Loading...
HomeMy WebLinkAboutResolutions R2005-001 to R2005-054 RESOLUTION RESOLUTION NO. {AtJ()5-¡)() I A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53.47 of the Texas Education Code, as amended, for and on their behalf; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, and additional funds are now needed to continue the program; WHEREAS, the Authority requests that the City approve the Authority's issuance of bonds, to be issued in one or more series, as needed, to augment the Authority's student loan program; WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver (1) taxable student loan revenue bonds or other obligations, in one or more series in an amount not to exceed $75,000,000, during the first quarter of calendar year 2005, and (2) student loan revenue bonds or other obligations, in one or more series in an amount not to exceed $108,000,000 during the first quarter of calendar year 2005, utilizing a 2004 Private Activity Bond Carryforward and a 2005 Private Activity Bond Allocation. The bonds or other obligations are to be issued for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, refunding outstanding obligations of the Authority, setting aside the amount the Authority determines is necessary for a reserve and for operating costs, and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53, Texas Education Code. SECTION 2. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53.47, Texas Education Code, as amended, and 45375850.4 that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53.47(e), (f) and (g), Texas Education Code, as amended. SECTION 3. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 4. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will payor provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 5. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 6. passage and approval. This resolution shall become effective immediately upon its [Remainder of This Page Intentionally Left Blank] 45375850.4 2 PASSED AND APPROVED this the ~ day of C)f1J11ÜjA~ ~ (Q )}? r tLJI t' EUL BROCK, MAYOR ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~lJI) tl-QAV APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY 'fUJII~ 45375850.4 CERTIFICATE OF SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, Secretary of the City of Denton, Texas do hereby certifY the following: 1. On the JfJlflJ.... day of fìf!lj.iJ~ ,2005, the City Council of the City of Denton, Texas convened in regular session its regular eetmg place m CIty Hall. wIth the duly constituted members of the City Council being as follows: Euline Brock Raymond Redmon Pete Kamp Jack Thomson Perry McNeil Bob Montgomery Joe Mulroy Mayor Council Member, District 1 Council Member, District 2 Council Member, District 3 Council Member, District 4 and Mayor Pro Tem Council Member, At Large Place 5 Council Member, At Large Place 6 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH was introduced and submitted to the Council for approval and assage. After presentation and due consideratio 0 the resolution, and upon a motion by . seconded by , the resolution was duly passe City Council, to be effective immediately, by the following vote: ~ voted "For" ~ voted "Against" d adopted by the ~ abstained all as stated in the official Minutes ofthe City Council for the meeting held on the aforesaid date. 2. The attached resolution is a true and correct copy of the original resolution on file in the official records of the City of Denton, Texas. The duly qualified and acting members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council 45375850.4 meeting are those persons above named; and according to the records of my office, each member of the City Council was given advance notice of the time, place and purpose of the meeting, and that said meeting and deliberation of the aforesaid public business was open to the public, and written notice of said meeting, including the subject of the entitled resolution, was posted and given in advance thereof, in compliance with the provisions of Chapter 551, Texas Government Code. IN WITNESS THEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the //{¡fj[ day of r¡;/l/L{)AJ~ ,2005. (Seal) 45375850.4 2 RESOLUTION S:\Our DocumentslResolutions\O5\Denton Final Legislative Program 79th session.DOC RESOLUTION No.!frJ,OO5-¿;O;2. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON'S 2005 STATE LEGISLATIVE PROGRAM FOR THE 79TH TEXAS LEGISLATURE; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 79th Texas Legislature will commence on January 11, 2005; and WHEREAS, public school finance issues, general government, and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its legislation program for the 79th Texas Legislature, attached as Exhibit "A", NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton's 2005 Legislative Program for the 79th Texas Legislation is adopted as set forth in Exhibit "A", incorporated herein and made a part of this resolution for all purposes. SECTION 2. That the Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the state legislative program to members of the Texas Legislature. SECTION 3. The City Attorney, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City Council and City staff and through other appropriate means. SECTION 4. That the Mayor, City Manager and the City Attorney, or their designees are directed to communicate to the members of the Texas Legislature and actively oppose any legislation which diminishes the City of Denton's home-rule authority or has a negative impact on the City of Denton's governmental authority and City of Denton's ability to provide services to its citizens. SECTION 5. That all previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 6. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. S:IOur DocumentslResolutionsl05IDenton Final Legislative Program 79th session.DOC PASSED AND APPROVED this the /ØM day of (1zv7./LrJA~ t- ~ß~;:YjJJ ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY By~.,t (j!nl¿.; .) APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ çG~ Page 2 of2 "Exhibit A" City of Denton 2005 State Lee:islative Proe:ram State of Texas 79th Legislative Session As approved by the Denton City Council January 18,2005 TABLE OF CONTENTS City of Denton Mayor and Council Contact Information 3 City Manager, City Attorney and City Staff Contact Information 4 Denton's Hil!hest Lel!islative Priority . Continue to urge the Texas Legislature not to adopt school finance reforms or tax changes that would negatively affect city revenues and economic development efforts 6 Erosion of Local Control over City Ril!hts-of-Wav . Support TML in "seeking introduction and passage" of legislation that would require utilities in city rights-of-way to relocate at their cost for city construction projects and to impose fmanciaI penalties on utilities that fail to relocate. 8 . Support TML in "seeking introduction and passage" of legislation that would limit the Public Utility Commission's (pDC) jurisdiction to ratemaking. 8 Tax and Finance Issues Oppose State initiatives that restrict a city's ability to fund necessary local services. . Oppose legislation that would reduce the current 10 % appraisal growth cap or impose revenue caps of any type. 8 . Oppose legislation that imposes a property tax freeze that can bè implemented by any mechanism other than council action. 9 State Fees/Agreements in Lieu of Fees . Support legislation that repeals the drainage fee exemption for state entities. . Support legislation related to the cost of city infrastructure, fire and police services. 9 9 Rel!ional Transportation . Support legislation that would permit cities to exceed the two-percent local sales tax cap for regional transportation revenue purposes. 9 TML Resolutions proposed bv the City of Denton . Support legislation that would provide for a method of road assessment damages or increased fees paid by heavy trucks in using city, county or state roads. 10 . Support legislation that would provide for fundiug options for maintenance and operation of city-owned or city/private partnersbips for convention centers, including hotels. . Support legislation tbat would automatically remove the ad valorem tax exemption, for Higher Education Authorities, or reduces the ad valorem tax exemption to the ratio of student occupation. 10 10 Retain Local Control over Development Issues and Fees . Oppose legislation that would erode city annexation authority. . Oppose legislation that would erode city authority in the extraterritorial jurisdiction over annexation and special districts. 11 . Oppose legislation that will reduce or eliminate development fees, exactions or building permits. 11 11 City orÐenton 2005 State Legislative Program January 18, 2005 Page I Table of Contents œal!e Two) Red Lil!ht Lel!islation . Oppose legislation that would restrict a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for running the light. 12 Workers' Compensation Reforms . Support reform of workers' compensation law to control or reduce health care costs without putting injured employees at risk, including legislation that would create health care networks, improve back-to-work programs and establish other cost-reducing programs or procedures suggested by the Sunset Commission. 12 Financial Disclosure Requirements . Oppose the expansion of financial disclosure requirements beyond current law. 13 Uniform Election Dates . Oppose any changes to or elimination of uniform election dates. 13 Support Leeislation that directlv benefits University of North Texas and Texas Woman's University . Support full funding formulas for state universities and improved public education programs to to promote more college graduates. 13 Support Lel!islation that directly benefits Denton ISD . Support increasing state funding for children with special needs, increasing the fiscal capacity of tbe school finance system and adding a factor to school funding for exempt state and federal property. 13 City of Denton 2005 State Legislative Program January 18, 2005 Page 2 City of Denton City Council Members Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201 Voice Mail for all of Council - 940-349-8555 Mayor Euline Brock 1900 Westridge Denton, TX 76205 E-mail: euline.brock@citvofdenton.com Office: 940-349-7717 Home: 940-382-2436 Cell: 940-391-4940 Fax: 940-381-0106 Council Member - District 1 Raymond Redmon 1029 E. Hickory Denton, TX 76205 E-mail: raymond.redmon@citvofdenton.com Office & Home: 940-323-2301 Cell: 940-390-9475 Fax: 940-323-2300 Council Member - District 2 Pete Kamp 110 Friar Tuck Circle Denton, TX 76209 E-mail: pete.kamp@cityofdenton.com Office: 940-591-0308 Home: 940-566-5557 Cell: 940-390-9485 Council Member - District 3 Jack Thomson 1401 Amherst Dr. Denton, TX 76201 E-mail: iack.thomson@citvofdenton.com Home: 940-382-5176 Cell: 940-390-2296 Mayor Pro Tern - District 4 Perry McNeill 1508 Gatewood Drive Denton, TX 76205 E-mail: perrY.mcneil1@cityofdenton.com Office: 940-565-2364 Home: 940-591-6080 Cell: 940-390-9463 Council Member - At Large Place 5 Bob Montgomery 2329 E. Windsor Denton, TX 76209 E-mail: bob.montgomery@cityofdenton.com Home: 940-891-0051 Cell: 940-391-6545 Pager: 940-380-5140 Council Member - At Large Place 6 Joe Mulroy 124 Hollyhill Denton, TX 76205 E-mail: ioe.mulroy@citvofdenton.com Cell: 940-391-0049 Home: 940-382-3396 City ofDenton 2005 State Legislative Program January 18,2005 Page 3 . City Manager, City Attorney and City Staff The Denton City Council and staff would be glad to provide infonnation, research issues and testify on the City of Denton 2005 Legislative Program. Municipal Offices: Michael A. Con duff City Manager (940) 349-8307 Kathy L. DuBose Assistant City Manager/Finance (940) 349-8228 Howard Martin Assistant City Manager/Utilities (940) 349-8232 Sharon Mays DirectorlElectric Utilities (940) 349-8487 City of Denton 215 E. McKinney Denton, Texas 76201 www.citvofdenton.com Herb Prouty City Attorney (940) 349-8333 Ed Snyder Deputy City Attorney (940) 349-8333 Jon Fortune Assistant City Manager/Public Safety and Transportation Operations (940) 349-8535 Betty Williams Director of Management and Public Infonnation (940) 349-8302 If you or your legislative staff needs assistance ftom Denton or has any questions, concerning Denton's legislative priorities, please contact: Dorothy Palumbo, Senior Assistant City Attorney/Legislative Coordinator (940) 348-8393, (940) 382-7923 FAX, or email: dorothv. pal umbo@citvofdenton.com. John Cabrales, Public Infonnation Officer (940) 349-8509, (940) 349-7444 FAX, or email: iohn.cabrales@citvofdenton.com City ofDenton 2005 State Legislative Program January 18.2005 Page 4 Denton's Le2:islative Priorities The City of Denton has adopted the following legislative issues as priority issues for the 79th Legislative Session. The City Council of the City of Denton has met in workshops, participated in legislative seminars and has received infonnation from city staff and various groups within the community to set these priorities. City ofDenton 2005 State Legislative Pmgmm January 18.2005 PageS Denton's Hie:hest Lee:islative Priority . Continue to urge the legislature not to adopt any school finance or tax system reforms that would negatively affect City revenues and economic development efforts. Background: The City of Denton during the 41h Special Session of the 78th Texas Legislature passed Resolution No. 2004-012 urging the Texas Legislature not to adopt any school finance reform or tax system changes that would negatively impact city revenues or economic development efforts. Bills have been introduced in the 79th Texas Legislature on this issue. The City of Denton continues to urge the legislature not to pass this legislation by adopting the following resolution: RESOLUTION NO. 2004-012 A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONTINUING TO URGE THE LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE REFORM OR TAX SYSTEM CHANGES THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 23, 2004, the City of Denton, Texas passed ResoIntion No. 2004-012 urging the Texas Legislature not to adopt any school finance reform or tax system chauges that would negatively affect city revenues and economic development efforts; WHEREAS, the Texas Legislature was called into a Fourth Special Session and failed to pass school finance reforms; and WHEREAS, during the special session by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes were 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, 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 ofthe state's population; and City ofDenton 2005 State Legislative Program January 18,2005 Page 6 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 to taxpayers' money; and WHEREAS, it is the City of Denton, Texas higbest priority to continue to urge the Texas Legislature not to adopt legislation to limit the ability of cities to collect sales and property tax revenues or to set tax rates tbat 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 will continue to oppose all school finance reforms or tax system changes by the Texas Legislature that negatively impact tbe 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. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 23rd day of March, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: City ofDenton 2005 State Legislative Program Page 7 January 18,2005 Erosion of Local Control over City Ri!!hts-of-Wav . Support TML in "seeking introduction and passage" of legislation that would require utilities in city rights-of-way to relocate at their cost for city construction projects and to impose financial penalties on utilities that fail to relocate. . Support TML in "seeking introduction and passage" of legislation that would limit the Public Utility Commission's (PUC) jurisdiction to ratemaking. Background: Historically, most utilities were required by franchises and state law to relocate their facilities at their cost when the relocation was required for a public work's project. Some utility companies are arguing that Chapter 283 of the Texas Local Government Code (H.B. 1777) altered state law. Denton has experienced delay in public work's projects due to this confusion and a clarification of state law IS necessary. There are no current federal or state laws that reduce the authority of cities to exercise police powers for the protection of the health, safety, and welfare of the public in connection with the use of city streets and rights-of way by telecommunication companies and other entities providing service. Cities may impose numerous kinds of regulation on entities that use the city's right of way. These regulations will withstand legal challenge because they are reasonably connected to protection of the health, safety, or welfare of the public. Denton opposes any new legislation that limits the ability of cities to control the right of way. Cities collect franchise fees as compensation for the use of the right of way. These fees reimburse the public for the use of the right of way. Denton opposes any legislation that limits cities' ability to collect franchise fees. TML has placed these issues in their highest category. Tax & Finance Issues Oppose State initiatives that restrict a city's ability to fund necessary local services. . Oppose legislation that would reduce the current 10 % appraisal growth cap or impose revenue caps of any type. Oty of Denton 2005 State Leg;,lative Program Jaouary 18. 