Loading...
HomeMy WebLinkAboutResolutions R2004-001 to R2004-053RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS TRANSPORTATION COMMISSION TO CONTINUE ITS STRONG, HISTORIC SUPPORT FOR USING TOLL CREDITS IN MAINTAINING THE EXISTING SYSTEM OF PUBLIC TRANSPORTATION IN TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Congress has recognized that States with tollways have partially funded their transportation systems with local tolls; that such use of tolls has increased the overall local contribution to the transportation systems; and that Congress, in recognition of this increased local contribution established "toll credits" as a source of federal funding that can be, and has been, used to finance the local contribution requirement of funds from the Federal Transit Administration and the Department of Transportation; and WHEREAS, toll credits in the State of Texas have been directed in the past by the Texas Transportation Commission to public transportation agencies in the State; and WHEREAS, public transportation's use of toll credits has effectively leveraged four times the mount of toll credit dollars in additional federal funds; and WHEREAS, the matching of federal funds represented by toll credits has been crucial to maximizing the draw down and use of federal transportation grants to the State of Texas; and WHEREAS, public transportation has historically-based financial needs that greatly exceed that which is available, and that those needs have been well documented by the Texas Department of Transportation; and WHEREAS, any backward movement in the use of toll credits for public transportation by the Texas Department of Transportation will further diminish the ability of public transit to serve residents; and WHEREAS, public transit agencies in Texas - and the local governments that support them - have practical limits in extending any financial resources in substitution of State toll credits; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City of Denton, Texas, on behalf of Texas public transit agencies, urges the Texas Transportation Commission to continue its strong, historic support for using toll credits in maintaining the existing system of public transportation, and further recommends to the Texas Transportation Commission that public transportation be granted first use of toll credits in the advancement of transit services in the State of Texas. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ~ day of ~/~.~/]/2~/~, ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: t~ ATTORNEY Page 2 RESOLUTION JOINT RESOLUTION OF THE CITIES OF DENTON & LEWlSVILLE, TEXAS REGARDING FLEXIBILITY ON THE USE OF SECTION 5307 TRANSIT FORMULA GRANTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Office of Management and Budget issued new criteria for the definition and designation of urbanized areas; and WHEREAS, these new criteria were completed and finalized before their full effect could be gauged by local officials; and WHEREAS, under the new criteria the Denton and Lewisville Urbanized Areas were combined into a single urbanized area with a population of 299,823; and WHEREAS, under the old criteria each community had urbanized area populations of well under 200,000; and WHEREAS, the Cities of Lewisville and Denton are both members of the new Denton County Transportation Authority (DCTA); and WHEREAS, DCTA is in the preliminary stages of planning comprehensive countywide transit service; and WHEREAS, until DCTA resumes responsibility for transit service, the Cities of Denton and Lewisville are committed to continuing to provide transit service and to ensuring a smooth transition to DCTA; and WHEREAS, without federal operating assistance the Cities of Denton and Lewisville would have to reduce service, increase fares or both; and WHEREAS, budget and planning needs require the Cities of Denton and Lewisville and DCTA to prepare long-term service plans; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The Cities of Denton and Lewisville, Texas support federal legislation that would allow transit providers that operate fewer than 100 transit vehicles during peak service hours and serve communities where the urbanized area population crossed the 200,000- population threshold in the 2000 Census to continue to use federal transit formula grants to cover operating costs. SECTION 2. This resolution shall become effective immediately upon its passage and approval. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page2 of 2 RESOLUTION RESOLUTION NO. R2004- ~ A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING FOR THE CITY OF DENTON, TEXAS TO TAKE A LEADERSHIP ROLE IN ASSISTING THE NORTH TEXAS REGION IN ATTAINING FEDERAL CLEAN AIR STANDARDS FOR OZONE BY REDUCING EMISSIONS FROM ITS DIESEL- FUELED VEHICLES AND EQUIPMENT AND BY INCORPORATING FURTHER ENERGY EFFICIENCY MEASURES IN ITS BUILDINGS AND FACILITIES; CALLING FOR THE CITY OF DENTON, TEXAS, IN ADDITION TO MEETING THE REQUIREMENTS OF EXISTING STATE LAW, STRIVING TO REDUCE ELECTRICITY CONSUMPTION RATES FROM ITS EXISTING BUILDINGS AND FACILITIES BY AT LEAST FIFTEEN (15%) PERCENT FROM A BASELINE OF AUGUST 1999; CALLING FOR THE CITY OF DENTON, TEXAS TO EITHER AMEND EXISTING OR ENACTING NEW ORDINANCES WHICH WILL RESULT IN REDUCTIONS OF EMISSIONS FROM DIESEL-FUELED VEHICLES IN BOTH THE PUBLIC AND PRIVATE FLEETS AND WHICH WILL RESULT IN THE APPLICATION OF MORE ENERGY EFFICIENCY MEASURES IN PUBLIC AND PRIVATE BUILDINGS AND FACILITIES; CALLING FOR THE CITY OF DENTON, TEXAS TO USE THE ATTACHED LISTING OF CONTROL MEASURES AS A GUIDANCE DOCUMENT IN ITS ACTION STRATEGIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Texas Region (consisting of Dallas, Tarrant, Denton and Collin Counties) is currently in violation of the Federal, one-hour standard for air quality; and WHEREAS, millions of North Texas citizens are subjected to breathing air that has been shown to increase health costs and increase rates of asthma and respiratory problems for North Texas citizens, especially among children and the elderly; and WHEREAS, the current clean air plan for the one-hour ozone standard known as the State Implementation Plan ("SIP") for North Texas, submitted by the State of Texas to the Environmental Protection Agency ("EPA") has not yet been approved by the EPA; and WHEREAS, failure to develop a SIP approved by EPA could result in the loss or delay of Federal transportation funds in North Texas, which would be devastating to the mobility and economic development of the region; and WHEREAS, the North Texas Region will have to meet a proposed nine-hour ozone standard which will be finalized by the EPA in April, 2004, and will require a new SIP containing additional ozone reduction strategies in order to meet this new health- based standard; and WHEREAS, North Texas Region local governments want to set achievable goals and provide workable, cost-effective solutions to clean up our air, and implement those measures as soon as practicable to improve air quality; and WHEREAS, the State of Texas has created the Texas Emissions Reduction Program ("TERP") to provide monetary incentives to reduce pollution from on-road and off-road diesel equipment over the next four years which governmental entities need to fully utilize. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas agrees to take a leadership role in assisting the North Texas Region in attaining Federal clean air standards for ozone by reducing emissions from its diesel-fueled vehicles and equipment and by incorporating further energy efficiency measures in its buildings and facilities. SECTION 2. The City Council of the City of Denton, Texas further resolves that the City of Denton will, in addition to meeting the requirements of applicable State law, strive to voluntarily reduce electricity consumption from its existing buildings and facilities by at least fifteen (15%) pement from a baseline of August 1999. SECTION 3. The City Council of the City of Denton, Texas further resolves that the City of Denton will, where applicable, duly consider amending existing ordinances or enacting new ordinances which will result in reductions of emissions from diesel-fueled vehicles in both public and private fleets; and which will result in the application of more energy efficiency measures in public and private buildings and facilities. SECTION 4. The City Council of the City of Denton, Texas further resolves that the City of Denton will use the attached listing of control measures as a guidance document in its action strategies. SECTION 5. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~J/~f~t~/{~-, 2004. EULINE BROCK, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~esolutions~04\Clean Air Resolution-City of Denton.doc Clean Air Resolution Control Measures Highest Priority Items Governmental Measures and Policies Vehicles And Equipment Conduct and inventory of all diesel-fueled on-road and off-road vehicles and equipment over 8,500 pounds gross weight (GVW). Develop a four-year capital plant o retrofit or replace vehicles and equipment with high nitrogen oxide (NOx) emissions. [An inventory template will be furnished to assist this process. Texas Emission Reduction Plan (TERP) financial assistance is available to partially offset costs.] Adopt methods through bidding and contracting provisions to involve contractors on public jobs in the reduction of NOx emissions t~om vehicles and equipment that they own, lease, or to otherwise bring to the job site and ensure compl!ance of successful bidder(s). (Bid document and/or contract language will soon be furnished for your consideration. TERP financial assistance is also available for private contractors.) · Adopt procurement policy that requires the purchase of the cleanest vehicle available that meets the functional requirements of the governmental entity. Building And Facilities Inventory all energy efficiency strategies that have been implemented since 1999 and any that are scheduled for future implementation on buildings owned or leased by the governmental entity. Conduct an energy audit on buildings and facilities with high energy demands, if an audit has not been completed in the past four years, and develop a four year capital plan for implementing recommendations of new audits. High Priority Items Governmental and Private Entities Vehicles And Equipment Implement administrative policies restricting, where possible, the use of high- emitting vehicles and equipment owned or operated by the governmental entity on ozone action days (level orange or red). Scrap rather than auction vehicles owned or controlled by the governmental entity that cannot meet emission testing requirements. Building And Facilities Implement a four-year capital plan for converting to high-efficiency lighting in all existing governmental entity-owned or leased building or facilities and continuing this practice in all new buildings and facilities. · Implement the use of"cool roofing" materials, where practicable, on new governmental entity-owned buildings and for replacement roofs. Other Governmental Entity Actions Implement a four-year capital plan for converting to light-emitting diodes (LED) lamps in all existing traffic signals and continuing this practice with future traffic signals. Limit governmental meetings, particularly those requiring extensive travel of participants, between the hours of 7:00 a.m. and 10:00 a.m. during the ozone season. Institute and promote expedited freeway clearance practices following and accident or incident. Institute and promote a pre-tax, ozone season employee trip reduction program. Institute and promote a pre-tax ozone season transit pass program where applicable. Policies Affecting The Private Sector · Consider adoring green energy building codes such as "Energy Star" which has been adopted by the City of Frisco. · Consider an ordinance requiting large commercial and industrial building s to have energy audits and result'rog recommendations implemented. · Consider an ordinance requiring the use of"cool roofing" materials, where practicable, on new privately-owned buildings and for replacement roofs. · Consider an ordinance requiring truck stops to provide technological altematives for reducing/eliminating the need for long-term idling of diesel engines. · Adopt sustainable development practices that will result in reducing overall miles of travel. S:\Our Doc uments'tResolu fions~04\Clean Air Attachment-City of Denton.doc RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ARCHERS, A TEXAS NOT-FOR-PROFIT CORPORATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Manager is hereby authorized to execute a "First Amended Lease Agreement" by and between the City of Denton, Texas, a Texas municipal corporation as Lessor, and the Denton County Archers, a Texas not-for-profit corporation, as Lessee, for a term of three (3) years, regarding certain real property owned by the City which is described therein; a copy of which First Amended Lease Agreement is attached hereto as Exhibit "A" and incorporated by reference herewith. SECTION 2. That this resolution shall become effective on August 18, 2003, and is hereby ratified and confirmed effective that date. PASSED AND APPROVED this the 20th day of January, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: /~/~. ~/~.'~] ~ S:\Our Documents\Resolutions\03kDenton County Archers - Lease - Resolution - 2003.doc THE, STATE OF TEXAS COUNTY OF DENTON FlRST AMENDED LF~ASE AGREEMENT THI~q FIRST AMENDED LEASE AGREEMENT is executed and entered into as of the 18th day of August, 2003, hereaRer the "Effective Date" by and between the City of Denton, Texas, a home nde municipal corporation (the "Landlord") and Denton County Archers, a not for profit Texas corporation (the '°tenant") upon the following terms and conditions: VgllEREAS, this First Amended Lease Agreement ("Agreement") replaces, amends, and supercedes that certain Lease Agreement entered into by Landlord and Tenant on the 17th day of August, 1993; and WHEREAS, notwithstanding that this First Amended Lease Agreement has been signed and approved aRer August 18, 2003, Landlord and Tenant desire and agree that the effective date of this Agreement is to be stated, for all purposes, as August 18, 2003; and Wfll~,REAS, this First Amended Lease Agreement, by its provisions, takes into account the present circumstances as well as the desires of both the Landlord and Tenant respecting the Property described below in Paragraph 1. NOW, THEREFORE, in consideration of the premims and the mtual covenants and agreements contained herein, the Landlord and Tenant hereby AGREE to the following terms and conditions: 1. ~. For and in consideration of the premiss, covenants and agreements provided in this Agreement, Landlord has this day leased and demised unto Tenant that certain 10.155 acre tract located within the R.I. Mosely Survey, Abstract No. 803, in and for Denton County, Texas, hereinal~er referred to herein as the "Property;" said Property being situated in the City of Crossroads, Denton County, Texas; and said real property being located North of Tipps Road; and being more particularly descn'bed in E×h~it. "A' attached hereto, and incorporated herewith by reference. The Landlord and Tenant further agree that the Property deson'bed in their previous Lease Agreement shall be expanded and supplemented by the addition of a one thousand foot (1,000') wide buffer zone that shall nm along the entire Northem2most boundary line of the Property, which additional tract will be available for Tenant's usage just the same as the Property described in Exlu"oit "A." Landlord and Tenant agree that the Northern-most boundary line of the Property, aRer taking into account the 1,000 foot wide buffer zone, will accordingly be m~rked by Landlord by its installation of a minimum of five (5) clearly vi~'hle corner posts. 2. I.F. The lease of thig Property shall be for the purpose of constructing and maintaining an archery range. Only members of Tenant, their guests and visitors shall be permitted upon the Property. Tenant agrees that no permanent structures will be placed or built on any area of the Property. Tenant agrees that it will not place storage trailers or other glmilar temporary storage fac'dities upon the Property without the express advance written approval of the Landlord. 3. TERM. The lease term (the '°l'erm") of this Agreement shall be for three (3) years, commencing effective on August 18, 2003 and expiring on August 18, 2006. Landlord, however retains the absolute right to t~i,,i~iate this Agreement upon giving Tenant thirty (30) days written notice of termination. In the event of termination of this Agreement by Landlord, Tenant shall remove all im?rovements made by Tenant during the Agreement within said thirty (30) day notice period. In the event of termination of this Agreement upon thirty' (30) days written notice by Landlord, Landlord shah refund any unearned rent paid by Tenant, conditioned, however, upon the Property inspection of the Landlord, which will be conducted within ten (10) days following Tenant's surrender of possession of the Property, revealing no material damage to the Property. 4. SEI~!R~)a~)~L Landlord does not require that Tenant pay to Landlord a security deposit under this Agreement. 5. ~ Tenant shall pay rent to Landlord, at the address specified herein for notices to the Landlord in Paragraph 17 herein, without any offset or deduction, regarding the Property at the rate of $600.00 per year. The first $600.00 payment of rent shall be due and payable on January 1, 2004 and shall cover the period from August 18, 2003 to August 17, 2004. The second $600.00 payment of rent shall be due and payable on August 1, 2004 and shall cover the period from August 18, 2004 to August 17, 2005. The third and final $600.00 payment of rent shall be due and payable on August 1, 2005 and shall cover the period from August 18, 2005 to August 17, 2006. 6. O]~lf~LT3)~2~3~ Provided that Landlord has not earlier termiaated this Agreement as permitted in Paragraph 3 above, and further provided that Tenant is not in default with respect to the terms and provisions of this Agreement, Tenant shall have the option to notify the Landlord, in wtlliag, within the period ben-inning one hundred and twenty (120)'days and ending sixty (60) days prior to the end of the three (3) year term provided by this Agreement, that Tenant desires to extend the terms of this Agreement for an additional three (3) year ter~ All provisions ofthlg Agreement, save and except the rent obligation, shall be the same. Landlord shall dete~i,,ii,e the amount of rent that is to be charged to Tenant within thirty (30) days aRer notification by Tenant and shall communicate that amount to Tenant, in w~itiag. Tenant shall then consider such rental amount and shall notify Landlord, in writing, within t]t~;een ( 15 ) days af~0r the receipt of notice from Landlord, about whether Tenant desires to cons~mmate the renewal of the Agreement, considering the amount of rental established by the Landlord. It is agreed between Landlord and Tenant that with respect to the option to reaew provided by this paragraph, that in no event shall Landlord increase the rental amount for such option to an amount greater than 25% over the annual rental of $600.00 set forth in Paragraph 5 herein. Conversely, the Landlord and Tenant further agree that in no event shall the rental amount for such option be less than the amount stated in Paragraph 5, above, $600.00 per year. 7. TENANT'S RESPONSIBILITIES, In return for Landlord's lease of the Property, the Tenant agrees to provide the following services, to wit: A. Post at least four (4) signa that are readable from at least 100', on the gate and the perimeter fence line of the frontage road, identifying the name of the Tenant and notifying the public that the land is posted, no trespassing. B. Require that aH persons on the Property be either club members (Denton County Archers), or visitors or guests of club members. All visitors or guests of club members shall be accompanied at all times by club members. Only club members, visitors or guests of club members are permitted upon the Property. Tenant shall be solely responsible for instructing all club members, visitors or guests respecting safety. C. Tenant is responsible for all site maintenance. D. In no event shall the old City of Denton landfill soil cover be disturbed by Tenant, Tenant's guests or visitors. E. Tenant is solely responsible for providing security for the Property. Tenant is solely responsible for maintaining a locked gate entering the Property. Tenant shall provide Landlord with a copy of the lock's key. Tenant and Landlord shall provide separate locks for the gate. The Tenant will not lock the Landlord out. F. Tenant shall ma'mtain the chain-link fence that currently fronts along Tipps Road. G. Tenant shah prohibit anyone ~om possessing a firearm end/or incendiary device on the Property. H. Tenant agrees to make a monthly inspection of the Property and further agrees to promptly re,port any unauthorized use, any unusual erosion, any unusual odors, or any Other hazards to the Landlord. I. Tenant shall construct and maintain a roadway t~om the present entrance to the Property, to the area or areas planned for utilization on the Property. J[. Tenant ~hall provide to Landlord, an updated list of its organization's officers and directors, as well as Tenant's point of contact, at least annually. I~ Tenant shall be responsible for arranging for any temporary utility service to the Property, together with aH costs of said utilities. L. Tenant shall be respons~ole for keeping the Propemy picked up and clean at aH times. Tenant shall be responsible for promptly hanlln5 away any refuse or trash bom the premises, all at Tenant's expense. M. At the termination of the term of this Agreement, or any extension thereof; Tenant shall surrender the Property to Landlord, in the same condition as it existed on the first day of the Agreement, subject however, to allowance for reasonable wear, tear and deterioration. 8. ~ the Property. Tenant is granted the anthodty to control access to 9. HOURS OF OPERATION. Operat'mg hours for the Property shall be only from one-half hour before sunrise and one-half hour aRer sunset, for all weekdays, except Thursday. On :each Thursday, the operating hours shall be from one-half hour before sunrise unt'fl 10:00 p.nx Any request extension of operating hours or any request for ovoraight usage will require the advance written approval of the Landlord. 10. CONDITION OF PROPERTY. Tenant hereby acknowledges that it has inspected the Property and accepts and approves of the Propert~ in it present "AS IS" and "WITH ALL FAULTS" condition, subject to any and all roads, right-of-way, electric transmission lines, other utility lines or pipes, and all vis~"ole and recorded easements. LANDLORD HAS NOT, AND DOES NOT, AND WILL NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPI,II~,D, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY 1,1M1TED TO, ANY USE, OR ANY WARRANTY OF CONDmON, MERCHANTABH,ITY, OR HABITABILITY. 11. II~II)~MI~I~TIO~ Tenant shah occupy and use the Property at Tenant's sole risk. Tenant shall indemnify Landlord and hold Landlord harmless of and ~om any and all clltimg, actions, damages, liab'dities, losses, and expenses, including without limitation, reasonable attorney's fees, incurred or paid in connection with any personal injuries or property damage derived from or out of the occupancy or the use of the Property by Tenant, or occasioned in whole or in part by any act or omission of Tenant or Tenant's agents, servants, invitees, licensees, or employees, whether or not the damage arises from Landlord's negligence. 12. ~ Tenant shah procure and maintain, at its sole cost and expense throughout the Term ofthi~ Agreement, a policy or policies of insurance, issued by an insurance company licensed in the State of Texas by the Texas Insurance Board, and rated at least "A-" by A.M. Best rating service, insuring both Landlord and Tenant aga'mst all clzim% demands, or actions ari~ing out of or relating to the Property or the condition of the Property, in an amount not less than $1,000,000, per occurrence. Tenant shall furnish to Landlord a copy or copies of policies, and receipts evidencing payment of premiums therefore, prior to the commencement of this Agreement. Not less than fifteen (15) days before the expiration date of any policies, copies of the renewals thereof (bearing notations evidencing payment of renewal premh~ms) shall be delivered to Landlord. Each policy shall provide that not less then thirty days (30) days' w~itten notice must be given to Landlord before eny policy may be cenceled or chenged to reduce the insurence provided by it. 13. ASSIGNMENT AND SUBLETTING. Tenent shall not sublet or assign all or eny portion of this Agreement or the Property, or eny interest therein, without the prior written consent of Lendlord. Any assignment or subletting in violation of this paragraph shall be void. 14. LANDLORD'S ACCESS TO THE PROPERTY. It is expressly agreed that Landlord shall have the right to enter onto the Property at any time to inspect the condition of the Property, the use thereof; or for any other lawfifl purpose. Landlord shall also have the right to enter the Property at any time in order to make repairs or improvements to the Property or to adjoining property owned by the Landlord. Tenent shall provide Landlord with a key to each lock, or the combination to each lock, that may be placed upon eny gate upon the Property, so that the Property is always accessible to the Landlord. 15. DEFAULT. Tenant shall be in default under this Agreement A. Tenant fails to pay eny rent payment due under this Agreement within fffieen (15) days of its due date; or B. Tenant fails to comply with any term, condition, or covenent of this Agreement, and that failure is not cured within fiReen (15) days after written notice is issued to Tenant. 16. RE~D~S. On the occurrence of eny default under this Agreement, Landlord may enforce the performance of this Lease in any manner provided by law, in equity, or as specifically provided in this Agreement. At no time shall Landlord be obligated to relet the Property, or to relet the property for a sum equal to or greater then the rent specified h~rein, Tenent hereby specifically waives eny claim that Tenent may have with respect to eny obligation of Lendlord to mlilgate its damages in the event of Tenent's default hereunder. In particular, but without limitation, Landlord shall have the option to pursue any one or more of the following remedies without eny notice of demand whatsoever: A. T.r~hlnate this Agreement. In this case Tenant shall immediately surrender the Property to Landlord. However, ifTenent fails to surrender the Property to Landlord, Landlord may, without prejudice to eny other remedy which Lendlord may have for possession of the Property or for arrearage in rent or eny sum due hereunder, enter upon and take possession of the Property end remove Tenant end eny other person who may be occupying the Property, or eny part thereof; or B. Enter upon the Property, without te~i~h, nting this Agreement. Lendlord shah not be liable for prosecution for eny claim for damages, and Landlord may do whatever Tenant is obligated to do under the terms of this Agreement. Tenant shall r~imhurse Landlord, on demand, for all expenses that Lendlord incurs in effecting compliance with Tenant's obligations under thia Agreement, together with interest thereon at the maximum rate allowable by law ~om the date expended until paicL Pursuit of any of the foregoing remedies shall not preclude Landlord's pursuit of any other remedy herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing, to Landlord, by reason of the violation of the terms, provisions, and covenants herein contained. The rights and privileges given to Landlord in this paragraph shall be cumulative ot~ and without prejudice to, any rights or remedies given to Landlord by law to procure possession, or to enforce the payment of rent, or performance of the other covenants hereot~ No waiver by Landlord of any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of any other or future violation of breach of any of the provisions, conditions, or covenants herein. 