L CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS, TH ~ REINVESTMENT ZONE AREA IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330, IN THE M.E.P. & P.R.R. CO. SURVEY ABSTRACT NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 27.4367 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 790, DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 8.773 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 797 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 3.000 ACRE TRACT DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 804 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, PART OF THE CALLED 79.4992 ACRE TRACT, DESCRIBED IN A DEED TO ANDREW CORPORATION, RECORDED IN VOLUME 912, PAGE 821, DEED RECORDS, DENTON COUNTY, TEXAS, ALL OF THE 3.59 ACRES OF LAND DESCRIBED IN THE DEED TO ANDREW CORPORATION, RECORDED UNDER CLERKS FILE NUMBER 96-R0014833 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND PART OF ANDREW ADDITION PHASE ONE AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET B, PAGE 12 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND RAILROAD SPIKE AT THE NORTHEAST CORNER OF THE 27.4367 ACRE ANDREW TRACT IN EDWARDS ROAD; THENCE SOUTH 02 DEGREES 40 MINUTES 55 SECONDS WEST WITH THE EAST LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 698.28 FEET TO A FOUND IRON PIN AT AN ANGLE POINT IN THE EAST LINE OF THE 27.4367 ACRE ANDREW TRACT; THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST CONTINUING WITH THE EAST LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 1249.03 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF THE 27.4367 ACRE ANDREW TRACT ON THE NORTH LINE OF THE 22.967 ACRE TRACT TO JULIE K. CLARK RECORDED UNDER CLERKS FILE NUMBER 95-R0000602 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST WITH THE SOUTH LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 622.20 FEET TO A FOUND IRON PiN AT THE SOUTHWEST CORNER OF THE 27.4367 ACRE ANDREW TRACT, THE NORTHWEST CORNER OF THE 22.967 ACRE CLARK TRACT, THE NORTHEAST CORNER OF THE 3.59 ACRE ANDREW TRACT, AND THE EASTERN MOST SOUTHEAST CORNER OF ANDREW ADDITION; THENCE SOUTH 03 DEGREES 19 MINUTES 02 SECONDS WEST WITH THE EAST LINE OF THE 3.59 ACRE ANDREW TRACT AND THE WEST LINE OF THE 22.967 ACRE CLARK TRACT A DISTANCE OF 472.97 FEET TO A FENCE CORNER POST AT AN ANGLE POINT IN THE EAST LINE OF THE 3.59 ACRE ANDREW TRACT AND THE NORTHWEST CORNER OF THE CALLED 0.942 ACRE TRACT DESCRIBED IN THE DEED TO JULIE K. CLARK RECORDED UNDER CLERKS FILE NUMBER 99-R0000310 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 01 MINUTES 21 SECONDS WEST CONTINUING WITH THE EAST LINE OF THE 3.59 ACRE ANDREW TRACT AND THE WEST LINE OF THE 0.942 ACRE CLARK TRACT A DISTANCE OF 224.75 FEET TO A STEEL PIPE AT THE SOUTHEAST CORNER OF THE 3.59 ACRE ANDREW TRACT ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; THENCE NORTH 87 DEGREES 56 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF THE 3.59 ACRE ANDREW TRACT A DISTANCE OF 218.61 FEET TO A FENCE CORNER POST AT THE SOUTHWEST CORNER OF THE 3.59 ACRE ANDREW TRACT AND THE SOUTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTY JOHN ROBERTSON RECORDED IN VOLUME 2423, PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 01 DEGREES 47 MINUTES 13 SECONDS EAST WITH THE WEST LINE OF THE 3.59 ANDREW TRACT AND THE EAST LINE OF THE ROBERTSON TRACT A DISTANCE OF 683.38 FEET TO AN IRON PIPE AT THE NORTHWEST CORNER OF THE 3.59 ACRE ANDREW TRACT AND THE NORTHEAST CORNER OF THE CALLED 3.980 ACRE TRACT TO KENNETH D. OWEN RECORDED IN VOLUME 763, PAGE 137 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS ON A SOUTH LINE OF ANDREW ADDITION; THENCE NORTH 87 DEGREES 39 MINUTES 54 SECONDS WEST WITH A SOUTH LINE OF ANDREW ADDITION AND THE NORTH LINE OF THE OWEN TRACT A DISTANCE OF 363.71 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF ANDREW ADDITION; THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH AN EAST LINE OF ANDREW ADDITION AND THE WEST LINE OF THE OWEN TRACT A DISTANCE OF 397.16 FEET TO A FOUND IRON PIN; THENCE SOUTH 39 DEGREES 11 MINUTES 57 SECONDS EAST WITH AN EAST LINE OF ANDREW ADDITION AND THE SOUTH LINE OF THE OWEN TRACT A DISTANCE OF 382.68 FEET TO A FOUND IRON PIN AT THE SOUTHERN MOST SOUTHEAST CORNER OF ANDREW ADDITION AND THE SOUTHERN MOST SOUTHWEST CORNER OF THE OWEN TRACT ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; THENCE NORTH 87 DEGREES 46 MINUTES 12 SECONDS WEST WITH A SOUTH LINE OF ANDREW ADDITION AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD A DISTANCE OF 26.57 FEET TO A FOUND IRON PIN AT THE SOUTHERN MOST SOUTHWEST CORNER OF ANDREW ADDITION ON THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD; THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH A WEST LINE OF ANDREW ADDITION A DISTANCE OF 412.02 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD ALONG SAID CURVE HAVING A DELTA OF 26 DEGREES 11 MINUTES 57 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 1287.10 FEET (CHORD OF NORTH 26 DEGREES 10 MINUTES 09 SECONDS WEST A DISTANCE OF 1275.92 FEET) TO A FOUND IRON PIN; THENCE NORTH 13 DEGREES 00 MINUTES 38 SECONDS WEST CONTINUING WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD AND THE WEST LINE OF ANDREW ADDITION A DISTANCE OF 1221.59 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE CONTINUING WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD ALONG SAID CURVE HAVING A DELTA OF 09 DEGREES 53 MINUTES 43 SECONDS, A RADIUS OF 1959.24 FEET, AN ARC LENGTH OF 338.37 FEET (CHORD OF NORTH 17 DEGREES 58 MINUTES 31 SECONDS WEST A DISTANCE OF 337.99 FEET) TO A SET IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" ON THE SOUTH RIGHT-OF-WAY LINE OF MAYHILL ROAD AS DESCRIBED IN THE STREET RIGHT-OF-WAY DEED TO THE CITY OF DENTON RECORDED IN VOLUME 4936, PAGE 1841 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF MAYHILL ROAD ALONG SAID CURVE HAVING A DELTA OF 01 DEGREES 17 MINUTES 13 SECONDS, A RADIUS OF 540.00 FEET, AN ARC LENGTH OF 12.13 FEET (CHORD OF NORTH 66 DEGREES 07 MINUTES 51 SECONDS EAST A DISTANCE OF 12.13 FEET) TO A SET "X" IN CONCRETE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF MAYHILL ROAD AND THE WEST RIGHT-OF-WAY LINE OF EDWARDS ROAD AS DESCRIBED IN THE STREET RIGHT-OF-WAY DEED TO THE CITY OF DENTON RECORDED IN VOLUME 4936, PAGE 1841 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 27 DEGREES 41 MINUTES 50 SECONDS EAST WITH THE WEST RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 147.27 FEET TO A SET IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE CONTINUING WITH THE WEST RIGHT-OF-WAY LINE OF EDWARDS ROAD ALONG SAID CURVE HAVING A DELTA OF 59 DEGREES 01 MINUTES 36 SECONDS, A RADIUS OF 330.00 FEET, AN ARC LENGTH OF 339.97 FEET (CHORD OF SOUTH 57 DEGREES 12 MINUTES 38 SECONDS EAST A DISTANCE OF 325.13 FEET) TO A SET IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 1797.84 FEET TO A FOUND IRON PIN; THENCE NORTH 03 DEGREES 30 MINUTES 26 SECONDS EAST A DISTANCE OF 35.49 FEET TO A FOUND RAILROAD SPIKE IN EDWARDS ROAD ON THE NORTH LINE OF THE 27.4367 ACRE ANDREW TRACT; THENCE SOUTH 88 DEGREES 03 MINUTES 58 SECONDS EAST WITH THE NORTH LINE OF THE 27.4367 ACRE ANDREW TRACT A DISTANCE OF 172.15 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 91.921 ACRES OF LAND. EXHIBIT "B" RESOLUTION RESOLUTION NO. ~00~--~ ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ENCOURAGING RESIDENTS OF THE CITY OF DENTON TO VOTE AT THE SALES AND USE TAX ELECTION FOR THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS The Denton County Transportation Authority (the "DCTA") was created by House Bill 3323, approved by the 77th Texas Legislature and signed into law by the Governor, in 2001; and WHEREAS, Denton County and City of Denton voters established and confirmed the DCTA on November 5, 2002; and WHEREAS, a sales tax election is being held on September 13, 2003, with early voting taking place currently, to adopt a ½ cent sales and use tax for the DCTA in the cities of Denton, Copper Canyon, Corinth, Double Oak, Flower Mound, Highland Village, Lewisville and Shady Shore. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Denton City Council encourages the residents of the City of Denton to exercise their rights and make it a priority to cast their vote for or against the ½ cent sales and use tax to fund the DCTA and its transportation service plan. SECTION 2. This resolution shall become effective immediately upon its passage and approval. P^SSED ? OVED the day ofA4a a , 2003. EULINE BROCK, MAYOR ATTEST: HERB~RNEY BY: RESOLUTION A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2003 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2003 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton 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, as an entitlement city under the Community Development Block Grant program and a participating jurisdiction under the HOME Investment Partnerships program, has prepared through a citizen participation process, a plan for using its 2003 CDBG, HOME and program income funding in the approximate amount of $1,730,759; and WHEREAS, the City of Denton wishes to reallocate $10,000 in 2003 HOME funding from the Infill New Housing Construction Program to the Home Improvement/Optional Relocation Program and reallocate $10,000 in CDBG funding from the Home Improvement Program to a new project, the Owsley Community School Renovation project; 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 submit to the US Department of Housing and Urban Development an amendment for the reallocation of funds in the 2003 Action Plan for Housing and Community Development that was previously submitted for a grant application with appropriate assurances for CDBG and HOME funds under the Housing and Community Development Act of 1974 and the Affordable Housing Act of 1990, as amended, to provide $10,000 to the Owsley Community School Renovation Project. SECTION 2. That the City Council authorizes the City Manager or his designee to handle all fiscal and administrative matters related to the amended Action Plan. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /3~-'~ day of~, 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: RESOLUTION RESOLUTION NO. / 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 6, 8 and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Dr. Lindsay Keffer - Place 6, Mr. Jay Anderson - Place 8, and Mr. Jim Brock - Place 9 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Dr. Lindsay Keffer is hereby reappointed to Place 6 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2003 and continuing through September 30, 2005. SECTION 2. That Mr. Jay Anderson is hereby reappointed to Place 8 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2003 and continuing through September 30, 2005. SECTION 3. That Mr. Jim Brock is hereby reappointed to Place 9 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2003 and continuing through September 30, 2005. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /(~/~ dayof ~, ~/¢~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, C~,T~Y ATTORNEY RESOLUTION RESOLUTION NO. /~/?~7~ ~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICY REGULATING DRESS CODE/PERSONAL APPEARANCE OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a dress code/personal appearance policy for city employees to maintain a positive and professional appearance of 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 dress code/personal appearance 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 108.07 "Dress Code/Personal Appearance" 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 108.07. 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 ~J~~j~ ,2003 EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~Resolutions~03~ress Code Policy.doc 2 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.07 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES INITIAL EFFECTIVE DATE: 12/17/85 TITLE: DRESS CODE/PERSONAL APPEARANCE LAST REVISION DATE: 9/16/03 POLICY STATEMENT The employees of the City of Denton are expected to present a positive and professional image to fellow employees and the public. The City Manager is the appropriate person to issue proper guidelines on the dress and personal appearance of city employees. ADMINISTRATIVE DIRECTIVE: In order to project a positive, professional and safe environment, City of Denton employees are expected to maintain a positive and professional appearance at all times. I. Al1 employees are expected to comply with safety regulations--i.e., type of shoes, shirt sleeve length, etc.--as dictated by departmental and industry safety standards. II. All office/public contact employees are expected to be appropriately dressed and well groomed in order to reflect a professional businesslike atmosphere. IH. Clothing should be clean, comfortable, and appropriate for the job being performed, as determined by the supervisor and/or department procedures. Clothing having pictures, designs, words, and/or advertising not conducive to a professional image, see-through and/or otherwise sexually provocative clothing are prohibited for all employees. IV. Uniformed employees shall follow the guidelines under Policy 102.11 Uniforms. HRIPOLICY/108.07 RESOLUTION RESOLUTION NO. /~0.~-/9~ 7 ] A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICY REGULATING ILLNESS AND OFF DUTY INJURIES OF CITY EIVlPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a illness and offduty injury policy for city employees to consistently handle the illness and off duty injuries of city 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 illness/off duty injury 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 107.05 "Illness/Off Duty Injury" 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 107.05. 