2005 Page 8 . Oppose legislation that imposes a property tax freeze that can be implemented by any mechanism other than council action. Background: During the 4th Special Session, the City of Denton adopted a resolution that urged the Texas Legislature not to adopt school finance reforms that would adversely affect city revenues and economic development efforts. The city testified and wrote numerous letters during the session. The city continues to oppose state initiatives that restrict a city's ability to fund necessary local services. TML has also placed these issues in their oppose category. State Fees/Agreements in Lieu of Fees . Support legislation that repeals the drainage fee exemption for state entities. Background: During the 2003 regular session, the legislature enacted legislation that exempts state properties, state colleges and universities from paying municipal storm water utility fees. These state entities benefit from the flood prevention and storm water control provided by city storm water program. All entities should pay their fair share of the city's efforts to prevent flooding and to respond to costly federal mandates relating to storm water run-off. When state entities are exempted from municipal drainage fees, the remaining ratepayers make up the difference. This issue was placed in TML's support category. . Support legislation related to the cost of city infrastructure, fire and police services. Background: TML adopted this legislative issue by the City of San Marcos. University communities bear the cost of providing city infrastructure, fire and police services. Universities make no direct payments to university communities. State law should expressly provide for state universities to enter into agreements in lieu of fees with cities in which they are located for the cost of infrastructure, fire and police services. TML placed this issue in their support category. Re2ional Transportation . Support legislation that would permit cities to exceed the two-percent local sales tax cap for regional transportation revenue purposes. Background: The City of Denton participates in the Regional Transit Initiatives, Regional Transportation Council and the Dallas Regional Mobility Coalition. The City ofDenton 2005 State Legislative Program January 18.2005 Page 9 . City is also a founding member of the Denton County Transportation Authority. The city will urge the state legislature to amend state law to allow a region wide local option election to increase the sales tax cap, or to boost the gasoline tax on a regional basis, or provide any other funding source for regional transportation needs. TML placed this issue in their support category. TML Resolutions DroDosed by the City of Denton . Support legislation that would provide for a method of road assessment damages or increased fees paid by heavy trucks in using city, county or state roads. Background: Cities in North Texas are experiencing a tremendous amount of road damage as a result of gas well drilling in the Barnett Shale. Legislation is needed that provides for a method of assessing road damages and imposing appropriate fees to be paid by heavy trucks using city, county or state roads. The resolution is written broadly enough to apply to all heavy trucks that damage city roads, not just those trucks related to gas well operations. TML placed this issue in their support category. . Support legislation that would provide for funding options for maintenance and operation of city-owned or city/private partnerships for convention centers, including hotels. Background: Many Texas cities need funding for the construction, maintenance and operation of convention centers. State legislation is needed to allow funding for maintenance and operation, of city owned or city/private partnerships for convention centers, including hotels. ' TML placed this issue in their support category. . Support legislation that would automatically remove the ad valorem tax exemption, for Higher Education Authorities, or reduces the ad valorem tax exemption to the ratio of student occupation. Background: Chapter 53 of the Texas Education Code permits a city to create a higher education authority or a nonprofit corporation to exercise powers similar to those of an authority. The nonprofit organization could formerly issue tax-exempt bonds to buy dormitories outside the city that created the corporation. Chapter 53 was amended last legislative session to require these authorities locate their facilities in the cities that created the authority. City ofDenton 2005 Sta" L,gislativ, Program Janua<y 18,2005 Page 10 ~ However, existing authorities have already located these dormitories in cities other than the city that created them. These bonds financing the dormitories are sold to investors and are paid off tTom the rent tTom the dormitories. To qualify under the law, the dormitories must be rented exclusively to students or others officially connected with a university. The tax-exempt bonds must be approved by the state attorney general's office. Some cities that have created higher education authorities contend that facilities they have constructed or acquired outside their extraterritorial jurisdiction are not subject to local ad valorem property taxes. The City of Denton proposes removing or reducing the ad valorem property tax exemption if these facilities are not rented to students. TML placed this issue in their support category. Retain Local Control over Development Issues and Fees . Oppose legislation that would erode city annexation authority. . Oppose legislation that would erode city authority in the extraterritorial jurisdiction over annexation and special districts. . Oppose legislation that will reduce or eliminate development fees, exactions or building permits. Background: During the past five years Denton has allocated major staff recourses and spent significant sums on creating a development strategy, embodied in the Denton Plan, 1999-2020, and the Denton Development Code. Denton citizens do not want these efforts to be undermined by legislation eroding local control. The city needs to retain local authority over annexation, development fees, and building permits to implement these plans. Denton provides water and wastewater to its own citizens and also provides water and wastewater services through interlocal agreements with many smaller cities in Denton County. There are 12 tTesh water supply districts in Denton County. The City of Denton has had problems with a tTesh water supply district forming inside the city limits and had to file litigation. Fresh water supply districts tTequently have substandard intTastructure and cannot serve the development that the district projected at build out. These systems are not required to bid competitively and are very expensive. Developers will often structure the debt to include a bond balloon payment. This balloon payment is usually due around the time the system is failing. Cities are then pressured to take over the district through annexation and are forced to spend Œy of D,nton 2005 Sta" Legislativo Pmgram January 18.2005 Page 11 , substantial sums to correct the problem. This is the same problem Houston faced in the early 80s. Denton will urge legislators to exercise caution when creating special districts and make sure that special districts notifY and receive permission from cities before forming. Photo2raphic Red Li2ht Le2islation . Oppose legislation that would restrict a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for running the light. Background. During the 2003 legislative session, SB 1184 passed and amended the Texas Transportation Code to all cities to use cameras at traffic lights and impose a civil penalty for running the' red light. Each year in the United States more than 800 people die and over 200,00 are injured in crashes that involve running of a red light. Texas is ranked fourth in the nation for death rates in red- light crashes. In one Texas city that implemented right light photo systems, the Insurance Institute for Highway Safety reported a twenty-nine percent overall reduction in injury crashes. Other Texas cities have implemented this program. Denton is in the process of implementing the ordinance. Whether to implement this type of system should be a local decision that is made by the local government. Workers' Compensation Reforms . Support reform of workers' compensation law to control or reduce health care costs without putting injured employees at risk, including legislation that would create health care networks, improve back-to-work programs and establish other cost-reducing programs or procedures suggested by the Sunset Commission. Background. The House Business and Industry Interim Committee is studying this issue along with Representative Burt Solomons, who is the chair of the Sunset Advisory Commission. Denton supports these reforms to contain the costs of workers' compensation. TML has placed this issue in their support category. City ofDenton 2005 State Legislative Program January 18,2005 Page 12 Financial Disclosure Requirements . Oppose the expansion of financial disclosure requirements beyond current law. Background. H.B. 1606 passed last legislative session late in the last day of the session with a provision added on in conference committee to apply financial disclosure requirements to cities over 100,000 in population. This bill as sent to the committee applied only to cities over 350,000. Denton opposes any changes to financial disclosure requirements. TML has placed this issue in their "oppose" category. Uniform Election Dates . Oppose any changes to or elimination of uniform election dates. Background. H.B. 1549 (2003 regular session) moved the May general election date from the first Saturday to the third Saturday. During the 3rd special session this legislative issue was a TML priority, since moving May elections to the last Saturday would create significant problems for many Texas cities. Legislation sponsored by Representative Denny and Senator Nelson passed, returning the May election date to the first Saturday in May. Denton opposes any modification of the uniform election dates. TML has placed this issue in their "oppose" category. Support Le2islation that directly benefits UNT and/or TWU . Support legislation that directly benefits UNT and/or TWU, if such proposals do not adversely affect the city's interest. Support Le2islation that directly benefits Denton ISD . Support legislation that directly benefits Denton lSD, if such proposals do not adversely affect the city's interest. City of Denton 2005 State Legislative Program January 18. 2005 Page 13 RESOLUTION "O"""""="'.'~«"'",;"",.,,"p,",.',""",",,.T",S"'.""m," RESOLUTION NO.!frJ,/)()!J-(}O3 A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONTINUING TO URGE THE LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE REFORM OR TAX SYSTEM CHANGES THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 23, 2004 the City of Denton, Texas passed Resolution No. R2004-012 urging the Texas Legislature not to adopt any school finance reform or tax system changes that would negatively affect city revenues and economic development efforts; WHEREAS, the Texas Legislature was called into a Fourth Special Session and failed to pass school finance reforms; and WHEREAS, during the special session by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes were 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, 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 to taxpayers' money; and WHEREAS, it is the City of Denton, Texas highest priority to continue to urge the Texas Legislature not to adopt legislation to limit the ability of cities to collect sales and property tax revenues or to set tax rates that would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of the State of Texas; NOW, THEREFORE, S",",""'om,""",,",'""""."Ope""'" "","".T..'"R"",..d" THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the governing body of the City of Denton, Texas will continue to oppose all school finance reforms or tax system changes by the Texas Legislature that 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. This Ordinance shall become effective immediately upon its passage and approval. ~ur- .Yu;U ,2005. PASSED AND APPROVED this the ~ day of f' ATTEST: JENNIFER WALTERS, CITY SECRETARY APP VED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: MírJ'ffu¡j c-J?~ Page 2 of2 RESOLUTION S:\Our DocumentsIResolutions\O5IAtmos GRlP Filings2.doc RESOLUTION NO.I{;¡ (}OÓ-{J() If RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE UNTIL MAY 15, 2005 FOR THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS ENERGY CORPORATION'S MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS WITH REGARD TO THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS PIPELINE; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; 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 December 17,2004 the Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") pursuant to Section 1 04.30 1 of the Gas Utility Regulatory Act ("Act"); and WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the fact that this is the first application for recovery under that section of the Act; it is therefore necessary to engage the expertise of lawyers and consultants who specialize in ratemaking proceedings before regulatory authorities to assist the City as provided for in Section 103.022 of the Act; and WHEREAS, given the complexity and the need to carefully review the proposed GRIP adjustment it is necessary to suspend the effective date for implementing the GRIP adjustment until at least May 15, 2005 in order to allow the City's rate experts sufficient time to determine the merits of Atmos Energy's proposed GRIP adjustment; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it makes sense to coordinate the City's efforts with a coalition of similarly situated municipalities; and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities ("ATM") has been active in gas utility ratemaking proceedings; and WHEREAS, in light of the sale ofTXU Gas to Atmos Energy, the coalition known as the Alliance ofTXU Municipalities is now known.as the Atmos Texas Municipalities ("ATM"); and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of A TM and the City; and S:\Our DocumentsIResolutions\O5IAtmos GRIP Filings2.doc WHEREAS, Atmos Energy, doing business as Atmos Pipeline - Texas ("Atmos Pipeline"), has also filed on or about December 17, 2004, for a GRIP adjustment at the Railroad Commission of Texas; and WHEREAS, the filing made at the Railroad Commission of Texas by Atmos Pipeline could affect the gas rates which have to be paid by Atmos Energy customers located within the City; and WHEREAS, it is important that the City and other similarly situated municipalities participate to the extent allowed by law in order to insure the proper implementation of the GRIP adjustment by Atmos Pipeline; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the effective date for the proposed GRIP adjustments by Atmos Energy, and the tariffs related thereto, are hereby suspended until May 15, 2005 but may be suspended further if necessary to complete the review and investigation by City's experts or upon the mutual agreement of the City and Atmos Energy. SECTION 3. The City is authorized to join with other cities in a coalition of cities known as the Atmos Texas Municipalities ("ATM") with the understanding that the steering committee of ATM will provide direction and guidance to the lawyers who are representing said cities. SECTION 4. The City hereby employs the Lawton Law Firm and the Law Offices of Jim Boyle, PLLC to represent the City with regard to the proposed GRIP adjustments of Atmos Energy and Atmos Pipeline before local and state regulatory authorities and in any court of law and authorizes the law firms to employ such rate experts as are recommended by the ATM Steering Committee. SECTION 5. The City is authorized to participate to the full extent permitted by law in the GRIP proceeding initiated by Atmos Pipeline at the Railroad Commission of Texas and any court action related thereto. SECTION 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atmos Energy or Atmos Pipeline for reimbursement. SECTION 7. City's legal representatives shall have the right to obtain additional information from Atmos Energy through the service of requests for information, which shall be responded to within twenty (20) days of receipt of such requests for information. Page 2 of 3 S:IOur DocumentsIResolutionsl05IAhnos GRIP Filings2.doc SECTION 8. Atrnos Energy shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. SECTION 9. 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. SECTION 10. This resolution shall become effective from and after its passage. SECTION 11. That the City Secretary is hereby directed to send a true and correct copy of this Resolution to Douglas C. Walther, Senior Counsel, Atrnos Energy Corporation, 5430 LBJ Freeway, Suite 1800, Dallas, TX 75240-2601. PASSED AND APPROVED this the / ff day of \ -J.t.J-1.JLtfAr 2005. ¿ ~ ;~cÁ- EUUNEBROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~Æfo¿Jd~ APPROVED AS TO LEGAL FORM: ~~;;:;¡j¡ ;;r~ Page 3 of 3 RESOLUTION . S:IOur DocumentslResolutions\O5IAtmos Prudence Review.doc RESOLUTION No.!