17. NOTICES. Any notice or other written letter or instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, wh~ther actually received or not, when deposited in the United States maii~ postage prepaid, registered or certified, return receipt requested, addressed to the Landlord or Tenant, as the case may be, at the following addresses: LANDLORD: CITY OF DENTON, TEXAS Attention: City Manager 215 East McKinney Street Denton, Texas 76201 Fax: (940) 349-8596 Telephone: (940) 349-8307 DENTON COUNTY ARCHERS Attention: ~'r~u e. Fax: (940) ~ Telephone: (940) 3M .t//,'}2 and CITY OF DENTON, TEXAS Attention: Director of Solid Waste Dept. 1527 South Mayhill Road Denton, Texas 76208 Telephone: (940) 349-8044 18. MISCELLANEOUS PROVISIONS: A~ Compliance With The Law. Tenant shall at Tenant's sole cost and expense, obtain the necessary license and permits required to conduct Te~mt's activities on the Property. Tenant shah also comply with all governmental laws, ordinances, resolutions, and regulations applicable to the Property, or Tenant's use thereo£ B. Independent Contractor. Tenant is acting as a not for profit corporation and as an independent contractor respecting this Agreement, and is not an eaiployee, officer or agent of the Landlord. C. No Waiver. No waiver by either party hereto of any default under this Lease shall be deemed to be a waiver of any subsequent default of the same, of any other t~m, conditi°n, or covenant contained in this Agreement. D. Cax~l~xgJ.~a~ This lease shall be governed by and construed in accordance with the laws of the State of Texas. Any and all suits brought for the enforcement of this Agreement, or breach ofthi~ Agreement, or for any other cause of action brought pursuant tO this Agreement shah be brought in the courts of Denton County, Texas. E. ~ Should any provision of this Agreement been deemed or found to be invalid by any legislative, admlni~trafrve, or judlc'ml body, or for any other reason whatsoever, the other provisions of the Agreement shall remain in full force and effect, and shall be unaffected by such declaration of invalidity. F. ~ This Agreement and all exhibits attached hereto, if any, contain the entire agreement between the Landlord and the Tenant with respect to the subject matter herein, and may not be altered, modified, changed, anmlllod, or emended in any manner without the written consent of both parties. G. ~ The effective date of this Agreement shall be the 18th day of August, 2003, for all purposes. IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement in ~t~e (3) original counterparts, by their duly authorized officers and representatives, on this the day of~-t~n~ab~, ~ ~ CITY OF DENTON, TEXAS A Texas Municipal Corporation Michael A. Conduff City Manager ATTEST: .IENNIFER WALTERS, crrY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: . ,., . 'q'ENANT" DENTON COUNTY ARCHERS A Texas Not For Profit Corporation ATTEST: EX1HRIT "A' FIELD NOTES All that certain lot, tract or parcel of land situated in the R.J. Mosely Survey, Abstract No. 803, in Denton County, T.exas and being part of a called first tract and part of a called third tract in a deed from S.O. T~pps, et ux to the City of Denton on the 2na day of December, 1960 and recorded in volume 462, Page 465 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the southwest comer of said first tract in the center of Tipps Road; THENCE north 0° 51' 32" west a distance of $20.0 feet to a point for comer; THENCE north 89° 08' 28" east a distance of 575.16 feet to a point for comer; THENCE north 0° 47' 30" east a distance of 398.79 feet to a point for comer; THENCE south 89° 12' 30" west a distance of 200.0 feet to a point for comer; THENCE south 0° 47' 30" west a distance of 429.86 feet to a point for comer; THENCE north 89° 12" 30" west a distance of 19.5 feet to a point for comer; THENCE south 18° 11' 54" west a distance of 231.39 feet to a point for comer; THENCE south 13° 22' 09" west a distance of 86.81 feet to a point for comer; THENCE south 5° 50' 56" west a distance of 197.86 feet to a point in the center of Tipps Road for comer; THENCE north 89° 26' 59" west a distance of 634.88 feet to the Point of Be~innlng and containin~ 10.155 acres ofinnd. FURTHER TRACT: The Property descn'bed above shall also include an additional tract of land, which is a 1000' wide buffer zone, and which buffer zone abuts along the entire Northern-most boundary line of the above-described 10.155 acre tract of land. RESOLUTION RESOLUTION NO. R2004- d~ff~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COIvIMISSION AND THE STATE OF TEXAS (RECYCLING-PILOT PROGRAM-ELEMENTARY SCHOOL IN DENTON, TEXAS-RESEARCH AND DEVELOPMENT OF EDUCATIONAL MATERIALS-S42,400); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments (hereafter "NCTCOG") is directed by the Texas Commission on Environmental Quality ("TCEQ") to administer solid waste project funds for implementation of the Council of Government's adopted regional solid waste management plan; and WHEREAS, the City of Denton in the State of Texas is qualified to apply for project funds under the Request for Projects; NOW, THEREFORE, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Manager of the City of Denton, Texas, is authorized to request project funding under the North Central Texas Council of Govermnents Request for Projects of the Regional Solid Waste Local Project Funding Program for the Recycling-Pilot Program-Elementary School in Denton, Texas-Research and Development of Educational Materials Grant Application, and to act on behalf of the City of Denton, Texas in all matters related to the project application and any subsequent project contract, and project that may result. SECTION 2. That if the project is funded, the City of Denton, Texas will comply with the project requirements of the NCTCOG, the Texas Commission on Environmental Quality, and the State of Texas. SECTION 3. That the project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. That activities will comply with and support the adopted regional and local solid waste management plans and recycling plans adopted for the geographical area in which the activities are performed. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 20th day of January, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents'dl. esolutions\04~qCTCOO Project Applica~on-Resolution-Jan 04 Solid W~ste-Reeyeling Grant. doc 2 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, prepared through a citizen participation process, a plan for using its 2003 CDBG, HOME and program income funding in the approximate amount of $1,730,700; and WHEREAS, the City of Denton wishes to reallocate $156,000 in 2003 Home Investment Partnership Program (HOME) from the Denton Affordable Housing Corporation's Nevada Court project to their Affordable Housing Opportunity Program, 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 reallocate $156,000 to the Affordable Housing Opportunity Program administered by the Denton Affordable Housing Corporation. SECTION 2. That the City Council authorizes thc 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 6~/~ day of (~ , 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 RESOLUTION A RESOLUTION AUTHORIZING THE PARTICIPATION BY THE CITY ATTORNEY IN AN .,IMICI CURL4E BRIEF TO BE FILED BY A NUMBER OF HOME RULE CITIES IN SUPPORT OF THE ARGUMENT BY CITY OF IRVING, TEXAS, IN THE APPEAL PENDING IN THE FIFTH DISTRICT COURT OF APPEALS STYLED CITY OF IRVING V. INFORM CONSTRUCTION, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1996 the Texas Supreme Court in Federal Sign v. Texas Southern Univ., 951 S.W.2d 401, opined that a private citizen must have legislative consent to sue the State on a breach of contract claim and the act of contracting does not waive sovereign immunity from suit; and WHEREAS, in 2003 the Fifth District Court of Appeals in Satterfield & Pontikes Construction, Inc. v. Irving Independent School District, 2003 WL 22221024, opined that language in the Education Code providing that trustees of an independent school district could "sue and be sued" did not waive a public school district's governmental immunity from suit in breach of contract cases; and WHEREAS, the charters of many Home Rule Cities contain the identical "sue and be sued" language found in the Education Code; and WHEREAS, the City of Irving, Texas (Irving) has been sued by Inform Construction, Inc. (Inform) for breach of contract without obtaining the permission of Irving to be sued based on the argument that the "sue and be sued" language in the Irving City Charter waives governmental immunity from suit; WHEREAS, Irving filed a plea to the jurisdiction in the 193ra District Court arguing the "sue and be sued" language in its City Charter was not sufficient to waive governmental immunity from suit and such plea was denied by the District Court; and WHEREAS, Irving has appealed the denial of its plea to the jurisdiction to Fifth District Court of Appeals and a number of Home Rule Cities have prepared an Arnici Curiae Brief arguing the Irving Charter language does not constitute a waiver of governmental immunity from suit; and WHEREAS, the City Attorney has reviewed the Amici Curiae Brief and finds that it is consistent with the authority in Federal Sign, Satterfield and other well reasoned opinions and believes that it would be in the best interest of the City of Denton, a Home Rule City, to be a participant in the Amici Curiae Brief and for the City Attorney to be a signatory to such brief; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas agrees to participate with other Home Rule Cities in an Arnici Curiae Brief to be filed in support of the argument by the City of Irving, Texas, in the appeal pending in the Fifth District Court of Appeals styled City of Irving v. Inform Construction, Inc., that governmental immunity from suit has not been waived in breach of contract actions. SECTION 2. That the City Attorney is authorized to be a signatory on the Amici Curiae Brief at~er review of the final draft of such brief by the City Attorney's Office and a finding by the City Attorney that the final draft is consistent with Texas Constitutional and Statutory Laws and competent court decisions. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED on this, the off__ff~ay of February, 2004. HON. EULINE BROCK, MAYOR .aTTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: RESOLUTION FILE REFERENCE FORM R2004-008 Additional File Exists  Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR Amended by Resolution No. R2005-008 02/22/05 JR Amended by Resolution No. R2005-047 11/15/05 JR Amended by Resolution No. R2006-043 12/19/06 JR Amended by Resolution No. R2007-028 09/25/07 JR Amended by Resolution No. R2008-009 03/04/08 JR Amended by Resolution No. R2009-006 03/03/09 JR Amended by Resolution No. R2009-028 11/03/09 A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 98-067, passed by the City Council on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2002-055, passed by the City Council on December 10, 2002, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to th the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 76 Legislature; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council has reviewed the attached City of Denton Investment Policy, which contains the investment policies and strategies and hereby adopts the attached Investment Policy. SECTION 2. That the Assistant City Manager of Fiscal and Municipal Services is hereby designated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/him. The financial officer is hereby authorized to perform the functions required of her/him under the Investment Pohcy and in accordance with TEX. GOV'T CODE ch. 2256. .SECTION 3. That all resolutions or parts of resolutions in force when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. .SECTION 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, Resolution No. 2001-072, and Resolution No. 2002-055 shall remain in full force and effect. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,~day of ~,~-~(~_~J~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 CITY OF DENTON Page 1 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: FINANCE POLICIES REFERENCE NLrMBER: 403.06 INITIAL EFFECTIVE DATE: SUBJECT: INVESTMENTS 02/17/87 LAST REVISION DATE: TITLE: INVESTMENT POLICY 06/97 9/99 12/01 11/97 12/00 12/02 II. PURPOSE This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Aun. Chapter 2256, hareinaftar referred to as the "Act", as amended and effective September 1, 1997. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section IIB, shall be excluded from this Investment Policy. [All fmanciai assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR).] These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of these policies. All funds will be pooled for investment purposes. The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund. This policy shall not govern funds, which are managed under separate investment programs in accordance with Section 2256.004 of the Act. Such funds currently include; Employees' Retirement Fund of the City of Denton; the Firemen's and Policemen's Pension Funds of the City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by: Federal and State Law; the City Charter; and donor stipulations. IlL INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy. Page 2 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 4O8.04 In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance in accordance with Section 2256.005(d) of the Act), apply for each of the City's investment strategies: A. Suitability - Understanding the suitability of the investment to the financial requirements of the City. Any investment eligible in the Investment Policy is suitable for all City funds. Safety - Preservation and safety of principal. All investments will be of high quality securities with no perceived default risk. Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified. Liquidity - To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer prices of a particular security type of less than a quarter of a percentage point shall defme an efficient secondary market. Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash fiow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. Yield- Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective. The yield of an equally weighted, rolling six-month treasury bill portfolio shall be the minimum yield objective or "benehraark". A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256.006(a). The Director of Fiscal Operations shall avoid any transactions that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in Section 2256.006(b) of the Act. IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific strategies shall be implemented considering the fund's unique requirements and the following shall Page 3 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 be considered separate investment strategies for each of the funds mentioned below. The City's funds shall be analyzed and invested according to the following major fund types: Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles. This may be accomplished by purchasing high quality, short-term securities, which will compliment each other in a lad&md maturity structure. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security. Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the reqnimd payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security. Debt Service Reserve Funds - Inveshx~ent strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities not exceeding five (5) years. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible. Such securities will tend to hold their value during economic cycles. Construction and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security. Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. V. INVESTMENT COMMITTEE Members - There is hereby created an Investment Committee consisting of the City Manager, Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, and one member of the City Council. Scope - The Investment Coramittee shall meet at least quarterly to determine general strategies and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio Page 4 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE408.04NUMBER: diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of remm on the investment portfolio. Procedures - The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE Delegation & Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primaE~ individual who shall be involved in investment activities will be the Director of Fiscal Operations. The Cash & Debt Administrator will have a support role. The Assistant City Manager of Finance and Director of Fiscal Operations are designated as investment officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256.008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (LINT), Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance. The Assistant City Manager of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director of Fiscal Operations. The controls shall include a quarterly process of independent review by an individual or fL'm designated by the Assistant City Manager of Finance, and an annual review by an external auditor. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnifted in the event of investment loss provided the Investment Policies and Guidelines are followed. Conflicts of Interest - All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Page 5 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 Disclosure - Anyone involved in investing City funds shall file with the Assistant City Manager of Finance and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Denton investments. An investment officer has a personal business relationship with a business organization if: The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is mimed within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ann. Ch. 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth in Tex. Gov't. Code Ann. Sec. 2256.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgement and care under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Reporting Monthly - The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment secuhties, maturities, risk characteristics and other features. The report shall include total investment return to date and compare the remm with budgetary expectations or projections. Page 6 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE408.04NUMBER: Quarterly - The Director of Fiscal Operations shall prepare and present to the Investment Committee and City Council a written report on the City's investment transactions for the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value during the period; c) ending market value for the period; and d) fully accrued interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) State the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested; 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired; and 8) state the compliance of the investment portfolio of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex. Gov't. Code ch. 2256. Annually - Within ninety (90) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's extemal, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Fiscal Operations shall oversee the filing and/or storing of investment records. VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES Active Portfolio Management - Thc City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Subsection E) Page 7 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 Authorized lnvestments (Per HB 2459 and Sections 2256.009 through 2256.017 of the Act) - Assets of funds of the government of the City of Denton may be invested in: Obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years); Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "AA" or its equivalent (maturing in less than two (2) years); Fully insured or collateralized Certificates of Deposit issued by state and national banks or savings bank or a state or federal credit union, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; secured by obligations described in 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described in the Tex. Gov't. Code Sec. 2256.009(b). (maturing in less than one (1) year); Fully collaterized direct repurchase agreements (whose underlying purchased securities consist of the foregoing) with a defined termination date secured by obligations of the United States or its agencies and instnunentalities pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a prima~ government securities dealer, as defmed by the Federal Reserve, or a bank domiciled in Texas. Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (termination date must be 30 days or less); Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally, recognized rating agencies. Public Fund Investment Pools with a weighted average maturity of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be confmuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. b. To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or Page 8 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE408,04 NUMBER: other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and ad&ess of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and with&aw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized repmsantative of the entity: (1) (2) investment transaction confirmations; and a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturities of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. Page 9 o f 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described in section B.1. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each sham: furthermore, it provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC. Section 78a et. Seq.) or the Investment Company Act of 1990 (15 USC Section 80a-1 et. Seq.). Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by State law. Furthermore, this policy specifically prohibits investment in the following investment securities. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. Collateralized mortgage obligations the interest rote of which is determined by an index that adjusts opposite to the changes in a market index. Diversification - It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. Securities shall also be selected and revised periodically by the Investment Committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply: Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days. All long-term maturities will be intended to cover long-term liabilities. In addition, five (5%) percent of the funds in the portfolio will be liquid at all times. The Investment Committee shall establish strategies and guidelines for the pementage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/collaterlized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a Page 10 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment TFpe % of Portfolio · U.S. Treasury Notes/Bills · U.S. Agencies & Instrumentalities · State of Texas Obligations & Agencies · Local Government Investment Pools · Local Government Obligations (AA) · Repurchase Agreements · Certificates of Deposit · U.S. Government Money Market Funds · U.S. Treasury Notes & U.S. Agency Callables 100% 100% 15% 50% 10% 25% 100% 50% 35% By Institution: Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than $10,000,000 Security swaps may be considered as an investment option for the City. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be initiated by brokers/dealers who are on the City's approved list. A horizon analysis is required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment file for record keeping. All investments (governments or bank C.D.'s) will be solicited on a competitive basis with at least three (3) institutions. The Investment Committee can approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy. The investment will be made with the broker/dealer offering the best yield/quality to the City. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt Oeneral Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield Page 11 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE408.04 NUMBER: earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City being in a positive arbitrage position. The Tax Reform restrictions require extreme precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the new arbitrage restrictions is the continued pursuit of maximizing yield on applicable investments while insuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and rebate excess earnings, if necessary. VIII. SELECTION OF BANKS AND DEALERS Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc. Gov't. Code ch. 105. The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available. ' The Director of Fiscal Operations shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required. The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the minimum length of time between bidding with a 5 year maximum period. Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Fiscal Operations. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other finns are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealers and financial institutions upon: 1. Financial conditions, strength and capability to fulfill commitments; 2. Overall reputation with other dealers or investors; 3. Regulatory status of the dealer; 4. Background and expertise of the individual representatives. Page 12 of' 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 408.04 The Director of Fiscal Opemtinns shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. Investment Officers shall not conduct business with any firm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved list. Compliance - A qualified representative from any finn offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The fm:n must acknowledge that it has implemented reasonable procedures and controls in an effort to preclude investments between the City and the Cmn that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to the Director of Fiscal Operations. The City's investment officer(s) may not transact business from a person who has not delivered the required written instrument to the City. Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to (40%) percent of the total portfolio at any point in time. In this way, bankruptcy, receivership or legal action would not immobilize the City's ability to meet payroll or other expenses. IX. PRINCIPAL PROTECTION AND SAFEKEEPING All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 pement of the principal plus accrued interest less an amount insured by FDIC or FSLIC. Evidence of proper collateralization in the form of original safekeeping receipts held in the institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Director of Fiscal Operations all time. The Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances. The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral. Safekeeping procedures shall be established by the Investment Committee which clearly defme steps for gaining access to the Collateral should the City determine that the City's funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of the procedure. Collateral Defined - The City of Denton shall accept only the following securities as collateral: 1. FDIC and FSLIC insurance coverage. 2. United States Treasuries & Agencies. 