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 ~ V/J)/P/¢q./~/L/, 2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY &\Our Documents~Resolufions~03~Illness offduty injury Policy.dot2 CITY OF DENTON PAOE±oF ,1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 107.05 SUBJECT: EMPLOYEE BENEFITS AND SERVICES nXnTL~L EI~FECTIVE DATE: 11/01/94 TITLE: ILLNESS/OFF DUTY INJURY POLICY LAST REVISION DATE: 9/16/03 POLICY STATEMENT: The ability of the City to provide timely and adequate salmy confmuation and benefit programs to assist City employees absent from the job due to an injury or illness is dependent upon the City's ability to coordinate its handling of each individual case. This policy seeks to create a coord'mation and uniformity of the handling of all City employee disability or injury cases. It is expected that employees will assist and cooperate with the City in obtaining recommended medical treatments or therapy and rehabilitative services in order to return to work at the earliest possible date. This policy applies to all regular full-time and regular part-time employees who have completed the six month introductory period. On-the-job injury or illness is addressed in the "Occupational Injury Policy" (409.1) with the exception of"business necessity termination" (Section III of this policy). Civil Service employees will be governed by the provisions outlined in Chapter 143 of the Texas Local Government Code unless Chapter 143 does not address the disability issue, in which event the provisions of this policy will apply. ADMINISTRATIVE PROCEDURES I. DEFINITIONS E~ential fi~netions - The major duties essential to a position (with or without reasonable accommodation). These are determined by the job description of each position. The following should be considered in determining if a job function is essential: 1. The position exists, in part, to perform the function. 2. There are a limited number of other employees available to perform the function or among whom the function can be distributed. 3. A function is highly specialized, and the person in the position is hired for special expertise or ability to perform it. Reaannahle Aeet~rnrnodat/nn - A modification of the work environment or work process that enables a person with a disability to perform the essential functions of a job pursuant to the Americans with Disabilities Act of 1990 ("ADA") and associated regulations. The determination of what accommodations are reasonable shall be the determination of the City, but will be in .compliance with the provisions of the ADA. The determination of reasonable accommodation will also include consideration of whether an undue hardship will be posed on PAGE~_OF 11 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NUMBER: 107.05 the operations of the department or division, or if a direct threat to the health or safety of the employee or others will be posed. Undue l-lard~hip - defmed by the ADA as an action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. Direct Threat - a health or safety risk that, based on valid medical and/or other objective evidence, is determined to pose a significant risk of substantial harm, and which cannot be reduced to an acceptable level with reasonable accommodation. Disability - Under the ADA, an individual with a disability is a person who has: a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impa'mnent. F. lllne~a: l~ury: nr Medical Cnndifion - A temporary physical or mental impakment that does not substantially limit one or mom of the major life activities of an individual. Bngine~g Necessity Termination - Occurs when a department's or division's productivity or ability to deliver services is adversely affected because an employee is unable to perform the essential functions of the position for which that employee is hired, and no reasonable accommodation can be made. H. Mmlif:md_I~ - Any restriction placed on an employee by a treating physician that requires an employee to do less than his/her full job. Modified duty will not extend beyond 120 days. Fxtended 1 .cave of Ahgence - Leave of absence that has been approved by the City Manager or his/her designee after an employee has already had more than twelve (12) weeks of absences in a twelve (12) month period, not includ'mg leave pursuant to the Family and Medical Leave policy. An Extended Leave of Absence shall not exceed twenty-four (24) weeks. J. Notice - When the City of Denton is required to give notice under the following administrative procedures, notice shall be written and sent by United States first-class mail to the employee's last known home address as provided to the Human Resources department. Date of the notice is the same date the notice is placed and postmarked into the United States mail. H.PROCEDURES A. When an employee is unable to perform the essential functions of his/her position due to a disability, injmy, illness, or medical condition (and reasonable accommodation is not possible), HR/POLICY/107.05 PAGE._3_OF 11 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued'~ HTITLE: OFF-DUTY INJURY OR lLLNESS POLICY REFERENCE NUMBER: 107.05 the City may separate the employee due to business necessity and fill the position except as is restricted by the Family and Medical Leave Act. (See Section III below.) Eligibility for benefits as defined in this procedure is dependent upon the complete compliance of the employee with the responsibilities outlined in this procedure and the requirements and procedures stated in the employee benefit booklets or appropriate benefit policies. An employee who experiences an off-the-job injury or illness that renders the employee incapable of performing his/her regularly assigned duties shall use his/her accrued sick, vacation and, if applicable, compensatory leave balances. The employee shall use his/her available leave balances until the earlier off The date the employee has exhausted all such leave balances (if exhausted, refer to "Personal Leave Without Pay Policy" [ 111.08] or the "Family and Medical Leave Policy" [107.04]); 2. The date the employee is able to return to work and perform the essential functions of his/her position; or The date the employee has accumulated twelve (12) weeks of absences in a twelve (12) month period, not includ'mg FMLA leave, unless the employee applies for and is approved for a Extended Leave of Absence by the City Manager or his/her designee. An employee who is unable to perform the essential functions of his/her position due to a disability, injury, illness, or medical condition (and reasonable accommodation is not possible) is not guaranteed a remm to his/her position at the completion of his/her injury or illness leave except that in the case of Family and Medical Leave the employee will return to an equivalent position with equivalent benefits, pay and other terms and conditions of employment, in accordance with FMLA regulations. If after consultation with Human Resources and the Risk Manager (in the case of an on the job injury), a supervisor detemaines that a department's or division's productivity or ability to deliver services is adversely affected because an employee is unable to return to his/her position, the employee may be administratively removed from his/her position during his/her leave. When an employee who has been administratively removed from his/her position is able to remm to work with the appropriate medical releases, that employee will be considered for any open position in the City for which that employee is qualified. Employees who are not disabled as defined by the ADA will be required to compete for open positions. HR/POLICY/107.05 PAGE~_OF I I POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ¢Continued} TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NUMBER: 107.05 E. Benefits will be calculated as listed below: Employees who are absent from work due to an injury, illness or approved Extended Leave of Absence shall continue to accrue vacation and sick leave for as long as they are receiving paid leave (i.e. sick, vacation, or compensatory time). 2. Benefit accrual and usage would follow the provisions of the "Family and Medical Leave Policy" (107.04). An employee shall not be eligible to receive tuition reimbursement unless it is for an approved course which was already in progress at the time the employee became unable to perform his/her job duties and the course has been successfully completed and documented as required by the "Tuition Reimbursement Policy" (107.09). The City will cont'mue to pay its portion of benefits for the employee as provided by the Family and Medical Leave Act (FMLA) of 1993 and the Family and Medical Leave policy (107.04). The employee and eligible dependents will remain qualified for benefits coverage through the City's group plans as long as the premiums for the employee and dependent coverage under the City plans are paid on a timely basis by the employee (either through payroll deduction or personal payment). It is the responsibility of the employee to make arrangements for the payment of these premiums if they cannot be made by a payroll deduction. Regular full-time and regular part-tune employees who are not able to work for an extended period of time may be eligible to apply for long-term disability benefits. The employee is responsible for contacting the Risk Management office as soon as he/she is able in order to discuss eligibility qualifications. Some benefits may not be available if the employee fails to apply for the benefits within the time mandated by the benefit provider. F. Employees who qualify for FMLA leave must comply with all provisions of the Family and Medical Leave policy (107.04). llI. BUSINESS NECESSITYTERMINATION DUE TO UNIFORM ABSENCE CONTROL An employee may be terminated as a business necessity due to uniform absence control when the employee has been unable to perform the essential functions of his/her job with or without reasonable accommodation for a period of twelve (12) weeks within a twelve month period, not including the use of any FMLA leave. This time need not be consecutive. This section applies to both on-the-job and off-the-job injuries or illnesses for employees who have completed their PAGF~5_0F 11 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE107.05NUMBER: introductory period. The City will use a "rolling" 12-month period measured backward from the first date an employee uses any leave for either on-the job or off-the-job injuries or illnesses in order to calculate the twelve weeks. Supervisors shall obta'm approval from the Director of Human Resources or his/her designee prior to initiating a termination due to uniform absence control. The Risk Manager shall also be consulted if any absence is due to an injury that occurred on the job. In the case of an employee with a disability as determined by the ADA, termination would not be considered unless no reasonable accommodation (which would not cause undue hardship on the organization or pose a direct threat to the health or safety of the employee or others) exists that would enable the employee to perform the essential functions of his/her position, and no job reassignment is available (see Section VII of this policy entitled "Job Reassignment"). If after reviewing these factors, the supervisor with the guidance of the Human Resources Director or his/her designee and, in cases of on the job injuries, the Risk Manager determines that the employee cannot remm to perform the essential functions of his/her job, then the employee will be notified in wrifmg of the proposed termination at least two weeks before the termination will take effect. An employee who receives notice of intent to terminate under this section shall be afforded the right to seek an Extended Leave of Absence, as more fully discussed below in section IH. D. Business necessity tennination due to uniform absence control is not a discipl'mary action and does not operate to deny an employee the use of accrued benefits as outlined in appropriate policies. An employee who has received notice of the City's intent to terminate the employee for absences in excess of twelve (12) weeks in a twelve month period or for absences due to an off- duty injury or illness may apply for an Extended Leave of Absence for up to twenty-four (24) weeks of additional leave to the City Manager or his/her designee. In order to apply for the Extended Leave of Absence, the employee must present a written request to his/her supervisor and the Director of Human Resources stating the length of additional leave requested and identifying masons in support of the request for additional leave. The Director of Human Resources or his/her designee and, in the case of on-the-job injuries, the Risk Manager will review the employee's request and make a recommendation to the City Manager or his/her designee. The decision on whether to approve the employee's request for additional leave is lefi to the sole discretion of the City Manager or his/her designee. The following shall be taken into consideration when reviewing the employee's request for Extended Leave of Absence: 1. A doctor's prognosis indicating whether or not the employee will be able to perform his/her regular duties or modified duties if available. In the case of an employee with a disability as defined by the ADA, termination would not be considered unless no reasonable accommodation (which would not cause undue hardship on the organization or pose a dimct threat to the health or safety of the employee or others) exists that would enable the PAGE~_OF ll POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NUMBER: 107.05 employee to perform the essential functions of his/her position, and no job reassignment is available (see Section VII of this policy entitled "Job Reassignment"). 2. A doctor's prognosis indicat'mg when the employee may be able to tatum to work. 3. The length of tune it would take to replace the employee in his/her position. 4. Whether the employee is willing to accept placement in a different, available position for which the employee is qualified. 5. Whether the employee has been willing to accept a modified duty assignment after expiration of any available FMLA leave for an on-the-job inju~. whether the employee is able to present satisfactory evidence of Ms/her inability to remm to work, either in a limited duty capacity if such work is available, or to regular duty according to the timetable established in this procedure or upon request by the City. 7. Whether the employee has made any falsifications or misrepresentations concerning his/her physical condition or capacity. 