/J.OO5-tJtlS- RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING A REVIEW OF THE REASONABLENESS AND PRUDENCE OF GAS PURCHASES AND EXPENDITURES OF TXU GAS COMPANY, NOW KNOWN AS ATMOS ENERGY CORPORATION, BETWEEN NOVEMBER 1, 2000 AND OCTOBER 31, 2003; AUTHORIZING THE CITY JOINING WITH OTHER SIMILARLY SITUATED CITIES IN A COALITION KNOWN AS THE ATMOS TEXAS CITIES ("ATM"); AUTHORIZING THE HIRING OF SPECIAL COUNSEL AND EXPERTS IN THE PURCHASE OR SALE OF GAS; AUTHORIZING THE INTERVENTION IN GUD DOCKET NO. 9530 AT THE RAILROAD COMMISSION AND RELATED PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on September 24, 2004 TXU Gas Distribution - Transmission filed with the Railroad Commission of Texas its Compliance with Gas Utilities Docket ("GUD") No. 8664 and Motion for Final Order; and WHEREAS, the filing was docketed at the Railroad Commission as GUD Docket No. 9530 and after TXU Gas was sold to Atrnos Energy Corporation the proceeding was styled as Atrnos Energy Corporation ("Atmos") - Transmission Gas Review; and WHEREAS, Atrnos must demonstrate in this filing that the gas costs or purchases between November 1, 2000 and October 31, 2003 by TXU Gas were reasonable and necessary and that the costs were prudently incurred; and WHEREAS, the Railroad Commission of Texas is empowered to order surcharges or refunds as a result of the review and investigation of said gas costs; and WHEREAS, it takes special expertise by both lawyers and consultants in order to assist the City with such a review; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, investigating, and reconciling said gas costs it makes sense to coordinate the City's efforts with a coalition of similarly situated municipalities; and WHEREAS, a coalition of municipalities, known as the Alliance of TXU Municipalities ("ATM") has been active in gas utility ratemaking proceedings; and WHEREAS, in light of the sale ofTXU Gas to Atrnos Energy, the coalition known as the Alliance ofTXU Municipalities is now known as the Atrnos Texas Municipalities ("ATM"); and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of A TM and the City; NOW, THEREFORE, S.\Our DocumentsIResolutions\O5IAtmos Prudence Review.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the City is authorized to join with other cities in a coalition of cities known as the Atrnos Texas Municipalities ("ATM") with the understanding that the steering committee of A TM would provide direction and guidance to the lawyers who are representing said cities. SECTION 3. The City employs the Lawton Law Firm and the Law Offices of Jim Boyle, PLLC to represent the City in Railroad Commission GUD Docket No. 9530 and with regard to any administrative proceedings or court actions related thereto, and the City authorizes Special Counsel to employ, with the approval of the ATM Steering Committee, such rate experts as are necessary to assist them with regard to the review, investigation and possible filing of testimony in GUD Docket No. 9530. SECTION 4. The City authorizes Special Counsel to intervene on behalf of the City in GUD Docket No. 9530. SECTION 5. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atrnos for reimbursement. SECTION 6. Atrnos shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. SECTION 7. 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. SECTION 8. This resolution shall become effective from and after its passage. PASSED AND APPROVEn'" "" ¿sf d" of ,1¿ju¿~ 2005. ¿~u~ EUUNEBROCK,MAYOR Page 2 of3 . , S:\Our DocumentslResolutions\OSlAtmos Prudence Review.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~ A' ~'-- WQQ ::b. I AJ " APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I JJ;J¡j(l4 Page 3 of3 RESOLUTION . S""w""".~""""'."~""""'o..Ci',or"""".""", RESOLUTION NO. {dOO500f; A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE AMICUS BRIEFS AND OTHER PLEADINGS IN SUPPORT OF THE CITY OF ROCKW ALL IN A CASE STYLED HUGHES V CITY OF ROCKWALL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is currently pending in the Dallas Court of Appeals a case styled Hughes v. City ofRockwall, No 05-04-01562 (the "Rockwall Case"); and WHEREAS, in the Rockwall Case the Court of Appeals ruled against the City of Rockwall regarding a property owner's right to obtain arbitration prior to the city's ability to annex under Section 43.052(h)(I) ofthe Local Government Code; and WHEREAS, the City of Rockwall is in the process of appealing the Court of Appeals decision to the Texas Supreme Court; and WHEREAS, if the Rockwall Case is not reversed it will have a chilling affect on the City of Denton's ability to annex areas within its extraterritorial jurisdiction which will inhibit the City's ability to plan for growth and development in accordance with its comprehensive plan; and WHEREAS, the City Council fmds that it is in the public interest and in the best interest of the citizens of the City of Denton for the City to participate in the Rockwall Case by filing amicus briefs and other pleadings with the Texas Supreme Court in support of the City of Rockwall; 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 Attorney, or his designee is hereby authorized and directed to file an amicus brief in support of the City of Rockwall's petition for review to the Texas Supreme Court of the Rockwall Case. Should the Supreme Court grant certiorari the City Attorney, or his designee is authorized to file additional pleadings and amicus briefs as he may deem necessary to support the City of Rockwall's position. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the :J.J,I!!! day of 3.f .A1.1.lMr ,2005. . '",",""',._'",""'.""."œ,.ŒyorRockw.'dœ ë~IðvvJL EULINE BROCK, MAYOR ATTEST: ~ v~;l~z~mARY ROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: Page 2 of2 RESOLUTION RESOLUTION NO. ?¡JO5-{)O7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR, AS REPRESENTATIVE OF THE CITY, TO ISSUE A LETTER DESIGNATING THE DENTON CHILDREN'S COALITION SUCCESS BY 6@, AS "LOCAL COUNCIL" FOR THE PURPOSES OF APPLICATION FOR EARLY LEARNING OPPORTUNITIES ACT (ELOA) DISCRETIONARY GRANT FUNDS; TO DESIGNATE THE UNITED WAY OF DENTON COUNTY AS FISCAL AGENT FOR THE "LOCAL COUNCIL"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Early Learning Opportunities Act (ELOA) provides grants to local councils to help develop, operate, or enhance voluntary early learning programs for children; and WHEREAS, a local group of agencies, parents, community leaders, school district staff, United Way, and Child Care Services have formed a partnership called the Denton Children's Coalition Success by 6@; and WHEREAS, for a group to apply for ELOA grants it must be designated as a "local council" by the appropriate governmental entity; and WHEREAS, the council of the City of Denton finds that it is in the public interest to designate Denton Children's Coalition Success by 6@ as the "local council" for purposes of application for ELOA grants and that the United Way of Denton County should be designated as fiscal agent for the "local council" and; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the Mayor of the City of Denton, Texas, is authorized to designate Denton Children's Coalition as "Local Council" and to designate the United Way of Denton County as fiscal agent for the purposes of obtaining ELOA grant funds by issuing a letter substantially in the form of the letter attached as Exhibit "A", that is too be included in the ELOA grant application by the Denton Children's Coalition Success by 6@. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED fui. ~4'Í""y or ,'ltIW flAt-. 2005 è~~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By HJ J(&hH APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ¿~ nd- 5:10", DocumentsIResolutionsl05\ELOAgrantdesignation.doc 2 RESOLUTION FILE REFERENCE FORM R2005-008 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. R2005-047 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 , "'","',m"",,","o'"""",."'"='m'""""'yRoiow'oc RESOLUTION NO. {??t?tJ5-fJfJfJ 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 Servo 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, by Resolution No. 2004-008, passed by the City Council on February 3, 2004, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 78th Legislature; NOW, THEREFORE, . S,"'",_m.""~.,l"""m.'"""'m~""""""""oc 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 Policy and in accordance with TEX. GOV'T CODE ch. 2256. SECTION 3. That all resolutions or parts of resolutions in force when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No. 96-061, Resolution No. 97-026, Resolution No. 97-077, Resolution No. 98-067, Resolution No. 99-047, Resolution No. 2000-065, Resolution No. 2001-072, Resolution No. 2002-055 and Resolution No. 2004-008 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~ay of \ J¡;M-'¡~ ,2005. C~~q EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~+ IJcJ~ Page 2 . """,D","~",,~.w'"""",.,"",o'~",""',,',,;ow.doc APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~ n~ Page 3 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page1of13 SECTION: FINANCE POLICIES REFERENCE NUMBER: 403.06 SUBJECT: INVESTMENTS INITIAL EFFECTNE DATE: 02/17/87 LAST REVISION DATE: TITLE: INVESTMENT POLICY 06/97 9/99 12/01 2/04 11/97 12/00 12/02 2/05 I. II. III. PURPOSE This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfY the statutory requ(rements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Ann. Chapter 2256, hereinafter referred to as the "Act", as amended and effective September 1, 1997. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section TIE, shall be excluded from this Investment Policy. [All financial assets of all funds, including the General Fund and any other accounts of the City not specifically 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. B. 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 ofthe City of Denton; the Firemen's and Policemen's Pension Funds ofthe City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by: Federal and State Law; the City Charter; and donor stipulations. INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy. Page 2 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE~;.~~ER: IV. 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 fmancial requirements of the City. Any investment eligible in the Investment Policy is suitable for all City funds. B. 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. C. 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. D. 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 define an efficient secondary market. E. Diversifìcation - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. DiversifYing the appropriate maturity structure will reduce market cycle risk. F. 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 "benchmark". A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions ofthe 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. 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 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE,i6i~~ER: V. 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: A. Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles. This may be accomplished by purchasing high quality, short-term securities, which will compliment each other in a laddered maturity structure. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security. B. Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security. ' c. Debt Service Reserve Funds - Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a 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. A dollar weighted average maturity of 650 days or less will be maintained. C. 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 fmal maturity of each security. E. 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. 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. Page 4 of 13 POLICY I ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 VI. Scope - The Investment Committee shall m~et at least quarterly to determine general strategies and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. 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. RESPONsmn..ITY AND STANDARD OF CARE A. Delegation & Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Director of Fiscal Operations. The Cash & Debt Administrator will have a support role. The Assistant City Manager of Finance and Director of Fiscal Operations are designated :as investment officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256.008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and' these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, securitY risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" ITom which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization' of Texas (GTOT), University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance. The Assistant City Manager of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director of Fiscal Operations. The controls shall include a quarterly process of independent review by an individual or fmn designated by the Assistant City Manager of Finance, and an annual review by an external auditor. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager of Finance, Director of Fiscal Operations, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investm~nt Policies and Guidelines are followed. B. 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 reITain ITom personal business activity that could conflict with proper execution of the Page 5 of 13 POLICY/ADMINISTRA TIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 investment program, or which could impair their ability to make impartial investment decisions. C. 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 orgarrization that handle City of Denton investments. An investment officer has a personal business relationship with a business organization if: 1. 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; 2. Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or 3. The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is related within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ann. Ch. 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. D. 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 oftheir 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. E. Reporting Monthly - The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that, summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall include total investment return to date and compare the return with budgetary expectations or projections. 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: I) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, POLICY I ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE'¡¿;~~ER: Page 6 of 13 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 one hundred -twenty (120) days of the end of the Fiscal Year, the Director of Fiscal Operations shall. present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to . this policy. . F. The guidelines of retaining records 'for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Fiscal Operations shall oversee the filing and/or storing of investment records. vll. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A. Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Subsection E) . B. Authorized Investments (Per HB 2459 and Sections 2256.009 through 2256.017 of the Act)- Assets of funds ofthe govemment of the City of Denton may be invested in: 1. Obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily detennìnable market value; 2. Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years); 3. Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally Page 7 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY , I REFERE~~~~ER: recognized investment rating firm, and having received a rating of not less than "AA" or its equivalent (maturing in hiss than two (2) years); 4. Fully insured or collateralized Certificates of Deposit issued by state and national banks or savings bank or a state or federal credit union, donriciled 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 instrumentalities pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank donriciled 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); 5. Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-lor P-l or an equivalent rating by at least two nationally, recognized rating agencies. 6. 7. a. b. Public Fund Investment Pools with a weighted average maturity of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark t? market daily and, stabilize at a $1 net asset value. To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (I) (2) the types of investments in which money is allowed to be invested; the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; the maximum stated maturity date any investment security within the portfolio has; the objectives of the pool; the size of the pool; the names of the members of the advisory board of the pool and the dates their terms expire;' the custodian bank that will safekeep the pool's assets; whether the intent of the pool is to maintain a net asset value of one dollar and the riskof market price fluctuation; (3) (4) (5) (6) (7) (8) Page 8 of 13 POLICY / ADMINISTRATIVE PROCEDURE/ ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE~~~~ER: (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (II) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative ofthe entity: c. (I) (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; the size ofthe pool; the number of participants in the pool; the custodian bank that is safekeeping the assets of the pool; a listing of daily transaction activity of the entity participating in the pool; , the yield and expense ratio of the pool; the portfolio managers of the pool; and any changes or addenda to the offering circular. (E) (F) (G) (H) (I) (J) (K) An SEC-registered, no load mòney market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described in section B.1. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share: furthermore, it provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC. Section 78a et. Seq.) or the Investment Company Act of 1990 (IS USC Section 80a-1 et. Seq.). 8. 9. 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. Furthemiore, this policy specifically prohibits investment in the following investment securities. C. Page 9 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 408.04 D. 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. 4. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. 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 constr~ints shall apply: 1. 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. 2. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/collaterlized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment Tvpe % of Portfolio . U.S. Treasury NoteslBills U.S. Agencies & Instrumentalities State of Texas ObligatiOl)s & 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% . . Page 10 of!3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE':¿~~~ER: By Institution: Repurchase Agreements All Other Investment Pools No more than No more than No more than 10% 40% $10,000,000 E. 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. F. All investments (governments or ba~k 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. G. Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield 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 (notIess 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, ifnecessary. Page 11 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE~~~~ER: VIII. SELECTION OF BANKS AND DEALERS A. 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 Cornmittee 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. B. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit'and capitalization analysis reveals that other firms are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealers and financial institutions upon: 1. Financial conditions, strength and capability to fulfill commitments; 2. Overall reputation with other dealers or investors; 3. Regulatory status of the dealer; 4. Background and expertise of the individual representatives. The Director of Fiscal Operations shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. Investment Officers shall not conduct business with any firm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved list. c. Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The firm must acknowledge that it has implemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to Page 12 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE~~.~~ER: IX. 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. D. Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with anyone 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. PRINCIPAL PROTECTION AND SAFEKEEPING A. All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with. a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIc. Evidence of proper collateralization in the form of original safekeeping receipts held in the institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Director of Fiscal Operations all time. The Assistant City Manager of Finance, Director of Fiscal Operations or other authorized City Representative will approve and release all pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances. The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral. B. 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. c. Collateral Defmed - The City of Denton shall accept only the following securities as collateral: 1. FDIC and FSLIC insurance coverage. 2. United States Treasuries & Ag~ncies. 3. Other securities as approved by the Investment Committee. D. Delivery vs. Payment - All transactions will be executed with authorized security dealers and fmancial institutions on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification hàs 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. E. 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. Page 13 of 13 POLICY! ADMINISTRATIVE PROCEDURE!ADMINISTRA TIVE DIRECTIVE I TITLE: INVESTMENT POLICY I REFERE:'o~~~ER: x. MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shaH establish a system of internal controls, which shaH be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shaH be employed include the foHowing: Imperative Controls: Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcilements and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of aH interest income and security purchase and seH computations Controls Where Practical: Control of CoHusion 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 develop,!,ent of Investment Officials Review of fmancial conditions of aH brokers, dealers, and depository institutions Staying informed about market conditions, changes and trends that require adjustments in investment stratègies. RESOLUTION S:IOur DocumentslResolutionsl05IResolution DCT A Route Fina1.doc . . RESOLUTION NO.1:/0tJ.!J-tJ{Jtj A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY ("MKT") THAT RUNS PARALLEL TO 1-35 EAST BETWEEN NORTH CARROLTON AND DENTON, WITH AN ULTIMATE TERMINUS WITHIN DOWNTOWN DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority ("DCTA") through an agreement with the North Central Texas Council of Governments has commissioned a study on the DCTA approved service plan; and WHEREAS, as a part of the study, DCT A has held a series of public hearings to receive feedback on alternatives to the regional rail component ofthe service plan; and WHEREAS, three alternative rail routes between North Carrollton and Denton are being considered by DCTA; and WHEREAS, the City Council of the City of Denton has found and determined that the preferred route is the proposed route utilizing the right-of-way on the former Union Pacific line ("MKT") which is parallel to Interstate 35 East (I-35E) and terminates in downtown Denton (the "Preferred Route"); and WHEREAS, the Preferred Route will help to achieve and support Denton's Downtown/Central Business District as one of four major initiatives in the City of Denton's Strategic Plan for Economic Development that was approved by City Council in May 2003; 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 does hereby formally endorse and advocate the Preferred Route for the regional rail component ofDCTA's service plan. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ;J,J,l!:iday of \..Jtð1ü/.u¿r , 2005. ¿~AcL EULINE BROCK, MAYOR S:\Our DocumentsIResolutions\O5\Resolution DCTA Route 12-04.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~ ~ ¡Jd frL<J APPROVED AS TO LEGAL FORM: ~~~ITO~Y Page 2 of2 RESOLUTION .' RESOLUTION NO.1 ¿¡Oot} - tJ / 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING CONGRESS TO REJECT THAT PORTION OF THE ADMINISTRATION'S PROPOSED 2006 FEDERAL BUDGET THAT CALLS FOR THE ELIMINATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND REQUEST THAT CDBG REMAIN FULLY FUNDED. WHEREAS, since its creation by President Richard Nixon more than 30 years ago, the Community Development Block Grant (CDBG) program has been the signature partnership between the federal government and local government to create jobs, increase economic development opportunities, expand home ownership, and maintain neighborhoods; and WHEREAS, in previous years, CDBG provided the City of Denton with approximately $1.2 million per year that was used to benefit homeowners through the reconstruction or the repair of existing homes, assist new homebuyers with down payment and closing costs, provide loans to local small businesses owned by low-income persons, benefit thousands of residents by improving streets, sidewalks and parks in their neighborhoods and provide social services to thousands of families and individuals in need, through assistance to local agencies; and WHEREAS, for every dollar invested through CDBG programs, approximately $4.43 in private or other grant dollars is leveraged for housing, social services and economic development; and WHEREAS, the 2006 Federal Budget as released February 8, 2005, proposes to transfer the CDBG program and 17 other programs from the Department of Housing and Urban Development to the Department of Commerce along with a reduced level of funding, thereby eliminating the CDBG program in the future; and WHEREAS, the U.S. Conference of Mayors, the National League of Cities, the National Community Development Association and the National Association of Counties have joined with a coalition of business leaders to denounce the elimination of CDBG in the 2006 Federal Budget; and WHEREAS, the coalition to stop the elimination of CDBG has bi-partisan support, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Denton: SECTION 1. That Council hereby strongly urges the Congress to reject that portion of the Administration's proposed 2006 Federal budget that calls for the elimination of the Community Development Block Grant (CDBG) program, and to require that CDBG remain fully funded at the $4.7 billion level and continue to be administered by the Department of Housing and Urban Development. SECTION 2. That this resolution is hereby declared to be an emergency measure necessary for the immediate preservation of public peace, safety and welfare and for the reason that the Community Development Block Grant program is a vital component of the partnership between the federal and local governments to create jobs, increase economic development opportunities and expand home ownership. '. SECTION 3. That the City Council authorizes the City Manager or his designee to send a copy of this resolution to U.S. Senators John Comyn and Kay Bailey Hutchison and Representative Michael Burgess. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ¡:¿f day of W¿ !lA-M ,2005. c~ßwcJL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY frf- APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY [JlJ cJ~ By';]J~ro~Iv¡q..f?~ RESOLUTION RESOLUTION NO. 1 ~ O()!J -Of I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY COUNCIL OF THE CITY OF DENTON TO PROVIDE COMMENTS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CONCERNING COORDINATION OF THE ALIGNMENT OF THE TRANS-TEXAS CORRIDOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council Mobility Committee met on several occasions to discuss the proposed alignment of the North Loop Connector between the North Dallas Tollway and 1-35, North of Denton; and WHEREAS, the City Council Mobility Committee made a recommendation that the North Loop Connector could serve as a proposed alternative alignment for the Trans-Texas Corridor; and WHEREAS, the North Central Texas Council of Governments, ("NCTCOG") , has requested that the City Council provide input to NCTCOG on the alternative alignment; and WHEREAS, the City Council of the City of Denton wishes to provide comments to NCTCOG concerning coordination of the alignment of the Trans-Texas Corridor as described in Attachment A; and WHEREAS, the City Council is authorized to sign Attachment A to provide the comments to the NCTCOG concerning coordination of the alignment of the Trans-Texas Corridor; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Council of the City of Denton is authorized to sign Attachment A to provide the comments to the NCTCOG concerning coordination of the alignment of the Trans- Texas Corridor. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. PASSED AND APPROVED this the b fit.. day of ¡} fA-; ~ , 2005. ~ÔtøcL EULINE BROCK, MAYOR S,\O",D","~""\R""'"""",\O"NcrCOGùon"f",T"",-T",,C",TId",.d,, BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY BY JJo£,~4C?n.,-+ ',1o" Oocom"IR"olo",",'05INCTCOG eo"" roc Tco".T"" Comdoc.do, 2 Attachment A 215 E. McKINNEY STREET, DENTON, TX 76201 (940) 349-7717 - FAX (940) 349-8596 April 5, 2005 Mr. Michael Morris, P .E. Director of Transportation North Central Texas Council Of Govemments P.O. Box 5888 Arlington, TX 76005-5888 Dear Mr. Morris, The City of Denton would like to thank you for your efforts to plan and meet the transportation needs for our region. It is reassuring to know that we have such excellent leadership from you and NCTCOG. We would like to solicit your help in coordinating the future alignment of the proposed Trans- Texas Corridor (TIC) in a way that will be most beneficial to our community. We strongly believe that such a corridor should include a path through Denton County, and that this corridor should parallel Interstate Highway 35 as closely as possible. The alignment of the corridor in relation to the City of Denton should be compatible with present growth patterns and existing plans for future development of the City. We would also request that the plans and work that have been put into the NAFTA Corridor not be ignored, but rather that the TTC coordinate with the proposals and plans that have been in place for years. In particular, we. believe that TIC should form a continuum with existing North Central Texas Regional Transportation corridors and with development plans already in place for the future of North Central Texas Regional Transportation. We believe that such a continuum, by necessity, should include a connection between the Dallas North Tollway (DNT) and Interstate Highway 35. We further believe that the most reasonable location for such a connector would lie in a corridor north of and paralleling US 380, south of Lake Ray Roberts. The City of Denton would like to solicit your help and expertise in establishing such a proposed corridor between the DNT and 1-35, and we strongly suggest that the location of the 1-35 tie-in be just north of Loop 288 in the City of Denton. "Dedicated to Quality Service" www.cityofdenton.com By copy of this letter we solicit and invite the participation of Denton County, Denton County Transportation Authority, and the North Texas Tollway Authority in pursuing this location for a portion of the TTC. Additionally, Mr. Morris, we most certainly welcome your thoughts and guidance in helping us to achieve this goal for regional transportation in the Denton County area. Thank you for you help. ¿ ~ he£- ~.~ ~~£~:! Euline Brock, Mayor ~MM/~ Raym d Redmon, Counclimember pet~c~ ~~ ac Thomson, Councilmember cc: Denton County Commissioner's Court Denton County Judge Mary Horn Charles Emery, Chairman DCT A John O. Hedrick, Executive Director DCT A David D. Blair, Jr. Chairman of the NTTA Allan Rutter, Acting Executive Director of the NTTA John Polster, ITS Butch Jones, City of Denton RESOLUTION RESOLUTION NO. f ~OOg= tJ / ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A REGIONAL POLICY POSITION REGARDING THE TEXAS DEPARTMENT OF TRANSPORTATION'S TRANS-TEXAS CORRIDOR - 35 INITIATIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council Mobility Committee met on March 28, 2005 to discuss the policy position as adopted by the Regional Transportation Council (RTC) regarding the Department of Transportation's Trans-Texas Corridor; and WHEREAS, the Texas Department of Transportation is seeking comments on the proposed Trans-Texas Corridor; and WHEREAS, the City Council Mobility Committee made a recommendation that City of Denton should adopt a resolution supporting the policy position adopted by RTC as shown in Attachment A; and WHEREAS, the City Council of the City of Denton desires to adopt the Regional Policy Position as shown in Attachment A; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton adopts the Regional Policy Position as shown in Attachment A. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton and it is accordingly so resolved. PASSED AND APPROVED this the.:Slil day of ()~ ,2005. ~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~11l1~ /),d hH) APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:7)o f ú ~ Q/ff -< ~~ S:\Our DocumentslResolutions\O5\MPO Review.doc ATTACHMENT A RESOLUTION ESTABLISHING A REGIONAL POLICY POSITION REGARDING THE TEXAS DEPARTMENT OF TRANSPORTATION'S TRANS-TEXAS CORRIDOR - 35 INITIATIVE (RO5-02) WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth area by the Governor of Texas in accordance with federal law; and, WHEREAS, NCTCOG is authorized by law to conduct such coordinating and technical studies as required to guide the unified development of the area, eliminate duplication, and promote economy and efficiency through area-wide planning; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG, and has been and continues to be a forum for cooperative decisions on transportation including the approval of the regional Mobility Plan, air quality conformity process and project programming; and, WHEREAS, the Regional Transportation Council has previously adopted a Goods Movement Corridors Technology Deployment Program aimed at expanding and enhancing the Intelligent Transportation System infrastructure in the region along major truck routes, and; WHEREAS, the Regional Transportation Council is responsible under federal law to fulfill the federal concurrency requirement for projects that impact the region (23 U.S.C. §§ 134, 135; 23 CFR § 450.208(a)(21), §450.210; §450.214(b)(4»), and; WHEREAS, all major roadway construction projects within the regional Metropolitan Planning Area must, by federal law, be approved by the Regional Transportation Council in the regional Mobility Plan; and, WHEREAS, HB 3588, passed by the 78th Texas Legislature in 2003, requires the Texas Transportation Commission to compare the congestion relief costs and benefits of Trans-Texas Corridor investments against alternative investments; and, WHEREAS, the Trans-Texas Corridor - 35 provides important new corridors for energy, water, information and other utility needs necessary for continued urban growth; and, WHEREAS, the Trans-Texas Corridor concept provides an opportunity to meet both urban and inter-city transportation needs; and, NOW, THEREFORE, BE IT HEREBY RESOLVED: Section 1. That the Regional Transportation Council supports expanded investments to meet long-standing urban mobility, reliability, safety and air quality needs, including utilizing the Trans-Texas Corridor - 35 main alignment and urban connectors to meet these crucial urban needs. Section 2. That the maps shown as Attachments 1 through 4 represent regionally supported phased modal investments. This includes right of way preservation for all corridors. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. That Trans-Texas Corridor - 35 consortium investments and concession fees should be used in the near term to evaluate and, as feasible, construct both an east/west freight rail bypass to the south of the region and a north/south freight rail bypass to the west of the region. (Attachment 1) This includes an investment to provide congestion relief at Tower 55. That Trans-Texas Corridor - 35 consortium investments and concession fees should be used in the near term to evaluate and, as feasible, construct dedicated truck lanes and other truck improvements on the Trans-Texas Corridor Truck Urban Connectors identified on I.H.20, I.H. 30 east of I.H. 635, I.H. 35W, I.H. 35E, U.S. 287, U.S. 67, the west side of I.H. 820, I.H. 635 south of I.H. 30, S.H. 360 south of I.H. 20, and Loop 12/Spur 408. Other truck related improvements include Intelligent Transportation System improvements, geometric improvements, interchange and frontage road improvements, and other truck safety enhancements. That Trans-Texas Corridor - 35 consortium investments and concession fees should also be used in the near-term to evaluate and, as feasible, construct an inter-city truck corridor. (Attachment 2) That Trans-Texas Corridor - 35 consortium investments and concession fees should be used in the near term to evaluate and, as feasible, construct additional capacity improvements to the toll road Automobile Urban Connector along existing and planned sections of the Dallas North Tollway, S.H. 161, the President George Bush Turnpike, and S.H. 360. That Trans-Texas Corridor - 35 consortium investments and concession fees should also be used in the near-term to evaluate and, as feasible, construct an inter-city auto corridor. (Attachment 3) That the high-speed rail portion of the Trans-Texas Corridor should access the Dallas/Fort Worth International Airport (DFWIA) from the south as indicated in the DFWIA Rail Access Study, and should also connect to the regional light and commuter rail system to facilitate movement to other destinations in the region. (Attachment 4) That the inter-city portions of the Trans-Texas Corridor - 35 alignment between Hillsboro and Laredo should be spaced as close to I.H. 35 as possibie. That the evaluation of alternative routes and staging of investment should include an analysis of economic impacts to existing and future urban population and employment. Upon concurrency between the Texas Department of Transportation and the Metropolitan Planning Organization, Trans-Texas Corridor - 35 routes within the Metropolitan Planning Organization will be placed in the Mobility Plan. Section 10. That this resolution will be sent to the Texas Transportation Commission. Section 11. That this motion shall be in effect immediately upon adoption. ~~~ Jack Hat II air Regional Transportation Council Commissioner, Collin County I hereby certify that this resolution was adopte of the North Central Texas Council of Governments 0 F Legend TTC-35 Features Near Term TTC-35 Freight Rail Corridor Study Zone for Bypass Trains IT Long Term TTC-35 Freight Rail Corridor Study Zone for Bypass Trains Other Features ----.- Rail U Airports D Lakes Current freight rail lines continue to serve local freight rail needs in the future. _CenlrIlT- CounctI<I_. rr- ~ n :::r 3 CD ~ .... .... I C'" [ ~. Mon'oguo -~- j ., Jad< - "eJ: Wise _Ii, I '¡'oPin.. ~ TRANS-TEXAS CORRIDOR 35 TRUCK MODE I~ L.I" C..yson Fannin ~---r --~.- D.,. ""nl I Hopkl,,' ,)\/~ ~,'-.J'\","ns i::.:,~,:) --I ~', I I Van 2800' \ \ - ~ '\ //' I ,/ -,- .,... Somo"",U ~ ,--- E..'h \ /' bL....i;.-' /' ~ ~ _. ~ \ ") Homilto" \ .' \ \~, \\,; L ~- -~~ /", ... - ~ .' ~.) " "7 .JJ" "",>~ // "'-.~ ->, H"!}I1.",on '" / "--, L. / C, / ~ '/ '" \., .:..~ \ ~-~~ \ , Na,."o, ...~t:ndO"O' - \ .::-J--::?,\ ,) \ j", '~-/' " ~ . }. '.'oy \ t::.-- / ""'. .. '.' , '\ /;'~~Š";") '\ -<:. '{ ¥ "-....... //~. Legend TTC-35 Features ,r I Near Term TTC.35 Truck Corridor Study Zone Near Term Truck - Urban Connector Alignment II Long Term TTC-35 Truck Corridor Study Zone Other Features - Highways. Mobility 2025 Update ! Airports f-] Lakes ,.,,'be""" ,- e.."",...oo,."....".. "-"'" I' . í c,.. I Monloguo -----j ~) l-~ ~- Jack ~j'¿r\ ,. I I ii' ! - _-I ¡ 'a'1'" OmV$On Famún ~ ~- ~ 1 Do" Hun' I,. I Hopkin' I , ,í\-,¡ ~v ~--J "~"'n$ ., --- ~-c::q=-- - ') , '----'Z I '" . ¡ ]-- I VanZund' \ ~ . i \, HOÒd"4? I " ¡ I '. I . ic--__~:L_~ \ ~J .,¿;~ /,., ~\ 4.r \/ -<3 L" Ern'. '\ Some""," .1-, ....--...---~-~- ~ """""'~""'n \ // ,~;) / '-) \/ ~ \/ ~~i ~ '/' ~ Æ '. \ Novo'," --;¡, , I y, \' ,~-- , '\ BOGq.. ~.' 1 \¡:::::> ~. ~ndeoson \ \'j \ '-/" ./""",\ \ HornO,on \ '- '\ ~-.5--:J"j! c,.,. \ ? \ --- - ?~rceÞ"'ne ¡ Aci nann '. / lime Slone , 1. '""-~, I &10 P;n'o I Legend TTC-35 Features . - II Near Term TTC-35 Automobile Corridor Study Zone Near Term Automobile Urban Connector Alignment Long Term TTC.35 Automobile Corridor Study Zone Other Features L~ c:::::J Highways - Mobility 2025 Update Airports Lakes """"'<-..,.... ""'-" at "'-..-. N  If :T 3 CD ~ - Co) "........- TRANS-TEXAS CORRIDOR 35 PASSENGER RAIL MODE G..yson ¡ La,\," Fannin Van l.ndt Erath SOmervell Hamil1on Bosque Hili Y' /', / \ //Mctennon\ />,:¡;;;;;;;,,-;;-\ Legend Long Term Inter-City Rail Features = Current Amtrak. Future High Performance Routes = TTC-35 Passenger Rail Alignment :r TTC.35 Passenger Rail Corridor Study Zone :œ;;¡;¡:¡;¡ Intercity Passenger Rail Utban Connectors Other Features Rail Airports Lakes ¡~I ~ ,..ithC8-I.... CàIÒldl d GcNem..-s Ir....,..,..loo N ~ AI CD ::J - .¡:. RESOLUTION S:\OUR DOCUMENTSIResolutions\O5\Council Performance Committee.DOC RESOLUTION NO. fJJ)()§ - 0/$ A RESOLUTION ESTABLISHING A STANDING PROCESS FOR CITY COUNCIL AP- POINTEE PERFORMANCE REVIEWS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R2004-020 the Denton City Council established a Council Appointee Performance Review Committee (the "Committee") to make recommenda- tions to the City Council for City Council appointees, being the city manager, city attorney and rnunic~alcourtjudge;and WHEREAS, the City Council and Committee desire to establish a standing process for City Council appointee reviews which is set forth in Exhibit "A" attached hereto and made a part hereof by reference (the "Standing Process') WHEREAS, the City Council finds that it is in the public interest to establish the Stand- ing Process for Council appointee performance reviews; 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 the Standing Process for performance reviews and evaluations of the city manager, city attorney and municipal court judge. SECTION 3. This resolution shaH become effective immediately upon its passage and approval. PASSED AND APPROVED this the /i.ffi. day of I2¡u./ L 1~~cL EULINE BROCK, MAYOR ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPR VED A TO LEGAL FORM: EDWIN M. SNYD»TERIM CITY. ATTORNEY ~// BY: r-- EXHffiIT "A" STANDING PROCESS FOR COUNCIL APPOINTEE PERFORMANCE REVIEWS Process Timeline 1. Appointees submit a listing of personal and professional goals January to the Committee for the performance year (March 1 - February 28) 2. Committee reviews the goals and makes recommendations for February changes; meets with appointee to discuss changes 3. Committee presents goals to City Council for input and February/March discussion 4. Committee meets with appointees to discuss any changes February/March Council may have; appointee signs goals which is filed in (following his/her personnel file Council meeting) 5. Committee may meet with appointees for a mid-year review September of goals; changes may be made to the goals based on feedback from the Council, Committee, or appointees 6. Appointees submit a report of accomplishments based on January established goals to Committee 7. Committee reviews accomplishments; meets with appointees February to discuss, especially if there are questions; 8. Committee presents report of accomplishments to Council for February/March review and discussion; Committee makes recommendations to Council as to any performance increases for appointees 9. Appointees meet with the full Council to review and discuss February/March the past year's accomplishments and receive any specific feedback. RESOLUTION s""""",,,"~",-",¡"",.""UC"'j",,"",,-'"""".'œ '. ' RESOLUTION NO.1:<¡Jt75-1J1! A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ACCESS LINE RATE AT THE NEW CPI- ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE, (" HB 1777"), AND DECLARING AN EFFECTIVE DATE. WHEREAS, HB 1777, 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 $1.40 for residential access lines, $3.21 for non-residential access lines and $4.88 for point-to- point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.42 for residential access lines, $3.26 for non-residential access lines and $4.95 for point-to-point access lines; and WHEREAS, the City Council finds that the access line rate should be set at the new CPI- adjusted Maximum Rate in order for the City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Manager or his designee is authorized to inform the Public Utility Commission by sending a copy of this Resolution to the PUC notifying the PUC pursuant to state law that the access line rate should be set at the new Cpr-adjusted Maximum Rate of $1.42 for residential access lines, $3.26 for non-residential access lines and $4.95 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~dayof Ûf1A;£ ,2005. C~~dC EULINE BROCK, MAYOR . . .~"""too..,",_'""",'-UC"j"""",""',",I","" ATTEST: JENNIFER WALTERS, CITY SECRETARY BYlf'lt- r:;, it" -0.7 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY /1~ . BY: 7)OY'O f1'J v."-) ~to Page 2 RESOLUTION FILE REFERENCE FORM 82005-015 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended by Resolution No. 82008-027 08/05/08 J R S:\QUR DOCUMENTSIFISCAL & MUNICIPAL (FINANCE)IOrdinances-ResolutionsIOversight Committee.doc RESOLUTION NO. f~()O5-{)IS A RESOLUTION APPOINTING A SPECIAL FIVE (5) MEMBER OVERSIGHT COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY 5, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council called and ordered a bond election for February 5, 2005, for the purpose of submitting to the voters of the City of Denton certain capital improvements, which bonds were approved by the voters as a result of the election; and WHEREAS, the Citizens Advisory Committee fulfilled its charge of making recommendations relative to the projects which should be submitted to the electorate and, among those recommendations was the suggestion that a special committee be appointed by the City Council to monitor, evaluate, and report on the progress of the Five Year Capital Improvements Program should the same be authorized by the voters; and WHEREAS, the City Council is desirous of accepting such recommendation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby appoints a special five (5) member oversight committee to monitor, evaluate, and report on the progress of the Five Year Capital Improvements Program, authorized by the voters in the special election held on February 5, 2005. The committee shall also make recommendations to the City Council for all projects in the miscellaneous paving improvements, traffic signals, trails/linkages, beautification, and sidewa1k/bikeway funding categories. SECTION 2. The five member committee shall be made up of Mark Burroughs, the Citizens Advisory Committee chairperson; Randy Robinson, co-chairperson, Polly Diebel, the Community Development Project Team chairperson, Rick Woolfolk, the Transportation Project Team chairperson, and Roni Beasley, the Parks and Recreation Project Team chairperson. "-, SECTION 3. This rèsoJution shall become effective immediately upon its passage and approval. " PASSED AND APPROVED this the J tlM day of flpAd ,2005. ¿~A~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY f(nft ~~A / APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: fM8í;/ ~ RESOLUTION S:\OUR DOCUMENTSIResolutions\O5\Cinco De Mayo alcohol sell. doc RESOLUTION NO. f;'()O/;:-O~b A RESOLUTION ALLOWING MI CASITA MEXICAN FOOD TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 7, 2005, 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, Matt Kohandam doing business as Mi Casita Mexican Food (called "Mi Casita") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 7,2005; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Mi Casita 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. Mi Casita shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 7,2005 at the Civic Center Park upon the following conditions: 1. 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. 2. 3. 4. 5. 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 3~{l day of L/flUr C~~~ EULINE BROCK, MAYOR ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Q¡J/h"I-J~ lAij¡kb APP~O LEGAL FORM: EDWIN M. SNYDER, INTERIM CIT ATTORNEY ~ BY: , " . ' F:'adminICiIy Council12005\Cinco de MayolCinco De Mayo ConIract.doc CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS § § COUNTY OF DENTON This Agreement, made this ,ß.ddayof '-If¿~ ,2005, by and between the City of I?enton, a municipal corporation, hereinafter re ed to as the "CITY" and Matt KohandaJlt doing business as MI CASITA MEXICAN FOOD (called "MI CASITA"). 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 MI CASITA the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on May 7, 2005, to be held at the Civic Center Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas authorizing this privilege. This privilege does not extend beyond the date of the Cinco De Mayo celebration set for the year 2005. ARTICLE 2 SCOPE OF SERVICES MI CASITA in order to exercise the privilege to sell alcoholic beverages must perform the following: A MI CASITA 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. B. MI CASITA shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco De Mayo Celebration. C. MI CASITA 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. MI CASITA's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 3 LOCAL RULES AND REGULATION MI CASITA agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. MI CASITA shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. MI CASITA will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE 4 INDEMNITY AGREEMENT MI CASITA 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 MI CASITA or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, MI CASITA shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. 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. B. MI CASITA shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance Cinco De Mayo Celebration ~ment - ~ 2 shall not be canceled or modified without written notice to the CITY and MI CASITA. In such event, MI CASITA shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: ToMlCASITA: To CITY: MI CASITA MEXICAN FOOD: Matt KohandaIIÍ 110 N. Carroll Blvd. Denton, Texas 76201 (940) 891-1932 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and one (1) exhibit, 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 SEVERABll..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. Cinco De Mayo Celebration A \reeIIIeIÚ - FaIle 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, MI CASITA shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL A. MI CASITA represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of; or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABll.J.1'Y MI CASITA shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. {J,()f)5- 01.6 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. B. C. 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 Aweement - P8I!;e 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and MI CASITA has executed this Agreement through its duly authorized undersigned officer on this the ~ day of 'I1[ar- ' 2005. CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4--" APP VED A TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY -4- WITNESS: BY: Cinco De Mayo Celebmtion A~nt - Pa !e 5 EXHIBIT A S:\OUR DOCUMENTSIResolutiorislO51Cinco De Mayo alcohol selLdoc RESOLUTION NO. I{';'IJO/J-O/ Þ A RESOLUTION ALLOWING MI CASITA MEXICAN FOOD TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 7, 2005, UPON CÈRTAIN 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, Matt Kohandam doing business as. Mi Casita Mexican Food (called "Mi Casita") has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 7,2005; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Mi Casita 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. Mi Casita shall be the sole participant allowed'to sell alcoholicbeverages at the Cinco De Mayo Celebration on May 7, 2005 at the Civic Center Park upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; . They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; They shall provide general comprehensive liability insurance fi:om a responsible carrier, with the City as an additional insured, in the amount of$500,000.00. 2. 3. 4. 5. 