3. Other securities as approved by the Investment Committee. Page 13 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 Delivery vs. Payment All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral. The collateral shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or in it's account at the Federal Reserve Bank. Subject to Audit - All collateral shall be subject to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors. Xo MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in f'mancial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls: Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confmnation of telephone transactions Reconcilements and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations Page 14 of 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 Controls Where Practical: Control of Collusion Separation of duties Separation of transaction authority from Accounting and Record-keeping Clear delegation of authority Accurate and timely reports Validation of investment maturity decisions with supporting cash flow data Adequate training and development of Investment Officials Review of financial conditions of all brokers, dealers, and depository institutions Staying informed about market conditions, changes and trends that require adjustments in investment strategies. RESOLUTION 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 thc citizens of Denton that the Denton Teen Court be operated for the 2005 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 thc 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 Cfnninal 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 fimds 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 jT/L~ day of EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY; CITY ATTORNEY BY: Page 2 RESOLUTION S:\Our Doeuments~%solufionsX~4~Fastenal Reinvestment Zone.doc RESOLUTION NO. /~ff4 ~ gT/ff / A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE VII FOR FASTENAL COMPANY; 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, the City has received a tax abatement request from Fastenal Company; and WHEREAS, the City finds that it is in the public interest to call a public hearing to consider the creation of a reinvestment zone for tax abatement purposes for the purpose of offering a tax abatement to Fastenal Company, in accordance with Tex. Tax Code §312.201; NOW, 'rHEREFORE, 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 heating for the establishment of a reinvestment zone (Reinvestment Zone VII), comprised of the property located on approximately 43.653 acres at or near the intersection of Airport Road and Corbin Road, within the corporate limits 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 Fastenal Company 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 heating, 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 heating will take place on the 2nd day of March, 2004, at 6:30 p.m. in the City Council Chambers at City Hall at 215 E. McKiimey, 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 17th day of February, 2004, 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 //r/¢~ dayof ~~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 Exhibit A Tract A Property Deschption Being a tract of land situated in the WILLIAM NEILL, SURVEY ABSTRACT No. 970, Denton County, Texas and being;a.p0rtion'of that certain traCt of land described in deed to John Dee Appleby, Trustee, as reCOrded in Volume 2549~ Page 277 of the Real Property Records of Denton County, T~:xas, being more particularlydescribed by metes and bounds as follows: BEGINNhNG at a 3/8 inch iron rod f0tmd at the Southeast comer of said Appleby Tract, being the Northeast comer ofthe'J. W. HARDING SURVEY. ABSTRACT No. 1658, and the Northerly most Southeast comer of said WII,LIAM NEILL SURVEY, lying in the approximate centerline Of C0rbin Road; THENCE N 89 degrees 16 minntes 51 seconds W, along the South boundary line of said Appleby Tract at 25.94 feet passing a 8 inch creosote POst, and continuing generally with a barbed wire fence in all a total distance o~f 1462.22 feet to a ~ inch iron rod set; THENCE N 00 degrees 24 minutes I 1 seconds W, 750.57 feet departing said boundary line to a 6" wood post found at the Southwest comer of a tract of land described in deed to J. Newton Rayzor, as recorded in ~olume..1796,:Page 60t' of the Real Property Records of Denton County, Texas lying in North boundary line of said Appleby Tract; TItENCE S 89 degrees 17 minutes 48 seconds E, along the common boundary line between said Appleby lYact and said Rayzor Tract:at 1~426.49 feet passing a 5/8 inch capped iron rod found, and cominuing in'alt a total distance~of 1456.55 lbet to a V: inch iron rod found at the Northeast come? of said. Appleby T~:act being the Southeast corner of said Rayzor Tract, attd lying in the approximate centerline of aforesaid Corbin Road; THENCE S 00 degrees 01 minutes 56 seconds E.; 751.02.feet along the East boundary line of said Appleby Tract with the approximate centerline of said Corbin Road to the PLACE OF BEGINNING, containing 25.)53 acres:(1,095,649 square tket) of land, more or less. and Tract B Property Description Being a part of the William Neill Survey, Abstract No. 971) and a part of said 20 acre tract .and more particularly described as tbllows: BEGINNING at a point in the south line of the Fame.to Market Itighway No. 1515, said point being 1886 feet South 89 degrees 20,minutes East and 90 feet South of the Southwest Corner or' FIRST TRACT above described, and being 45 feet South of the Northwest comer of said 20 acre tract; THENCE EaSt along the South:line of said Highway, 1457.2 feet to point in the East line of said Neill Survey, 45 feet South of the NortheaSt comer of said 20 acre tract; THENCE South along the East line of Said tract and sun,ey 552.83 feet to the Southeast comer of said 20 acre tract: THENCE West 1457.2 feet to the Southwest corner of said 20 acre tract; THENCE North 552~83 feet to the place of begimfing~ and containing 18.5 acres of land. more or less. Being the same property as set.out in Warranty Deed dated November 4, 1955. executed by Jimmie Underwood, a t~me sole, et.al.to J. Newton Rayzor. recorded in Volume 417, Page 399, Deed Records,-Denton Cotmty, Texas. Total of both tracts containing 43.653 acres, more or less. EXHIBIT B Proposed Fastenal Site RESOLUTION S:\Our Documentsh~esolutions\04XArts & Jazz Festival Res.doc RESOLUTION NO. ~A~f~ ~Td~ .~- A RESOLUTION ALLOWING DENTON FESTIVAL FOUNDATION, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 23-25, 2004, 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 City of Denton co-sponsors the Denton Arts & Jazz Festival 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 Denton Arts & Jazz Festival; and WHEREAS, Denton Festival Foundation, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Festival Foundation; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Denton Festival Foundation, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, first being April 23-25, 2004 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 f~om 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 Denton Arts & Jazz Festival. 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 APeROVED this the ~,~,~t~1/ day of ~J~t~(/~//~/ ,2004. EULINEBROCK, MAYOR ATTEST: JENNWERWALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: ~ CMC CENTER AGREEMENT FOR THE DENTON FESTIVAL FOUNDATION, INC. STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this ~day of ~t~/ , 2004, by and between the City of Denton, a municipal corporation, hereinafter r[ferred to as the "CITY" and the Denton Festival Foundation, Inc. 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 DENTON FESTIVAL FOUNDATION, INC. the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Denton Arts and Jazz Festival celebration on April 23-25, 2004, to be held at the Civic Center Park. Attached hereto and made a part here&by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege emends three years beyond the date of the Denton Arts and Jazz Festival celebration set for the year 2004. ARTICLE 2 SCOPE OF SERVICES DENTON FESTIVAL FOUNDATION, INC. in order to exercise the privilege to sell alcoholic beverages must perform the following: DENTON FESTIVAL FOUNDATION, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Denton Arts and Jazz Festival. DENTON FESTIVAL FOUNDATION, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Denton Arts and Jazz Festival. DENTON FESTIVAL FOUNDATION, INC. shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Denton Arts and Jozz Festival. DENTON FESTIVAL FOUNDATION, INC. '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 Denton Arts and Jazz Festival. ARTICLE 3 LOCAL RULES AND REGULATION DENTON FESTIVAL FOUNDATION, INC. 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. DENTON FESTIVAL FOUNDATION, INC. 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. DENTON FESTIVAL FOUNDATION, INC. will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Denton Arts and Jazz Festival. ARTICLE 4 INDEMNITY AGREEMENT DENTON FESTIVAL FOUNDATION, INC. 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 DENTON FESTIVAL FOUNDATION, INC. 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, DENTON FESTIVAL FOUNDATION, INC. 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. DENTON FESTIVAL FOUNDATION, INC. shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance Denton Arts and Jazz Festival Celebration Agreement - Page 2 policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and DENTON FESTIVAL FOUNDATION, INC. In such event, DENTON FESTIVAL FOUNDATION, INC. 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 DENTON FESTIVAL FOUNDATION, INC.: DENTON FESTIVAL FOUNDATION, INC.: Carol Short, Festival Director Denton Festival Foundation, Inc. 525 Ft. Worth Dr. Denton, Texas 76201 (940) 565=0931 To CITY: CITY OF DENTON: City Manager 215 E. McKinney Denton, TX 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 ns 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 SEVERABH~ITY 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. Demon Arts and Jazz Fest/val Celebration Agreement- Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, DENTON FESTIVAL FOUNDATION, INC. 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 DENTON FESTIVAL FOUNDATION, INC. 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 DENTON FESTIVAL FOUNDATION, INC. 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 foil,o, ~w,i,n,g exhibits are atta~ched t9 and made a pan of this Agreement: (list exhibits) Exhibit A Resolution No. (2/~/7q- 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. Denton Arts and Jazz Festival 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 DENTON FESTIVAL FOUNDATION, INC> has executed ths~Agreement through its duly authorized undersigned officer on this the ~ day of t~L~t/~ ,2004. CITY OF DENTON, TEXAS ~ MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY DENTON FESTIVAL FOUNDATION, INC. BY: ~ CAROL SHORT, Festival Director WITNESS: BY: Denton Arts and Jazz Festival Celebration Allreement- Page 5 Exhibit A S:\Our Documents~.esolutions\O4k~u-ts & Jazz Festival Res.doc A RESOLUTION ALLOWING DENTON FESTIVAL FOUNDATION, INC. TO BE THE SOLE PARTICn)ANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 23-25, 2004, 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 City of Denton co-sponsors the Denton Arts & Jazz Festival at the Civic Center Park; WHEREAS, the consnmption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Danton 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 Denton Arts & Jazz Festival; and WHEREAS, Denton Festival Foundation, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Festival Foundation; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Denton Festival Foundation, Inc. be the sole participant allowed to sell alcoholic beverages at the D~nton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, first being April 23-25, 2004 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 obtgm 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 Denton Arts & Jazz Festival. 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. ASSED , ROV D sthe dayof ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~)~VED A~0 LEG2-F;RM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION S:\Our Documents~Legislafion\04 State,School Finance Resolution.doe A RESOLUTION OF THE CITY OF DENTON, TEXAS URGING THE TEXAS LEGISLATURE TO ADOPT SCHOOL FINANCE REFORMS THAT WOULD NOT ADVERSELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is likely that the Texas Legislature will address school finance and tax system reforms in the near futura; and WHEREAS, during deliberations by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes are likely to be offered by some members of the Legislature; and WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax administration by Texas cities; and WHEREAS, all Texas cities combined collect only 15.3 percent of all property taxes collected in the State of Texas, while schools collect more than 60 percent; and WHEREAS, between 1985 and 2002, the municipal share of all property tax revenue fell from 20.3 percent to 15.3 percent; and WHEREAS, adjusted for inflation, municipal property taxes went up by only 37 percent between 1985 and 2002, while population grew by 33 pement, demonstrating that growth in municipal property tax levies roughly matched population growth; and WHEREAS, in 1994 Denton voters approved a ½ cent sales tax to reduce property taxes, which dropped the city tax rate from .747/$100 to .56/$100; and WHEREAS, in 2000 Denton voters passed a 5 cent property tax increase proposed by a Blue Ribbon Bond Committee for capital improvements, which the City Council did not fully implement because of the downturn in the economy, showing that the Denton City Council is fiscally responsible; and WHEREAS, since 1994, there has been a 36 percent decrease in the City of Denton's tax rate; and WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, to ensure public safety through police and fire departments, and to provide numerous essential services for city residents, who are 80 percent of the state's population; and WHEREAS, Texas cities engage in numerous economic development activities that produce jobs and revenue for the entire State of Texas; and WHEREAS, cities must meet the challenges of homeland security and compliance with state and federal mandates, many of which are unfunded mandates; and WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good stewards of taxpayers' money; and WHEREAS, efforts to limit the ability of cities to collect sales and property tax revenues or to set tax rates would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of the State of Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the governing body of the City of Denton urges the Texas Legislature to adopt all school finance or tax reform that will not negatively impact the ability of the City to provide basic essential services, conduct economic development activities, and ensure public safety by limiting our ability, beyond the provisions of current law, to collect property tax or sales tax revenues. SECTION 2. That the Mayor, City Council and City Staff shall communicate the City of Denton's positions on proposed school finance reforms to members of the Texas Legislature. SECTION 3, This resolution shall be effective immediately. PASSED AND APPROVED this the ~&t~ day of ~'/~ ~,~/ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, C1TY ATTORNEY Page 2 of 2 RESOLUTION S:\Our Documents~Resolutions\04\preserve america.doc RESOLUTION NO. ! A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING AN APPLICATION FOR DESIGNATION AS A "PRESERVE AMERICA" COMMUNITY AND ENDORSING THE GOALS OF THE "PRESERVE AMERCA" PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and WHEREAS, the goals of this initiative include a greater shared knowledge about our nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and WHEREAS, this initiative is compatible with our community's interests and goals related to historic preservation; and WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton will apply for the designation of Denton, Texas, as a Preserve America Community. SECTION 2. That the City of Denton will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs. SECTION 3. passage and approval. This Resolution shall become effective immediately upon its AND APPROVED this the ~9 ~ day EULINE BROCK, MAYOR of S:~Our Doc u ment skResolu tions'~04~preserve america.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE, (" HB 1777"), AND DECLARING AN EFFECTIVE DATE. WHEREAS, HB 1777, 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 Commission 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 $1.38 for residential access lines, $3.17 for non-residential access lines and $4.82 for point-to- point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.40 for residential access lines, $3.21 for non-residential access lines and $4.88 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 send'rog 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 $1.40 for residential access lines, $3.21 for non-residential access lines and $4.88 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 ~ , 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, C1TY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE EFFORTS BY THE UNIVERISTY OF NORTH TEXAS TO GAIN MEMBERSHIP IN CONFERENCE USA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the momentum behind the University of North Texas CLINT) Athletic Department at the present time has already demonstrated what a dramatic economic impact college athletics can have on the Denton area; and WHEREAS, crowd support and visibility for the Denton area will be improved by UNT's move to Conference USA; and WHEREAS, Conference USA boasts teams of regional significance, including Southern Methodist University, Rice, and Houston; and UNT's joining of Conference USA will have a tremendous advantage in drawing fans to Denton; and WHEREAS, UNT has made great strides in raising the level of women's sports and other athletic programs; and UNT's membership in Conference USA will further elevate the quality and rivalry of these sports programs; and WHEREAS, the City of Denton has a long-time precedent of formally supporting all types of initiatives on behalf of the University of North Texas and the betterment of Denton; and WHEREAS, the City Cotmcil finds that it is in the public interest to support the University of North Texas' efforts to join Conference USA; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton hereby formally endorses the efforts of the University of North Texas to gain membership in Conference USA. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. S:\Our DocumentskResolutions\04\UNT Resolution. DOC PASSED AND APPROVED this the ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents~Resolutions\04\LrNT Resolution. DOC RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND TWO ALTERNATES TO THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors or Executive Committee (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No.R2002-002 the City Council of the City of Denton appointed Joe Roy as a member of the Interim Executive Committee of the Authority for a two year term; and WHEREAS, by operation of law Joe Roy became a member of the Authority Board upon confirmation of the Authority as provided for in Chapter 460 of the Transportation Code; and WHEREAS, the two year term has expired and the City Council deems it be in the public interest to appoint a member and two alternates to the Authority Board for a two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. ,~7~ is hereby appointed as a member and 2~//._~_~F~is hereby appointed as first alternate and' ff]//~-~. A/~ ,/5 t~ t~ is hereby appointed as second alternate to the Authority Board as representatives for the City of Denton, Texas. Each such person is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. 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. A RESOLUTION ADOPTING NEW PROGRAM GUIDELINES TO INCREASE THE AMOUNT FOR A SINGLE FAMILY EQUIVALENT IMPACT FEE UNDER INCENTIVE GRANTS TO PAY WATER AND WASTEWATER IMPACT FEES FOR SINGLE FAMILY AFFORDABLE HOUSING RESIDENTIAL UNITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 98-052 on September 15, 1998 to provide for single family equivalent grants to pay water and wastewater capital recovery fees for thirty-nine affordable housing residential units constructed within the corporate limits of the city by non-profit corporations, provided the units comply with criteria for affordability, habitability, and other requirements established by the City; and WHEREAS, the City Council passed Resolution 2000-046 on September 5, 2000 and as required by Resolution No. 98~052 reviewed the Impact Fee Incentive Grant Program for Af- fordable Housing and has decided to extend the Program through the 1999-2000, 2000-2001 and for future fiscal years for which funding is allocated by the City Council; and WHEREAS, the impact fees for water and wastewater were reviewed and impact fees were increased after revision by the City of Denton in 2003; and WHEREAS, the program guidelines allowed for $2,527 or one single family equivalent grant based upon the old impact fees and that the single family equivalent under the revised im- pact fee schedule is $4,592.00; and WHEREAS, the Council deems it in the public interest to continue the Impact Fee Incen- tive Grant Program to promote affordable housing units within the City of Denton wishes to change the guidelines to reflect the increase in the impact fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the attached City of Denton Impact Fee Incentive Grant Program Guide- lines and Application Information are hereby approved and shall replace the previous Guidelines. SECTION 2. That save and except as amended hereby, all the sections, sentences, clauses and phrases of Resolutions No. 98-052 and Resolution No. 200-046 shall remain in full force and effect. SECTION 3. That this resolution shall become effective immediately upon its passage and ap- proval. PASSED ANDAPPROVEDthistNe~~ dayof ~//~r)~_~ ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 City of Denton Impact Fee Incentive Grant Program Guidelines and Application Information 1. Purpose. There is hereby established an Impact Fee Incentive grants standard policy to provide non-profit corporations incentives to construct affordable housing within the City of Denton, sometimes hereinafter referred to as "policf', for the following purposes: (a) To reduce the housing cost burden for low and moderate income households; (b) To provide home ownership oppommities for low income households; (c) To provide affordable housing for low income elderly and disabled households; and (d) To expand affordable housing units within the corporate limits of the City of Denton to encourage further employment, increase sales tax revenues, to expand economic development, to enhance the City's property tax base. (e) To provide an incentive to construct additional affordable housing units in Denton. 2. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affordable housing means owner-occupied single family homes that do not exceed City of Denton Housing Assistance Program cost guidelines, or housing for low income renter households that costs less than 30% of household income based on HOME program income requirements. Low-income household means a household that has an annual income less than 80% of the median household income for the Dallas metropolitan area, adjusted for household size, as per the applicable federal definition or as per the findings of the United States Secretary of Housing and Urban Development, in accordance with 42 USC §12745. Non-profit corporation means the equivalent of a "not-for-profit" corporation. It means a corporation no part of the income of which is distributable to its members, directors, or officers and which meets all the requirements of Article 1396 §1.01, et seq., the Non-Profit Corporation Act, Vemons Annotated Civil Statutes. Single family equivalent (SFE) shall mean an equivalent factor, based on the demand associated with the smallest water meter used in the City utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City utility system. Incentive Grant Standards A. Qualified Construction 1. New owner-occupied single family housing units, and/or 2. New renter-occupied, elderly or disabled multifamily housing Page 1 Qualified Occupants 1. Low-income households (see Attachment A), and/or 2. Low-income elderly or disabled households Qualified Developers Non-for-profit corporations that develop affordable housing Qualified Areas 1. Properties within the corporate limits of the City of Denton, and 2. Properties subject to water/wastewater impact fees Maximum Housing Cost 1. Price cap of owner-occupied unit(s) tied to the annual requirements of the City ofDenton's Homebuyer Assistance Program. 2. Price cap of renter-occupied units may not exceed the fair market rents established by the Denton Housing Authority (DHA), or may not exceed fair market rents established by HUD for the Dallas/Fort Worth area if DHA fair market rents are not available Dwelling Unit Longevity 1. Qualified owner-occupants must maintain ownership and reside in the unit receiving the grant for a minimum period of five (5) years. 2. Eligible multi-family housing units must not exceed total housing cost requirements for a period of not less than ten (10) years. Other Requirements 1. The affordable housing unit must be served by existing City infi:astructure and services. 2. The design and the construction of the affordable housing unit must meet the criteria established by the City of Denton Community Development Division for habitability, affordability, accessibility, water conservation, and energy efficiency. 5. Availability of Incentive Grants Grants available for the encouragement of the construction of affordable housing shall be limited to an amount set by City Council on an annual basis. Each SFE grant allowed may not exceed the amount of $4,592. Grants will be available on a first come, first served basis, based upon the date of submittal of an application for an impact fee exemption. 4. Grant Approval Process A. The Impact Fee Incentive Grant Program will be administered by the City's Community Development Division. B. Determination of eligibility of SFE units for grants for the 1998-99 fiscal year will be based on review of a written application established by and submitted to the City of Denton Community Development Division. C. The Community Development Division is authorized to collect any information necessary to determine compliance with the grant requirements. Page 2 Fo Fo Applicants must complete the application and execute the application certification prior to consideration for an exemption(s). Participant Developers must execute the following documents (Attachments B, C, and D): i. Impact Fee Incentive Grant Agreement ii. Note iii. Deed of Trust Upon approval of the application and execution of the documents listed above by the participant developers, the City Manager will execute the Impact Fee Incentive Grant Agreement. The agreement will be forwarded to the Community Development Division. Upon receipt of the Impact Fee Incentive Grant Agreement, the City of Denton Community Development Division Administrator will provide an Impact Fee Incentive Grant Certification to the City of Denton Building Official identifying the service addresses of the affordable housing units selected to receive grants. The written notice from the Community Development Division manager must be made before the issuance of a building permit authorizing the start of construction of the housing unit. SFE grant funds will not normally be provided directly to the Qualified Developer. The amount of applicable SFE grant funding will be transferred by the Community Development Division to the Water/Wastewater Department upon issuance of an Impact Fee Incentive Grant Certification. If impact fee payments have been made by the Qualified Developer on the unit(s) that have been awarded a grant(s), the Commumty Development Division will process a reimbursement. If the applicant fails to finish construction of the affordable housing unit within fifteen months after certification, the Community Development Division Manager may revoke the certification and require payment of the impact fees. IMPACT FEE INCENTIVE GRANT APPLICATION Applications will be reviewed by the Community Development Division on a first-come, first-served basis. Upon approval of the application, Community Development will notify the Water/Wastewater Department and the Building Inspections Division of the service addresses of the units selected to receive impact fee incentive grants. Applicants for the Impact Fee Incentive Grant Program must submit the following information and an executed copy of the "Application Certification"to: Community Development Division 100 W. Oak Street, Suite 208 Denton, Texas, 76201 Please call 940-349-7726 for application assistance. Applicant Information 1. Name, address and telephone number of the nonprofit organization Page 3 II. III. Name and telephone of executive director or contact person List of Board of Directors members and officers Attach documentation of incorporation and 501(c)(3) nonprofit status including Articles of Incorporation, and letter from Secretary of State's Office showing corporation currently in good standing and any documentation from internal revenue service showing tax exempt, non-profit status. Development Information 1. Name of development 2. Location (Please provide a general location and a legal description of the property.) Attach a map showing the site. 3. Describe the current status of the project - zoning issues, property acquisition, site preparation, building plans, required permits/approvals, projected start of construction and completion dates. Attach documentation of site control. Provide a project budget including a list of all financing sources. Attach copies of award letters or other documentation of secured financing. Other: a. b. C. Number of affordable single family units Number of affordable multifamily units (elderly & disabled) Statement from Building Inspections Department regarding the number of exemption needed for the project. Dollar amount of incentive grants requested (c multiplied by $4,592) Affordability Information 1. Describe how the organization will establish and enforce the required period of affordability for the unit(s). 2. What is the household income level of the project beneficiaries? 3. Describe the organization's household income verification procedures. 