8. whether the employee fails or refuses to return to regular duty on the day specified by the treating physician. Whether the employee mainta'med contact with his/her immediate supervisor on a regular basis (as directed by his/her supervisor) and notified him/her of his/her condition and expected return-to-work date. If the employee was unable to make contact personally, he/she should have someone contact his/her supervisor on his/her behalf. 10. Whether the employee provided requested progress reports from the treating physician. SUPERVISOR RESPONSIBILITIES FOR DISABILITY, INJURY, ILLNESS, OR MEDICAL CONDITION: Within seven (7) days of the date the employee's disability, injury, illness, or medical condition begins, the supervisor must notify the employee in writing of his/her obligation to contact the supervisor on a regular basis. (The recommended reporting time is once a week, but the supervisor can elect to change this reporting rune to more frequently or less frequently after consulfmg with the Human Resources Department). Each supervisor shall establish procedures for this reporting requ'trement, inform the disabled, injured, or ill employee of the procedures, and notify the employee that failure to follow these procedures could result in disciplinary action. HR/POLICY/107.05 PAGE~_OF I 1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NUMBER: 107.05 Each supervisor, with the consultation of the Human Resources depa~hnent and the Risk Manager in the case of an on the job injury, shall notify the disabled, ill or injured employee in writing of his/her obligation to provide a monthly progress report, if applicable, from his/her attending physician regarding his/her medical condition and rehabilitation options as they relate to his/her ability to return to full duty. This report shall include: 1. Whether the employee will be able to retum to full duty with no restrictions. If so, when? 2. Whether rehabilitation is an option? If not, why not? 3. Are any accommodations necessary for the employee to remm to full duty? If so, describe. C. Upon exhaustion of paid sick and/or vacation time, the supervisor shall submit an "Employee Status Form" to notify Human Resources to stop leave accrual. EMPLOYEE RESPONSIBILITIES FOR DISABILITY, INJURY, ILLNESS, OR MEDICAL CONDITION: A. Employees who are disabled, ill, injured, or have a medical condition are required to notify their immediate or designated supervisor immediately if they are going to be absent from work. B. The employee will periodically provide a progress report from his/her treating physician as indicated in Section IV.B. of this policy. The employee must contact his/her supervisor as established in Section 1V.A. of this policy until he/she returns to work or the end of the twelve (12) week period, not including leave pursuant to the Family and Medical Leave policy (107.04), in which the employee is unable to perform the essential functions of his/her position. If the employee is unable to make contact personally, he/she shall have someone contact his/her supervisor on his/her behalf. The City must be aware of the employee's status in order to plan and assign work duties and responsibilities in an efficient manner. An employee who fails to contact his/her supervisor or provide prognosis report(s) in accordance with this policy shall be subject to disciplinary action in accordance with the "Disciplinary Action Policy" (109.01). VI. RETURN TO WORK FOR FULL DUTY A. The following reporting requirements apply when an employee returns to work from an off-the- job disability, illness, injury, or medical condition: 1. An employee returning to duty at the expiration of his/her Family and Medical Leave or HPdPOLICY/107.05 PAGE~_OF-LI. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NDMBER: 107.05 aRer being unable to work for ten (10) or more working days due to a disability, illness, injury, or medical condition which is not covered by the FMLA must provide a written release to the supervisor from the attending physician indicating the employee's fitness to retum to full duty. The supervisor must then forward the release to the Director of Human Resources or his/her designee. In the case of an employee who mmms to work fi:om a disability, illness, injury, or medical condition in less than ten (10) working days, the employee is not automatically requ'tred to fumish a doctor's release to his/her supervisor, unless the employee's leave was pursuant to the Family and Medical Leave policy (107.04) in which case the employee must always furnish a doctor's release if the leave was taken for the serious health condition of the employee. The supervisor, at his/her discretion, may require the employee to furnish a release from the attending physician if he/she feels the employee's disability, injury, illness, or medical condition may not permit the employee to safely perform the job. When the supervisor requires such a release from the attending physician, the employee must take his/her release to the supervisor who must then forward it to the Director of Human Resources. The City reserves the fight to require an independent physical or mental assessment, at the City's expense, upon the retum to work of an employee from a disability, illness, injury, or medical condition to determine whether the employee is able to perform the essential functions of the job. If the independent physical or mental assessment differs from the opinion of the employee's attending physician and the employee disputes the City's independent assessment, a third physical or mental assessment by an independent physician, to be agreed upon by the employee and the City, may be made at the City's expense and the third opinion will be the determinative assessment. Upon return from leave within a twelve (12) week period, excluding any applicable Family and Medical Leave, aRer the beginning date of a disability, illness, injury, or medical condition, an employee who exercises any right provided under this section, if able to perform the essential functions of the position with or without reasonable accommodation, shall: 1. retum to the position held by the employee when the leave commenced; or be placed in an equivalent position with equivalent benefits, pay and other terms and conditions of employment, if the employee is on Family and Medical Leave and timely returns to work in accordance with the Family and Medical Leave policy (107.04); or 3. be placed in a vacant position which he/she is qualified to perform. VII. JOB REASSIGNMENT HP~POLICY/107.05 PAGE_9_OF 11 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NLrMBER: 107.05 A. Job reassignment will be provided as follows when an employee is unable to return to his/her current position due to a disability, illness, injury, or medical condition: If a position for which the employee is qualified and physically able to do is vacant, the employee may be considered for transfer to a job reassignment. Job reassignment will only be considered within the twelve (12) week period, excluding any applicable Family and Medical Leave, from the date of disability, illness, injury, or medical condition. It will be the employee's responsibility to contact the Human Resources Director or his/her designee to identify positions for which he/she may be qualified and physically able to perform, and to request such job reassignment. Should an employee be unable to remm to work in his/her current position due to a disability, the City may provide job reassignment as a reasonable accommodation in accordance with the Americans With Disabilities Act of 1990. Job reassignments are not guaranteed. Such requests will be discussed with the Director of Human Resources and the Department Director of the hh'ing department before such a decision will be made. Interviews with the hiring supervisor will be conducted. Rate of pay will be determined by the Compensation/Classification Guidelines for the position to which the employee is being reassigned. VIII. MODIFIED DUTY Modified duty assignments may be considered based on the following when an employee is unable to perform the duties of his/her current position due to a disability, illness, injury, or medical condition: If a modified duty position in the department is available which the employee is physically able to do. Modified duty status will only be considered during the twelve (12) week period from the date of disability, illness, injury, or medical condition in addition to any Family and Medical Leave used. It will be the employee's responsibility to contact his/her supervisor and the Human Resources Director to determine if a modified duty position for which he/she may be qualified and is physically able to perform, is available. Modified duty assignments are considered temporary and will last no longer than 120 workdays. Type and length of modified duty assignments will be contingent upon availability and a doctor's statement indicating any restrictions in performing modified duty assignments. HR/POLICY/107.05 PAGE I0 OF 11 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued~ TITLE: OFF-DUTY INJURY OR ILLNESS POLICY REFERENCE NUMBER: 107.05 C. Modified duty assignments are not guaranteed. Such requests will be discussed with the Department Director and Human Resources Director prior to assignment. IX. REASONABLE ACCOMMODATION A. Reasonable accommodation will be provided to any otherwise qualified employee with a known disability as defined by the Americans With Disabilities Act of 1990. B. Reasonable accommodation will be provided only when it enables the employee to perform the essential functions of the job and it does not prove to be an undue hardship, as determined by the Americans With Disabilities Act of 1990, to the organization. Requests for reasonable accommodation must be submitted by the individual to the Director of Human Resources or his/her designee. The requests for reasonable accommodation will be reviewed in accordance with the City's "American's With Disabilities Act Policy" (100.02). X. SEPARATION OF EMPLOYMENT This procedure does not preclude an employee from being terminated under policy 109.01, or under an official reduction-in-fome due to budget reductions. XI. RESPONSE HEARING PROCEDURES The City Manager or his/her designee shall consider any response to a decision made pursuant to this policy or any decision made by the ADA Committee. All response hearing requests must be submitted in writing to the Director of Human Resources within ten (10) working days of the action or decision (as outlined in "Disciplinary Appeals Policy" [109.03]). XII. MEDICAL RECORDS All medical records obtained pursuant to this procedure will be kept in confidential medical files as required by the Americans With Disabilities Act of 1990. HR/POLICY/107.05 RESOLUTION RESOLUTION NO. ~00~- ff~¢ / A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY POLICY REGULATING INCENTIVE/RECOGNITION PROGRAMS OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas desires to establish an incentive/recognition program policy for city employees to establish policy to develop incentives and recognition programs to enhance city employees; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a policy regarding employee rules and regulations concerning the incentive/recognition programs 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 106.10 "Incentive/Recognition Programs" 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. 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. PASSEDANDAPPROVEDthisthe/~¢dayof ~g_~~ ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumentshResolutions~03~lncentive and r~cognifon progr~n Policy.doc CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: ~ RESOURCES REFERENCE NUMBER: 106.10 SUmECT: WAGE AND SALARY PLAN INITIAL EFFECTIVE DATE: 09-16-03 TI'fLE: INCENTIVE/RECOGNITION PROGRAMS LAST REVISION DATE: POLICY STATEMENT: The City of Denton recognizes the importance of rewarding employees when their actions positively contribute to the success of the City's mission, goals, and objectives. As a result, the City Manager or his/her designee has the authority to implement incentive and/or recognition programs that promote the success of the City's mission, goals, and objectives. ADMINISTRATIVE PROCEDURES: I. General Guidelines Any department head wishing to implement an incentive and/or recognition program in his/her department should submit a recommendation to the City Manager or his/her designee for his/her approval. The recommendation should include the following: A. Purpose of the incentive and/or recognition program, specifically defining how it will contribute to the success of the City's mission, goals, and objectives B. Eligibility criteria C. Anticipated duration of the program D. Type and value of award(s) that will be distributed (i.e., monetary, gitt certificates, tangible property, etc.) E. Frequency of distribution of award(s) F. Somce of funding for the award(s) G. Approval by the Assistant City Manager for the affected area Prior to the final approval of any incentive and/or recognition program, the City Manager or his/her designee will review the program to ensure (1) compliance with this policy, (2) consistency with City practices and standards, (3) the Management and Budget department has reviewed the program for compliance with IRS regulations. A copy of any incentive and/or recognition program should be forwarded to the Human Resources department. HR/POLICY/106.02 PAGE~2_OF~5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: INCENTIVE/RECOGNITION PROGRAMS REFERENCE NUMBER: 106.10 1I. Categories of Incentive/Recogultion Programs A. Service Awards This program recognizes employees for their dedicated service to the City of Denton during a Service Awards Banquet. Employees are recognized for years of service in 5-year increments (i.e., 5 years, 10 years, 15 years, 20 years, etc.) with a certificate, lapel pin and girl for the appropriate years of service. The Human Resources department is responsible for the oversight and coordination of this program. B. Safety Awards The City of Denton is committed to the development of an aggressive city-wide safety program that promotes a safe work environment throughout the City organization. A program