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 3d day of C¡¡¿llir ë~~vIL EULINE BROCK, MAYOR ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ~ lA}a tkÞ APPR D A TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CIT ATTORNEY BY: RESOLUTION RESOLUTION NO. 1A¡JCð'-OF7 A RESOLUTION RE-APPOINTING TIMOTHY S. FISHER AS THE CITY'S REPRESEN- TATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy S. Fisher ("Fisher"), the Assistant Director of Water Utilities is presently serving as the appointed City of Denton representative to the Board of Directors of the Upper Trinity Regional Water District ("UTRWD"), is scheduled to complete his term of office, effective May 31, 2005; WHEREAS, Fisher has demonstrated a complete knowledge and history of the water is- sues brought up by the UTRWD and is likewise involved with the day-to-day activities involving the Water Utility Department of the City of Denton; he has represented the City of Denton, be- fore the UTRWD very well; and the City Council finds that Fisher has met the qualifications of eligibility for appointment to the UTRWD Board; and . WHEREAS, after due consideration, the City Council of the City of Denton, Texas re- appoints, as its representative to the UTRWD Board of Directors, Timothy S. Fisher, to serve as the Denton representative on the UTRWD Board of Directors for a term of four (4) years, effec- tive May 31,2005; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That Timothy S. Fisher is hereby re-appointed as the City of Denton's rep- resentative, to serve as a member ofthe UTRWD Board of Directors, effective May 31,2005. SECTION 2: That the City Manager, or his designee, is hereby directed to transmit a true and correct copy ofthis resolution to the Assistant Secretary, UTRWD Board of Directors. SECTION 3: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3A-ri day of LfJt tVf ~~dL ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B~ ~JII\\\~J ~~ 0 k A APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY By W ~ cJ=f S:\Our DocumentslResolutions\O5\UTRWD Board Re-Aptmt 2ooS-Tim Fisher Resolution.doc 2 RESOLUTION RESOLUTION NO. {-J[}{J§-clf; A RESOLUTION RE-APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Perry McNeill as a member of the Board of Directors of the Texas Municipal Power Agency will expire on July 18, 2005; and WHEREAS, the City Council of the City of Denton has selected Perry McNeill, the Mayor Pro-Tem of the City of Denton, for re-appointment for another two-year term of the Texas Municipal Power Agency Board of Directors; and WHEREAS, effective on July 18, 2005, the City Council hereby appoints Perry McNeill as a member of the Texas Municipal Power Agency Board of Directors; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That pursuant to the terms and provisions of Ordinance No. 75-22 of the City of Denton, Texas, Perry McNeill is hereby appointed to a two-year term of office on the Board of Directors of the Texas Municipal Power Agency, the term of office beginning on July 18, 2005 and ending on July 18, 2007. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~dayof '1~ ,2005. ~ ~cP- EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY By: /~~J! A ~ S:IOur DocumentsIResolutionsl051Resolution Re-Appointing Perry McNeill-TMPA Board.doc RESOLUTION S:IOur DocumentslCommunity Dev-Housing AuthoritylOrdinances-Resolutionsl05\Lead based paint grant res.DOC RESOLUTION NO.1 A Of) 5 - () / q A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PARTICIPATE WITH THE CITY OF FORT WORTH IN THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM; ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS AND A LEAD-BASED PAINT HAZARD CONTROL PROGRAM DESCRIPTION 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 ALL OTHER APPLICABLE LAWS; 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 very low income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement city, wishes to participate in a grant application with the City of Fort Worth under the Lead:Based Paint Hazard Control Grant Program, under Section 1011 of the Residential Lead-Based Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992) and all other applicable laws, which will include approximately $250,000 for lead hazard control activities within the City of Denton; and WHEREAS, in carrying out these activities, the City of Denton, Texas, intends to comply with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. l70l(u) and will provide training, employment and other economic opportunity for low and very low income persons (as defined in 24 C.F.R. 135.5) and for business concerns which provide economic opportunity for low and very low income person; and WHEREAS, the primary goal for the Lead-Based Paint Hazard Control Grant Program is to reduce the exposure of young children to lead-based paint hazards in their home; and WHEREAS, the City of Denton, Texas has met or will meet all citizen participation requirements, if any, including the holding of public hearings; and WHEREAS, the City Council deems it in the public interest to authorize the City Manager to participate with the City of Fort Worth in the development and submission of the grant application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S:\Our Documents\Community Dev-Housing Authodty\Ordinances-ResoluÜons\05\Lead based paint grunt res.DOC SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Manager to participate in a joint grant submission with the City of Fort Worth to submit to the United States Department of Housing and Urban Development and all appropriate officials thereof, all necessary certifications, grant agreements and other documents as well as appropriate assurances for entitlement of funds under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended, and all other applicable laws, as necessary, to obtain a grant under the Lead-Based Paint Hazard Control Grant 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 City of Fort Worth and the United States Department of Housing and Urban Development, in regard to such grant application. SECTION 3. That the City Secretary is hereby authorized to furnish true, complete and correct copies of this resolution to all interested parties. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the cJ, L/fh- day of If/{ÆAf C~ ~Jc ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~' ~Q~ ~¡ V APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: &J:... 1/ ¿;L- RESOLUTION RESOLUTION NO. f~¡}()5-¡};;: tJ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 208 W. OAK, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has a policy to grant a partial tax exemption for historically significant sites as established by Chapter 10 "Finance and Taxation", Article VII of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the property located at 208 W. Oak, Denton, Texas meets the requirements of a historically significant site since it is a commercial or residential structure, 50 years old or older, and is within the boundaries of the Downtown Commercial District as defined in Sec. 10- 131 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the owner has met all requirements for eligibility for the tax exemption; and WHEREAS, the Historical Landmark Commission has unanimously recommended the approval of the exemption at its meeting of April 4, 2005; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the structure located at 208 W. Oak, Denton, Texas has met all the requirements of Chapter 10, Article VII of the Code of Ordinances of the City of Denton, Texas as amended by Ordinance 98-116 and is eligible for the tax exemption for historically significant sites. SECTION 2. That the City Manager is hereby authorized to execute a tax exemption certificate upon verification of completion of repairs and renovation for the property located at 208 W. Oak, Denton, Texas. SECTION 3. The exemption shall only apply to the historic structure and the land reasonably necessary for access to, and use thereof, by abating any increase in the assessed value for ad valorem tax purposes in excess of the assessed value of the property for the tax year immediately prior to the renovation, for a period of ten years following the completion of the renovation. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thed4~ay of VJ¿ ~ ,2005 ë~k~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ßY~~l,- \ \\ J1:9 I ,A ~ ' APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: UL 17~- F:\sharedldeptILGLIOur Documentsl05lResolutions\208 W. Oak hstoric structme tax exemption.doc RESOLUTION S:IOu' DocumentslCommunity Dev-Housing AuthmitylResolutionslO512005 Action Plan.DOC RESOLUTION NO. if ~ t!(),t;-- 0:< / 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 2005-2009 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2005 ACTION PLAN 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 prografn for utilizing its 2005-year entitlement funds and program income in the approximate amount of $1,645,409 and has also prepared an amendment reallocating $100,000 in 2004 CDBG funding; 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 2005-2009 Consolidated Plan and a 2005 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 Director of Economic Development to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the certifications. SECTION 3. That the City Secretary is hereby authorized to fumish copies of this resolution to all interested parties. SECTION 4. That this resolution shall become effective immediately upon its passage and approval. S:IOuc DocumcntslCommunity Dev-Housing AuthorityIO,dinance,-R,"olution,105\2005 AcÜon Plan.DOC PASSED AND APPROVED this the eX t/d day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~t- \~t\ ~-h,'y APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY ~) J J. BY:~ 7Î~ cJ/{.tUf ~ ~ /Â;cL EULINE BROCK, MAYOR ,2005. Page 2 RESOLUTION S:IOm Docume""IResoluÜonsI05IResolution DCT A Route Final amended.doc RESOLUTION No.;f.jJ.,(}O5-rfJ;?;2. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY ("MKT") THAT RUNS PARALLEL TO 1-35 EAST BETWEEN NORTH CARROLTON AND DENTON, WITH AN ULTIMATE TERMINUS WITHIN DOWNTOWN DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority ("OCT A") through an agreement with the North Central Texas Council of Governments has commissioned a study on the DCT A approved service plan; and WHEREAS, as a part of the study, DCT A has held a series of public hearings to receive feedback on alternatives to the regional rail component of the service plan; and WHEREAS, three alternative rail routes between North Carrollton and Denton are being considered by DCTA; and WHEREAS, the City Council of the City of Denton has found and determined that the preferred route is the proposed route utilizing the right-of-way on the former Union Pacific line ("MKT") which is parallel to Interstate 35 East (I-35E) and terminates in downtown Denton (the "Preferred Route"); and WHEREAS, given that the City Council for the City of Denton has found and determined that the preferred route is the former Union Pacific line (MKT), the Denton City Council encourages OCT A to evaluate the feasibility of rail service to Highland Village via a rail spur from the Union Pacific line (MKT) using the Kansas City Southern Line (KCS); and WHEREAS, the Preferred Route will help to achieve and support Denton's Downtown/Central Business District as one of four major initiatives in the City of Denton's Strategic Plan for Economic Development that was approved by City Council in May 2003; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, 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 does hereby formally endorse and advocate the Preferred Route for the regional rail component of DCT A's service plan. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. S:IOm Docum,n"IRe;oluÜon,\(15IR,mlution DCT A Route Final amcodcd.doc PASSED AND APPROVED this the ;z,t/tJ day of 1 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY rf.-J I {) a Üw APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER. INTERIM CITY ATTORNEY By:~,~.,':Il¡-~'~ ~PncIL ,2005. EULiNE BROCK, MAYOR Page 2 of 2 RESOLUTION ,.o.,,~.mw"","" &M'"";~"'""""",ro'm',""'" """m"""""'""'~ RESOLUTION NO. if,J.0{/'f~tJrJ<3 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 Mayor Olive Stephens of the Town of Shady Shores, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30,2005; and WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.c.S.) provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by participating municipalities located in whole or in part in the District; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby nominates Mayor Olive Stephens as a member to the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton County for a two year term to commence October 1,2005. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1iÆ day of Q7JAf / ~r¡.~~ /lJ ~ EULINE BROCK, MAYOR ,2005. APP VED A TO LEGAL FORM:.' EDWIN M. SNYDER, INTERIM tY ATTORNEY BY: S'OmDo,"~",'Fi",'& M"ic;p,'(Fi,,",,)<R',""';O",'91' "o",;"",~mb"do, RESOLUTION S:IOuc DocumentslFiscal & Municipal (Financc)ITax CoITespondeocclDcnton Appcaisal Distcict\2006 Den ConIcal Appcaisal Dist Budgetdoc RESOLUTION NO. 1/ /J.O(}/i- ()Jl,£/ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 2006 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2006 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton on May 26, 2005; and WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expenditure, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council, pursuant to Article 6.06 of the Texas Tax Code, approves the 2004 proposed budget of the Denton Central Appraisal District. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2iiL day of (jtIf7..l./ ,2005. ~~~ r EUL BROCK, MAYOR c¡~J(~ti~ / BY: RESOLUTION RESOLUTION NO. i(J./J/)CJ- (}J, 5'" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING LOW-MODERATE INCOME HOUSING TAX CREDITS AND TAX EXEMPT BONDS PROVIDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR PROVIDENCE PLACE II, A MULTI-FAMILY DEVELOPMENT GENERALLY LOCATED IN THE 3500 BLOCK OF HUDSONWOOD DRIVE IN THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) has received an application from Quail Creek South, LP, a Texas limited partnership for tax-exempt bonds and 4% tax credits for the Providence Place II project, located at approximately the 3500 block of Hudsonwood Drive, Denton, Texas 76208; and WHEREAS, under the rules in the 2005 Qualified Allocation Plan and Rules (QAP), if the development is located in a municipality that has more than twice the State average of units per capita supported by Housing Tax Credits or Private Activity Bonds, the applicant must obtain prior approval of the development from the governing body of the municipality in which the proposed development is located; and WHEREAS, as a condition for being awarded the Private Activity Bond allocation from the Texas Bond Review Board, the Applicant has committed to renting 100% of the units to residents with household incomes capped at 60% or below the Area Median Family Income (AMFI), in compliance with the maximum Low Income Tax Credit rents as published by the TDHCA; WHEREAS, the Providence Place II project will provide needed affordable housing while paying full property taxes assessed by the local taxing units; and WHEREAS, the City of Denton desires to support the development of this housing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. The City of Denton approves and supports the Providence Place II project, limited to a maximum of 252 multifamily housing units comprised of approximately 51 one bedroom units, 113 two bedroom units, and 88 three bedroom units located at approximately the 3500 block of Hudsonwood Drive, Denton, Texas 76208 and further supports the award of tax- exempt bonds and 4% low income housing tax credits pursuant to §49.5(a)(7)-(8) of the Qualified Allocation Plan, subject to the conditions set forth herein. SECTION 2. Prior to receiving a conditional City of Denton building permit required by TDHCA prior to closing on the tax credits, the Project Developer will comply with the City of Denton Building Inspection Department with regard to security related design standards and other site design standards required by the City of Denton. SECTION 3. The City Manager is authorized to deliver a copy of this resolution to the Applicant and the TDHCA with a written statement of support by the City Council referencing §49.5(a)(7)-(8) of the Qualified Allocation Plan, subject to the conditions set forth herein. SECTION 4. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the :lfiL day of Y/(j1 ¡J./ ,2005. P:ZB~1f!l:!! ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: Page 2 RESOLUTION """"',om'"""'<,'&M"""'~"""'"'<'~o"'""""""'2""'"""",,, RESOLUTION NO. {J.~ rJb- ()~ f; A RESOLUTION APPROVING THE FISCAL YEAR 2006 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 2006 Draft Financial Plan (Budget) of the Denco Area 9-l~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. The City Council of the City of Denton hereby approves the 2006 Fiscal Year Draft Financial Plan (Budget) of the Denco Area 9-1-1 District attached to this Resolution. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ t~ day of 9¿¿¡-¿¿ ,2005. ¿~l3zocL EULINE BROCK, MA YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY'^"ì~- \~D-~t¿,. ¿ BY: RESOLUTION RESOLUTION NO. 1 J.!)!) 