4. Attach a rent schedule for each affordable rental unit. 5. Attach a price schedule for each affordable owner unit. Page 4 City of Denton Impact Fee Incentive Grant Program Application Certification I, the undersigned duly authorized representative of , a Texas not-for-profit corporation which meets the requirements of the Texas non-profit corporation act, (the "Applicant") owner of the proposed residential development described in the attached documents located at (property address), do hereby make application to the City of Denton for (number) SFE impact fee incentive grants. I do hereby and declare, certify and represent as follows: 1. The applicant intends to construct single family units to be sold to qualified homebuyers or construct and operate a unit multi-family rental residential development (the Development) to be located within the City of Denton, Texas and desires that the City Provide grants of public funds to assist the Development from payment of water/wastewater impact fees in accordance with the Impact Fee Incentive Grant Program Guidelines. 2. The Applicant has received a copy of the Impact Fee Incentive Grant Program Guidelines with accompanying attachments, has reviewed the documents and hereby agrees to comply with all terms and provisions of the guidelines. 3. The Applicant has submitted a completed copy of the Impact Fee Incentive Grant Program Application and to the best of my knowledge, the information contained therein is true and correct. 4. The Applicant, if awarded an incentive grant, hereby agrees to execute a grant agreement (Attachment B) with the City of Denton for receipt of the grant. The Contract contains such provisions as are necessary to carry out the requirements of the Impact Fee Incentive Grant Program. 5. Before issuance of the Certification of Impact Fee Incentive Grant approval, the Applicant will execute a Note (Attachment C) payable to the City of Denton in the amount of the number of incentive grants granted times $4,592 and a Deed of Trust (Attachment D) and or restrictive covenant as required, sufficient to assure that the unit(s) receiving the incentive grant will be occupied by an eligible family with income below 80% of the median family income for the Dallas area and requiring an affordability period of five years for owner-occupied housing and ten years for multifamily housing. If the unit is not occupied within 15 months of the issuance of the Certificate of Impact Fee Incentive Grant Program approval, the Applicant will pay the $4,592 per unit required impact fee and such fee will be forwarded to the Utilities Department. Page 5 Based on the foregoing, the Applicant requests that the City of Denton grant the requested exemption in accordance with the Impact Fee Incentive Grant Program Guidelines. WITNESS MY HAND THIS DAY OF APPLICANT BY: Title: Page 6 RESOLUTION S:\Our DocumentskResolutions\04\Cinco De Mayo alcohol sell.doc A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 2004, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 1, 2004; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: .SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 1, 2004 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 can/er, 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 6~ ~~5--~ dayof ~~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~ED A-S'~ LE;AL FORM: HERBERT L. PROUTY, CiTY ATTORNEY S:\Our Documents\Contracts\04\Cinco De Mayo Con~ract.do¢ CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this ~;~)~'~day of /~J~9/J.{L , 2004, by and between the City of Denton, a municipal corporation, hereinafter fd~¢r~e~l to as the "CITY" and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE (called "METZLER'S"). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to METZLER'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on May 1, 2004 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 pr/vilege does not extend beyond the date of the Cinco De Mayo celebration set for the year 2004. ARTICLE 2 SCOPE OF SERVICES METZLER'S in order to exemise the privilege to sell alcoholic beverages must perform the following: METZLER'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Cinco De Mayo Celebration. METZLER'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration. METZLER'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Cinco De Mayo Celebration. METZLER'S's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S agrees to abide by 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. METZLER'S shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. METZLER'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 4 INDEMNITY AGREEMENT METZLER'S shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, 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 METZLER'S or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, METZLER'S shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate 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. METZLER'S 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 Chaco De Mayo Celebration Agreement - Page 2 shall not be canceled or modified without written notice to the CITY and METZLER'S. In such event, METZLER'S shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed 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 METZLER'S: To CITY: METZLER'S FOOD AND BEVERAGE: Roy Metzler 628 Londonderry Lane Denton, Texas 76205 (940) 591-1652 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and / exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken 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, METZLER'S shall not discrim'mate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL METZLER'S represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY METZLER'S 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/[nd made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. (,~qffgg~/' -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. 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 METZLER'S has executed this Agreement through its duly authorized undersigned officer on this the ~9~ day of z~zC4.~j , 2004. · CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS~O LEGAL FOR~: METZLER'S FOOD AND BEVERAGE: BY: ROY~T ER~- WITNESS: BY: cmco De Mayo Celebration Agreement - Page 5 Exhibit A S:\Our Documents~Resolutions\04\Cinco De Mayo alcohol sell.doc RESOLUTION NO. A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE FARTICEPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 2004, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, §22~32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's") has requested that they be sole participant allowed to Sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 1, 2004; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 1, 2004 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 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 Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is author/zed to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ~5~ day of- ~,~_/ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR~K~D A-S~O LE;AL FO~hM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION · ' S:\Our Documents~.esolutions~04~ederal Transi Admin Resolution. DOC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING TRANSFER OF FEDERAL TRANSIT ADMINISTRATION DESIGNATED RECIPIENT STATUS FROM THE CITY OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is one of the two Federal Transit Administration ("FTA") Designated Recipients in the Denton/Lewisville Urbanized Area; and WHEREAS, a coordinated county transportation authority, the Denton County Transportation Authority ("DCTA"), has been confirmed in a county wide election; and WHEREAS, the DCTA has been funded by a ½ cent sales tax in the cities of Denton, Lewisville, and Highland Village; and WHEREAS, the citizens of Denton, Lewisville and Highland Village have confirmed and funded the authority to carry out mass transportation services with in the Urbanized Area; and WHEREAS, the coordination and funding of mass transportation service requires the ability to apply for and receive Federal funding; and WHEREAS, due to the fact that DCTA is expected to fund public bus service within the City of Denton beginning with fiscal year 2004-2005 the City of Denton will no longer need the capability to apply for and receive direct federal funding for mass transportation services; and WHEREAS, the DCTA will apply for FTA grant funds to be applied for the purpose of improving mass public transportation for the citizens of the City of Denton and the County of Denton, including bus service within the City of Denton beginning in fiscal year 2004-2005; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City of Denton, Texas supports the transfer of Federal Transit Administration designated recipient status from the City of Denton to the Denton County Transportation Authority. SECTION 3. The City Manager is authorized to execute all other documents necessary to effectuate such change. SECTION4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~Y~ff/~ dayof ~ ,2004. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: ( Page 2 RESOLUTION S:\Our DocumentshResolutions\04\Council Appointee Performance Review Commiilee Resolution. DOC A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON FOR COUNCIL APPOINTEE PERFORMANCE REVIEWS; APPOINTING THE INITIAL MEMBERS OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Council heretofore established a temporary subcommittee (the "Temporary Committee") to recommend performance review standards to the City Council for City Council appointees, being the city manager, city attorney and municipal court judge; and WHEREAS, the City Council finds that it is in the public interest to establish the sub- committee as a standing committee of the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2 The City Council hereby establishes a standing committee to be called the Council Appointee Performance Review Committee (the "Committee"). The Committee shall consist of three City Council Members with the Director of Human Resources (the "Director") as an ex officio member. The initial members of the Committee shall be the same as the Temporary Committee which consists of Councilmember Bob Montgomery, Councilmember Perry McNeill, Councilmember Jack Thompson and ex officio member, Carla Romine, Director of Human Re- sources. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the City Council and become qualified. The person holding the position of Director will automatically succeed as the ex officio member of the Committee. SECTION 3. The duties of the Committee include the ongoing (1) performance review of City Council appointees and (2) appointees' job descriptions, in order to make recommenda- tions to the City Council to assist the Council in evaluating the job performance of the Council Appointees. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/~ dayof f.~,~_/ , 2004. ! EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~P~;~O[~O,~FO~: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION S:\Our Documents'dlesolutions~04~Housing Tax Credit Resolution. DOC RESOLUrION NO. / A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE SUBMISSION OF AN AFFORDABLE HOUSING TAX CREDIT APPLICATION BY THE CITY OF DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE REDEVELOPMENT OF THE PHOENIX APARTMENTS SITE LOCATED AT 308 SOUTH RUDDELL STREET; AUTHORIZING THE MAYOR TO WRITE A LETTER OF SUPPORT FOR THE DEVELOPMENT AND ALLOCATION OF TAX CREDITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing and a suitable living environment; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the Denton Housing Authority wants to make application to the Texas Department of Housing and Community Affairs for tax credits for a proposed development named Renaissance Courts to help house low and moderate income citizens of Denton; and WHEREAS, the City of Denton is aware that the city has more than twice the state average of units per capita supported by housing tax credits or private activity bonds; and WHEREAS, the Denton Housing Authority by Rule §50.5(a)(7)(A)(B) of the Texas Administrative Code, Title 10, Part 1, Chapter 50 must get prior approval and support of the governing authority to make such application when the city has more than twice the state average of units per capita supported by housing tax credits or private activity bonds; and WHEREAS, the City Council of the City of Denton supports the proposed Renaissance Courts Development by the Denton Housing Authority; and WHEREAS, the City Council finds that it is in the public interest to support the application of the Denton Housing Authority; 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 application of the Denton Housing Authority to allocate housing tax credits to the Renaissance Courts development. SECTION 2. That the Mayor is authorized to provide a letter of support to be included in the application of the Denton Housing Authority in compliance with Texas Administrative Code, Title 10, Part 1, Chapter 50, Rule § 50.5(a)(7)(B). S:\Our DocumentskResolutions~04'd-lousing Tax Credit Resolution. DOC SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of .2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION S:\Our Doeuments~Resolutions~04\Comm. Dev Action Plan Res.doc. 2004 RESOLUTION NO. 0d'~t~t~~ ~offa~ 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 2004 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2004-year entitlement funds and program income in the approximate amount of $1,785,580; 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 2004 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 Docu merit s~Resolutions~4\Comm. Dev Action Plan Res.doc. 2004 SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /t/~l~lay of ~/~ff.,{~ , 2004 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO~TED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION A RESOLUTION OF THE CITY -C~OUNCIL OF THE CITY OF DENTON, TEXAS ENCOURAGING RESIDENTS OF THE'G, ITY OF DENTON TO VOTE IN THE UPCOMING DENTON COUNTY BOND ELECTION~ON MAY 15, 2004; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton County is one of the fastest growing counties in the State of Texas; and WHEREAS, Denton County is one of four counties designated as "Non-Attainment" for Ozone and Nitrous Oxide; and WHEREAS, on-road mobile sources are the primary polluter within the DFW region; and WHEREAS. congestion on the existing roadway system threatens to reduce everyone's quality of life; and WHEREAS. failure to address these issues on a regional scale could result in jeopardizing receipt of federal transportation dollars; and WHEREAS, Denton County will hold a Bond Election - known as the Transportation Road Improvement Program (TRIP-04 & More) on May 15, 2004; and WHEREAS. Federal and State Transportation agencies can only fund about one-third of the needed roadways; and WHEREAS, Denton County has successfully utilized two previous bond programs to expedite the development of about $800 million of roads with'm Denton County; and WHEREAS. TR1P-04 will allow Denton County to continue to respond to the transportation and economic developments needs of the County; and WHEREAS, the Denton County Transportation Committee, a diverse 20 member citizens group representing all areas of Denton County, reviewed and recommended the projects that make up TRIP-04; and WHEREAS, TRIP-04 identifies comprehensive county-wide transportation priorities that are intended to further increase mobility within the County and Metropolitan region; and WHEREAS; the 44 roadway projects in TRIP-04 represents active partnerships between Denton County, State, local and private entities; and WHEREAS, TRIP-04 was developed in close cooperation with the Texas Department of Transportation and the North Central Texas Council of Governments; and WHEREAS, the $186,970,000 in TRIP-04 is estimated to generate nearly $1 billion in roadway improvements; and WHEREAS, the $17,900,000 in the Denton County bond election represents remodeling, refurbishing and building County facilities; and WHEREAS, the $2,000,000 is included to purchase elections equipment and bring Denton County into compliance with the Help America Vote Act (HAVA Act), which requires a special type of voting equipment at all polling places by 2007; and WHEREAS, TRIP-04 & More was submitted by the Denton County Citizen Bond Committee and approved by the Denton County Commissioners Court on March 9, 2004; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council urges all the residents of the City of Denton eligible to vote to exercise this right and make it a priority to vote in the Denton County bond election on May 15, 2004. SECTION 2. approval. PASSED AND APPROVED this the 4~/-1~ day °f ~ This Resolution shall become effective immediately upon its passage and ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION A RESOLUTION BY THE CITY OF DENTON, TEXAS, APPROVING THE ISSUANCE OF BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas (the "City") is a duly organized and validly existing municipal corporation under the laws and Constitution of the State of Texas; and WHEREAS, The Evangelical Lutheran Good Samaritan Society (the "Society"), a North Dakota nonprofit corporation, owns and operates two long-term healthcare facilities, including related senior housing facilities, within the boundaries of the City; and WHEREAS, the Society wishes to refund the remaining maturity of bonds issued on its behalf in 1993 and 1994 by the Denton Health Facilities Development Corporation, the original proceeds of which funded certain capital expenditures at the Lake Forest Good Samaritan Village and the Denton Good Samaritan Village facilities in the City, from the issuance of new Bonds (collectively the "Project"); and WHEREAS, the Society has proposed that the moneys to fund the Project come from the proceeds of Bonds to be issued by the Colorado Health Facilities Authority (the "Bonds") in a multi-state offering authorized by Colorado state law; and WHEREAS, such multi-state offering is economically efficient and cost-saving for the Society, thereby reducing operating costs for the Society and therefore tending to reduce the necessity for increases of charges at its Denton facilities, thereby benefiting the residents of the City; and WHEREAS, the Bonds will be payable solely from revenues of the Society, and the City will have no obligation whatsoever for payment of the Bonds; and WHEREAS, as a prerequisite for the issuance of the Bonds by the Colorado Health Facilities Authority, a public hearing was held within the City at the Denton City Hall on May 17, 2004 after publication in the Denton Record-Chronicle of a Notice of Public Hearing, and a report on the hearing has been presented to the City Council, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City of Denton hereby approves the issuance of the aforesaid Bonds by the Colorado Health Facilities Authority in the maximum aggregate principal mount of $6,950,000 for The Evangelical Lutheran Good Samaritan Society, and further approves the Project as described in the Notice relating to the public heating for the Bonds, and such approval shall be solely for the purposes of Section 147(0 of the Internal Revenue Code of 1986 and the City shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to payment of the Bonds. SECTION 3. Further, it is recognized by the City that the instruments which authorize the issuance of bonds, notes or obligations by the Colorado Health Facilities Authority will specifically state that the City is not obligated to pay the principal of or interest on the bonds, notes or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City that it will pay or provide for the payment of any obligations of 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 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 4. passage. PASSED AND APPROVED this the /~¢~. day of ~ This Resolution shall become effective immediately, upon its EULINE BROCK, MAYOR · , 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION FILE REFERENCE FORM I R2004-025 I FILE(S) Date Initials Amended by Resolution No. R2006-003 01117/06 JR A RESOLUTION ADOPTING AN ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher etlfical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; and WHEREAS, the City Council of the City of Denton has appointed a Council Ethics Sub- committee who have held public meetings and received input on an Ethics Policy for the elected and appointed officials for the City of Denton; WHEREAS, the City Council for the City of Denton upon consideration of recommendations made by the Council Ethics Sub-committee finds and determines that an Ethics Policy for elected and appointed officials for the City of Denton should be established to govern the conduct of elected and appointed officers for the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby adopted and shall read as follows: ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision-makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are listed at the end of this Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy. 1. As a representative of the City of Denton, I will be ethical. ! will act with integrity and moral courage. I will be absolutely truthful. ! will make impartial decisions that are l~ee of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated "confidential" to the extent permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed my authority. 2. As a representative of the City of Denton, I will be service-oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be fiscally responsible. I will make prudent decisions, taking into account the long-term financial needs of the City and its financial stability. ! will make decisions that seek to promote programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open-minded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. I will work toward consensus building and gain value f~om diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies and others as partners on common issues. 6. As a representative of the City of Denton, I will be progressive and receptive to new ideas. I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the need for compromise, to think creatively, and improve existing models when necessary. I will keep my knowledge of local government current and growing. Elected officials and appointed officials, boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551) Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552) Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a) Page 2 of 3 Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex. Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence (Tex. Penal Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Penal Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) City Documents In addition, the City of Denton Charter, the City Cotmcil Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and board members as they represent the citizens of Denton. I will voluntarily accept reprimand from my colleagues ifI should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~P~ day of May, 2004. ATTEST: JENNIFER WALTER~CITY SECRETARY APPRO~ED AS T; LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EUL1NE BROCK, MAYOR Page 3 of 3 RESOLUTION S:\Our DocumentshResolutions~04~Election Ethics.doc A RESOLUTION AMENDING THE CODE OF ELECTION ETHICS FOR THE CITY OF DENTON BY ADDING A PROVISION FOR A PROHIBITION ON THE USE OF TIlE CITY LOGO DURING A CAMPAIGN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council for the City of Denton directed staff to provide candidates with a Code of Election Ethics for the City of Denton on September 18, 2001. WHEREAS, the City Council for the City of Denton desires to amend the Code of Election Ethics by adding a provision for a prohibition on the use of the City Logo during a campaign; NOW, TItEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Code of Election Ethics for the City of Denton for City of Denton Elections is hereby amended by adding a provision for a prohibition on the use of the City Logo during a campaign that shall read as follows: CODE OF ELECTION ETHICS FOR THE CITY OF DENTON PURPOSE The citizens of Denton deserve truthful, fair and open campaigns for public office. Such campaigns encourage, rather than discourage participation in the political process. They further discourage the cynicism, voter alienation and apathy seen too often in the election of those who hold the public trust. ASSUMPTIONS The goal of free, open, sincere and honest debate on the issues. Campaigns for public office are subject to tmacceptable levels of negativism, attack advertising, unfair election activities and other practices, which discourage participation in the elective process. Candidates are ultimately responsible for fair and ethical campaign practices. FUNDAMENTAL CAMPAIGN PRACTICES My campaign shall be committed to the principles of honesty, fairness, and respect for my opponents and responsibility for my campaign activities. S:\Our DocumentskResolutions\04\Election Ethics.doc My campaign shall emphasize my views, beliefs and experiences. Essential to such a campaign is an open and public discussion of issues and presentation of my record and positions in a truthful, flank and sincere manner. My campaign shall not use and I shall discourage outside parties to use deceptions, half-truths, or innuendo in my campaign. Claims made by my campaign, about myself or about my opponent(s), will be supported by publicly available, factual documents or evidence. I shall disclose all contributions made to my campaign and shall supply campaign finance reports as required by law. My campaign will not use the City Logo or letterhead. OPPONENT RESPECT My campaign shall avoid references to my opponent, which are untrue. My campaign shall not use personal attacks, which have no relevance to the issues before the public. My campaign shall encourage debates in public forums. My campaign shall present my record and that of my opponent(s) accurately in a manner focusing on the issues relating to the office sought. My campaign shall ensure that my campaign staff and campaign supporters will observe these principles of campaign practices. As a candidate, I shall take full responsibility for all advertising or other statements created or used on my behalf by both campaign staff and supporters. My campaign shall be conducted openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and yet free to present the record and policies of my opponents. My campaign shall not condone or allow advertising, which does not meet these principles stated, and should such occur, my campaign shall correct such advertising in an appropriate manner. SECTION 2. This resolution shall become effective immediately upon its passage and approval. S:\Our Docurnents'u~.esolutions\04\Eleetion Ethics.doe PASSED AND APPROVED this the /t~/~ day of ~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ,2004. RESOLUTION A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Harlan Jefferson, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2004; and WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: .SECTION 1. That the City of Denton, Texas hereby nominates Harlan Jefferson as a member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton County for a two year term to commence October 1, 2004. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~--~ day of ¢//~,/ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APP ED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION S:\Our Documents\Resolutions\04\Hickory Creek HOA Quit Claim Resolution. DOC RESOLUTION NO. ~_~00 .~ - 0~,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CONVEYANCE OF CERTAIN REAL PROPERTY DESCRIBED IN THAT CERTA1N DEED FROM HICKORY CREEK (DENTON) HOMEOWNERS ASSOCIATION, INC., ("HOA") TO THE CITY DATED JANUARY 30, 2001, RECORDED IN VOLUME 4775, PAGE 01285 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND TO EXECUTE A QUIT CLAIM DEED FOR AN APPROXIMATE 0.573 ACRE PORTION OF SAID PROPERTY TO THE HOA, SAID PORTION BEING A PART LOT 4, BLOCK A OF HICKORY CREEK RANCH, PHASE 2, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Hickory Creek (Denton) Homeowners' Association (the "HOA") signed and recorded a warranty deed to the City of Denton, Texas (the "City") dated January 30, 2001 and recorded in Volume 4775, pages 01286-01287 of the Real Property Records of Denton County, Texas, attempting to convey to the City Lots 3 and 4, Block A of that certain plat of Hickory Creek Ranch Phase 2 according to the plat thereof recorded in Cabinet S, Page 242 of the Plat Records of Denton County, Texas (the "Property"); and WHEREAS, the City desires to accept the conveyance except for a portion of the Property, being a portion of Lot 4 containing approximately 0.573 acres of land (the "Quit Cl~ma Property") as more particularly described in Exhibit "A" to the Quit Claim Deed and Acceptance of Conveyance attached hereto and made a part hereof by reference (the "Quit Claim Deed"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City Manager or his designee is hereby authorized to execute the Quit Cla'un Deed on behalf of the City of Denton and to execute all other documents necessary to effectuate this transaction. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 QUIT CLAIM DEED AND ACCEPTANCE OF CONVEYANCE THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Hickory Creek (Denton) Homeowners' Association (the "HOA") signed and recorded a warranty deed to the City of Denton, Texas (the "City") dated January 30, 2001 and recorded in Volume 4775, pages 01286-01287 of the Real Property Records of Denton County, Texas, attempting to convey to the City Lots 3 and 4, Block A of that certain plat of Hickory Creek Ranch Phase 2 according to the plat thereof recorded in Cabinet S, Page 242 of the Plat Records of Denton County, Texas (the "Propertf'); and WHEREAS, the City desires to accept the conveyance except for a portion of the Property, being a portion of Lot 4 containing approximately 0.573 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Quit Claim Propertf'); The City does hereby accept the conveyance of the Property, save and accept the Quit Claim Property, and the City for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, does by these presents, QUIT CLAIM unto the HOA, its successors and assigns, all of the City's fight, title and interest in and to the Quit Claim Property. TO HAVE AND TO HOLD all of the City's right, title and interest in and to the Quit Claim Property unto the HOA, its Successors and assigns forever, so that neither the City nor its successors or assigns shall have, claim or demand any right or title to the Quit Claim Property. Witness my hand, this the /~"~/- day of ~ ,2004. Michael A. Conduf~,~-h City Manager ~-~ ATTEST: APPROVED AS TO FORM: HE RB ERT L~ .U~ ~ ATTORNEy ~:CEPTED~.. "~__~0' ' HICKORY CREEK (DENTON) HOMEOWNER'S ASSOCIATION, INC. BY: Name: Title: ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ~_//~'~.~. / , 2004 by Michael A. Conduff, City Manager of the City of Denton, Texas,Von behalf of said city. IF;;} Not,w ,ub.ic. st,to o* Texss Notary Public, in and for the State of Texas. ~,.. .,.¥~ My Commission Expires ¢~$J My Commission Expires: 0~/~ 7/~),~-' '",,'" Jun~ 27, 2005 / / -- THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ., 2004 by , the ., of the Hickory Creek (Denton) Homeowers Association, Inc., on behalf of said corporation. Notary Public, in and for the State of Texas. My Commission Expires: EXHIBIT A rthur Surveying C0., Inc. P.O. I/lox 54 ~ Lowiavil 1o, Texas 75067 Office: (972)221-9439- Fax: (972)221-4675 0.573 Conveyance Tract Part of BlockA~ Lot 4 Hickory Creek Ranch Phase 2 City of Denton, Denton County, Texas City of Denton Project J-DE No. 686559 City of Denton Project Name: Hickory Creek Plat Amendment Being a 0.573 acre tract of land situated in the S. A. Vuntors Survey, Abstract No. 1315, in tho City of Denton, Denton County, Texas, and being a part of Block A, Lot 4, of Hickory Crock Ranch, Phase 2, an addition to tho City of Dantun, Denton County, Texas, according to the plat thcrcofrecorded in Cabinet S, Page 241 of the Plat Records of Dantun County, Texas, and being more particularly descn'bad as follows: BEGINNING at a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" formd for the northwest comer of the herein described 0.573 acre tract, same point being the northeast comer of Lot 1, Block O of said Hickory Creek Ranch, Phase 2, same point being in the south line of Montacito Drive (a 60 foot right- of-way); THENCE South 88 degrees 35 minutes 47 seconds East, along the north line of thc herein described 0.573 tract and thc south line ofsald Montecito Drive, passing at a distance of 172.86 foot a ½ inch iron md with a yellow cap marked "Arthur Surveying Company" set for thc northwest comer of a 0.588 acre drainage tract, continuing on said course for a total distance of 188.23 feet to a ½ inch iron rod with a yellow cap marked "Arthur Surveying Company" set for the northeast comer of the herein described 0.5'13 acre tract~ same point fi:om which a'5/8 inch iron md with a yellow cap marked "Carter & Burgess" found for the northeast comer of said Block A, Lot 4 and the northeast comer of said 0.588 acre Drainage tract bears South 88 degrees 35 minutes 47 seconds East, a distance of i94.02 feet; THENCE South 11 degrees 08 minutes 52 seconds East, along the east line of the herein described 0.573 acre tract, a distance of 126.11 feet to a ~ inch iron rod with a yellow cap markad "A~ur Surveying Company" set for thc southeast comer of the herein descried 0.573 acre tract, same being in thc south linc of said 0.588 acre Drainage tract, same point being in the north line of Lot 10 of Old Alton Estates, an · addition to Denton County, Texas, according to the Plat thereof recorded in Volume 13, Page 25 of thc Plat Records of Dentun County, Texas, same point bcing in the south line of said Block A,. Lot 4, same point fi.om which a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found at the southeast comer of said Block A, Lot 4 and the southeast comer of said 0.588 acre Drainage tract bear5 South 88 degrees 52 minutes 47 seconds East, a distance of 192.76 feet; THENCE North 88 degrees 52 minutes 47 seconds Wast, along the south line of the herein described 0.573 acm tract and said Block A, Lot 4 and said 0.588 acre Drainage tract and along the m>rth Iino of said Lot 10, passing at a distance of 15.35 feet a ½ inch iron rod with a yellow cap marked "Arthur Surveying Company" set for the southwest comer of said 0~588 acre Drainage tract, continuing un passing the northeast comer of Lot 11 of said Old Alton Estates, continuing on said course for a total distance of 215.64 feet to a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found for the southwest comer of the herein described 0.573 acre Iract, same point being tho southwest comer of said Block A, Lot 4, same point being the southeast corner of said Lot 1, Block G; THENCE North 01 degrees 24 minutes 13 seconds East, along the west line of the herein described 0.573 10f2 ~ rthur~r~vey~ng~ Co., I~.,,~,~c. P.O. Box 54 - Lowisvillo, Texas 75~7 acre tract and tho west llnc of said Block A, Lot 4, and along thc oest line of said Lot 1, Block G, a dlstanco of 124.16 foot to tho POINT OF BEGINNING and containing a total of 0.573 acre of land, moro or los,, No. 43~7 ~ 2of2 RESOLUTION RESOLUTION NO. ~)~) ,~/' ~q / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO FACILITATE PUBLIC AWARENESS AND EDUCATION OPPORTUNITIES; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation of the COG's adopted regional solid waste management plan; and WHEREAS, the City of Denton is qualified to apply for project funds under Requests for Projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager or his designee is authorized to request project funding under the North Central Texas Council of Governments' Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Denton in all matters related to the project application for a project to facilitate public awareness and education opportunities to reduce litter and illegal dumping and any subsequent project contract and project that may result. SECTION 2. If the project is funded, the City of Denton will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. SECTION 4. The activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. PASSED AND APPROVED this the / ~'~ day of ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION S:\Our DocumentskResolutions~04\TIP Resolution.doc RESOLUTION NO. /~,~l~O ¢- I0,..~0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE CONTRACT BETWEEN THE DENTON CHAMBER OF COMMERCE AND APPLIED BEHAVIORAL SCIENCE AND INDICATING ITS INTENTION TO APPROVE THE APPLICABLE FUNDING TO PERFORM AN IMAGE AND BRANDING SURVEY AS RECOMMENDED BY THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD AND IMAGE AND MARKETING TASK FORCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, TIP Strategies Inc. was engaged by the City of Denton to assist in the formulation of a strategic plan for economic development; and WHEREAS, it was recommended that an Economic Development Partnership Board, comprised of government and community leaders, be responsible for the oversight of the strategic plan; and WHEREAS, the economic development strategic plan encompasses four project tasks identified by TIP Strategies Inc.; and WHEREAS, Image and Marketing was recognized as an essential project task to aid in the promotion of Denton's assets and benefits thus encouraging business growth and retention; and WHEREAS, the Image and Marketing project task is divided into three phases; and WHEREAS, Phase I of the Image and Marketing project task is to conduct an image survey and Phase 1I is design implementation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council supports the contract between the Denton Chamber of Commerce and Applied Behavioral Science to perform an image survey at a cost of $168,000, with the Denton Chamber of Commerce paying $84,000 this fiscal year. SECTION 2. The City Council expresses its intent to commit funds in its 2004-05 fiscal year budget, effective October 1, 2004, such funding to include $84,000 to supplement the contract with Applied Behavioral Science for the image survey and an additional $60,000 to fund Phase II. SECTION 3. At the time of the approval of the 2004-05 budget the Council intends to approve an ordinance authorizing an agreement with the Chamber of Commerce for Phase I and Phase II and the funding referenced herein. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: ' ,2004. Page 2 RESOLUTION S:\Our Documents~Resolutions~04\ROW Use Resolution-Carroll Addition.DOC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT, TO ALLOW PUBLIC ART AND OTHER IMPROVEMENTS TO BE LOCATED IN THE CITY RIGHT OF WAY AT THE NORTHEAST CORNER OF CARROLL BOULEVARD AND OAK STREET AS PART OF THE CARROLL ADDITION, LOTS 1 AND 2, BLOCK A AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CAB1NET V, PAGE 106 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council finds that approval of the Right of Way Use Agreement attached hereto and made a part hereof by reference (the "Agreement") is in the public interest because it will allow improvements that will enhance the City and contribute to pedestrian oriented development code requirements for Neighborhood Mixed Use Center Districts; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. .SECTION 2. The City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City and to carry out the City's rights and obligations under the Agreement. SECTION 3. This resolution shall become effective immediately upon passage and approval. ~L~ PASSED AND APPROVED this the /~-~-~ day of ~}~/~ , 2004. q EULINE BROCK, MAYOR its ATTEST: JENNER WALTERS. CITY SECRETARY APB~/ovED A-~ TO LEGAL FORM: BY: ~ ~ ~ RIGHT-OF-WAY USE AGREEMENT STATE OF TEXAS§ COUNTY OF DENTON§ KNOW ALL MEN BY THESE PRESENTS: Thp City of Denton, hereinafter referred to as "CITY", does consent and agree to permit /"--;Ji c)~cJ~n~[ .------------------~.~c~.; . hereafter referred to as "APPLICANT", the right to the non-exclusive use of a portion of right-of-way dedicated to the City which is more particularly described in Exhibit "AK attached hereto and made a part hereof by reference (the URight-of-Way Area") for the purpose of constructing and maintaining a planter, public art, and security bollards as shown on Exhibit "B" and "C" (the "Improvements") upon the following conditions: The APPLICANT, it's successors or assigns, shall maintain and keep in good condition all of the Right-of-Way Area and the Improvements and the CITY shall not become responsible for such maintenance at any time in the future. The CITY must approve the contents and design of the Improvements and any changes to such in advance. The sole purpose of the Improvements is to meet the City's Development Code Requirements and to provide an aesthetically pleasing enhancement to the Carroll Addition. The APPLICANT shall and does hereby agree to indemnify and hold harmless CITY from any and all damages, loss or liability of any kind whatsoever by reason of injury to preper[y or third persons occasioned by APPLICANT, it's successors, or assigns, use of the right-of-way or act of omission, neglect or wrongdoing of APPLICANT, it's officers, agents, employees, invitees or other persons, with regard to the Improvements and the APPLICANT shall, at it's own cost and expense, defend and protect the CITY against any and all' such claims and demands. The APPLICANT, with consent of the CITY, may transfer or assign all of it's rights and obligations under this agreement. Upon such a transfer, the APPLICANT is automatically released from all obligations hereunder, which obligations pass to the assignee. The APPLICANT shall, or shall cause it's successors or assigns to purchase and maintain General Liability Insurance naming the CITY as an "additional insured" for damages arising from the construction and maintenance of the Improvements with a limit of not less than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. The APPLICANT, it's successors, or it's assigns shall arrange for all activities and improvements in the Right-of-Way area to be discontinued and/or removed, at the direction of the CITY, within thirty (30) days of notification by CITY, that the City Council has approved a resolution directing the use of the right-of-way by the APPLICANT be discontinued. If the activities and improvements are not discontinued and removed within said thirty (30) day period, the CiTY may remove them. The costs associated with the discontinuing of such activities, and the removal of such improvements shall be borne by the APPLICANT, it's successors, or it's assigns. The APPLICANT, it's successors, or it's assigns shall not seek compensation form CITY for loss of the value of the improvements made hereunder when such improvements are required to be removed by APPLICANT. For notification purposes notices to APPLICANT shall be sent to: Name: l~,. _~. Address: City/Stata/Zip: (~¥'~,,~1~-~,J_. Fax: ~1~- For nofificafion purposes nofices to CITY shall be sent to: Edwin Snyder Deputy City Attorney City of Denton 215 East McKinney Street DentOn, Texas 76201 Fax: 940-382-7923 With a copy to: Paul Williamson City of Denton Real Estate and Capital Sup~)ort 601 East Hickory Street, Suite B Denton, Texas 76201 Fax: 940-349-8951 This Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and assigns. The covenants contained herein are restrictive covenants that touch and run with the land described in Exhibit "A" located in the City of Denton, Texas (The "Property"), burden the Right-of-Way Area, benefit the Carroll Addition, and shall be binding on all parties and all persons claiming under them, and anY future owners of the Property for a period of fifty years from the date of this Agreement. IN TESTIMONY WHEREOF, APPLICANT executes this Agreement on this I~ day ~ ~/ ,2004. .A-3:T-BS~. I Right-of-Way Use APPROVED AS TQ FORM: HERB~~~_~ATTORNEY, BY: CITY OF DENTON, XAS By: City Manager APPLICANT By: Printed Name: Title: ATTEST: CITY SECRETARY THE STATE OF TEXAS § COUNTY OF DENTON § ACKNOWLEDGEMENT This instrument was acknowledged before me on~i~._..~,2004 by Michael A. Conduff, City Manager of the City ~f Denton, Texas, on behalf of such municipality. ~ N~-a~'Pu~i~ in-~nd for th~ ~a~e of Texas My Commission Expires: [~--//~/~)~-~ I I Notary Public, State of Texss |[ My Commission Expires /[ ACKNOWLEDGEMENT THE STATE OF T~X_G_% § COUNTY OF .~P..r¥{O,q § This .instrumejgt was acknowledged before me on fV~O.~J I ~' ,2004 By /~).S. (.~O1~';~.~ , representing~the property known as the C~Orroll Addition, having full legal authority to execute legal documents as it's ! Notary Public in and for the State of My Commission Expires: I Ij;~ ~/(~,.~ Dated to be effective as of the /~ day of ~V~3. d I ............. ,IS^^,L.. II My Comml~on E~ortes il ~';t ~ ;J,~' November 25, 2005 ,2004. EXHIBIT "A" PAGE 1 of 2 ill LINE TABLE L1 S89~06~02"E 34.90~ L2 N44e48~10"W 13.09~ L3 S00~11~50"W 10.10~ L4 N89"48~10"W 19.33~ L5 N00o11~50"E 19.33~ L6 S89e48~10"E 10.10~ L7 S44~48~10"E 13.06~ .?or-w^Y NEILL suRVEY [ WILLIAM .~-r klO. g71 ~ At3sTRAbI'' GIOVANNI GIOMI ' ~. ~F;oi;;-oR;076950 . IL5 ~ CARROLL ADDITION I0~08 ACREs I% L5 ~ ~L2 OAK STREET 10 5 0 10 20 30 SCALE IN FEET Metr.oplex Survey, ng, Inc, 940-387-0§06 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com D~. MRKC~. BGS scA;,~, 1"=10' DATE 05/19/04 :o, No.33138 EXHIBIT "A" PAGE 2 of 2 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE WILLIAM NEILL SURVEY, ABSTRACT NUMBER 971, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN THE DEED TO GIOVANNI GIOMI, RECORDED UNDER CLERKS FILE NUMBER 95-R0076930, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF THE GIOMI TRACT ON THE NORTH LINE OF WEST OAK STREET AT ITS INTERSECTION WITH THE EAST LINE OF CARROLL BOULEVARD; THENCE SOUTH 89 DEGREES 06 MINUTES 02 SECONDS EAST WITH THE NORTH LINE OF WEST OAK STREET A DISTANCE 34.90; THENCE NORTH 44 DEGREES 48 MINUTES 10 SECONDS WEST, A DISTANCE OF 13.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 10.10 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 10 SECONDS WEST, A DISTANCE OF 19.33 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 50 SECONDS EAST, A DISTANCE OF 19.33 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 10 SECONDS EAST A DISTANCE OF 10.10 FEET; THENCE SOUTH 44 DEGREES 48 MINUTES 10 SECONDS EAST, A DISTANCE OF 13.06 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 0.008 ACRES; 05/19/04 33138 · MAY-21-2004 10:28 ENGINEERING 940 349 8951 P.02 THE STATE OF TEXAS 1659' 174776 met~. conveYanCes, deeds, mortgages, deeds of trim, and any and all other insttilments of every k/nd and chantcto' a~ in bis judgme~l may be necessary, eonven/ent or de,/ramie. to I~y all bills or accounts which may be owing and m Olin any !o~ boxes owned by POWER OF ATTORNEY- PAGE I Pursm~ ~o Se~ion 36A of th~ Toxas Proba~ Code, ~hi$ Power of Attorney ~ ) ) KNOW ALL ~ BY THESE PRESENTS: COUNTY OF DENTON ) THAT I, GlO ~VANNI GIOMI, of Florence, Italy haw tiffs day Made, Constituted and Appoint W. S, COLVILLE of Denton, in ~he Cou~ of~ and Slate of Texa~, ~rue and lawful Attorney for mc and in my name, place and slend, ~o do nny _n_~d every act and ex~cisc any and every powe~ ti~ I might do or could do or ~ci~c tl~ any other p~son and ~ he ,hnll deem proper or ndvi-.~le, intending hereby m vest in him n ful~ and univen~al power of n~tomey. Without in anywise detrac'tin8 from or limiQng the general and ~mple~ power and au~hoflly hesvinabove conferred, my nttorney in fs~t is specifically m~thotized to endorse, deposit and colle~ any vouchers, drafts nad checks, incl~ling tho~e drawn on the Trcasm'~r of the Uniled Sta/e~. and to with&~w any nad ~11 mo~eys nad fun& depo~md in my bank accounts o~ savings accounts and for that pu~ose ~o draw and issue ¢~ in my nnn~ to mnn~,e, oontml, Ieee, sell, n~sign, morlEnge, encumber or other- wise deal w~th or dispose ofa~l or any portion of my properties, w~ real or pen<m_.__, i~ such man~e~...and ulmn such tern~ as m hi,, shall seem best and to execute ~11 assign- , MRY-21-2004 10:28 ENGINEERING 940 349 8951 P.03 This Power of Altor~y, upon ~,,.,',~ zliou, hereby rcvol~-~ any Ired all oll~ Powers of Almmey a~ any lime he~tofore made. I hereby Bive and gr~m~ ~o smd Altemey fidl pow~ form a~y and all acts ami things whatsoever requisite ~ necossmy ~o be done Jn end ahote g3c premises, as fully ~o all in~t~ s~i purposes, ~ I migh~ or could do if person. of SUbstitution ~ ~evocstlon, ~=~..~- hag all ~ my said Ailomoy or his subsliluie shall lawfully do in lhe p~mises by virtue IN W1TNESS WHEREOF, I have ho~'~m~o se~ my hami _~a se~l Ibis dayofOctob~r, 2003. Wimess Address ' / POWER OF ATFOR.NEY - PAGE 2 10:2B ENGINEERING 940 349 895! P.04 THE STATE OF TEXAS ) COUNTY OF D£NTON ) BEFOR~ ME, tl~ unde~.~iip~ed autholity, on this day I~r~ol~lly apl~.anxl GIOVANNI OIOMl, known ~ me to be lhe pers<~ whose name is subs~tbed to Ihe foregoing inslmment, and ~lmowledgtxl to me that he executed the same for the purposes ami cottsideralion item expressed. (~N~ ~ HAND AND SEAL OF OFFICE, Offs ~-~- ..... d~y'of October, 2003. Now Publio in and for The $'n~ of Texas POWER OF ATTORNEY · MAY-21-2004 18:28 ENGINEERING 940 349 8951 P.05 ?l~ON,' , F~× NO. :B40~6667~6 Ma,~. ~ ~u~4 ~:~'; ~ 55~ [662 RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2005 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2005 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on May 27, 2004; 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 mount of the budget that will be allocated to the City of Denton, Texas; NOW, THEREFORE, THE COLTNCIL 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 /~L~/~ day of ~/.//i~. ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY RESOLUTION S:\Our Document s~Resolutions\04XResolutionLakeForestMasterPIan6-7-04.doc RESOLUTION NO. t~q~'0dQ~-t~9~,~ A RESOLUTION ADOPTING THE 2004 LAKE FOREST PARK MASTER PLAN OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Parks and Recreation Department has prepared a 2004 Lake Forest Park Master Plan, a copy of which is attached hereto and incorporated herein by reference (the "Plan"); and WHEREAS, on June 7, 2004, the Parks and Recreation Board reconmaended approval of the Plan; and WHEREAS, the City Council finds that the Plan is in the public interest and in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby adopts the Plan. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ay of (~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY NEIGHBORHOOD PARK Playground Area SYSTEM AREA OF WETLAND MITIGATION OBLIGATION NATURE TRAIL COURTS COURTS WINDMILL BRIDGE NATURE TRAIL NATURAL AREAS W/ TRAILS, BENCHES & PICINC FACILITIES FACIUTIES~- .-PRACTICE OPEN CONNECTION TO CROSS TIMBERS NATURE TRAIL Conceptual Masterplan LAKE FOREST PARK Denton, Texas VIEW-POINTS. TYP. 4/28/04 SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APeROVED this the ~)L]~ dayof ~, ,2004. EULINE BROCK, MAYOR ATTE S T: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERTBy: ~~//L' PRi~TTORNEY. PAGE 2 RESOLUTION RESOLUTION NO. ~c~OD~'- 0~' A RESOLUTION APPROVING THE FISCAL YEAR 2005 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 2005 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 2005 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 the ~01~'day of (~, ,2004. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DENCO AREA 9-1 - 1 DISTRICT FISCAL YEAR 2005 ~DRAFT~ FINANCIAL PLAN Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section I Preface DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 PhoneFFIY: 972-221-0911 · FAX: 972-420-0709 · Web Page: www.denco.org Denco Area 911 District Participating Jurisdictions Date: June 3, 2004 Subject: Denco Area 911 District Fiscal Year 2005 Financial Plan The Denco Area 9-I-1 Dish'ict's Board of Managers, at its June 3, 2004 regular meeting, approved the "DMZ" Danco Ama 9-1-1 District Fiscal Year 2005 Financial Plan and authorized district staffto forward it to all participating jurisdictions for consideration. Fiscal year 2004 has been a very productive year for the Denco Ama 9-1-1 District. Major accomplishments during the fiscal year includes the following: The district completed its deployment of Phase 1I enhanced 9-1-1 wireless service. Denco used the financial resoumes available to it to be one of the first in the nation to provide this service to its constituents. Phase II provides 9-1-1 telecommunicators with the approximate location of wireless callers. More than 60 percent of the 9-1-1 calls in the district are made fi-om wireless telephones. With the deployment of Phase II, Denco increased its public awareness of the proper use of wireless phones for 9-1-1 and focused much of its training efforts on providing dispatchers with better tools for responding to wireless 9-1-1 calls. A third major accomplishment in 2004 is the development ora business continuity plan that will minimize the effect ora major disaster on district operations. The efficient use of its financial resources in fiscal year 2004 will allow the district to remain financially strong as it continues to provide state-of-the-art services to the Public Safety Answering Points (PSAPs) it serves. The district will be able to rebuild its reserve funds to help pay the balance it owes for Phase II services. The enclosed 2005 financial plan provides for additional enhancements to the current network that will minimize outages during a potential disaster event. It also funds the balance it owes for Phase II services and thc addition of PSAP answering equipment at Denton County's new Emergency Operation Center (EOC). In addition, the budget provides for an upgrade to existing 9-1-1 answering equipment that will provide tools that will better assist call-takers in processing emergency calls. 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 wireline telephone 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-I-I District. 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/~TY: 972-221-0911 · FAX: 972-420-0709 · Web Page: www.denco.org To: Denco Area 911 District Participating Jurisdictions Date: June 3, 2004 Subject: Denco Area 911 District Fiscal Year 2005 Financial Plan Enclosed is a "draft" copy of the Danco Area 9-1-1 District Fiscal Year 2005 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 jurisdictions seeking comments. After a 45-day review and comment period, the district's board of managers will consider approval of a 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 wireline 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. Denco continues to provide excellent services to its member jurisdicfions 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 Denco based on the district's percent of the total population of Texas. The 76~h Texas Legislature passed House Bill 1984 which defined the budget approval process for Chapter 772.300 series emergency communication dis~icts. The following documents are included in Section 5, the Appendix of this financial plan, defining the policies and procedures as well as the statute under which the district operates: A copy of the Denco Area 9-1-1 District 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 ora budget. A copy of the budget approval policy that provides for amending the approved 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 the budget, Denco requests that you review the budget and provide feedback prior to the August 5, 2004 district board of managers' meeting. At that time the board will approve a final budget for fiscal year 2005, which begins October 1, 2004. If there are no changes to 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 Denco Area 9-1-1 District. Michael L. Pedigo, Executive Director 1075 Princeton Street, Lewisville, Texas 75067 Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 2 District Overview DENCO AREA 9-1-1 DISTRICT DISTRICT OVERVIEW Background Information What is Eg-l-1 ? 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 instrnment (including wireless) within the district's geographical boundaries, to the proper public safety answering point (PSAP) responsible for dispatching emergency services to the caller. 9-1-1 Terminology 9-1-1 (Nine-one-one). An easy-to-remember, easy-to-dial three-digit emergency telephone number developed to provide citizens a reliable, fast and convenient way to access fire, police, or medical service providers in the event of an emergency. District (Denco Area 9-1-1 District). The entity that provides enhanced 9-1-1 service in Denton County. A board of managers appointed by participating jurisdictions governs the district. The district serves Denton County and all of the City of Carrollton. E9-1-1 (Enhanced 9-1-1). The system that is operational in Denton County providing SR, ANI and ALI (defmed below). District Overview June 3, 2004 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 sheriff'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 Policy 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. District Overview June 3, 2004 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 %1-1 requiring the proper routing of wireless 9-1-1 calis to PSAPs and the provision of the callers' ANI to the telecommunicators. Phase Il. 