that recognizes employees for their achievements in promoting and maintaining a safe work environment is a valuable tool in meeting this goal. All safety incentive programs must be documented and based on measurable goals directly related to the type of work performed by the employees receiving the incentive and/or industry benchmarks for the subject work unit. Development of any safety incentive program should be coordinated through Risk Management or Utility Safety and Training, as applicable. Risk Management and Utility Safety and Training shall work together to assure a coordinated safety program for the City. A copy of all safety/recognition program documentation must be filed with Risk Management as well as the Human Resources department. C. Long-term Business Incentive Strategy This incentive program allows department heads to award an employee up to a 5% lump sum award (calculated on the employee's annual base salary) when he/she contributes to the City's mission, goals, and objectives in the following areas: Aggressively involving citizens and businesses to help deliver services; Aggressively involving citizens in selecting services and products; Identifying and implementing new alternative revenue sources; Becoming a unique and special city in the metroplex; Expanding and diversifying the local economy by attracting and expanding desirable commercial, industrial, and education enterprises; HIUPOLICY/106.02 PAGE_3_OF5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: INCENTIVE/RECOGNITION PROGRAMS REFERENCE NUMBER: 106.10 Implementing new programs/services, enhancing current programs/services or receiving special recognition that contribute to the City's mission, goals, and objectives; Excellence in achieving operation goals and objectives. Any award over $500 should be approved by the Assistant City Manager for the area. The Human Resources department is responsible for the oversight of this program; however, awards are paid by individual departments through savings in their existing operating budget. Programs or services should not be abandoned in order to fund these awards. Any director granting an incentive award should submit a memorandum and an employee status record to the Human Resources department for processing. The memorandum should include a justification as to why the award is being granted, the amount of the award (i.e., percent awarded), how the award will be funded, and the effective date for the award. Because this program should only be used for recognition when employees go above and beyond their normal responsibilities, awards typically should not be granted to an individual more than once a year. D. Attendance Awards This program allows departments to recognize employees for not having any absences relating to sick time. However, any depath~ent director wishing to implement such a program needs to ensure employees who have used sick time under the Family Medical Leave Act are not penalized, pursuant to section 825.215 of the Department of Labor Final Rules and Regulations. Oversight and coordination of such a program is the responsibility of individual departments. E. General Recognition/Achievement Awards The City of Denton encourages the creation and promotion of a work environment that recognizes, motivates, and rewards employees for a job well done. Creating positive employee morale is critical to ensuring employee longevity with the organization. As a result, it is recognized that department directors may want to develop departmental specific programs. Any recognition program must be approved by the City Manager or his/her designee and must comply with all aspects of this policy. III. Cash and Cash Equivalent Awards HR/POLICY/106.02 PAGE~4_OF5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: INCENTIVE/RECOGNITION PROGRAMS REFERENCE NUMBER: 106.10 Awards may be given in the form of cash or cash equivalents. Cash equivalents include such things as gift certificates, tickets to movies or sporting events or meals. If the award is to be given in the form of a check, the check must be produced by the City's payroll depadment. If cash, gift certiftcates, tickets, etc. are to be given, the following information must be provided to the City's payroll department two weeks prior to the presentation of the award: The name and JDEdwards address number of each employee The amount of each award The date the award will be given The type of award (i.e., safety, incentive) As these types of awards are taxable to the employee (see Section IV), the payroll depatlment will ensure that the tax records of each employee are properly updated. Please note that these procedures apply without regard to the value of the award. W. Taxability Criteria Service awards, safety awards, and other achievement awards may be subject to federal income tax withholding, social security, Medicare, and federal unemployment tax if certain conditions are not met. A. Length of Service Awards The award must meet the following criteria to be excluded fi.om the employee's income and fi.om federal income and employment taxes: 1. The award must be tangible personal property. Awards of cash, cash equivalents, gift certificates, or other intangible property must be included in the employee's income and are subject to federal income and other employment taxes. 2. The award must be given under conditions and circumstances that do not create a significant likelihood of the payment of disguised compensation. 3. The award must be given as part of a meaningful presentation. 4. The employee cannot receive the award during the first five years of his or her service. 5. The employee may not have received another length-of-service award (other than one of very small value) during the same year or in any of the prior four years. B. Safety Achievement Awards The award must meet the following criteria to be excluded from the employee's income and HPdPOLICY/106.02 PAGE_.i_OF_.5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued] 11TIT~E: INCENTIVE/RECOGNITION PROGRAMS REFERENCE NUMBER: 106.10 fi'om federal income and employment taxes: 1. The award must be tangible personal property. Awards of cash, cash equivalents, gift certificates, or other intangible property must be included in the employee's income and are subject to federal income and other employment taxes. 2. The award must be given under conditions and circumstances that do not create a significant likelihood of the payment of disguised compensation. 3. The award must be given as part of a meaningful presentation. 4. The award may not be given to a manager, administrator, clerical employee or other professional employee. 5. During the tax year, not more than 10% of the organization's employees, excluding those listed above, may have received a safety achievement award (other than one of very small value). If an award meets the criteria listed above AND is a qualified plan award (part of an established written plan or program that does not favor highly-compensated employees), then awards up to $1,600 may be excluded from the employee's income and fi.om federal taxation. If the award is NOT a qualified plan award, then the exclusion mount is $400. HPdPOLICW106.02 RESOLUTION RESOLUTION NO. ~9~7~--t~ 7 ! A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICY REGULATING USE OF TOBACCO PRODUCTS BY CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a smoke free workplace policy for city employees to regulate the use of tobacco products by city employees; and WHEREAS, the City of Denton, Texas desires that the smoke free workplace policy should be expanded to include other tobacco products; 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 tobacco products 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 108.03 "Use of Tobacco Products" 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 108.03. 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 ~~ ,2003 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~.esolutions~3\Use of Tobbacco Products Polic'~.doc CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 108.03 SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES ~rHAL EFFECTIVE DATE: 06/01/92 TITLE: USE OF TOBACCO PRODUCTS LAST REVISION DATE: 9/16/03 I. POLICY STATEMENT The City of Denton desires to conduct its operations with the utmost regard for the safety of its employees, its customers, and the public. One of the most valuable assets of the City of Denton is its employee workforce. In recognition of that belief, the City promotes the health, safety, and well-being of each individual through progressive health and benefit programs. The City's obligations include concern for all employees in all areas of known hazards and because environmental tobacco smoke is a carcinogen shown to cause disease, including cancer, in healthy non-smokers, as well as aggravate allergic reactions including watery eyes, coughing and headaches in susceptible individuals, all of which lead to impaired performance and increased health care costs. In addition, the use of smokeless tobacco is offensive to many people, citizens and co-workers alike. A work environment in which employees are allowed to use smokeless tobacco products promotes an image that many regard as unsanitary and unprofessional. It is therefore the policy of the City of Denton to limit use of smoking tobacco products and the use of smokeless tobacco products by City employees to certain areas designated by the City Manager or his/her designee. II. ADMINISTRATIVE PROCEDURES A. Definitions: "Municipal Facility" means any building or structure owned or operated by the City of Denton. "Open air vehicle" means any vehicle owned or operated by the City of Demon which, by its design, is incapable of isolating passengers fi.om the f~ee flow of outside air. An "open air vehicle" does not include automobiles, buses, vans or trucks. "Smoking" means the combustion of any product or material containing tobacco. "Smokeless Tobacco Products" means any product or preparation containing tobacco, including chewing tobacco, snuff, and smokeless tobacco, but not including cigarettes, cigars, or pipe tobacco. "Vehicle" means any car, u:uck, bus, or van owned or operated by the City of Denton, used for conveying persons, supplies, equipment, etc. HRJPOLICY/108.03A PAGE_2_OF~ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: USE OF TOBACCO PRODUCTS REFERENCE NUMBER: 108.03 The use of all tobacco products, including smokeless ones, is prohibited within any municipal facility of the City of Danton with the following exceptions: 1. Suspects and witnesses may smoke in designated areas of the Police Department during interviews and interrogations. Employees may not smoke in these areas at any time. 2. Smoking is permitted in a designated area of the jail. The use of tobacco products is prohibited in City of Denton vehicles. The use of tobacco products in open-air vehicles is subject to the discretion and approval of the supervisor of that area. The Director of Facilities Maintenance or designee shall conspicuously place "No Smoking" signs at the entrances of all municipal facilities and shall additionally place signs designating authorized smoking areas in the Police Department. Employees will be allowed to smoke outside the City of Denton facilities during their normal break period and lunch so long as they are at least twenty (20) feet away from an entrance or exit to the building. An entrance or exit to the building is defined to include any entry steps or ramps. An employee shall responsibly dispose of all waste products generated by his or her use of tobacco products. Notwithstanding any other provision of this policy allowing the use of smokeless tobacco products, a supervisor may prohibit the use of smokeless tobacco products in any area where employees fail to responsibly dispose of waste products generated by the use of smokeless tobacco products. Any employee who uses tobacco products in violation of this policy is subject to disciplinary action as outlined in Policy 109.01 Disciplinary Action. Smoking Cessation Programa: City employees who experience performance or personal difficulties while ovemoming a hicotine addiction may seek help through the City's health insurance program or Employee Assistance Program (EAP), outlined in Policy 107.10 Employee Assistance Program. Interested employees or supervisors may contact a representative of the Human Resources Department for assistance. Supervisors are responsible for communicating this policy to, and enfoming the policy upon, their employees. HR/POLICY/108.03A RESOLUTION RESOLUTION NO. 4~P~-- O~ A RESOLUTION ALLOWING LA MEXICANA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON SEPTEMBER 27, 2003, 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 Co); WHEREAS, the City Council fmds that it is in the public interest to select only one vendor of alcoholic beverages at the Fuego Y Alma; and WHEREAS, Valentin Carmona, doing business as La Mexicana (called "La Mexicana") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on September 27, 2003; and WHEREAS, the Parks and Recreation Board has recommended that La Mexicana 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. La Mexicana shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on September 27, 2003 at the Civic Center Park upon the following conditions: o They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary hcense 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 fxom 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 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 herenfby reference. .SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,/~/~ dayof ~, ~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumentsXResolutions~03~Fuego Y Alma alcohol sell.doc CMC CENTER AGREEMENT FOR TglE FUEGO Y ALMA CELEBRATION STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this //g~ day of ~..~-~,~.,~.. 2003, by and between the City of Denton, a municipal corporation, hereinafter ~eferred to as the "CITY" and Valentin Carmona doing business as La Mexicana (called "La Mexicana "). 