5 - (),J 1 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY OF DENTON TO ADOPT THE INTELLIGENT TRANSPORTATION SYSTEM DEPLOYMENT PLAN (ITS); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1992 the United States Congress passed the Intermodal Surface Transportation Efficiency Act (lSTEA) from which emerged intelligent Transportation Systems National Architecture and Standards; and WHEREAS, the Transportation Efficiency act for the 21st Century, (TEA-2l) and now the Transportation Efficiency Act for 2003 ( TEA-3), which is in process in Congress require continued funding for ITS projects for 2004 thought 2008; and WHEREAS, TEX-2l and upcoming TEA-3 require that all ITS projects for which funding is sought shall be in accordance with an ITS Deployment Plan; and WHEREAS, the City of Denton desires to adopt the ITS Deployment Plan, attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. That the City Council of the City of Denton, Texas, adopts the Intelligent Transportation System Deployment Plan (ITS) for the City of Denton, Texas, attached hereto. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. 1t (}/1J1t?, PASSED AND APPROVED this the;'/~ day Of~, 2005. ¿~~~ EULINE BROCK, MAYOR ATTEST: ~ ~ LTERS. "\'" SECRbT ARY BY: N\;'J~^----, \~) Œ ~ru.hJ \ ~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTE ITY ATTORNEY BY: ~ (() S'O"",","~","\Ú'ol",;"",\O"ITSP",,",";,,"DOC "\ , ~ '~;,.......... ~ ~~ r..~ ~ ..- .~.~.'" ._--- -- A:Jd DEN'1'ON CITI OF DENTON ITS DEPLOYMENT PLAN VOLUME V EXECUTIVE SUMMARY ¡--- --- ._- --~. ---.~ ~. i - "j . íJ' [;j Ij lm~) ¡p ~ l;f¡rnlJ1J ~~~ \b 1iIJlJ1J l!Wf gj April 2005 EXHIBIT 1 City of Denton - ITS Deployment Plan Volume V - Executive Summary Table of Contents 1.0 Introduction 2.0 Need and inventory findinos 2.1 Arterial Traffic Management 3.0 Emergency Operations Center 4.0 Emergenc)l. Dispatching Center Functional Uoorade 5.0 Advanced Public Transit Svstem IAPTS) 6.0 Summary 4 4 8 10 11 13 Page - I @J City of Denton - ITS Deployment Plan Volume V - Executive Summary Executive Summary for City of Denton - Intelligent Transportation System Deployment Plan 1.0 Introduction In 1992, the US Congress passed the Intermodal Surface Transportation Efficiency Act (ISTEA) from which emerged Intelligent Transportation Systems National Architecture and Standards. Under sponsorship of the US Department of Transportation (US DOT), Federal Highway Administration (FHWA), and supported by National and International standards organizations such as the Institute of Traffic Engineers (ITE), National Electrical Manufacturers Association (NEMA), Institute of Electrical and Electronics Engineers (IEEE), American Association of State Highway and Transportation Officials (MSHTO), the Society for Automotive Engineers (SAE), American National Standards Institute (ANSI), Telecommunications Industries Association (TIA), the International Standards Organization (ISO-204), and other standards were and are being deveioped to support surface transportation systems deployment. The Transportation Efficiency act for the 21 Century (TEA-21) followed ISTEA and now the Transportation Efficiency Act - 2003 (TEA-3) is in a congressional process. TEA-3 will provide continued funding for ITS projects for 2004 through 2008. In 2001, the US Congress dictated that the Federal Transit Agency (FTA) comply with National ITS Architecture and standards as a condition for project funding. The TEA-21 Legislation required all Traffic Management and Commercial Operations related to projects to comply with National Architecture and standards. Furthermore, the TEA-21 (and certainly the TEA-3 upcoming legislation) required that all ITS projects for which funding is sought will be in accordance with an ITS Deployment Plan. Therefore, the ITS Deployment Plan must: Be developed through stake-holder inputs Consider existing. usable infrastructure Comply with National Architecture and standards or show the transition to standards compliance Support regional interoperabiiity The North Central Texas Council of Governments, through which project grant requests are processed. fully supports the national objectives and is providing coordination to assure ITS Systems within the North Central Texas region support international standards as defined by ITS standards architecture. Page - 1 êJ City of Denton - ITS Deployment Plan Volume V - Executive Summary ITS encompasses, within the City of Denton, TX Arterial Traffic Management Emergency Management Public Transportation Management Traveler information preparation and distribution and/or accessibility to travelers Airport land-side operations Commercial Vehicle Operations as associated with Intermodal Transportation Commercial Centers and Commercial Travel Information Access. Hubs, The function of ITS is to improve the efficiency and safety of travel on arterial corridors by travelers whether a private traveler using a personal vehicle, a commercial traveler or a traveler using public transportation. The improvement in travel efficiency and safety is achieved through application of modern technology proven through test and evaluation supported by FHWA, FTA and associated national laboratories. Through more efficient travel, air quality is improved, fuel is saved, and traveler time can be more productively utilized. Thus, there is a clear cost savings. Improved travel safety and security means reduction in loss of life and property which again provides clear benefits. The FHWA has conducted many past ITS deployment evaluations and have identified derived benefits. Within this plan, the derived benefits versus cost provide the benefit-to-cost ratio. ITS offers significant benefits for the deployment investment. Since September 11, 2001 (9-11), homeland security has become a major issue. At the federal level, the office of homeland security has been established and the US Congress is in the process of making it a major agency. The Governor of Texas has formed a homeland security taskforce and the NCTCOG has appointed a Regional Homeland Security Coordinator. Major federal funding is anticipated to support improving homeland security at the state, regional and local level. Intelligent Transportation Systems provide the core infrastructure to support the security and defense of our cities from a surface access and disaster recovery standpoint. ITS provides the communications infrastructure to the street corners and sensors to support traffic surveillance. ITS already includes Hazardous Material (HAZMAT) transportation management and sensors are available to identify and alarm traffic engineers and law enforcement of unauthorized vehicles on non-HAZMAT corridors. ITS supports interoperability between emergency management for rapid response and with public transit to coordinate rapid evacuation. The City of Denton has high potential target areas for terrorism and thus ITS deployment in the city can support improved security objectives for the North Central Texas Region. Page - 2 êJ City of Denton - ITS Deployment Plan Volume V - Executive Summary The City of Denton ITS Plan was developed using: Stake-holder inputs of problems, needs and priorities Inventory of existing ITS applicable infrastructure within the city Developing the architecture for ITS deployment within the City of Denton utilizing National ITS Architecture, standards and computer modeling tools. This includes coordination of: 0 0 0 ITS Use Services ITS market packages ITS equipment packages Translating ITS architecture to a physical architecture which: Meets needs and standards Allows multiple vendor solutions and long-term supportability using open standards. . From which deployment cost can be developed and benefits/cost can be determined. Assessing foundation system deployment requirements as well as user needs priority in finalizing the deployment plan. The plan is presented in five volumes: Volume 1 Volume 2 Volume 3 Volume 4 Volume 5 Data Collection ITS Architecture Model, Turbo Architecture Modeling Software Conceptual Design of ITS Infrastructure and Functional Capability ITS Project Cost Benefits and Deployment Plan Executive Summary (this document) The city is planning to prepare a separate plan for "LINK" and thus the needs were identified and Advanced Public Transit Systems (APTS) architecture considered in the ITS modeling. Page - 3 ~ City of Denton - ITS Deployment Plan Volume V - Executive Summary 2.0 Need and inventory findings The study concluded that the following three ITS subsystems/centers were not up to state-of- the-art. Arterial Traffic Management Center/Systems Emergency Operations Center/Systems Transit Management Center/Systems These existing centers could not easily be transitioned to ITS standards supporting required functionality and interoperability. Thus, new center/systems were required. The study also found that the Public Safety Access Point (911 )/Emergency Dispatching Center/system which supports 24 hours/7 days per week response to emergency service requests was recently modernized and that modifications could bring it up to full state-of-the-art capability supporting center-to-center interoperability. In addition, the study found an established planning activity by the Emergency Management Team to deploy a Mobile Emergency Management Center. Considering its political role in homeland security, the Mobile Emergency Management Center was considered as a high priority deployment. 2.1 Arterial Traffic Management System The Arterial Traffic Management System (ATMS) was defined as the highest priority for deployment. The reason for its high priority is that the ATMS provides: Foundation infrastructure for all other centers Manages corridors associated with all other centers Can improve travel efficiency and safety on arterial corridors as proven in many national ITS deployments. Can communicate with en-route travelers Provides the nucleus for center-to-center interoperability within the City of Denton The Deployment Plan includes: New field traffic sensors, controllers and electronic messaging Modern field communications infrastructure supporting growth as the city grows Modern center with functionally integrated software, open architecture computer and workstation environment and management display. Automated congestion management and incident management minimizing work load of the city traffic engineer. Page - 4 ~ City of Denton - ITS Deployment Plan Volume V - Executive Summary Ability for the traffic engineer to manually or automatically generate and distribute traveler information. Recommends coordination between city of Denton and TxDOT for managing freeway traffic on arterials. The plan shows: Deployment cost: Deployment benefits: Benefits/Cost: $4.8 million $123.33 26:1 Multiple funding sources have been identified. The City hard match plan is (10% to 20%). Mobile Emergency Management Center The Emergency Operations Management has initial funding and is planning a Mobile Emergency Management Center. This project was considered as the second highest priority because: The current condition and limitations of the Emergency Operations Center (EOC) Serviceability needs for a EOC which can be supported by a mobile center The mobile center requires additional funding which is certainly available to fully meet operational needs and ITS standards Page - 5 êJ City of Denton - ITS Deployment Plan Volume V - Executive Summary The PSAP/Emergency Dispatching Center is reasonably modern Homeland security emphasis dictates priority attention to emergency operations thus full funding for the Mobile Emergency Center was considered as a significant priority. The mobile center would: Be capable of being deployed to a safe location or at the scene of the disaster for onsite management Include mobile communications with all city emergency assets and assets of supporting jurisdictional emergency resource (per city inter-jurisdictional agreements) Provide responsive and effective information presentations to emergency management staff Interoperate with other city ITS centers via wireiess digital links Facilitate public broadcast media and FEMA network interface The plan shows: Deployment cost: Deployment benefits: BenefiUcost review: $430,000 $10 million 23:1 Funding sources include: Department of Public Safety Homeland Defense Department of Justice FHWA Page - 6 ~ City of Denton - ITS Deployment Plan Volume V - Executive Summary An example of mobile emergency management center similar to that in the deployment plan is shown below. -. ~~i .-.'. .. .~ "11 t. ".~--' ..:"'= ~ a. a...a._- ~._M'~ , \ -. II i I j - -, ~~- - '." 7 r¡;¡¡---- ,---'. -~'-..'-- ~ ~'r\.' -0:-. ;~'-""'" ',-. '~~~'j~.~--" - ~-"- . Page - 7 êJ City of Denton - ITS Deployment Plan Volume V - Executive Summary 3.0 Emergency Operations Center The Emergency Operations Center (EOC) is the ITS Center established to manage major man- caused or nature-caused disasters. Characteristics of these disasters are: High probability of major loss of property and life. Usuaily requires area evacuation and associated protection against looting and acts of vandalism against non-occupied and possibly physicaily compromised property May require non-jurisdictional emergency resources including those from County, other Cities, State, National Guard and even possible private emergency resources such as public utility repair teams Involve high level city management decisions The current EOC for the City of Denton is not state-of-the-art and has deficiencies in communications, emergency information access and aids for responsive high ievei management decisions. Many cities are coilocating the EOCs with Advanced Traffic Management Systems which provide real-time management information on arterial corridors and real-time interoperability with the Emergency Dispatching Center and Transit Dispatching Center. This is recommended for the City of Denton, which wiil result in cost savings by sharing of communications and management deployed infrastructure. The EOC is always ready for operations and is only staffed during a crisis. Staff members are pre-selected and pre- assigned. The EOC is defined as priority 3 because the Traffic Management Center is the foundation and the Mobile EMC can support interim operations. The new EOC wiil include: Survivable communications including wireless links to City emergency resources and ability to communicate with supplemental emergency resources Emergency information processing that provides current status of the crisis. significance of the destruction. remaining city resources, and management decision aids Management display devices that provide EOC staff instant access to information and assist in coordinated action The EOC wiil make high level decisions concerning evacuation, ailocation of emergency resources, and coordination of resources. It will provide emergency Information to citizens and provide public broadcast media interface. The EOC's responsibility is to save lives and property through effective management of a crisis. Page - 8 [[] City of Denton - ITS Deployment Plan Volume V - Executive Summary The plan shows: Deployment cost: $2 Million Deployment benefits: $120 Million Benefit/cost review: 60:1 Funding Sources include: Department of Public Safety Homeland Defense Department of Justice FHWA and more Emergency Operation Center, Rome Page - 9 ~ City of Denton - ITS Deployment Plan Volume V - Executive Summary 4.0 Emergency Dispatching Center Functional Upgrade The Emergency Dispatching Center with Public Safety Access Point (911 call center) is reasonably new and state-of-the-art. The depioyment of upgrade is considered to be high priority in ITS deployment, upgrades need to include: Adding graphical display of emergency locations, vehicle locations and status Providing video access from TMC, related to corridor congestion status and video of an incident Providing upgraded in report generation techniques Transfer the 91 1 center to full E911 capability The deployment plan includes: EMC upgrade planning cost EMC upgrade benefits Benefit/Cost Ratio $1 Million $15 Million 15:1 Usually funding is provided by several federal and state agencies like Department of Public Safety, Department of Health, FHWA etc. The federal funding usually comes as 80% and remaining 20% is a locai match. Page - 10 ~ City of Denton - ITS Deployment Plan Volume V - Executive Summary 5.0 Advanced Public Transit System (APTS) Intelligent Transportation Systems initiative places a great importance on effective management of Public Transit System and the associated efficient operation of fixed routes and on-demand (Paratransit) vehicles. Public use of transit reduces arterial congestion and contributes to improved air quality. Reliable scheduled services, attention to public transit traveler safety and use of SMART Cards to make fare payment have proven to help improve ridership. The transit system further provides evacuation support during a crisis. The deployment plan for the APTS is to be separate. The scope of this plan precluded a full analysis of transit operations and a top level design. This document includes an analogy to the typical APTS. The APTS includes: SMART vehicles with Automated Vehicle Location (AVL), driver information, traveler information, traveler security, automated passenger count with a digital wireless link to a modern management center Modern informatiòn system with standard software supporting AVL, Computer-Aided Dispatching, driver briefing, vehicle management, emergency management and Traveler information/trip planning. Management displays for overall operations management and statistical data gathering and analysis for performance evaluation and new route/schedule planning The APTS is prioritized as 5th in deployment priority. The reason is that emergency management is considered to be a higher priority and of more