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. District Overview June 3, 2004 Benefits olEg-l-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 calls. (In the Denco Area 9-1-1 District, telecommunicators are trained to provide emergency medical dispatch, thus reducing response time for medical emergencies.) Telecommunicators have the equipment and training necessary to communicate with hearing/speech impaired callers. The caller's name, address and telephone number, as well as the proper fire, police and emergency medical service designated to respond to the caller's address, is automatically provided to the telecommunicator, thus reducing total response time. In the event the caller is unable to speak, the telecommunicator has the ability to dispatch help to the callers 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. District Overview June 3, 2004 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. Formation of the Denco Area 9-1-1 District Legislation During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e (Section 772, Texas Health and Safety Code), Emergency Telephone Number Act, which provided for the creation, administration, expansion, funding and dissolution of emergency communication districts in certain counties in Texas. The Emergency Telephone Number Act is the legislation under which the Denco Area 9-1-1 District operates. District Overview June 3, 2004 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 confmn 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 month, to be charged by the district for the purpose of establishing and maintaining 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. District Overview June 3, 2004 The participating jurisdictions of the district are the following: Argyle Hackberry Little Elm Aubrey Hebron Marshall Creek Bartonville Hickory Creek Northlake Carrollton Highland Village Oak Point Clark Justin Pilot Point Copper Canyon Krugerville Ponder Corinth Krum Roanoke Corral City Lake Dallas Sanger Cross Roads Lakewood Village Shady Shores Denton Lewisville The Colony Double Oak Lincoln Park Trophy Club Flower Mound Unincorporated Denton County On December 8, 1987, the district's board of managers ordered the levy and collection of the emergency fee to commence with the January 1988 billing cycle. The board ordered the service fee, collected by the telephone companies, to be charged at a rate of three (3%) percent of the base rate of GTE Southwest. The emergency service fee for basic levels of telephone service charged to customers in the district was capped at $.27 for residential customers, $.71 for business customers and $1.13 for minks. (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. Organizational Structure Board of Managers. The board of managers is the governing body for the Denco Area 9-1-1 District. The county, participating cities and the Denton County Fire Chiefs District Overview June 3, 2004 Association appoint the board. Board members serve staggered two-year terms and are eligible for reappointment. The current board of managers is made up of the following members: Board Member Represents Mr. Jack Miller, Chairman Denton Cotmty Commissioners Court Mayor Olive Stephens, Vice Chairman Participating Cities Mr. Harlan Jefferson, Secretary Mr. Lewis Jue Chief Lonnie Tatum Mr. Keith Stephens Participating Cities Denton County Commissioners Court Fire Chiefs Association Verizon, Advisory The Emergency Telephone Number Act states, "the board shall manage, control and administer the district. The board may adopt roles 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 2005 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 tkree direct service program areas that serve the 9-1-1 PSAPs and emergency service District Overview June 3, 2004 providers within the district. Included in the organizational chart are names of staff members in each program area. Board of Managers Mike Pedigo Executive Director Carla Flowers Business Manager 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 I 'nf°r !d°n ?%ms I I I KandyJones ~ Information Systems Secretary Dianna Orender Rural Addressing Coordinator Coordinator Mission, Values and Goals Mission The Denco Area 9-1-I 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. District Overview June 3, 2004 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: Goals 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. 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 (PSAP) 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. 10 Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 3 Financial Plan Summary Summary of Cost Classifications DENCO AREA 9-1-1 DISTRICT FISCAL YEAR 2005 FINANCIAL PLAN SUMMARY Strategic Overview Fiscal Year 2004 During the current fiscal year, the Denco Area 9-1-1 District has dedicated most of its resources to fine-tuning the Phase II services that it has implemented over the past two years. Included has been a focus on tweaking the equipment, network, and database to best utilize the new technology. In addition, resources have been committed to provide the public with information as to how to best access the system, train the telecommunicators as to how to best use the technology and assist other 9-1-1 jurisdictions with the deployment of Phase II enhanced wireless 9-1-1 service. Due to the financial implications of Verizon tariff services, the district relocated its wireless database services to the SBC platform. The change in providers will save the district significant fmancial resources over the next four years. Denco has produced and distributed a new brochure that provides citizens with updated information about the services the district provides. In addition, information specific to the wireless 9-1-1 services in Denton County has been placed at local wireless retail outlets. The district has provided a series of"Wireless 9-1-1 Forums" to 9-1-1 call takers across the district. The training program gave the telecommunicators the tools needed to best serve their communities when answering wireless 9-1-1 calls. FY2005 Financial Plan Summary June 3, 2004 · The Denco Area 9-1-1 District is the "Model Community" representing Texas in APCO's Project Locate program. Staff has shared its experience and expertise with other 9-1-1 providers across the country by presenting at national symposiums and providing copies of its public education and training publications to other 9-1-1 professionals. Another priority during fiscal year 2004 has been the development of a business continuity plan. For the past year, Denco has been formalizing many of the procedures currently in place and developing others that will mitigate the impact of a potential disaster. The district plans to complete the plan in 2004. The plan provides for the automatic storage of financial and records management information at a remote location, procedures that will assist staff assume responsibilities of other staff members in the event of their unavailability or untimely departure and procedures for responding when the plan is activated. Another focus has been the continued negotiations to resolve Phase II contract matters with wireless carriers. The Federal Communications Commission (FCC) has directed wireless carriers to deploy Phase II services in a short time frame. Because of the time limitations, contracts with some of the carriers have not yet been finalized. The district hopes to finalize those agreements in the current fiscal year. 13 FY2005 Financial Plan Summary June 3, 2004 Fiscal Year 2005 In addition to the normal services that Denco Area 9-1-1 District provides its constituents, the 2005 financial plan provides the financial resources to support the following objectives during the next fiscal year: · Complete the service agreement negotiations and fund the balance the district owes the wireless carriers for Phase II services. Begin the deployment of a redundant network that will minimize the impact of potential network outages. Provide the additional equipment and services needed to improve the effectiveness of the PSAPs it supports. Monitor the 2005 legislative session and respond appropriately to any legislation that has the potential to impact 9-1~1 district funding or services. Upgrade the equipment used in the schools to educate children on the proper use ofg-l-1. Sponsor additional "Spanish for the Telecommunicator" classes that were developed by district staff to better equip call takers in answering 9-1-1 calls from the Spanish speaking community. Improve the monitoring capability of the district's high-capacity telephone circuits. Evaluate the impact of growing Voice over Intemet Protocol (VoIP) telephone services and participate in forums that will encourage contractual and/or regulatory means to lessen its impact on the inferior 9-1-1 service that it provides its users. 14 FY2005 Financial Plan Summary June 3, 2004 Financial Overview Summary of Budget Objectives Due to an unanticipated refund of $231,000 from T-Mobile in 2004, the Denco Area 9-1-1 District will have a larger reserve balance at the beginning of 2005 to fund its services during the 2005 fiscal year. With the addition of the refund, the district projects that it will have the financial resources available to fully fund all of the outstanding costs it has accrued for the deployment of Phase II services. After paying for the initial costs associated with the deployment of Phase II, the district should be in an excellent financial position to accomplish its stated objectives for fiscal year 2005. The long-range projections included in Section 4 depict adequate financial. resources at the current rate over the next several years to fully fund district operations. Summary of Anticipated Revenues The following is a summary of auticipated revenues for fiscal year 2005: · Total service fee revenue is anticipated to increase by 2.40 percent. Wireline service fee revenue is expected to decrease by 2.44 percent, which is offset by an estimated increase in wireless service fee revenue of 7.0 percent. It is anticipated that wireline revenue will continue to decrease as more consumers migrate to wireless and VolP telephone services. · Interest revenue is not anticipated to increase in 2005 as the district will decrease its reserve balance and the interest rate is not expected to increase. · Contract service revenue is projected to decrease due to a new contract arrangement with Denton County for rural addressing services. 15 FY2005 Financial Plan Summary June 3, 2004 · Miscellaneous revenue is proposed to be zero. The district expects the T- Mobile refund in budget year 2004. Summary of Proposed Expenditures The following is a summary of proposed expenditures for fiscal year 2005: · Due to a decrease in staffing for the 2005 fiscal year, the proposed personnel expenditures are $14,325 less than fiscal year 2004. Proposed operations costs are budgeted to increase by $6,168 or 4.6 percent over the amount submitted in the 2004 financial plan. Total direct service expenditures are proposed to increase by $582,415 in 2005. The eatire increase will be used to pay for Phase II services. 16 DENCO AREA 9-1-1 DISTRICT SUMMARY OF COST CLASSIFICATIONS Personnel Expenditures Includes staff salary, deferred compensation, and healthcare and retirement benefits. Also included are costs for state unemployment tax and employer's contribution to Medicare. In addition, temporary (contract) personnel services are included. Operations Expenditures Includes 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 software. 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. Summary of Cost Classifications June 4, 2004 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) and Association of Public Safety Communications Officials-International (APCO). 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 staff travel out of the district. Also included is reimbursement for the use of personal vehicles on official business within the district. 18 SummaE~ of Cost Classifications June 4, 2004 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 9-1-1 systems. Also included are non-recurring and monthly recurring costs for network and database services, language interpretation and other recurring services. Information Systems Includes operations, service and direct maintenance costs required to develop and distribute 9-1-1 GIS and other database information to public safety answering points and emergency response agencies. Included are costs for aerial photography files and the service and maintenance of hardware and software required to provide the data. 19 Summary of Cost Classifications June 4, 2004 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 Telecommnnicator 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 of Texas annual awards and appreciation activities and recipients of the Dr. Allen Groff Emergency Medical Dispatch (EMD) Scholarship to the national EMD conference. 20 Denco Area 9-1-1 District Fiscal Year 2005 Financial Plan Section 4 Anticipated Revenues Proposed Expenditures DENCO AREA 911 DISTRICT FINANCIAL PLAN Summary of Anticipated Revenues and Proposed Expenditures Fiscal Year 2005 FY 2005 Percent of Proposed Budget Beginning of Year Estimated Reserve Funds $ 718,030 Anticipated Revenues 9-1-1 Service Fee Revenue Interest Revenue Contract Services Revenue Miscellaneous Revenue (Expense) Total Anticipated Revenues $ 2,814,617 99.14% 4,280 0.15% 20,000 0.70% 0.00% $ 2,838,897 100% Proposed Expenditures Personnel Operations Direct Services Total Proposed Expenditures 841,020 26.05% 138,408 4.29% 2,249,622 69.67% $ 3,229,050 100% Increase (Decrease) in Reserve Funds $ (390,153) End of Year Estimated Reserve Funds $ 327,878 DENCO AREA 911 DISTRICT FINANCIAL PLAN Anticipated Revenues Fiscal Year 2005 FY 2005 Percent of Proposed Budget Service Fee Revenue Verizon SBC Sprint CenturyTel Other Local Exchange Cardem (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 $ 787,513 27.74% 200,261 7.05% 31,010 1.09% 48,762 1.72% 255,126 8.99% 7,763 0.27% (13,304) -0.47% (1,987) (9,508) -0.33% $ 1,305,636 45.99% 1,508,981 53.15% $ 2,814,617 99.14% Non Service Fee Revenue Interest Revenue Contract Service Revenue Miscellaneous Revenue (Expenses) Total Non Service Fee Revenue $ 4,280 0.15% 20,000 0.70% 0.00% $ 24,280 0.86% Total Revenue $ 2,838,897 100% 23 DENCO AREA 911 DISTRICT FINANCIAL PLAN Proposed Expenditures Fiscal Year 2005 FY 2005 Proposed Percent of Budget Personnel Expenditures Salaries Benefits Operations Expenditures Communications Expendable 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 PSAP and Maintenance Equipment Information Systems Operations Public Education/Training Operations Public Education Services Training Services $ 628,601 19.47% 212,419 6.58% Total $ 841,020 26.05% $ 17,339 0.54% 9,700 0.30% 46,266 1.43% 33,87O 1~05% 1,833 0.06% 5,300 0.16% 22,100 0.68% 2,000 0.06% Total $ 138,408 4.29% $ 107,325 3.32% 1,914,407 59.29% 50,048 1.55% 84,590 2.62% 23,427 0.73% 37,550 1.16% 32,275 1.00% Total $ 2,249,622 69.67% $ 3,229,050 100% 24 Denco Area 9-1-1 District Fiscal Year 2005 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. Appendix Goal 3: Goal 4: Goal 5: Goal 6: Mission, Values and Goals Statement To increase public awareness of 9-I-1 issues and promote the proper use of the 9-1-1 system. To provide training programs which enable Public Safety Answering Point (PSAP) 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. 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, [e~] D, or F, Chapter 772. SECTION 2. Sections 772.309(b), (c), and (d), Health and Safety Code, are amended to read as follows: (b) The board shall submit a draft of the proposed budqet to the governing bodies of the participating jurisdictions not later than the 45th day before the date the board adopts the budqet. The participating iurisdictions 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 participatin.q jurisdiction does not approve or disapprove the budget before the 61 st day after the date the body received the proposed budget for review, the budget is approved by operation of law. Appendix H.B. No. 1984 (d) A revision of the budget must be approved in the same manner as the budget. ~ [(~)] 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. .(.0. [~t)] The board shall have an independent financial audit of the district performed annually. Appendix Budget Approval Procedures DENCO AREA 9-1-t DISTRICT RESOLUTION DEFINING PROCEDURES FOR CONSIDERATION AND APPROVAL 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: l. Not later than the 45th day before the Board adopts a budget, the Executive Director on behalf of the Board will submit a draft of the proposed budget to each of the governing bodies of the participating jurisdictions. In a transmittal letter accompanying the draft of the proposed budget, the Executive Director will include a statement requesting that the governing bodies of each of the participating jurisdictions review the draft of the proposed budget and submit any comments to the Board prior to or on the date the budget is scheduled for consideration and adoption by the Board. 2. Once the Board adopts the budget, the Executive Director on behalf of the Board will within three days either 1) send a letter to each of the governing bodies of the participating jurisdictions stating that the Board adopted the proposed budget without any changes or 2) send a copy of the budget adopted by the Board and include in a letter the differences between the proposed and adopted budget. In the letter to the governing bodies of the participating jurisdictions, the Executive Director will include a statement requesting approval of the Board's adopted budget by the governing bodies of participating jurisdictions within sixty days of receipt. APPROVED and ADOPTED on this 2"a day of December 1999. Chairman, Board of Managers Secretary, Board of Managers Appendix Budget Approval Policy DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING THE DENCO AREA 9-1-1 DISTRICT BUDGET APPROVAL POLICY WHEREAS, the Denco Area 9-1-1 District was created under Texas Health and Safety Code and the voters of Denton County to design, implement and operate a 9-1-1 system for all participating jurisdictions; and WHEREAS, the Board of Managers is appointed by participating jurisdictions to manage, control and administer the district; and WHEREAS, under the direction of the Board of Managers, the executive director prepares an annual budget that must be approved by the board, the commissioners court and the majority of participating cities; NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 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 SUBCHAPTER D. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH POPULATION OVER 20,000 § 772.301. Short Title This subchapter may be cited as the Emergency Telephone Number Act. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.302. Purpose It is the purpose of this subchapter to establish the number 9-1-1 as the primary emergency telephone number for use by certain local governments in this state and to encourage units of local government and combinations of those units to develop and improve emergency communication procedures and facilities in a manner that will make possible the quick response to any person calling the telephone number 9-1-1 seeking police, fire, medical, rescue, and other emergency services. To this purpose the legislature finds that: (1) it is in the public interest to shorten the time required for a citizen to request and receive emergency aid; (2) there exist thousands of different emergency telephone numbers throughout the state, and telephone exchange boundaries and central office service areas do not necessarily correspond to public safety and political boundaries; (3) a dominant part of the state's population is located in rapidly expanding metropolitan areas that generally cross the boundary lines of local jurisdictions and often extend into two or more counties; and (4) provision of a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public safety efforts by making it less difficult to notify public safety personnel quickly. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.303. Definitions In this subchapter: (1) "Board" means the board of managers of a district. Appendix Health and Safety Code, Chapter 772.300 (2) "Director" means the director of communication for a district. (3) "District" means an emergency communication district created under this subchapter. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.304. Application of Subchapter (a) This subchapter applies only to a county with a population of more than 20,000 or to a group of two or more contiguous counties each with a population of 20,000 or more in which an emergency communication district was created under Chapter 288, Acts of the 69th Legislature, Regular Session, 1985, before January 1, 1988, or to a public agency or group of public agencies that withdraws from participation in a regional plan under Section 771.058(d). (b) This subchapter does not affect the authority of a public agency to operate under another law authorizing the creation of a district in which 9-1-1 service is provided. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1405, § 32, 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; Appendix Health and Safety Code, Chapter 772.300 (2) two members appointed by the governing body of the most populous municipality in the district; (3) one member appointed by the governing body of the second most populous municipality in the district; (4) one member appointed as provided by this section to represent the other municipalities located in whole or part in the district; and (5) one member appointed by the principal service supplier. (c) If Subsection (b) does not apply to a district, the board consists of: (1) the following members representing the county or counties in the district: (A) if the district contains only one county, two members appointed by the commissioners court of the county; (B) if the district originally contained only one county but contains more than one county when the appointment is made, two members appointed by the commissioners court of the county in which the district was originally located, and one member appointed by the commissioners court of each other county in the district; or (C) if the district originally contained more than one county and the district contains more than one county when the appointment is made, one member appointed by the commissioners court of each county in the district; (2) two members appointed jointly by all the participating municipalities located in whole or part in the district; (3) one member appointed jointly by the volunteer fire departments operating wholly or partly in the district, with the appointment process coordinated by the county fire marshal or marshals of the county or counties in the district; and (4) one member appointed by the principal service supplier. (d) The board member appointed by the principal service supplier is a nonvoting member. If the board is appointed under Subsection (c), the principal service supplier may waive its right to appoint the board member and designate another service supplier serving all or part of the district to make the appointment. (e) The board member appointed under Subsection (b)(4) is appointed by the mayor's council established to administer urban development block grant funds, if one exists in the district. Otherwise, the member is appointed by the other Appendix Health and Safety Code, Chapter 772.300 members of the board on the advice and recommendation of the governing bodies of all the municipalities represented by the member. (f) The initial board members appointed by municipalities under Subsection (c)(2) are appointed by all the municipalities located in whole or part in the district. (g) Board members are appointed for staggered terms of two years, with as near as possible to one-half of the members' terms expiring each year. (h) A board member may be removed from office at will by the entity that appointed the member. (i) A vacancy on the board shall be filled for the remainder of the term in the manner provided for the original appointment to that position. (j) Board members serve without compensation. The district shall pay all expenses necessarily incurred by the board in performing its functions under this subchapter. (k) The board may appoint from among its membership a presiding officer and any other officers it considers necessary. (I) The director or a board member may be appointed as secretary of the board. The board shall require the secretary to keep suitable records of all proceedings of each board meeting. After each meeting the presiding officer at the meeting shall read and sign the record and the secretary shall attest the record. (m) Voting members of the board may meet in executive session in accordance with Chapter 551, Government Code. (n) A majority of the voting members of the board constitutes a quorum. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eft. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 638, § 15, eft. Sept. 1, 1995. § 772.307. Powers and Duties of Board (a) The board shall control and manage the district. (b) The board may adopt rules for the operation of the district. Appendix Health and Safety Code, Chapter 772.300 (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. § 772.309. Budget; Annual Report; Audit (a) The director shall prepare under the direction of the board an annual budget for the district. To be effective, the budget must: (1) be approved by the board; (2) be presented to and approved by the commissioners court of each county in the district; (3) be presented to and approved by the governing body of the most populous municipality in the district, if that municipality has a population of more than 140,000; and (4) be presented to the governing body of each other participating jurisdiction and approved by a majority of those jurisdictions. (b) The board shall submit a draft of the proposed budget to the governing bodies of the participating jurisdictions not later than the 45th day before the date the board adopts the budget. The participating jurisdictions shall review the proposed budget and submit any comments regarding the budget to the board. Appendix Health and Safety Code, Chapter 772.300 (c) If the governing body of a county, municipality, or other participating jurisdiction does not approve or disapprove the budget before the 61 st day after the date the body received the proposed budget for review, the budget is approved by operation of law. (d) A revision of the budget must be approved in the same manner as the budget. (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 muting; 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 Appendix Health and Safety Code, Chapter 772.300 (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, eff. 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, eff. Sept. 1, 1989. § 772.313. Powers of District Appendix Health and Safety Code, Chapter 772.300 (a) The district is a body corporate and politic, exemising public and essential governmental functions and having all the powers necessary or convenient to carry out the purposes and provisions of this subchapter, including the capacity to sue or be sued. (b) To fund the district, the district may apply for, accept, and receive federal, state, county, or municipal funds and private funds and may spend those funds for the purposes of this subchapter. The board shall determine the method and 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 Appendix Health and Safety Code, Chapter 772.300 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 distdct 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 Appendix Health and Safety Code, Chapter 772.300 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 enforce the collection of the 9-1-1 emergency service fee. However, the service supplier shall provide the district with an annual certificate of delinquency that includes the amount of all delinquent fees and the name and address of each nonpaying service user. The certificate of delinquency is prima facie evidence that a fee included in the certificate is delinquent. A service user account is considered delinquent if the fee is not paid to the service supplier before the 31st day after the payment due date stated on the user's bill from the service supplier. (g) The district may institute legal proceedings to collect fees not paid and may establish internal collection procedures and recover the cost of collection from the nonpaying service user. If the district prevails in legal proceedings instituted to collect a fee, the court may award the district court costs, attorney's fees, and interest in addition to other amounts recovered. A delinquent fee accrues interest at an annual rate of 12 percent beginning on the date the payment becomes due. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 936, § 15, eft. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 638, § 17, eft. Sept. 1, 1995. § 772.316. District Depository (a) The board shall select a depository for the 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. Appendix Health and Safety Code, Chapter 772.300 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. Appendix Health and Safety Code, Chapter 772.300 (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 moro 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 retiro 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 district to begin providing 9-1-1 service to ail 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. Appendix Health and Safety Code, Chapter 772.300 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 Appendix Health and Safety Code, Chapter 772.300 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. Appendix Health and Safety Code, Chapter 772.300 (d) The refunding bonds must be approved by the attorney general as provided by Section 772.326 and shall be registered by the comptroller on the surrender and cancellation of the bonds refunded. (e) The orders or resolutions authorizing the issuance of the refunding bonds may provide that they be sold and the proceeds deposited in the place or places at which the bonds being refunded are payable, in which case the refunding bonds may be issued before the cancellation of the bonds being refunded. If refunding bonds are issued before cancellation of the other bonds, an amount sufficient to pay the principal of the bonds being refunded and interest on those bonds accruing to their maturity dates or to their option dates if the bonds have been duly called for payment before maturity according to their terms shall be deposited in the place or places at which the bonds being refunded are payable. The comptroller shall register the refunding bonds without the surrender and cancellation of bonds being refunded. (0 A refunding may be accomplished in one or in several installment deliveries. Refunding bonds and their interest coupons are investment securities under Chapter 8, Business & Commerce Code. (g) In lieu of the method set forth in Subsections (a)-(f), a district may refund bonds, notes, or other obligations as provided by the general laws of this state. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.328. Bonds as Investments and Security for Deposits (a) District bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and loan association; (5) an insurance company; (6) a fiduciary; (7) a trustee; (8) a guardian; and Appendix Health and Safety Code, Chapter 772.300 (9) a sinking fund of a municipality, county, school district, and other political subdivision of the state and other public funds of the state and its agencies, including the permanent school fund. (b) Distdct bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state. The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. § 772.329. Tax Status of Bonds Because a district created under this subchapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to the bonds, and profits made in the sale of the bonds are exempt from taxation by the state or by any municipality, county, special district, or other political subdivision of the state. Acts 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. RESOLUTION A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE ACQUISITION OF REAL PROPERTY BY THE DENTON CENTRAL APPRAISAL DISTRICT COMMONLY KNOWN AS 3901 MORSE STREET, DENTON, TEXAS 76208; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.051, TEX. TAX CODE (the "Code") authorizes the Board of Directors of an appraisal district to purchase real property and improvements as necessary to establish and operate the appraisal office; and WHEREAS, the Board of Directors of the Denton Central Appraisal District ("District") have delivered a copy of their resolution to the City of Denton ("City") setting forth the District's proposal to purchase real property situated in Denton County, Texas, known as 3901 Morse Street, Denton, Texas 76208 (the "Property"), a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Board of Directors of the District have also delivered to the City information showing the costs of available alternatives to purchase the Property, a copy which is attached hereto and made a part hereof as Exhibit "B"; and WHEREAS, the Code requires that an appraisal district's purchase of such real property and improvements be approved by three-fourths of the taxing units entitled to vote on the appointment of board members; and WHEREAS, the Code authorizes the following action; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The District's proposal to acquire the Property is hereby approved SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~2~L)~/~ day of ~~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~~- Page 2 Exhibit A STATE OF TEXAS § COUNTY OF DENTON § RESOLUTION OF THE DE,Ny. ON CENTRAL APPRAISAL DISTRICT WItEREAS, § 6.051, TEX. TAX CODE authorizes the Board of Directors of an appraisal district to purchase or lease real property and construct or renovate a building or other improvements as necessary to establish and operate ttie appraisal office. WHEREAS, the Board of Directors of the Denton Central Appraisal District desires to purchase real property situated in Denton County, Texas, at 3901 Morse Street the purposes of operating its appraisal office thereon. WHEREAS, the referenced provisions of the Texas Property Tax Code authorize the following action: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Denton Central Appraisal DisU-ict · RESOLVED, that the Denton Central Appraisal District is authorized to purchase the real property and improvements located 3901 Morse Street, Denton County, Texas 76201. The offering price on the properly is $ 865~000. · RESOLVED, that the Board of Directors of the Denton Central Appraisal District shall notify the presiding officer of each taxing unit entitled to vote on the approval of the proposal by delivering a copy of the board's resolution together with infomaatlon showing the costs of other available alternatives to the proposal. · RESOLVED, that tiffs Resolution is for purposes of obtalrdng the required approval of each taxing unit entitled to vote on thc approval of tile proposal and that the passage of this resolution does not constitute acceptance of any bids submitted by my entities in anticipation of ~l~e purchase of the propert~ and construction o£impro¥cments thereon. RE$OLVI~D, that Chairman of the Bo/rd of Directors of the Denton Central Appraisal District is hereby attthorized to execute any necessary documents, agreements, or contracts to carry out the terms and eollditions oftlfis Resolution. }'^ssm ~?~OWD, ~]) ,~r, ov~r~o t~s ~/~d,y o~ ~ , 2004. ATTEST: CHAIRMAN OF THE BOARD OF ])IR. ECTORS Denton Central Appraisal D/strict Exhibit B ALTERNATIVES TO PURCHASE Denton CAD is proposing to purchase 3901 Morse Street, Denton, Texas 76208. This site is improved with a 15,000 + square foot building and is in the vicirfity of the Denton CAD facility at 3911 Morse St. Alternative 1 - Moving out of 3911 Morse Street to a larger building No other properties were reviewed. Continuing at the currm~t address and the central location of the property 'were the primary reasons. Alternative 2 - Purchase of land and construction of similar size building as 3901 Morse in immediate area of 3911 Morse Cost estimates are from an appraisal made on 3901 Morse Street Cost Estimates 15,8 ~ 0 SF building $948,600 Other site improvemenB$138,500 Similar size land $158,500 Total $1,245,600 RESOLUTION RESOLUTION N~2004- a~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF COORDINATION BETWEEN THE CITY OF DENTON, TEXAS AND THE HOUSING AUTHORITY OF THE CITY OF DENTON, PROVIDING FOR COORDINATION OF CERTAIN LIBRARY SERVICE 'WITH DENTON HOUSING AUTHORITY FAMILY SELF-SUFFICIENTCY PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Housing Authority has developed a Family Self-Sufficiency program, designed to assist Housing Authority participants to acquire the necessary skills to secure employment and enhance fmancial self-sufficiency; and WHEREAS, the Denton Housing Authority uses grant monies and the assistance of community resources to successfully nm the program; and WHEREAS, the Denton Housing Authority wishes to use certain programs provided by the Library of the City of Denton; and WHEREAS, the Library already provides certain computer training on the internet and other electronic databases, provide books, audio visual materials, and other resources available for check out, and can provide reference and information assistance; and WHEREAS, the Denton Housing Authority would like to coordinate these services with members of the Family Self-Sufficiency program; and WHEREAS, the city council deems that it is in the public interest to coordinate these library services with the Denton Housing Authority Self-Sufficiency program; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Mayor, City Manager, is hereby authorized to execute, on behalf of the City Council of the City of Denton, Texas, a Certificate of Coordination between the Housing Authority of the City of Denton and the Library of the City of Denton in substantially the form of the Certificate of Coord'mation attached hereto and incorporated herein by reference SECTION 2. That this resolution shall become effective immediate upon its passage and approval. PASSED AND APPROVED this the ~'/~¢]tday of ~-~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Docu men t s',Resolutions\04~)Library Housing Authorit~ Agreement.doc CERTIFICATE OF COORDINATION between THE HOUSING AUTHORITY OF ~ CITY OF DENTON and CITY OFDENTON Name of Agency The City of Denton, Library is alocally Name of Ag*aey community based organization providing supportive services to Denton and surrounding communities. Some of the services provided include: (but not limited to): LIST DESCRIPTION OF SERVICES PROVIDED TO DHA RESIDENTS: Please see attached Exhibit "A"' The City of Denton, Library in collaboration v~th the Housing Name of Agency Authority of the City of Denton (DHA) and other ~ervice providers~pport the Self- Sufficiency Program for Section 8 residents to reach their goals of productive independence. Be it therefore resolved the City of Denton agrees to: Name of Ag~noy · Continue to provide supportive services to DHA residents · Accept appropriate referrals · Assist in monitoring/evaluating FSS/COL participant sen, ices;, and, * Assist the Self Sufficiency Program Coordinating Committee (PCC) in non- duplication of services The City of Denton' Resolves as well, to be an active member Name of Ag~ey of the Self Sufficiency Program Coordinating Committee on a volunteer basis. This agreement is valid from I'~A/~/~o4 through ~-/~_/I/ 2VO~' ', - not to exceed a five (5) year p~riod, tThis Agreement may be terminated by either party with a thirty (30) day written notice. Admi,i~imtor (please llrinO - Title Signature Dat~ Authorized Staff(plea~prinI) - / ~ - Signature - ,r/~j EXHIBIT A 1. Computer training classes on the Intemet and' electronic databases 2. Books, audio visual materials and other resources available for check out 3. Information and reference assistance RESOLUTION S:\Our Doc un)ent s'~Resolu tions\O4'~Nelson Children's Center bonds.dec RESOLUTION NO. 4~7t~7/-~'~' 7 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE FINANCING BY THE HFDC OF CENTRAL TEXAS, INC. OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF DENTON, TEXAS; PROVIDING AN EFFECTIVE DATE. WHERAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act"), authorizes and empowers HFCD of Central Texas, Inc. (the "Issuer") to issue revenue bonds on behalf of the City of Hubbard, Texas (the "Issuing Unit") to finance and refinance the costs of health facilities found by the Board of Directors of the Issuer to be required, necessary or convenient for health care, research and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Lutheran Social Services of the South, Inc. (the "User"), a nonprofit Texas corporation, proposes to obtain financing and refinancing from the Issuer from a portion of the proceeds of the Issuer's bonds issued pursuant to the Act for costs of certain health facilities consisting of a 65 bed residential treatment facility known as the Nelson Children's Treatment Center, for emotionally disturbed children and adolescents located at 4601 Interstate 35 North, Denton, Texas 76207 (the "Project"); and WHEREAS, the Project will be located within the City of Denton, Texas (the "City") and outside the limits of Issuing Unit; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986 (the "Code") requires that the consent of a governmental unit in which the Project is located be obtained prior to the use of bond proceeds to finance and refinance the Project; and WHEREAS, a public hearing was held by a heating officer of the Issuer at the Project at 9:00 a.m. on Wednesday, July 21, 2004 and the City of Denton received a copy of the minutes of the public hearing; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1: The preambles of this resolution are incorporated herein and made a part hereof for all purposes. SECTION 2: The City hereby consents to and approves the financing for the purposes of Section 147(f) on the Internal Revenue Code of 1986, provided that the City shall have no liability in connection with the financing of the Project and shall not be required to take any further action with respect thereto. SECTION 3: The City Secretary is authorized and directed to deliver executed copies of this Resolution to the President of the Board of Directors of the Corporation for use in connection with the issuance of the aforementioned Bonds. SECTION 4: This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~,.~:lay of ~F__~ L~'~/'- EULINE BROCK, MAYOR ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 RESOLUTION S:\Our Documents\Resolutions\04\eip committee.doc A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life for the community by providing for the necessary infrastructure, improvements, and services to adequately serve the community; and WHEREAS, the City Council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital improvements plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. A Special Citizens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION 2. The Special Citizens Advisory Committee shall be composed of fifty (50) persons of the community appointed by the Council, seven (7) appointments per councilmember and one chairperson appointed by the entire Council. The Committee shall perform its functions in accordance with the intent of this resolution :as directed by the Council. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~.~,Y_~day-- of ~Ef//2J.Z~., ,2004. L/ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO'~ED AS TO LEG~L FORM: HERBERT L. UTY ITY ATTORNEY BY: i~~ RESOLUTION S:\Our Documents~q. esolutions~04\tax public hearing.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 7, 2004 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2004 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON AUGUST 24, 2004; 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 consider adopting a tax rate of $0.57765 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 consider adopting a tax rate for the 2004 tax year of $0.57765 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 7, 2004 City Council public meeting agenda to vote on a proposed tax rate of $0.57765 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 24, 2004 at 6:30 p.m. The public hearing 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 are hereby directed to publish said notice in accordance with this resolution and in accordance with Tex. Tax Code §26.06. At the public heating, 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 l0th day of August, 2004, 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 7, 2004 City Council agenda. S:\Our DocumentshResolutions\04\tax public hearing.doc PASSED ANDAPPROVEDthisthe /~/~ dayof ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Councilmember Euline Brock, Mayor Pete Kamp Perry McNeill, Mayor Pro Tem Bob Montgomery Joe Mulroy Jack Thomson Raymond Redmon Voted For Voted Against 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 6.8 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depend'rog 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 24, 2004, 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. Average residence homestead value Last Year This Year $117,730 $120,498 General exemptions available (mount available on the average homestead, not including senior citizen's or disabled person's exemptions) $5,00O $5,0OO Average taxable value $112,730 $115,498 Tax Rate .54815/$100 .57765/$100 Tax $617.92 $667.17 Under this proposal, taxes on the average homestead would increase by $49.25 or 7.9 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $2.95g per $100 of taxable value or 5.3 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. RESOLUTION S:\Our Documentsh°-esolutions~04\tax public hearing.doe RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 21, 2004 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2004 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR 103 PERCENT OF THE EFFECTIVE TAX RATE; CALLING A PUBLIC HEARING ON A TAX INCREASE TO BE HELD ON SEPTEMBER 7, 2004; 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 consider adopting a tax rate of $0.59815 per $100 valuation, which will exceed the lower of the rollback rate or 103 pement 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 I. The City Council desires to consider adopting a tax rate for the 2004 tax year of $0.59815 per $100 per valuation that will exceed the lower of the rollback rate or 103 pement of the effective tax rate. SECTION 2. The City Council hereby approves the placement of an item on the September 21, 2004 City Council public meeting agenda to vote on a proposed tax rate of $0.59815 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 September 7, 2004 at 6:30 p.m. The pubhc hearing 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 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 24th day of August, 2004, 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 21, 2004 City Council agenda. S:\Our Documents~Resolutions\04\tax public hearing.doc PASSED AND APPROVED this the ~]t/t[~/~day of ,2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Councilmember Euline Brock, Mayor Pete Kamp Perry McNeill, Mayor Pro Tem Bob Montgomery Joe Mulroy Jack Thomson Raymond Redmon Voted For Voted Against 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 10.6 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 September 7, 2004, 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: Mayor Brock and Mayor Pro Tem McNeill, Council Members: Montgomery, Mulroy, Thomson, Kamp, Redmon 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 $117,730 General exemptions available (amount available on the average homestead, not including senior citizen' s or disabled person' s exemptions) $120,498 $5,000 $5,000 Average taxable value $112,730 $115,498 Tax Rate .54815/$100 .59815/$100 Tax $617.92 $690.85 Under this proposal, taxes on the average homestead would increase by $72.93 or 11.8 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by 5~ per $100 of taxable value or 9.1 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. RESOLUTION A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Mr. Governor Jackson - Place 2 and Mr. Dan Tonn - Place 4 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Mr. Governor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2004 and continuing through September 30, 2006. SECTION 2. That Mr. Dan Tonn is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2004 and continuing through September 30, 2006. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APeROVED this the 7~g5~ dayof ~/~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION 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 21, 2004; 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 24, 2004, the City Council voted to place a proposal on the September 21, 2004 City Council regular meeting to adopt a proposed tax rate of $0.59815 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 September 7, 2004 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 hearing was held on September 7, 2004 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 21, 2004, 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 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. SE__C_TION 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 7th day of September, 2004, 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 21, 2004 City Council agenda. PASSED AND APPROVED this the ~t~ day of C~to~ ~/'?l~/ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CiTY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Councilmember Euline Brock, Mayor Pete Kamp Perry McNeill, Mayor Pro Tem Bob Montgomery Joe Mulroy Jack Thomson Raymond Redmon Voted For Voted Against Page 2 Notice Of Vote on Tax Rate The City of Denton, Texas conducted a public hearing on a proposal to increase the total tax revenues of the City of Denton, Texas from properties on the tax roll in the preceding year by 10.6 percent on September 7, 2004 at 6:30 p.m.. The City Council of the City of Denton, Texas is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 21, 2004, 6:30 p.m. at the City Council Chambers at City Hall located at 215 E. McKinney, Denton, Texas 76201 RESOLUTION A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION THAT AUTOMATICALLY REMOVES THE AD VALOREM TAX EXEMPTION OR REDUCES THE AD VALOREM TAX EXEMPTION TO THE RATIO OF STUDENT OCCUPATION FOR HIGHER EDUCATION AUTHORITIES; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the Texas Mtmicipal League will hold its annual conference on October 27-29, 2004 in Corpus Christi, Texas; and WltEREAS, Chapter 53 of the Texas Education Code allows cities to create Higher Educational Authorities or nonprofit corporations acting on their behalf to acquire educational facilities or housing facilities for students; and WHEREAS, these housing facilities are often apartment complexes that receive an ad valorem tax exemption and may not have any students living in the apartments; and WHEREAS, local taxing entities are thereby deprived of needed property tax revenues; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support legislation that automatically removes the ad valorem tax exemption or reduces the ad valorem tax exemption to the ratio of student occupation for housing facilities of Higher Education Authorities. SECTION 2. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 7¢//., day of EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION FOR A METHOD OF ROAD ASSESSMENT DAMAGES OR INCREASED FEES PAID BY HEAVY TRUCKS IN USING CITY, COUNTY OR STATE ROADS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 27 - 29, in Corpus Cbaisti, Texas; and WHEREAS, the cities in North Texas are experiencing a tremendous amount of road damage as a result of gas well drilling in the Barnett Shale; and WHEREAS, legislation is needed that provides for a method of road assessment damages or increased fees paid by heavy trucks in using city, county or state roads; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support legislation that provides for a method of road assessment damages or increased fees paid by heavy trucks in using city, county or state roads. 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 APeROVED this the 7-~t~ dayof ~f-~/~7g,~ 2004. / EULINE BROCK, MAYOR ATTEST: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION FOR FUNDING OPTIONS, INCLUDING FUNDING FOR MAINTENANCE AND OPERATION, OF CITY OWNED OR CITY/PUBLIC PRIVATE PARTNERSHIPS FOR CONVENTION CENTERS, INCLUDING HOTELS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League will hold its annual conference on October 27 - 29, in Corpus Christi, Texas; and WHEREAS, convention center funding is necessary for the construction, maintenance and operation of convention centers, including hotels; and WHEREAS, state legislation is needed for funding options, including funding for maintenance and operation, of city owned or city/private partnerships for convention centers and convention center hotels; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council requests that the Texas Municipal League support legislation for funding options, including funding for maintenance and operation, of city owned or city/private partnerships for convention centers, including convention center hotels. 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 ~TL~//~ day of EULINE BROCK, MAYOR J~II~R W ALTERS, CIyY SECRET ARY APPRdVED A~TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REQUESTING THE TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION THAT REPEALS SECTION 430.003 OF THE TEXAS LOCAL GOVERNMENT CODE, THE DRAINAGE EXEMPTION FOR STATE ENTITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2003 regular session, the legislature enacted legislation that exempts state properties and public institutions of higher education from paying municipal storm water utility fees; and WHEREAS, these state properties and public institutions of higher education benefit from the flood prevention and storm water control provided by storm water utilities, and to continue to exempt them would cause other private and public entities to seek exemptions from municipal dr£mage fees; and WHEREAS, these state properties and public institutions of higher education should pay their proportional 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 support legislation repealing Section 430.003 of the Texas Local Government Code, the state properties and public institutions of higher education exemption 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. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the '7~J~ ,2004. ATTEST: JEN~IIrtER WALTER. S,~ITY SECRETARY APP~VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EUL1NEBROCK, MAYOR RESOLUTION S:\Our DocumentskResolutions\04kFuego Y Alma alcohol sell.doc RESOLUTION NO. 45a~ ffff 4- A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON OCTOBER 9, 2004, 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 Senior Center 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, Roy Metzler, doing business as Metzler's Food and Beverage (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on October 9, 2004; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's 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. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 9, 2004 at the Civic Center Park and Senior Center upon the following conditions: They shall be responsible for rental of any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/~'~-f' day of~, 2004. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APP ED AS TO LEGAL FORM: HERBERT L. BY: 'Y, ~ Y ATTORNEY CIVIC CENTER PARK AGREEMENT FOR THE FUEGO Y ALMA CELEBRATION STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this ~/(/~ day of , 5~,~--"/'~" , 2004, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's"). W1TNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to Metzler's the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on October 9, 2004, to be held at the Civic Center Park and Senior Center. 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 2004. ARTICLE 2 SCOPE OF SERVICES Metzler's in order to exemise the privilege to sell alcoholic beverages must perform the following: Metzler's shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Fuego Y Alma Celebration. Metzler's shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. Metzler's 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. Metzler's failure to do any of the above and to show proper proof of compliance shall waive their right to exemise the privilege of selling alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 3 LOCAL RULES AND REGULATION Metzler's agrees to abide by all municipal, county, state and federal laws, ordinances, roles and regulations and specifically, without limitation, the Denton Civic Center Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. Metzler's shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. Metzler's will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Fuego Y Alma Celebration. ARTICLE 4 INDEMNITY AGREEMENT Metzler's shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all 1 iability, 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 t~om the negligent acts or omissions of Metzler's or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE $ INSURANCE During the performance of the Agreement, Metzler's shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate 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. Metzler's shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and Metzler's. In such event, Fuego Y Alma Celebration Agreement - Page 2 Metzler's shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed 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 commtmicated as of three (3) days' mailing: To Metzler's: To CITY: Metzler's: Roy Metzler 628 Londonderry Lane Denton, Texas 76201 C1TY 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 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. ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, Metzler's shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Fuego Y Alma Celebration Agreement - Page 3 ARTICLE 10 PERSONNEL Metzler's represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY Metzler's 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 MODI~CATION 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 follo ~w!,n,g 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. 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 Metzler's )as executed this Agreement through its duly authorized undersigned officer on this the ~,/9~ day of ~.~d~z(~ ~/~ , 2004. CITY OF DENTON, TEXAS ~MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY WITNESS: Metzler's Food and Beverage sRo°lYe plrdr;;~;rt~ BY: Fuego Y Alma Celebration Agreement - Page 5 Exhibit A S:\Our DocumentskKesolutions\04kFuego Y Alma alcohol sell.doc A RESOLUTION ALLOWING MBTZLBR'S FOOD AND BEVERAGE TO BB THE SOLE PARTIC]PANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUBGO Y ALMA ON OCTOBER 9, 2004, UPON CERTAIN CONDITIONS; AUTHOP, JZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DAT~. WHEREAS, the City of Denton ("City") is the owner of the Civic Center Park and Senior Center 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, Roy Metzler, doing business as Metzler's Food and Beverage (called "Metzler's") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y Alma Celebration on October 9, 2004; and WHEREAS, the Parks and Recreation Board has recommended that Metzler's 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. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 9, 2004 at the Civic Center Park and Senior Center upon the following conditions: 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 from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00. Agrees to indenmify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. .SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. ,._ PASSED AND APPROVED this the ~/t ~ff~ day of~, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED X AS TO LEGAL FORM: RESOLUTION A RESOLUTION OF THE CITY COUNCIL O F THE CITY OF DENTON, TEXAS, STATING COMMITMENT TO THE CONTINUATION OF ADEQUATE FUNDING FOR IMPLEMENTATION AND SUPPORT OF THE CITY OF DENTON "ENVIRONMENTAL PROTECTION AGENCY AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY APPROVED P RETREATMENT PROGRAM PILOT PROJECT," AS MODIFIED UNDER PROJECT XL; AUTHORIZING THE EXECUTION BY THE CITY MANAGER OF DOCUMENTS PROVIDING FOR MODIFICATION OF SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Federal Regulations requires that publicly-owned treatment works have sufficient resoumes and qualified personnel to carry out the authority and procedures of the pretreatment program; and WHEREAS, the City of Denton TPDES Permit No. 10027-003 requires control of pollutants contributed by industries; and WHEREAS, the City Council of the City of Denton, Texas approved Ordinance No. 93-112 on June 15, 1993, which ordinance provided for an approved pretreatment program, which provided, among other things, control of pollutants, protection of the wastewater collection system and treatment facility, safety of workers, reduction of the levels of toxic pollutants in wastewater discharges from the publicly-owned treatment works to the receiving system, and other provisions; and WHEREAS, Staff proposes in the Pilot Pretreatment Program under Project XL that the Council of the City of Denton approve this Resolution; to modify the previous agreement by decreasing the frequency of Industrial User inspections and sampling events, and which modification is deemed a "substantial modification" of the approved pretreatment program under 40 CFR 403.18; and WHEREAS, the City of Denton City Council acknowledges that it fully supports and is committed to continued funding of the City of Denton Pretreatment Program, Pilot Project XL, to meet the requirements of Federal regulations and the TPDES permit; and further the City Manager of the City of Denton, Texas is hereby authorized to execute documents providing for the modification of said project as provided hereinabove; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the recitals and recitations contained in the preamble to this Resolution are hereby adopted and incorporated by reference as if set forth more fully herein below. SECTION 2. That the City Council resolves to continue to fully support and is further committed to the continued funding of the City of Denton Pretreatment Program, Pilot Project XL, as modified, in order to meet the requirements of the Federal regulations and the applicable TPDES permit. SECTION 3. That the City Council hereby empowers the City Manager to execute and deliver any and all appropriate documents which are necessary and appropriate to effect the modification of the City of Denton Pretreatment Program, Pilot Project XL. SECTION 4. passage and approval. PASSED AND APPROVED this That this resolution shall become effective immediately upon its cfi/f day of ~2~, 2004. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTER~ CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SIGN AND SEND A LETTER ADDRESSED TO OFFICIALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY REQUESTING A PUBLIC MEETING ON THE APPLICATION OF SAFETY-KLEEN SYSTEMS, INC. FOR PERMIT RENEWAL AND AMENDMENT TO AUTHORIZE CONTINUED RECEIVING, STORAGE AND PROCESSING OF INDUSTRIAL AND MUNICIPAL HAZARDOUS AND NON-HAZARDOUS WASTES (TCEQ PERMIT NO. 50163); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Safety-Kleen Systems, Inc, 1722 Cooper Creek Road, City of Denton, Denton County, Texas 76208 has applied to the Texas Commission on Environmental Quality ("TCEQ") for a permit renewal and amendment to TCEQ Permit No. 50163 to authorize cont'mued receiving, storage and processing of industrial and municipal hazardous and non-hazardous wastes; and WHEREAS, this application also includes a revision to include a new "Container Storage Area No.5" and additional waste codes; and WHEREAS, the Executive Director of TCEQ has determined that the application is administratively complete, and will conduct a technical review of the application. Upon completion of this review, TCEQ will issue a Notice of Application and Preliminary Decision; and WHEREAS, citizens of the City of Denton, Texas have expressed an interest regarding the above-referenced proposed expansion and permit renewal; and WHEREAS, the City Council desires that all concerned citizens have an oppommity to submit comments and ask questions about the application; and WHEREAS, the City Council believes it is in the public interest to pass a resolution requesting that the TCEQ hold a public meeting regarding the renewal and amendment of TCEQ Permit No. 50163; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas on behalf of its citizens, wishes to request that a public meeting be held in Denton, Texas to provide an oppommity for its citizens to submit comments and to ask questions about the application of Safety-Kleen Systems, Inc. for renewal of and amendment to TCEQ Permit No. 50163. SECTION 2. That the Mayor of the City of Denton, Texas is hereby authorized by the City Council to write a letter expressing to the appropriate officials of the Texas Commission on Environmental Quality, the City Council's request for a public meeting on the above-referenced application. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thec~/~day of ~/)~-~7~t~, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our DocumentsXResolutions\04\Safety-Kleen Systems - TCEQ - Request for Public Meeting - 2004.doc RESOLUTION RESOLUTION NO./~f~-~.~ AN RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING PARTICIPATION IN AND COOPERATION WITH A COALITION OF CITIES WITHIN COSERV GAS LTD'S SYSTEM INCLUDING THE AUTHORITY TO HIRE LEGAL AND CONSULTING SERVICES AND THE AUTHORITY TO NEGOTIATE WITH THE COMPANY AND TO DIRECT ANY NECESSARY LITIGATION; AUTHORIZING THE HIRING OF DIVERSIFIED UTILITY CONSULTANTS, INC. TO INVESTIGATE AND TO RESPOND TO THE FILINGS OF COSERV GAS LTD.; AUTHORIZING INTERVENTION IN ANY PROCEEDINGS AT THE RAILROAD COMMISSION; SUSPENDING THE EFFECTIVE DATE OF COSERV GAS'S REQUESTED GAS RATE CHANGES AS SET FORTH IN THEIR STATEMENT OF INTENT FILED WITH THE CITY SECRETARY TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND ESTABLISH REASONABLE RATES; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about August 25, 2004, CoServ Gas, Ltd., hereinafter referred to as CoServ, filed with the City of Denton, Texas, ("City") a Statement of Intent to Increase Gas Rates in all municipalities within the CoServ distribution system; and WHEREAS, the rate request by CoServ is system-wide and complex requiring specialized expertise of experts who specialize in ratemaking proceed'rags initiated by public utilities; and WHEREAS, the City needs time to analyze and study the rate requests filed by CoServ; and WHEREAS, the Gas Utility Regulatory Act grants local regulating authorities the right to suspend the effective date of proposed rate changes; and WHEREAS, on a systemwide basis the CoServ rate request totals about $1,165,525 in annual increases in gas rates in 25 cities including the City of Denton; and WHEREAS, the Gas Utility Regulatory Act provides that municipalities shall be reimbursed for their reasonable rate case expenses by the regulated utility; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings before the Railroad Commission; and WHEREAS, the City Council believes it is reasonable for the City to cooperate with other cities in a review of CoServ's rate application and that the City should participate with other cities in such a coalition to coordinate the hiring and direction of legal counsel and consultants to negotiate with CoServ and direct any necessary litigation on behalf of the coalition of cities; and WHEREAS, the City Council believes it should also hire Diversified Utility Consultants, Inc., qualified experts in gas rate requests who have represented the City in previous gas rate change requests and who are being selected solely on the basis of their professional qualifications and expertise, in order to investigate and analyze this gas rate request on behalf of the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the findings set out in the preamble to this Resolution are hereby in all things approved and adopted. SECTION 2. The effective date of the tariff changes submitted by CoServ on or about August 25, 2004 with the City are hereby suspended for ninety days from the originally scheduled effective date of October 1, 2004 and for such additional time as the parties may agree upon in order to permit adequate time for the proper review of the CoServ Statement of Intent to Increase Gas Rates and to establish reasonable rates. SECTION 3. The City is authorized to cooperate with other cities in a coalition of cities and authorizes the Steering Committee of the coalition to hire, direct, and guide the lawyers and consultants who are representing said coalition of cities, to negotiate with CoServ, make recommendations to the City regarding reasonable rates and to direct any necessary litigation and administrative proceedings associated with an appeal of a rate ordinance. SECTION 4. The City Council approves the employment of Diversified Utility Consultants, Inc. to represent the City with regard to the CoServ's Statement of Intent filed with the City and authorizes the City Manager to execute a consultant contract with Diversified Utility Consultants, Inc. to analyze and investigate CoServ's gas rate request and to enter into a Non- Disclosure Agreement regarding confidential material with CoServ after the contract is drafted and approved as to form by the City Attorney. SECTION 5. The City, in coordination with the coalition of cities, shall review the invoices of its consultants for reasonableness before submitting such invoices for reimbursement pursuant to Section 103.022 of the Gas Utihty Regulatory Act. SECTION 6. That the City's reasonable rate case expenses shall be reimbursed by CoServ. SECTION 7. That the City is authorized to intervene in any appeal at the Railroad Commission regarding CoServ's rate case filed on or about August 25, 2004. SECTION 8. That the City Secretary is directed to send a true and correct copy of this Resolution to Charles D. Harrell, Chief Financial Officer, CoServ Gas, Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842. Page 2 of 3 SECTION 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. 2004. SECTION 10. This Resolution shall be effective immediately upon passage. PASSED AND APPROVED this the :,~ / ~.~.._Z'-. day of EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B Xx~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 of 3 PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES REGARDING COSERV GAS STATEMENT OF INTENT TO INCREASE GAS RATES STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 21st day of September, 2004, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKirmey Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Diversified Utility Consultants, Inc., with its corporate office at 12113 Roxie Drive, Suite 110, Austin, Texas 78729, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, investigation, examination, and analysis of CoServ Gas, Ltd.'s (CoServ) Statement of Intent to Increase Gas Rates in the City of Denton, Texas (Statement of Intent) dated August 25, 2004. ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: The CONSULTANT shall perform all those services as necessary and as described in the CONSULTANT's proposal of September 14, 2004 with CONSULTANT's cost proposal, which is attached hereto as Exhibit "A" to review, investigate, analyze and examine CoServ's Statement of Intent. CONSULTANT shall perform all those services set forth in individual task orders, if any, which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. CONSULTANT will consult with and submit a preliminary report to the Assistant City Manager for Fiscal & Municipal Services, City Attorney, and their staffs. CONSULTANT shall attend one City Council meeting - the meet'mg at which the Council makes a decision on CoServ Gas rate request. CONSULTANT shall not have to attend additional Council meetings unless additional consultant fees to cover the cost of its services are added to the maximum compensation set forth in Article 5. CONSULTANT shall provide a final report indicating its recommendations and shall provide ten copies of its report to OWNER. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: Attending additional City Council meetings or appearing before regulatory agencies or courts as an expert witness in any litigation, including, without limitation, testimony in rate proceedings before the Texas Railroad Commission, the Public Utilities Commission, or other state and federal agencies. Any other additional services specifically requested by the OWNER not included with'm the scope of this Agreement and its exhibits. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, includ'mg Additional Services, if any, and any required extensions approved by the OWNER, provided however, the Project shall be completed within 60 days of the date of the notice to proceed, unless an extension of time is granted by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER in Exhibit "A", acting through its City Manager or his designee. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. Page 2 "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, commurdcations, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "B", from CONSULTANT to OWNER and attached manpower and cost requirements to provide an investigation of CoServ's gas rate request on behalf of OWNER, a total fee, including reimbursement for direct non-labor expenses not to exceed $20,000.00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Fiscal & Municipal Services and its City Attorney or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the fmal five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to mak~ any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article 3 "Additional Services," without obtaining prior written authorization from the OWNER. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 3, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "A". Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within 60 days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and, in addition, the CONSULTANT may, after giving seven days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts Page 3 due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, "Compensation." ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released fi.om any and all liability relating to their use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising fi.om employee status. ARTICLE 9 INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting fi.om the negligent acts or omissions of the CONSULTANT or its 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 Page 4 Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During thc performance of thc services under this Agreement, CONSULTANT 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: Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. The CONSULTANT~ shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the~ same coverage. ARTICLE 11 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 12 TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may tertr/mate by giving 30 days' advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than 30 calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within 30 days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily Page 5 performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of tem~ination, but may maintain copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 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 days' mailing: To CONSULTANT: To OWNER: Dan Lawton Diversified Utility Consultants, Inc. 12113 Roxie Drive, Suite 110 Austin, Texas 78729 City of Denton Herbert L. Prouty, City Attorney 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days' mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement, consisting of ten pages and two 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 16 SEVERABILITY Page 6 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 enfomeable provision which comes as close as possible to expressing the intention &the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL The CONSULTANT 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 OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY The CONSULTANT 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 OWNER. ARTICLE 21 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 P~e7 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 22 MISCELLANEOUS The following Exhibits are attached to and made a part of this Agreement: Exhibit A - CONSULTANT's Proposal Letter of September 14, 2004 and Exhibit B - CONSULTANT's Manpower and Cost Requirements. CONSULTANT agrees that OWNER shall, until the expiration of three years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. 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. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Jack Pous, Dan Lawton, Ruth Runyon Wenzel, and Sara Coleman. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. 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. Page 8 1N WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the 21st day of September, 2004. CITY OF DENTON, TEXAS CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY DIVErSiFIED UTI~,~Y CONSULTANTS, WITNESS: BY: Page 9 Exhibit A DIVERSIFIED UTILITY ©O1WSULTANTS, INC. September 14, 2004 Herbert L. Prouty City Altomey City of Denton 215 East McKinney Street Denton, Texas 76201 RE: Cost Proposal to PerformAnalysis on CoServ's Proposed Rate lnerease Dear Mr. ?rouX3': Diversified Utilit7 Consultants, Inc. ("DUCI") is pleased to Submit this proposal to perform an analysis on behalf of the City of Denton ("City") in CoServ's ("Company")proposed rate request that was filed on or about August 25, 2004. DUCI is a Texas Corporation located in Austin, Texas, with an international client base. The principals of DUCI, Messrs. Pous and Lawtou, have over fifty (50) years of utility late and regulation experience between them. In particular, Messrs. Pons and Lawton have testified and/or made formal presentations before federal, state, municipal and provincial regulatory bodies, ILEA Cooperative Beards and U.S. Environmental Protection Agency review boards on all aspects of utility cost of service, ratemaking, and rate design. DUCI is well qualified to represent the CRy in its review of CoServ's proposed rate increase. Mr. Lawton assisted the City in the review of CoServ's initial rate setting procedure in 1999 and has worked with the City in numerous other proceedings. It is DUCI's understanding that the City anticipates a thorough analysis of CoServ's proposed increase. DUCI has reviewed the Company's Statement of Intent. For the City of Denton, CoServ is proposing an overall rate increase o£ 20% when cost of gas is considered. Keeping in mind that this is a base rate case and all that is being reviewed are Company expenses excluding gas costs, then the base rate increase is the most important measure of the Company's request. The Company has proposed a base rate increase of over 74% for the customers in the City. This is a significant increase that needs to be analyzed thoroughly. The analysis would consist of a review of the Company's proposed expenses, adjusted revenues, allocations among electric and gas, and cost of capital issues. DUCI will review whether the revenue and. expense levels proposed by the Company are reasonable and all known and measurable adjustments have been correctly made. The review of revenues and expenses will include analysis of each Company adjustment to the test year actual revenues and will consider whether all proper adjustments have been made. As it relates to the Company's capital structure and cost of capital (debt, preferred and common equity), it is DUCrs intent to perform a detailed ~alysis of the Company's current and projected capital structure and current and estimated capital cost rates. This analysis will inehide evaluation of the components of capital and the reasonableness of each item with a concentration on financing plans, and non-utility activities. This analysis will result in an overall cost of capital recommendation and will quantify its impact or~ the Company's cost of capital and operating ratios. DUCI will analyze the actual filing, attend meetings with the Company, and will issue data requests to determine the cost based revenue requirement. This will determine if CoServ's assumptions are reasonable and in compliance with RCT roles. DUCI will develop its reconu~aenfled revenue requirement and submit a report to the City of its findings. Based on our understanding of the City's request, DUC][ has set forth a not to exceed price of $20,000 to complete the review of CoServ's proposed revenue requirement. This price includes out~ of-pocket expe~lses. We would like to thank you for allowing DUCI to submit this proposal. We are prepared to commence work on this project iramediately upon selection, and would complete the project in a timely and efficient manner. Should you have any questions with regard to this proposal or ether matters, please feel free to contact Daniel Lawton and Sara Coleman at (512) 257-2600. Sincerely, Diversified Utility Consultants, Inc. ii Exhibit B MANPOWER AND COST REQUIREMENTS TO PROVIDE REVIEW OF COSERVE RATE FILING ON BEHALF OF THE CITY OF DENTON CHARGE Daniel LawtDn Sara Coleman TOTALLABOR HOURLY ]~O_URB ~ C~IN~GES 41 $175 $7,175 1 O0 $t 25 $12,500 141 T.~O~TAL $19,675 EXPENSE REQUIRF.~EN[ CHARGE Printing & Copying Computer Postage 8, Delivery Phone Transportation Hotel & Meats Air *['ravel TOTALEXPENSE GRAND ToTAL $79 $0 $30 $20 $196 $0 $0 RESOLUTION A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2004 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2004 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 2004 CDBG, HOME and program income funding in the approximate amount of $1,785,580; and WHEREAS, the City of Denton wishes to revise its' public services allocation schedule that includes $153,835 in 2004 CDBG funding, 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 2004 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 revise the public services allocation schedule, which is attached hereto. 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 day of . EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Amendment to the 2004Action Plan for Housing and Community Development This is a proposed amendment to the City of Denton's 2004 Action Plan for Housing and Community Development submitted to the U. S. Department of Housing and Urban Development on May 19, 2004. The City of Denton proposes to revise its Public Services funding schedule. One agency, Denton City County Day School, that was not previously funded, will be funded. Other funding amounts will be reduced. Below is a chart of agencies and the revised funding amounts included in this proposed amendment. Agency Revised Service Location Allocation AIDS Services of North TX $12,480 Nutrition Pro~ram 121 Piner, Denton After School Action Site (COD) $8,300 Childcare/Youth Prog Various locations King's Kids Day Kamp (COD) $10,000 Childcare/Youth Prog 1300 Wilson, Denton Owsley Summer Playground (COD) $11,000 Childeare/Youth Prog Owsley Addition, Denton Denton City County Day School $35,640 Childeare 1603 Paisley, Denton Family Health Care $26,000 Indigent Health Care 1104 Dallas Dr, Denton HOPE, Inc. $24,180 Transitional Housing 117 W Sycamore, Denton Interfaith Ministries $14,235 Emergency Assistance 109 W Sycamore, Denton Salvation Army $15,000 Emergency Assistance 1508 E McKinney,Denton Any comments regarding the proposed amendment or 2004 Action Plan activities should be directed to the Community Development, City of Denton, 101 S. Locust Street, Suite 500, Denton TX 76201, 940-349-7726 Comments must be received on or before October 23, 2004. www. citvofdenton.com ADA/EOE/ADEA (To be published in the body of the paper on Monday, September 20, 2004. Account # 14035. Please call Barbara Ross at 349-7235 with any questions.) RESOLUI'ION Si\Our Documents'dtesolutions~04kreimbursement r~solution - vehicles.doc RESOLUTION NO. /~7r~[4-/~:~ / A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE MOTOR POOL FUND WITH CERTIFICATES OF OBLIGATION SO THAT VEHICLES APPROVED IN THE 2004-05 BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE PURCHASED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the purchase of vehicles for various City departments referred to as vehicle purchases which were previously approved in the 2004-05 Budget and are more fully described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal mount equal to $1,500,000 for the purpose of paying the costs of vehicles, as set forth in the attached Attachment "A" which is made a part of this resolution for all purposes. SECTION 2. That all costs to be reimbursed pursuant hereto will be for purchase of vehicles. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of(l) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended fi~om the Motor Pool Fund for the vehicles set forth in Attachment "A" to pay any costs of the vehicles shall be reimbursed from Certificate of Obligation bond proceeds within the 2004-05 fiscal year. SECTION 3. That the foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~r~ ~/¢ dayof ¢,~ff~~,] ,2004. S:\Our DocumcntshResolutions~04~reimbursemcnt resolution - vehicles.doc EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Attachment A 2004-05 Motor Pool Fund Vehicles $1,500,000 The 2004-05 budget approved by Council included the issuance of Certificates of Obligation to purchase vehicles for new police officers and replacement vehicles for Parks Maintenance, Fire, Streets, Traffic, and Police Departments. RESOLUTION S:\Our DocumentskResolutions\04~Appraisal Review Board 2004.doc 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, 2004; 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 David Riley and Georqe Gibson Board of the Denton Central Appraisal District. Denton, Texas, hereby nominates as members to the Appraisal Review SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~- day of C//~/~FAr//L~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~