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 La Mexicana the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on September 27, 2003, 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 2003. ARTICLE 2 SCOPE OF SERVICES La Mexicana in order to exercise the privilege to sell alcoholic beverages must perform the following: La Mexicana 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. La Mexicana shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. La Mexicana 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. La Mexicana'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 La Mexicana 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. La Mexicana shall pay all taxes, if any, of every nature and description arising out of or in any · manner connected with the sale of alcoholic beverages. La Mexicana will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 4 INDEMNITY AGREEMENT La Mexicana shall indemnify and save and hold harmless the CITY and its officers, 'agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of La Mexicana 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, La Mexicana shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 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. La Mexicana 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 Fuego Y Alma Celebration Agreement - Page 2 shall not be canceled or modified without written notice to the CITY and La Mexicana. In such event, La Mexicana shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 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 La Mexicana: To CITY: La Mexicana: Valentin Carmona 619 S. Locust Denton, Texas 76201 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 no exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended.as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABlLITY 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 PROltlRITED In performing the services required hereunder, La Mexicana 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 La Mexicana represents that it has or will secure, at its own expense, all personnel required to perform ail the services required under this Agreement. Such personnel shail not be employees or officers of~ or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY La Mexicana shall not assign any interest in this Agreement, and shail 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 Agreementor of any covenant, condition, or limitation herein contained shail be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shail 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. ~0Q~ - 0,~) Venue of any suit or cause of action under this Agreement shail 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 informationai 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 La Mexicana has executed this Agreement through its duly authorized undersigned officer on this the /~/~ day of~ 2003. CITY OF DENTON, TEXAS ~CHAEL ~A. ~ONDUFF, ~ MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Valentin Carmona Sole Proprietor WITNESS: BY: Fuego Y .Alma Celebration Agreement - Page 5 RESOLUTION I EXHIBIT A RBSOLUTION NO. ! A RESOLUTION ALLOWING LA MEXICANA TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON SEPTEMBER 27, 2003, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMrrY 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 Co); 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, Valentin Carmona, doing business as La Mexicana (called "La Mexicana") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y ALma Celebratinn on September 27, 2003; and WHEREAS, the Parks and Recreation Board has recommended that La.Mexicana 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. La Mexicana shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on September 27, 2003 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 pemfit 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. o 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 iris 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 /~/~ dayof ~9~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~R~solutions~03~Fucgo Y Alma alcohol sell.doc RESOLUTION RESOLUTION NO./~ t~t~,-~/ / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REQUESTING THE TEXAS MUNICIPAL LEAGUE OPPOSE LEGISLATION THAT ERODES A CITY'S ABILITY TO CHARGE AN EQUAL AND UNIPORM DRAINAGE FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2003 regular session, the legislature enacted legislation that exempts state properties and state colleges and universities from paying municipal storm water utility fees; and WHEREAS, Floor Amendment No. 2 to H.B. 9 (second called session) exempts private institutions of higher learning from paying a drainage utility fee amending Section 430.003, Local Government Code, as added by the 78th Legislature, Regular Session; and WHEREAS, these private entities benefit from the flood prevention and storm water control provided by storm water utilities, and to exempt them from fees would begin a "piling- on" of other private entities or public entities wanting exemptions from municipal drainage fees; and WHEREAS, public and private entities should pay their fair share of the City's efforts to prevent flooding and to respond to costly federal mandates relating to storm water nm-off; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League oppose legislation for private entities or public entities wanting exemptions from municipal drainage fees. 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. and approval. PASSED AND APPROVED this the/~:~/~ day of _(~,.~r/~7.4~/ EULINE BROCK, MAYOR That this resolution shall become effective immediately upon its passage · 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESOLUTION NO. ~O~Z~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REQUESTING THE TEXAS MUNICIPAL LEAGUE OPPOSE LEGISLATION THAT ERODES A CITY'S ABILITY TO IMPOSE AN EQUAL AND UNIFORM IMPACT FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 39'5 of the Texas Local Government Code allows a city to enact an impact fee; and WHEREAS, many public and private entities have asked the City to waive the impact fee; WltEREAS, to exempt public and private entities from impact fees would erode a city's ability to i/mpose an equal and uniform impact fee; and WHEREAS, public and private entities should pay their fair share of the impact fee imposed as a result of their development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League oppose legislation for public or private entities wanting exemptions from municipal impact fees. 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/~;r~ dayof ~7~J ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION RESOLUTION NO. l- A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2003 STATE LEGISLATIVE PROGRAM FOR THE 78TM THIRD CALLED LEGISLATIVE SESSION; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Governor Rick Perry has called a third special session commencing on September 15, 2003;and WHEREAS, redistricting, general government, public school finance issues and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its legislation program for the 78th Second Called Legislative Session, attached as Exhibit "A", NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the City of Denton's Legislative Program 78th Second Called Legislative Session 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, or their designees shall communicate the items included in the state legislative program to members of the Texas Legislature. SECTION 3: 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. SECTION4: That the Mayor, City Manager and the City Attorney, or their designees are directed to communicate to the members of the Texas Legislature and actively oppose any legislation which diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority. SECTION 5. 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. SECTION6: 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/~L~ day of~, 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EULINE BROCK, MAYOR Exhibit A City of Denton Legislative Program for the 78th Third Called Legislative Session The City of Denton supports the following Legislative Issues: Legislation adopting a Congressional Redistricting Map that maintains the City of Denton and Denton County in Congressional District 26, respecting communities of interest as required by the Federal Voting Rights Act. Legislation to re-establish the first Saturday in May as the May uniform election date. Legislation relating to corrections to HB 3588 from the just completed regular session that maintains local authority over regional transportation issues. Legislation that assists State Universities to contribute to the economic development of the university's surrounding region. Legislation that restores Telecommunications Infrastructure Fund (TIF) funding to local governmental libraries. Legislation relating to state fiscal management, including adjustments to certain school district fiscal matters made necessary by recent changes in state fiscal management; making related appropriations. Legislation that allows a city to charge an equal and uniform drainage fee to both public and private entities. The City of Denton will actively oppose any legislation that diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority. RESOLUTION RESOLUTION NO. ~Oa~-O~4 A RESOLUTION OF THE CITY OF DENTON, TEXAS ENCOURAGING INCLUSION OF TRANSPORTATION FUNDING IN THE SCOPE OF THE LEGISLATURE'S STUDY OF POSSIBLE TAX REFORM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, additional funding is urgently needed for investment in transportation infrastructure to reduce urban roadway congestion, to improve highway safety, and to provide statewide connectivity in Texas' transportation system; and WHEREAS, revenue generated from current-level state highway user fees and taxes can provide the additional funding urgently needed for investment in transportation infrastructure; and WHEREAS, the Legislature appropriated to the state highway fund less than $2.9 billion of the $6.9 billion revenue Texas collected from state highway user fees and taxes in fiscal year 2002; and WHEREAS, the 78th Texas Legislature requested that the Congress return to Texas for needed transportation funding 95% of federal highway user fee revenue collected in Texas, while the Legislature itself allocates only 37% of state highway user fee revenue to fund transportation; and WHEREAS, good public policy dictates that revenue from user fees and taxes be allocated to support the public's use of the services and facilities from which the fee/tax revenue flows; and WHEREAS, select committees of the Texas Legislature are now studying possible tax reform in anticipation of a possible Spring 2004 called session of the Legislature; and WHEREAS, broadening the Legislature's tax reform agenda to include replacement revenue for general government services now funded from highway user fee and tax revenues would be sound public policy enabling the Legislature to allocate highway user fee and tax revenue to fund needed transportation improvements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The Governor, Lieutenant Governor and Speaker of the House are respectfully urged to expand the scope of the Legislature's current study of possible tax reform to include replacement revenue for general government services now funded from highway user fee and tax revenues in order that the Legislature may allocate annual highway user fee and tax revenue to fund needed transportation improvements. SECTION 2: A copy of this Resolution be distributed to state executives and legislators. PASSED AND APPROVED this the ,~L/~ day of ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 2003. EULINE BROCK, MAYOR S:lOur Doc u r~n~skLegislation\03 State\AlS Transporlalion Study Resolution.duc Texas Tax Reform: 2004 ^ The Speaker of the House and the President of the Senate have each appointed public school finance committees to develop a recommendation that will fund the Foundation School Program, eliminate Robin Hood, and provide property tax relief. The recommendation is expected to include a substantial tax reform proposal for consideration by the Legislature in Spring 2004. The scope of this tax reform should include transportation funding as well as public school finance. The Legislature allocates 63% of state highway user fee revenues to fund general government services wholly unrelated to transportation. Highway safety and urban mobility needs have become too large to allow continuation of this diversion of highway user fee revenues. Who knows when the next tax reform opportunity will arise? Competing interests and complexities make it a subject that the Legislature rightly chooses to address no more frequently than necessary. Highway safety and the delays caused by urban roadway congestion have reached crisis proportions in Texas. That they haven't received the same level of publicity and attention given school finance ought not make them less important or urgent public policy issues for the Legislature to address in its current tax reform deliberations. Why should Texans care about urban mobility? · Commuters are spending an inordinate amount of time stuck in traffic going nowhere. This is time lost forever...time away from family. Economic prosperity requires urban mobility. If people and goods cannot move around the metropolitan areas efficiently, growth will shut down, the economy will stagnate, and Texans' quality of life will decline. Urban mobility is important to all of Texas. The four major metropolitan areas make up two thirds of the Texas economy. Their tax base generates the revenue that supports the public services for all Texans--rural as well as urban. Why should Texas invest more in transportation? We're losing the battle. Roadway congestion has already risen to a high level. Texas is home to 3 of the nation's top 6 cities for highest average annual delays due to traffic. And the problem is getting worse. In Dallas/Fort Worth, the typical motorist experienced an annual delay of 74 hours in 2000, up from 47 hours in 1994. 90% of the expected 2000-2025 Texas population growth of 9 million will live in one of the four major metropolitan areas or the border region...Dallas/Fort Worth, Houston, San Antonio, Austin, or the Border (Brownsville, Laredo, El Paso)...where 15 million of 21 million Texans already live. During the 1990's decade, vehicle miles traveled increased by 41%, roadway lane miles increased by 3%, and roadway congestion increased by 126%. If current trends continue, by 2025 delay time from roadway congestion will increase by 350%. · Delay resulting from roadway congestion in the major metropolitan areas drains $6 billion annually from the Texas economy. Texas Urban Roadway Congestion Measure (in 000s) AUSTIN DFW HOUSTON SAN ANTONIO 1991 2000 1991 2000 1991 2000 1991 2000 Travel Time Index 1.13 1.27 1.19 1.33 1.25 1.38 1.07 1.23 Annual Delay (Person-Hours) 6,420 20,640 59,710 141,125 52,200 120,945 6,850 25,505 Hours of Congestion 5.0 7.2 5.6 7.0 6.0 7.0 3.0 6.6 Pement of Congested Travel 35 62 40 59 53 65 19 52 Congested Lane Miles 38 58 35 50 48 55 23 45 Annual Lane-miles Needed 58 62 232 305 114 194 56 73 Congestion Cost ($million) 95 400 885 2,640 780 2,285 100 475 Measure 1991-2000 Rate of Increase AUSTIN DFW HOUSTON SAN ANTONIO Travel Time Index 108% 74% 52% 229% Annual Delay 221% 136% 132% 272% Hours of Congestion 44% 25% 17% 120% Pement of Congested Travel 77% 48% 23% 174% Congested Lane Miles 53% 43% 15% 96% Annual Lane-miles Needed 7% 31% 70% 30% Congestion Cost 321% 198% 193% 375% What level of investment is needed? What level of return would it provide? Texas will need to invest $179 billion in new construction, reconstruction, and maintenance over the next 25 years to maintain current congestion levels. That is $39 billion more than will be available if current practices and trends continue. To reduce congestion to levels where trips during peak hours take no more than 15% longer than trips during non-peak hours will require $78 billion more. (In 2000, the peak-period travel penalty in Houston was 38%; it was 33% in Dallas/Fort Worth.) The benefit-cost ratio for this $78 billion investment exceeds 5-to-1. The estimated value from less delay, fewer gallons of wasted fuel, and increased efficiencies to business and commerce is $511 billion not counting the 120,000 new jobs that would be created and the 775,000 tons of hydrocarbon emissions that would be eliminated. What source of revenue should fund the additional investment needed? Texas' use of toll revenue to expedite implementation of needed roadway capacity improvements is well-established in Dallas and Houston and is now beginning to expand to other metropolitan areas. Greater use of tolling will generate new revenue that will help address Texas' unmet capacity needs, but it is not a panacea. Public acceptance of tolls in new corridors will be far easier than in existing corridors. Toll revenue alone will not be sufficient to establish and maintain a 1.15 travel time index in Texas' major metropolitan areas. Texas levies a variety of highway user fees that produce enough revenue to fund its transportation needs if the Legislature would allocate that revenue to transportation rather than to general government use. The $3.2 billion now allocated to General Revenue could over the next 25 years fund the additional $78 billion investment needed to reduce to 15% the peak period travel penalty in Texas' large urban areas. JuO, xoo~ Delay caused by urban roadway congestion has risen to the level that Texas must increase its level of investment in transportation. How do we rationalize asking Washington to return 95% of federal highway user fees Texans pay when the Texas Legislature chooses to allocate only 37% of state highway user fees to transportation? Including transportation in the tax reform proposal to address public school finance would enable the Legislature to allocate highway user fee revenues to transportation. For example, if the Flat BAT (business activity tax proposed to the House Select Committee on Public School Finance by David Hartman July 16) were 3.5% instead of 3.0%, Texas could not only fully fund its public school and transportation needs, but also could eliminate the school property tax and several state business taxes including the franchise, natural gas, insurance, utility, and oil production and regulation taxes. Distribution of Texas Highway User Fees & Taxes Receipts GRF 001 SHF 006 [} Share State Motor Fuel Tax * Motor Vehicle Sales and Use Taxes 11$2,833,611,2981r~I $01[}152,078,114,281][}[ 73% 2,772,074,0751[}[ 2,768,732,863][}1 0lB 0% Motor Vehicle Registration Fees ii 742,047,1291[}[ Motor Vehicle Rental Tax ~otor Vehicle Inspection Fees H 109.414,7181~[ 3,429,833]~I 730,019,548][1l 98% ii 159621 8441E[ 159,621,8441111 70,357,615] 1 :)river License Fees Jl_ 114,972,8641 [ 113,506,992] 1 olB 0% Driver Record Information Fees JI 49,920.055J[~l 49,920,055]~[ Motor Vehicle Certificates II 45,613,532_][}1 26,906,145][}1 18,707,3871~I 41% Special Vehicle Registration Fees jJ 32,692,472j[}1 17,403,100]~I 15,289,3721[}1 47% Motor Fuel Lubricant Sales Tax Commercial Transportation Fees Excess Fines from Speeding Violations Annual Tx Hghwy User Fee Revenues 30,168,0001111 01[}1 30,168,0001[}1 100% 17,349,7501[~I 8,200,090l~]1 9,147,576][}1 53% 99,873][~[ 99,873][11 olB 0% $6.907,585,§10][}153,218,178,410][} I $2,881,446,1641[}1 42°/. 5% distributed to DPSJ [} I (356,806,646)1 [} [-'-----~ Net available for transportationl~I $2,524,639,5181[}[---~~ * Constitutionally 25% - $695.1 million in FY 2002 -- is allocated to the Available School Fund. State Highway Fund, Fiscal Year ending 08/31/02: $5,759,100,000 total revenue [40% federal reimbursements, 50% state highway fees and taxes] $5.524,300,000 total disbursements Data compiled by the North Texas Commission from several sources: Texas Cornptmller of Public Accounts Governor's Business Council, Texas' Roadways- Texas' Future www.texasgbc.org (reports) Texas Department of Transportation Texas Transportation Institute, 2002 Urban Mobility Report Texas Transportation Institute, Texas Transportation Researcher July 2003 RESOLUTION S:\Our Documents~Resolutions\03\EMPG res.doc RESOLUTION NO. 4,-'fi~,~-- ~d,.9~''' A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY OF DENTON TO MAKE APPLICATION FOR A EMERGENCY MANAGEMENT PROGRAM GRANT (EMPG) THROUGH THE STATE OF TEXAS WITH APPROPRIATE CERTIFICATIONS AND ASSURANCES, AS AUTHORIZED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), AND ALL OTHER APPLICABLE LAWS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, has an emergency management program to prepare and facilitate emergency preparedness; and WHEREAS, the City of Denton, Texas, has a special concern to be prepared in case of emergency to preserve the life and property of all citizens and visitors of the City of Denton, Texas; and WHEREAS, the City of Denton, Texas is pafflcipating in the preparation for emergencies through the use of the Emergency Management Program Grant (EMPG); and WHEREAS, each year EMPG grants are renewed at the request of participating jurisdictions; and WHEREAS, the City of Denton, Texas, wishes to make a grant application with the Department of Public Safety for funds granted by Federal Emergency Management Agency (FEMA) to renew EMPG funding; and WHEREAS, in carrying out these activities, the City of Denton, Texas, intends to comply with all requirements of the grant application; and WHEREAS, the City Council deems it in the public interest to authorize the development and submission of the grant application; 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 grant application and submission, with all necessary certifications, grant agreements and other documents as ~vell as appropriate assurances for entitlement of funds including those stated in Exhibit "A" in order to obtain a grant under the Emergency Management Program Grant Program. SECTION 2: That the City Council authorizes and directs the Mayor or City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the State, in regard to such grant application. S:\Our Documents~Resolufions\03\EMPG res.doc SECTION 3. That all prior actions of the Mayor, City Manager, and other City officials in executing various documents and certifications with regard to said grant application are hereby approved and ratified. SECTION 4. That the City Secretary is hereby authorized to furnish true, complete and correct copies of this resolution to all interested parties. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED ANDAPPROVEDthisthe ~ dayof ~j~v~/~2/~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CERTIFI CATION & ASSURANCES EXHIBIT "A" COMPR EH ENSIVE CE RTIFICATI ON Thiscerfifice~onisamater iai repmsentefion offac~upon whichmliancewlllbeplasedbytheagencythatwill award the grant If it is later deter mine d that the grantee kn owingly ten dered an erin neous cer~ficatio n, the age ncy, in addition to a ny other reme dies available to t he federa I govemment ma y te ke available action. 1. Certification Re garding Lo bbytog Ifthis appliceti on is for f~der al funds in excess of $100,0 00, I cer~fy to the best of m y knowledge a nd belief. A No federal appropriated funds have been paid or will be paid to any per~on for intiuence an officer or employee ofany agency, a memberof Congress, an o$ceror employeeof Congress, oran employeeof a member of Congmss in co nnec~on with the awarding of a ny federal co n~ac~ the mal~ng of a ny federal grant, the making of any federal loan, the ented ng into any cooperafive agreement, and the extension, contin uafion, renewa I, am endment, or ma dfficefi on of a ny federal contract, grant, Ioan, or c ooperative agreement B. If any non-tederal funds have been paid or will be paid to any person for influencing or atfemptin g to influence a n officer or employee of a ny agency, a mem bet of Co ngmss, a n officer or employee of Congress, or an employee of a oficer or employee of a member of Con gress in co nnecfi on with this federal confract, grant, Ioan, or coo perafive agreement, check hem i--[ If ched(e d, the undersigned sh all complete and attach a "Disd osu re Form to Rep ort Lob bying" (Stendar d Form LLL) to the se ced~licetio n s, and C. The undersigned shall require that t he lan guage ofthis ce dification b e included in th e award documents for allsub-awards atalltiersan dthatall sub-redpientsshall certify accordingly. 2. Drug-Frae Workplace Cerdflcatte n This appficefi on is for federal fonds. T he applicent certifies lhatit will provide a drag-flee workplace by: A Publishing a slatement nofifying employees that the unl awful manufacture, disfri bution, dispensing, possess ion, or use of a conb'olle d substance is prohibited in grantee's warkpiace and spedfyf ng the aclJons ~hat will b e taken ag ainst empto yees for viol ation ofsuc h p rehib[tion. B. Establishing a drug-freeawarenesspregramto infermempfuyeesabout: 1. The dangers of drag ab use i n the workplace; 2. Theapplicent's policyofmaintaininga drug-free workplace; 3. /~lyavailabledmgcounselhg, rehabilitetionandemployeeassis~ancepr ograms; and 4. The penalfies that ma y be imposed up on employees fer d rug ab use violations. C. Making it a requirament th at each employee to be engaged in the performance ofthe gr ant be giva n a copy of the statement requ ired by paragraph (A). D. Notifyingtheemployeeinthe s~atementrequiredbyparagraph(A)that,as condition ofemploymentunderthe grant, the emp I oyse will: 1..~bid e by th e terms of the statement, and 2. Nofify lhe em ptoyer of an y criminal drug statute convicfi on for a violafi on occordn g in the work~31ace not laterthanfiva days alter sech convic§on. E. Nofifying the agency within ten days after re ceivin g notice under sub paragraph (D}(2) from an em ployee or otherwise receiving actu al notice of such con vi~on. F. TakJngoneofthefoll owingactions withrespecttoanyemploysewhoisse con,~cted. 1. TaHng appropriate personnel acfionagainstsuchanem ployee, upteandincfudingterrnination;or 2. Reqddngsuchemployeetop ar~dpatesefisi~actodly ina drugabuseassistenceorrehabilitetionprogram approved for such purposes by a federal, s tete, or Iocal health, law enforcement, or other appropriate agency. G Making a goal faith effort to continue to maintain a drug-free workplace through the imp}ementation of paragraphs (A), (B), (D), (E), and(F). DEM-221 1 7/03 3. , Audit Ce rtiflcatten- Annual Re porting Re quire rte nt This applicefi on is for federal funds. I certify (initial th e appropriate ch oice): The appJicant agency curre nity expends combined federal fund[ therefore, is re quired to submit an annual single audit by an inde end . -a or .~30 0,000 or P ent auditor made ' more E~ngle AU ditAl:tAmendments of 1996 and OMBCircularA- 133. I n accord ance With i~,~ The app]~ca~hte ,~(n~eY ~i~nt~aneXpends combined federal ~nding of less that therefore is exempt fro ' g Au ' ~ d can not charge audit costs to a feder al "fa n?'~u0'0000 and however, th at the Te×~ DP.n~dm~.nt t3f P,hlm ?'~ty may require a mited SCope au-~.,u L I Understand ' uu as d ~n CMB' CircularA-133. eflned · 4. r=qua I O pport unity Pla n {~r: aP} Ce rtificatton - Annual Re porting Re quire ment Definitions: Type ~ Entity NoTEduceitrequired.°nal/medical/n°n-pr°itt insitfutto n/Naitve/~medce n Tdbe -cedifissiton re quired (ini'~al below); EECp Type I~ Ent~ All other redpients receiving ~i. nre ~ an $2p5~)n00, b ut not more than $500,000 _ cellficaiton below); or ganizatJons must ma' fa' ~-O file for possible audit if the er required q ... , ganiza'~on has -- ~ nmal employees; a nd ,~ore than 50 Type III Entity For-profit an§it es an d state a nd local governmenis rec eivi ng $ 500,000 or mare _ cer~ficalJon r . below); the organ izaito n taus t submit an ET--CPto atica for Civil Ri ghis (CCR) for appr oval. equ~red (iniit al Ifyourorqanfzatio n is a Tv~e I. II. o rlllEn titv. ~lease in itlal one of the folio win~.. I certify this on3a niza tion is a Tvl3e I Entity . T his enlJt - wil' · against d iscdmination in any program or addvit y (28 CFR ~ 42 203~ is ~'-~, -' CO~ply Vath the pr Empfeyment Cppor~J nity Pla n, but Will comply with equal emp[o~;me~'~ a.~'~re~ulred fo maintain a.~uans DepatmentofHealt handHumanServices(28CFR42.302). ' ~'~'ur~Jn[typr°gramguideitn~'s~:fqt~I I certify this orga niza tlon is a Tvae II R,~titv tho t e mnl~3v~ ~a n R e ~.. -- will cam ply with the prohibif~ons ,again? disc n,'m~ina~n !n any program or ac~vit ~.~ This en§t y not requ ired ~ mainte in an ~qua~ ~:mP ~oyme n[ c-~ppor(un~t y Plan (28 CFR 42 301 et se ~ '*':'z 03), but is I certify this orga niza tion is a Tvee II Entity that e,~-d.~. ;: q'~ ' willcemplywith~heprohibitJonsagamstdiscnmma'~oninanypronramor.~.,~..~ ~fe. Thi.~,= . formulated an aqua amp oyment progr am (28 CFR 42 301 et .~ ~ ~"~'-~Y tz8 CF R~ 3'~ =;.~.n~ty Govemor~OG ] for approval upon award ofa granL the [CSice o f the I certify this organiza tion is a Type III Entl ry. This enitty will COmply with . .. against discri mination in any program er activity (28 CFR§ 42.203), and has form.~e~pr°hfeCdens employment opporfunityprogram(28 CFR42.301 etseq.),that will be sub mitfed to ....... ,e(: an equal Mana oement Aaertc v for ap provel u pon award of a granL 5. DepartmontCertlflcatlon- Annua l Reporting Re quimment By submissfen of ~is proposal, that neither the applicant agency nor its pd'ncina= ~ ~-'~'~'~-rred, suspended, proposed for d ebarment~ deal ared ineligible, or vol--,.-- ..... ,=re th s lransactio n byanyfederai depar~le ntor agency f a m unable to ce ~'~" 'y excluded ~om p aHi(~nel;~S~ntly I am un able in ceritf ythe ab eve state ment and h ave attached a n explana~on to this app itcal] on. Applican~ s Organizaao n Pflr~ad Name and33 I]eofA4Jlfl~r~edOfficl al DEM-221 2 7/03 CON SOLIDATED A SSURA NCBS /~pplicanls mu st complete thi s form before the y will receive stall and/or federal funds. Redpi ents of stall and/or federal funds must fully understand and comply with these requirements. Failure to comply may result in th e withholding offunds, termination ofthe a ward, or other sen ctiens. FE~E~ AL AS SUR ANCES The applicant hereby assures and certifies compliance with all fed e~al statutes, regulations, policies, guidelines, and requirements, including OVIB Circ ulam No. A-21, A-I'I0, A-122, A-128, A-87; Education Department Generel Adr~nistmtive Regulations (E~GAR); EO. 12372 and Uniform A dministretl ve Require meets of Grants and C.~opa reflve Agreements - 28 CFR, Pa rt 66, C~,,,,~n Rule , that govem the application, acceptance an d use of Federal funds for this project. AIso, the Applicant assures and certifies that: Leoal Authority. It possess es legal authority to ap ply for the grant, that a resolution, motion or sim ilar action hasbeendulyadoplldorpassedasan offidalactofthe applicant'sgovemingbody, authod2JngthetiHngofthe application, including a II u nderstandi ngs a nd assu ra nces co nfain ed 2. Displaced Persons. Itwill comply with requiremenfeof He provisions oflhe U niform Relocation ~sislance and Rest Fro perty/~qu isitio ns (4 2 USC §§ 4601 - 4655), which prey ides for fair an d e quitable ~reatment of perso ns displaced as a resu It of F ederel and Federally asses ted programs 3. Political Activity. It will comply with requirements of the provisions of Federal law which limit cartel n pol[~cal activities of employees of a S tell or local u nit of government whose pdndpal emp feyme nt is in co nnec~on with an adJvit yflnanced in whole erin part b y Federel grants (5 USC§ 15 01, et seq.) 4. FalrLa borSta ndards Act. It willcomply with the min imum wage andmaximumhourspravisionsofthe Federal Fair Labor Sfandar ds/~ct (29 USC §§ 2 01- 219) ifap plicable. 5. Confllctoflnt erest. It willestablishsafeguardsllprohibitemployeesfromusingtheir positionsfor a purpsse that is, or g ives the appearance of being metivelld by a desire for pdvell gain for themselves or others, particularlytho se with whomthey have family, business, or other ties. 6. ExaminatfonofRecords. ItwillgivethesponseringagencyortheComptrollerGeneral, throughanyauthodzed representative, accasslland therightlle xamineatirecords, book~ pap ers, ordocumen isrelated fothegranL 7. Compllance with Requirements. It will comply with all requirements imposed b y the Federal sponsoring agency concerning sped al requirements of[ aw, program requirements, an d other adm inis~setive requirements. 8. B~A ~/lolatth,q Fac0itlas. it will ensure that the fedlities under its ownership, lease or supervision which sba ti be utilized in the accomplishment of the project are not listed in the Environmental Frotec~on AgenoJ's (EPA's) listofMoJ ating Fadlities, a nd thatwi[I notifythe Fed eralgranfer agencyof therecaiptofa nycommunication from theDirecllr oftheE~AC~ caofFederal~vitiesindlcatingthataf adlityll beusedin the project is under consideration f or lis~ng by the E~A Roodlnaurence. It willcomply withthefloodinsurance purchaseraquiromenllofSect ion 102(a)oftheF Iood DisasterPrall ction~ct(Ch. 50USC§ 4001). Thissec~onrequiras, on anda~lerMarch2,1975, thepurchasent flood insurance in communities where such insurance is available as a condition for the raseipt of a ny Federal financial assist ance for consl~u~on or acquisition purposes for use in any area that had been identified by the Secrallr yofth e Dep ar~ment of Housi ngand Urban Development as a n area having special tiood hazards. The phrase "Federal flnandal assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, d bast er ass~stenc e loan or gr ant, o r an y other for m of direct or indirect F ederel assistance. DE~22t 3 7/03 10. Historic Preservation. It will assist the federal grantor agency in its compliance with ,~ec~on 106 of the National Historic Preservation ~ of 196 6, as am ended (16 US C § 470), Executh,~ Order 11 593, and th e ,~rcheologicel and Historic al Preserva~ on Act of 1966, (1 6 USC § 5 69a-1, et seq.) b y (a) cons ulfing with the StafeHisfuric PressrvationCl'ficer(SHPO) on the cenduct ofin~stigafions, asnecess ary, toidentif ypropertes listed i n or eligible for inclusion in the N afio hal Register of Hisfedc PI ace s that are subject to adv~rs e effects (see 36 CFR Part 800.8) by the adJvily, and nofifying the Federal grantor agency of the existence of any such proper~es, a nd by (b) (:om plying with all requirements established by the Federal grantor age ncy to av old or mitigafe adverse effects upon such propertes, 11. Compliancewith Lawsand Guides. It wilicomply, and assum the compliance of all its ss bgrantees a nd con~'actors, withthe appliceb[eprevisionsof ~fieloftheOmnib usCdmeControlandSafeS~'eets.actof196 8, asamended,theJuvenileJusficeandDelinquencyPrevenfion,N:t, orthe Mc~msofCri mePct, asap propdate; the provis ions of the current edifio n a nd all ot her applicable Federal laws, orders, drcul ars, or regula§ ons. 12. Con~lia nce with Code of Federal Reaulations. It will comply with th e provisions of 28 CFR applicable to grants and co operafive agreements inciuding Part 18 Administrative Review Procedure; Part 20, C.,rimin al Jus~celnfurma fionSystem;Part22, Confi den~alityofld entitiableResearchandSlafisfic allnfermatio n;part23, Criminal Intel Igence System s Opemfin g Polid es; Part 30, Intergovemmental Review of Proc edures fur Implemenfing the National Envimnmenfel Policy ~ Fa rt 53, Floodplain Management and Wefiand ~ofec~on Preced ures; an d Federal laws or regulaiions applicable to F ederal.Assista nce ~ogr ams. 13. Nondiscrirrtnation. It will comply, and all it's cen'~'actors will comply, with the non-diso-iminations requirements of the Omnibus Crime confrol and Safe S~e ets/~t of 1968, as amend ed, (42 USC & 3789(d)), or ~ic~ms of Crime/k:t ( as appropriated); Title VI of the dvil Rig hfs ~c t of 1964, as arnended; ~ecfion 504 of the rehabilitation /~ct of 1973, as amended; Subtitl e A Title II of the Arnedca ns With Disabilities ,act (ADA) (1990); Tifie IX of the Educatlon Amendments of 19 721 The age Disc~i ruination Act o f 1975; Depa,-~nent of Jusfice N on-Dtschminati on Regulatio ns, 28 CFR pad 4 2, ~Jbp arts C,D,E, and G; and Dep adment o f Jus~ce Regulafi OhS o n dissbilit¥ discriminatlon, 28 C F R Fart 35 and part 39. A In the event a federal or state court or federal or state adm inislm~ve agency makes a fin ding of discrimination alter a due process hear lng on the grounds of race, c otor, mlig ion, national odgin, se x, o r disability against a re dpient of funds, the r edpient will forward a copy of t he finding to the Otlce fur dvii Rights, Clfice of Justice ~ograms. B. it will provide and Equal Em ployment Cpp odunity Pr ogram (1~ if requir ed fu me intain one, where the appiiceti ons is [or $500,0 00 or mere. 14. CoastalBaniem. ItwillcemplywiththepmvisionsoftheCoastalBarderReseurces./~ct(16USC&3501,et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coast al Barrier Resources S ysfem. 15. Suppla ntlrm Prohibit ion. It will use funds fu supplement exis~ng funds fur program ac§vitles and may not replace (supplant) non-Federal funds that ha',~ been appropdafed for the same purpose. The Applicant undem~nds th at pofe ntial supplanting will be the subject of me rtfufing and audit. 'vi olatlons can result in a range of penalfies, ind uding suspension of future funds under this Pro gram, susp ension or debarment fTom Federalgranfe, resoupment of menies pr ovided under thisg rant~ and dvi I and/or cfimi nal penalties. STATE ASS U RANCES The applicant hereby assures and certfi es compliance with all state stst utes, regu lat~ons, policies, guidelines, an d requirements i ndu ding Title 1, Chapter 3, of the Texas ,~dminis~' alive Code, an d the Uniform G'a nt Management Stsndar ds (UG MS), as the y relate fu th e application, acceptance a nd use of funds for this project .~se, t he a pplice nt assures and certifies that Leqal Authofl ry. It possssses leg al authodly in fee Stat e of Texas to apply fur the g rant; that a reseluti on, mefion or similar a~on has been duly adopfed or passed asan o/tidal actofthe applicant's 9ov~rring body, authorizing the filing of the application, todudtog all understandings and assurances contained therein, and directing and authorizing the person identified as the otifd al representative of the ap plicant to act in con nections with the appfication a nd to pr ovid e such a ddifiona[ infurm atlon as rna y be required OE~2~1 4 7/03 2. ~ Conflictoflntemst. Itwillesteblishssteguardstepmhibitemployeesffomusingtheirposifonsforapurpose that is or give the appearance of being motivated by a desire for private gain for themselvas or others, padJcelarly those with whom they have family, business, or other ties. 3. Nondiscrimination. ]twill complywith all State and Federa I statutes relating to nondisc~iminafon. 4. Taxes. It will comply with all State and Federal tax laws and is solely responsible for tiling all required State and Federal tax terms. 5. G~ant Administration. It will maintain an appropriate grant adminis ffatian system to ensure that all terms, condifons and spedfcafons of the grant, including these stendard assurencas, are me[ 6. Exanination of Records. It will give the sponsoring agency, thru ugh any authorized repmsontef~, access fo and the dght fo examine all records, books, paper, or documents related to the grant Public Information. It will ensom that all information c~lleded, assembled er maintained by the applicant relafve to a project will be available to the public during normal business houm in compliance with Texas Government Ccde, Chapter 552, unless et herwise expressly prehibited by law. 8. Child Support Payments. It will oomply with so~on 231.006, Texas Family Code, which prohibits payments to a per~n who is in arrears on child support payments. Suspected Child Abuse. It will comply with the Texas Family Code, Se~on 261.101, which requires repor~ng ofall suspected cases of child abuse to local lawenfo rcamont authorities and to the Texas Depar~ent of Child Pretecl~va and Regulafory Se~oes. Grantees shall also ensure that all program personnel are propedy Eained and aware of this requirement. 10. Relatives. It will comply with Texas Government Code, Chapter 57, by ensudng that no offcer, employee, or member of the applicant's governing body or of the applicants cenl~acter s hall vote or confirm the err~loyment of any person related within the second degree of affni[y or the third degree of cons anguinityto any member of the governing body or any other office r or employee authedzed to employ or sope~se such person. 11~is prohibition shall not prohibit the employment of a person who shall have been confnuously employed for a pedod of two years, or such other period stipulated by local law, pdo r fo the elec~on or appointment of the offcer, employee, or governing body member re lated fo such person in the prohibited degree. 11. (3nan Meetlnas. Ifthe applicant is a govarnmontal enf[y, it wti] cemply with Texas Govamment Code, Chapter 551, which requires all regular, spedal or called meetings of govemmentel bodies to be open to the public, except as othe~se provided by law or spedticelly permitted in the Texas cons§tefon. DEM-221 5 7/03 RESOLUTION S:\Our Documents\Resolufions\03\txdot ai~ort grant resolution.doc RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, intends to make certain improvements to the Denton Municipal Airport relating to taxiway realignment; and WHEREAS, the general description of the project is described in Exhibit "A" which is attached hereto and made a part hereof for all purposes; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation (TxDOT) for these improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, hereby directs the City Manager to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Denton Municipal Airport referenced in Exhibit A. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSEDAND APPROVED this the /'/~dayof ~~ ,2003. EULINE BROCK, MAYOR ATTEST: JENi~/]~i ER W, ALTERS, I~ITY SECRETARY APPROVED AS TO LEGAL FORM: HE__RBERT~. I~ROUTY, C~Y ATTORNEY EXHIBIT A FY 2004 State Grant Description Taxiway Realignment Estimated sponsor share (City of Denton) for total project cost (Taxiway Realignment), $244,800. City of Denton will be responsible for 10% of design and construction costs. Estimated matching share by TxDOT for the Taxiway Project is $2,203,200. The State will participate in a 90:10 grant match for design and construction of the proposed control tower. Total Project Cost as estimated by TxDOT, Aviation Division, $2,448,000. CERTIFICATION OF PROJECT FUNDS I, Anna Mosqueda , Director, Management and Budget , (Name) (Title) do certify that sufficient funds to meet the City of Denton share of project costs as identified for the project and will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Funds previously submitted to TxDOT 01 AI~ 2002 C.O. Bonds AmOUllt $16,725 $7,755 City of Denton, Texas By: Date Available September 1, 2003 October 8, 2003 Title: Director of Management and Budget Date: CERTIFICATION OF PROJECT FUNDS I, Anna Mosqueda , Director, Management and Budget , (Name) (Title) do certify that sufficient funds to meet the City of Denton share of project costs as identified for the project and will be available in accordance with the schedule shown below: Source SPONSORFUNDS Amount $16,725 $7,755 Funds previously submitted to TxDOT 01AIP 2002 C.O. Bonds Date Available September 1, 2003 October 8, 2003 City of Denton, Texas Title: Director of Management and Budget Date: DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE I, Michael A. Conduff , City Manager , (Name) (Title) with the City of Denton designates Mark Nelson, Dir. of Airport and Transportation Operations as the City of Denton authorized representative for the Taxiway Realignment project, who shall have the authority to make approvals and disapprovals as required on behalf of the City of Denton. City of Denton, Texas (Sponsor) Title: City Manager Date: / / DESIGNATED REPRESENTATIVE Mailing Address: 215 East McKinne¥ Denton, Texas 76201 *Physical/Overnight Address Telephone Number: Fax Number E-Mail Address: 5000 Airport Road Denton, Texas 76207 940-349-7702 940-349-7289 manelson~cityofdenton.com * ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT MAIL RESOLUTION RESOLUTION NO. ~003 - ~,~ 7 A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal District will expire on December 31, 2003; 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 Rick Woolfolk and Charles Stafford as a members to the Board of Directors of the Denton Central Appraisal District for two year terms to commence January 1, 2004. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED ANDAPPROVEDthisthe ~/~ day of ~2~ ,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION NO. /~ 0~O--~c~ ¢ ! A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE COMPLETION OF FARM-TO-MARKET ROAD 2499 AND RESPECTFULLY REQUESTING THAT NECESSARY RESOURCES BE UTILIZED TO ASSURE THAT IT IS SUCCESSFULLY EXPEDITED WITHIN THE PROPOSED SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, efficient and effective access into and from the Dallas-Fort Worth metropolitan area (according to the 2000 U.S. Census, approximately 47 percent of the Denton County workforce commutes daily into Dallas and Tarrant Counties) is vital for improving regional air quality, transferring clients and customers to Denton area businesses, as well students to three different Denton area institutions of higher education, and skilled employees to Denton area employers; and WHEREAS, the completion of Farm-to-Market Road 2499 is a crucial component of the City of Denton Mobility Plan for addressing the aforementioned issues; and WHEREAS, the primary and significant aspects of complying with the Environmental Impact Study regarding the completion of F.M. 2499 have already been met; and WHEREAS, the City Council deems it in the public interest to support the completion of Farm-to-Market Road 2499; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council does hereby express its support for the completion of Farm-to-Market Road 2499 and respectfully requests that necessary resources be utilized to assure that its is successfully expedited within the proposed schedule. SECTION 2. That the City Manager is hereby directed to send copies of this Resolution to the appropriate officials at the Texas Department of Transportation (TxDOT) and to other State officials he deems need to be aware of this Resolution. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED ANDAPPROVEDthisthe q~ day of ~~ .,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETAI3. Y APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 RESOLUTION RESOLUTION NO. ]~..~ -- O~ 6} 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, 2003; 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 Patricia Muro, Sandra Faust, Jack Weir and David Herold as members to the Appraisal Review Board 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 ~(~/c2 day of .~,~/gg_.//y?~.3-L2 ,2003. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ RESOLUTION RESOLUTION NO. ~OOc~ 0~ / ~ A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, hereby casts all 158 votes for Rick Woolfolk for membership to the Board of Directors of the Denton Central Appraisal District for the County of Denton, Texas. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thc ~ day of ~~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ap~OVED]tAS TO LEGALFORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; 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 student loan revenue bonds or otherwise borrowed money to obta'm funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, and additional funds are now needed to continue the program; and WHEREAS, pursuant to Section 147(0 of the Interal Revenue Code of 1986, as amended, a public hearing was conducted, following reasonable public notice, with respect to the issuance of those student loan revenue bonds of the Authority which are tax-exempt; and WlqEREAS, the Authority requests that the City approve the Authority's issuance of bonds, to be issued in one or more series, as needed, to augment the Authority's student loan program; and WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY 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 (1) taxable student loan revenue bonds or other obligations, in one or more series in an amount not to exceed $150,000,000, during the fourth quarter of calendar year 2003, and (2) student loan revenue bonds or other obligations, in one ore more series in an amount not to exceed $45,000,000, during the first six months of calendar year 2004, for the purposes of obt~ming 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, 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), (f) and (g), Texas Education Code, as amended. SECTION 3. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 4. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will pay or provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 5. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 6. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /¢~ dayof ~'j~4~.d/JT~., ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBER~ORNEY BY: (il O' Page2 of 2 CERTIFICATE OF SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the following: 1. On the /¢L~ day of ~/~-~,~.,t~. , 2003, the City Council of the City of Denton, Texas convened in regular session at its regular meeting place in City Hall, with the duly constituted members of the City Council being as follows: Euline Brock Mark Burroughs Raymond Redmon Pete Kamp Jack Thomson Perry McNeil Bob Montgomery Mayor Council Member and Mayor Pro Tem Council Member, District 1 Council Member, District 2 Council Member, District 3 Council Member, District 4 Council Member, At Large and all Council Members were present at said meeting, except the following: resolution, entitled: Among other business considered at said meeting, thc attached A RESOLUTION BY THE CITY COI_rNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH was introduced and submitted to the Council for approval and passage. After presentation ~and due consideration of the resolution, and upon a motion by ~D,/,~J ~~.] , seconded by ~/-)g~ ~/r/~t9 , the r~s[]~tion was duly pa~sed and adopted by the City Council, to b~ ~ffe-ctt[ve immediately, by the following vote: '~ voted"For" t~ voted"Against" /O abstained all as stated in the official Minutes of the City Council for the meet'rog held on the aforesaid date. 2. The attached resolution is a tree and correct copy of the original resolution on file in the official records of the City of Denton, Texas. The duly qualified and acting members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council meeting are those persons above named; and according to the records of my office, each member of the City Council was given advance notice of the time, place and propose of the meeting, and that said meeting and deliberation of the aforesaid public business was open to the public, and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government Code. IN WITNESS THEREOF, I h. ave hereunto, signed rqy name officially and affixed the seal of said City, thisthe /~.~ dayof ~/~')'/~ ,2003. ' '~len~fer Wa~ters-, City Secretary City of Denton, Texas (Seal) Page 2 of 2 RESOLUTION RESOLUTION NO.~]~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, CANCELING THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 16, 2003, 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 IN THE NEW ORLEANS BOWL; 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, because of UNT's Football Team's victory of clenching their third consecutive Sun Belt Conference title, UNT has accepted a bid to play the at the New Orleans Bowl on December 16, 2003; and WHEREAS, several members of the City Council and the City staff desire to travel to New Orleans to attend the New Orleans BoM and support the UNT Football Team; and WHEREAS, for the above reason, the City Council deems it in the public interest to cancel the regular scheduled meeting of December 16, 2003; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The regularly scheduled City Council meeting of December 16, 2003 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 2. The City Council finds that this is a valid reason for canceling the December 16, 2003 meeting. SECTION 3. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/X~J day of ~ ,2003. 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, OR HIS DESIGNEE, THE AUTHORITY TO DECERTIFY A PORTION OF THE CITY OF DENTON'S WATER CERTIFICATE OF CONVENIENCE AND NECESSITY ("CCN"), IN ORDER TO SATISFY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ") REQUIREMENTS, REGARDING THE APPLICATION FOR EXEMPT UTILITY STATUS TO BE FILED BY THE HEFFER WATER WELL SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Staff has been working for the past several months with both the Texas Commission on Environmental Quality ("TCEQ") and Teresa Heifer, the owner of a small water system located on East University Drive near the intersection of Trinity Road; and it is Ms. Heifer's objective to achieve certification as an "exempt utility" with the TCEQ respecting her small water well system; and WHEREAS, applicable State Law, being Title 30, Part I, Chapter 291, Subchapter G of the Texas Administrative Code ("TAC"), contains the Texas utility regulations for obtaining CCN's. In particular, §291.103 of the TAC outlines a criterion under which retail water service can be provided that does not require possession ofa CCN. More particularly, §291.103(d) TAC covers utilities or water supply corporations who have less than fifteen (15) customers, and characterizes such utilities as "exempt utilities." Further, §291.103(d)(1) TAC requires the City, as a condition of allowing Ms. Heifer's registration of Heifer Water Well System as an exempt utility, to do one of the following acts: either to decertify the City's water CCN or to provide written permission; and WHEREAS, in general, CCN holders are larger water utilities that meet the TCEQ's definition of a "public water system" (fifteen connections or greater), and the.."exempt utility" process is designed to allow small non-public water systems (such as this small system) to comply with TCEQ regulations without having to hold a CCN; and WHEREAS, the City Council considers this to be the least costly solution to both the owner of the well as well as her customers; further, decertification supports the registration of the Heifer Water Well System as a utility that is exempt from having to hold a Water CCN and also avoids the risk of creation of a single-certified water CCN for this area for Heifer Water Well System and a decertification of this CCN area of Denton by the TCEQ; additionally, as the affected tract of land lies wholly within Denton's city limits, the City does not need a CCN to provide water service to these citizens, should they want water service at some time in the future; and WHEREAS, decertification, as requested by Ms. Heifer, removes a legal responsibility from the City to provide water service to this small area. In general, the City's responsibility to provide water service does not require extension of water service at the City's expense. The TCEQ's authority, most importantly, doe not include jurisdiction over utility extension policies. The historic, as well as the current extension policy of the City is based upon the end user's responsibility to pay for such water line extensions as are necessary to serve their property. The City Council has also determined that this extension policy is consistent with the extension policies for most cities and water supply utilities in the state that provide retail service to the customers in their service area. NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: 1. That the City Manager, or his designee, is hereby authorized to take all actions necessary and proper to implement the provisions of this Resolution, to include, without limitation, the execution ora letter or letters evidencing the City's release of its water CCN as to the Heifer Water Well System only, conditional however, on the successful apphcation of the Heifer Water System for certification as an "exempt utility" with the TCEQ; which letter(s) and any other documents, shall be approved as to legal form by the City's Utility Attorney, respecting the above-described transaction. 2. That the City Council hereby finds and declares all that all recitations contained hereinabove are tree and correct; and it hereby approves and adopts the same herein as part of this Resolution. 3. That this Resolution shall be effective from and after the date of its adoption. PASSED AND APPROVED this x~tl~ day of ~003. (~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Doeuments~Resolutions~03\Water Decertificafion-Heffer Water Well System-Resolufion-2003.doe 2