importance to the citizens of the city. The deployment plan includes: Deployment Planning Cost: $ 530,000 Vehicle Intelligence: $1.4 million Center System Total: $2.2 million Deployment Benefits: $39.74 million Benefit/Cost Ratio: 15 to 1 Funding is anticipated to be available from Federal Transit Administration. Page - 11 [êJ City of Denton - ITS Deployment Plan Volume V - Executive Summary Advanced Transit Dispatching Center, Atlanta Page - 12 ~ City of Denton - ITS Deployment Plan Volume V - Executive Summary 6.0 Summary ITS deployment is very important to: Citizens of the City of Denton Commerce within the city North Central Texas region ITS deployment shows that a city cares about the efficiency and safety of its arterial infrastructure and response to emergencies. Modern, reliable traveler information provides traveler confidence that arterial corridors are being managed and that public transit is available to meet traveler needs. This is an important plan for the "blue print" for meeting national architecture and standards as well as being capable of participating in regional: Traffic and emergency management Public transportation services on a regional basis Regional traveler information and trip planning Contribution to the commercial vehicle operations on 1-35 (NAFTA Corridor) Regional homeland security Page - 13 [[] City of Denton - ITS Deployment Plan Volume V - Executive Summary City of Denton ITS Deployment Plan Stakeholders City of Denton, Jerry Clark, Assistant Director, Streets, Drainage, and Traffic Utility Field Services Jack Richardson. Traffic Manager Mark Nelson, Director of Airport Transit Operations Stan Nixon, Public Transportation Manager - LINK Clovis George, Sergeant, Denton Police Department Support Services Ross Chadwick, Fire Chief University of North Texas Richard Deter, Director / Chief-of-Police Ed Reynolds, Sr. Associate Director, Deputy Chief-of-Police Kurt J. Neufang, Assistant Director, Parking & Transportation Services Gary C. Gailliard, Associate Director, Assistant Chief of Police Texas Department of Transportation Robert Bacon, Dallas District, Assistant Freeway Management Engineer Keith D. Nabors, Denton County, Roadway Maintenance Supervisor V Philip E. Simons, Denton County, Roadway Maintenance Supervisor, II Claud P. Elsom (Buzz), Denton County, Area Engineer Denton Independent School District Douglas B. Becker, Assistant Director of Transportation Chris Oller, Supervisor of Routing North Central Texas Council of Governments Natalie Bettger, Senior Transportation Planner Dan Rocha, Principal Transportation Planner Denton County Sheriffs Department Bob Powell, Captain Page - 14 @] City of Denton - ITS Deployment Plan Volume V - Executive Summary Technical Committee Jerry Clark, Assistant Director, Streets, Drainage, and Traffic Utility Field Services Jack Richardson, Traffic Manager Mark Nelson, Director of Airport Transit Operations Stan Nixon, Public Transportation Manager - LINK Bernard (Bud) Vokoun, Senior Engineer-Traffic Engineering & Capital Projects Division Engineering Department Loyd Burns, Lieutenant, Denton Police Department John Hudson, Emergency Coordinator KCS Systems Team Bruce Abernethy, PE, PhD Page - 15 ~ ~~'n .~~] ~r, ~~'~l;~~-'~\(C{"~~~iÇf~j~"f~ ~::. (', ~~~"jr~ I " '~ð~\~l,) ~;~i,,1 tl, Jt,~\:\:{~;~~..~,g~i.?.;. ~t ".g~~~$~~";~;'; ~j L/=.';r r:-f-=é'L:'J3, t~' 1~3~\"v~~,~, '-. ",o.i'r¡,.~"J.~ ,'~ 1"I,"~( ¡'. 1i,',.~I'L'I.'..::.\.,v:,~.,~~:,~,.....h:,.~;.,/ .',.~v>"'~'.F.'1,~~;,;.'~l~~.)ib ."'i,i..'j I . r ",."",~,.,.,."",,'F~I ~Qi~~I1i""n""'il="n=.IO. ",:>¿,.:tJa' .iP I';, (><) ,",;,,>"'~;v =~3""Y-.ro lJ;,,~,¡:r~~ ' (:.,;f' , . ~..\ , , ".\., J), ',a.'l""",~"",v .",. .c,..,' :', \, . ~::'"L-::,)',j..:~:".~.1 ",Ç-. '.:"::',~"c, "'I è' :(.:~l '~<o; 1r~,Q1 Pr~~ton ~Ó~d;"Sìii~~>1~,~~S':"p:~~v . '.,,:>. . " "'. ~ \ \.(,,~,~..JL"-Dallas"Texas~75248~~/1=--;',-\ ,/ ,.,', " /",,\ \.I~,,:,)'~;r;ó; 'Þ.J9t:i:3'áÕ.:6363,'\ if : ( ":\ !,<"":"" . I '., ,j~ì'..y:'~'~ .c,,"":..'\~"P';'L;',,\,J~ .dO' ~KI9}o)j; '. ., ".--t.,. ,L'^.' ".{+:.F.972~380-6367." - ...¡^,~>..~",.! ~ r- ,-,,\¡. ".('; . \'\.l'\,\.'.i~¡;:",;J~::;ç 'C.\.'."'.'."AÌJ.'\UJ\VII,Jl,"'.'""rf"').,~.,",, I'D' -60" '.-.v.Ä~"~~'\'. ....)<V" 'ì\""'~= < 2F.!'"1 ~"'.;'-- ",,~,-. J\ - \Il"( -:V-~I--¡ 1', ""~".~".'7",¡,\;;~. 7.J 0 ""'V~'. ',,- ,,/0' I nt' 11'\\,J¡\¡;';'Ç"'('~>J'O-' . ['-~"""u_~"'- o.':'-'J} .."",~,', .,1.. O"'cU,,~)'/"<'. . . '\. ',.'" . ")\..""',,15'...,r,"'" "",c\..7Ii'r'H ;:'L~\:~)I.I""~.Î';;"1. \t(¡¡'V' ~' "I ". ',..'-,..1. '."-""",."-"'-", r!i\,\t/ ",\' ¿'::;:':7t\~~" ...r ,~v-<:",".. "'\ ',.¡~, , . '> \, 'C.. F" ". "'.V-(' -, " " "r'\c'~1,','.. l;;A'l'C"(¡;;'~)\(\~{)' ~" U~"';""_/ /),;~ ~T:(!L~:.i""." ~,:'3~~;'~:L~ \ : . . ~ RESOLUTION . S:\Our Documents\Rcsolutions\05\ICA DCTA-Link Rcso 2.doe RESOLUTIONNO,1)2tJ05-02f3 A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT FOR THE SALE AND PURCHASE OF ASSETS RELATED TO LINK PUBLIC TRANSPORTATION SERVICE FROM THE CITY OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Denton and the Denton County Transportation Authority are authorized by law to purchase and sell assets, including rolling stock; and WHEREAS, the City of Denton desires to sell all assets related to LINK public transportation service and the Denton County Transportation Authority desires to purchase all such assets; and WHEREAS, the agreed,upon price for the asset sale and purchase is $233,000; and WHEREAS, both parties intend to enter into an interlocal cooperation agreement (lCA) detailing the terms and conditions of the asset sale and purchase no later than September 30, 2005; and WHEREAS, prior to execution of the ICA, the Denton County Transportation Authority is in need of the use of the assets currently owned by the City of Denton in order to continue to provide UNT campus shuttle services beginning August 21, 2005, and the City of Denton agrees to allow the use of all necessary rolling stock for such service prior to completion of the asset sale and purchase ICA; and WHEREAS, prior to execution of the ICA, the City Council of the City of Denton believes it is in the public interest to agree to continue to provide, pursuant to the existing Agreement between the parties dated September 7, 2004, fuel, facilities, utilities and all other equipment and services necessary for the LINK public transportation and UNT campus shuttle operations to the Denton County Transportation Authority or its service contractor; and WHEREAS, once the ICA is executed, the City Council understands that the Denton County Transportation Authority will agree to maintain all applicable and necessary insurance coverage for the newly acquired assets, including rolling stock; and WHEREAS, once the ICA is executed, the City Council deems it is in the public interest for the City of Denton to transfer all applicable titles and ownership records, as well as assign the federal and/or state grant interest, to the Denton County Transportation Authority; NOW, THEREFORE, S:\Our Documents\Resolutions\05\IC^ DCT^-Link Reso 2.doe THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That 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, That the City of Denton and the Denton County Transportation Authority are authorized to continue to negotiate and complete the sale and purchase agreement related to all assets associated with LINK public transportation service, SECTION 3, That the Denton County Transportation Authority is authorized to use of all necessary rolling stock related to LINK public transportation service until the Denton County Transportation Authority and the City of Denton have completed negotiations and agreed to the terms of the Interlocal Cooperation Agreement transferring all LINK assets, SECTION 4, That the City Council expresses its intent to approve the Interlocal Cooperation Agreement and to authorize the Mayor of the City of Denton to execute the Agreement in the name of the City of Denton after it is approved as to form by the City Attorney and the parties agree to its terms, SECTION 5, That this Resolution is contingent on the Chairman of the Denton County Transportation Authority being authorized to execute the lnterlocal Cooperation Agreement in the name of the Denton County Transportation Authority by appropriate action of the Denton County Transportation Authority's Executive Board, SECTION 6, This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ;2.r;,-;-lLdayof quJ'r ,2005, ~/JucL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS TO LEGAL FORM: EDWIN M, SNYDER, CITY A TTOR BY: Page 2 of3 S:\Qur Documents\Resolutions\05\ICA DCTA-Link Reso 2.doc I hereby certify that this resolution was adopted by the Executive Board of the Denton County Transportation Authority on July 28,2005, F, Charles Emery, Chairman Denton County Transportation Authority Page 3 of3 ~. :J;' Stfo9~RT~!ger July 29,2005 RIDER SCOTT Direct Dial: 469.287.3929 rider.scott@strasburger.com Jennifer Walters City Secretary City of Denton 215 E. McKinney Street Denton, TX 76201 RE: Resolution 59-05 as Adopted by the Board of Directors of the Denton CoLlnty Transportation Authority Dear Ms. Walters: Enclosed please find a duplicate original of Resolution 59-05 "A Resolution of Intent of the City of Denton, Texas, to Enter into an Inter/ocal Cooperation Agreement for the Sale and Purchase of Assets Related to LINK Public Transportation Service from the City of Denton to the Denton County Transportation Authority; and Providing an Effective Date." The Resolution was adopted during the regularly scheduled Board of Directors meeting on July 28, 2005. An original has been retained by the Denton County Transportation Authority for its records. Sincerely yours, ~~~;\ Rider Scott RS/lpf Enclosure cc: J. Hedrick, ED. (w/o encl.) 783984.1/SP3J13144/0100/072905 2801 Network Boulevard, Suite 600 . Frisco, Texas 75034 . 469.287.3900 tel. 469.287.3999 fax. . www.strasburger.com Strtl\hurger 6 Price, UP t\lJsUn . Collin County . Dollos . Hou~ton . San Antonio . Washinglon n.c. Strmburger fi Prke, SC - Mexico CitlJ .. .. RESOLUTION NO. ~~ -oS A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT FOR THE SALE AND PURCHASE OF ASSETS RELATED TO LINK PUBLIC TRANSPORTATION SERVICE FROM THE CITY OF DENTON TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the Denton County Transportation Authority are authorized by law to purchase and sell assets, including rolling stock; and WHEREAS, the City of Denton desires to sell all assets related to LINK public transportation'service and the Denton County Transportation Authority desires to purchase all such assets; and WHEREAS, the agreed-upon price for the asset sale and purchase is $233,000; and - WHEREAS, both parties intend to enter into an interlocal cooperation agreement (lCA) detailing the terlns and conditions of the asset sale and purchase no later than September 30, 2005; and WHEREAS, prior to execution of the ICA, the Denton County Transportation Authority is in need of the use of the assets currently owned by the City of Denton in order to continue to provide UNT campus shuttle services beginning August 21,2005, and the City of Denton agrees to allow the use of all necessary rolling stock for such service prior to completion of the asset sale and purchase ICA; and WHEREAS, prior to execution of the ICA, the City Council of the City of Denton believes it is in the public'interest to agree to continue to provide, pursuant to the existing Agreement between the parties dated September 7, 2004, fuel, facilities, utilities and all other equipment and services necessary for the LINK public transportation and UNT campus shuttle operations to the Denton County Transportation Authority or its service contractor; and WHEREAS, once the ICA is executed, the City Council understands that the Denton County Transportation -Authority will agree to maintain all applicable and necessary insurance coverage for the newly acquired assets, including rolling stock; and WHEREAS, once the ICA is executed, the City Council deems it is in the public interest for the City of Denton to transfer all applicable titles and ownership records, as well as assign the federal and/or state' grant interest, to the Denton County Transportation Authority; NOW, THEREFORE, .. .io THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the findings set forth in the preamble of this Resolution arc incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. That the City of Denton and the Denton County Transportation Authority are authorized to continue to negotiate and complete the sale and purchase agreement related to all assets associated with LINK public transportation service. SECTION 3. That the Denton County Transportation Authority is authorized to use of all necessary rolling .stock related to LINK public transportation service until the Denton County , Transportation Authority and the City of Denton have completed negotiations and agreed to the terms of the Interlocal Cooperation Agreement transferring all LINK assets. SECTION 4. That the City Council expresses its intent to approve the Interlocal Cooperation Agreement and to authorize the Mayor of the City of Denton to execute the Agreement in the name of the City of Denton after it is approved as to form by the City Attorney and the parties agree to its terms. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 28th day of July 2005. ATTEST: ~<2r~taP~.. APPROVED AS.TO AORM: - ~ 191 ~ Rider Scott, General Counsel - Th~ Denton County Transportation Authority in acting on Resolution No. 59-05, did on the 28 day of July, 2005 vote as follows: . Charles Correll FOR ,/ AGAINST Charles Emery ../ Randy Hunt Van James / 7 83S55.21SP3/13144/0 1 00/072805 , . Skip Kalb ./ Mike Leavitt ./ Doug Peach V Jason Pierce Joseph O. Roy V Paul Ruggiere v' Tom Spencer ,/ Fernando Villarreal >/ Bill Walker ./ 733855.21SP3/13144/0100/072805 RESOLUTION S:\Our Documents\Reso\utions\OS\tax public hcaring.doc RESOLUTIONNO.I{Zt?OS-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 20, 2005 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2005 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 6, 2005 AND SEPTEMBER 13, 2005; REQUIRING PUBLICATION OF ,A NOTICE OF PUBLIC HEARINGS 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 $0.60815 per $100 valuation, which will exceed the lower of the rollback rate or effective tax rate, in accordance with the requirements of the Tex. Tax Code ch. 26 and to schedule two public hearings 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 2005 tax year of $0.60815 per $100 per valuation that will exceed the lower of the rollback rate or the effective tax rate. SECTION 2. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMA TEL Y $30. SECTION 3. The City Council herehy approves the placement of an item on the September 20, 2005 City Council public meeting agenda to vote on a proposed tax rate of $0.60815 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. I SECTION 4. The City Council hereby calls two public hearings 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 6, 2005 and September 13, 2005 at 6:30 p.m. The public hearings will not be held until at least seven days after notice of the public hearings have 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, or his designee, is hereby directed to publish said notice in accordance with this resolution and in accordance with Tex. Tax Code ~26.06. At the public hearings, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. SECTION 5. 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 16th day of August, 2005, at which meeting a quorum was present and the meeting was held in S:\Qur Documents\Resolutions\05\tax public hearing.doc 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 20, 2005 City Council agenda. PASSED AND APPROVED this the /?I/z day of t)-tI~ ?~o,~cf~ EULINE BROCK, MAYOR ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Qtlfl; ir(l~2iUdUXl tlJd; APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY Councilmember Voted For V oted Against Euline Brock, Mayor Charlye Heggins Pete Kamp Perry McNeill, Mayor Pro Tern Bob Montgomery Joe Mulroy Jack Thomson vi =1= V V V Page 2 ~'=5o-703 ~';:;:'(FlftV.07-OS) Notice of Public Hearing on Tax Increase Last year, the City of Denton property tax rate was $.59815 per $100 valuation. That rate raised $26.168.727. a portion of which was used to fund operations such as: police and fire protection, street maintenance, parks and recreation. library services and other public services. This year. the City of Denton is proposing a property tax rate of $.60815 per $100 valuation. That rate would raise $29.126.595. which is $2.957.868 more than taxes imposed last year. There will be two public hearings to consider that increase. The first public hearing will be held on September 6.2005.6:30 p.m. at City Hall. Council Chambers. 215 E. McKinnev St.. Denton TX, The second hearing will be held on September 13. 2005. 6:30 P.m. at City Hall. Council Chambers. 215 E. McKinnev St.. Denton TX. You have a right to attend the hearings and make comments. You are encouraged to attend and make comments if you wish. RESOLUTION S:\Our Documcnts\Resolutions\05\CCAG TX LED Coalition.doc RESOLUTION NO.I(ZIJ{}'YtJ30 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING PARTICIPATION IN A COALITION TO TAKE POSITIONS BEFORE REGULATORY AGENCIES AND COURTS RELATED TO TEXAS LOW EMISSION DIESEL FUEL RULES (30 TAC CHAPTER 114); AUTHORIZING CITY AND COALITION PARTICIPATION IN THE TX LED COALITION; AUTHORIZING EMPLOYMENT OF LEGAL COUNSEL, AUTHORIZING CONTRIBUTION TOWARD LEGAL FEES AND COALITION EXPENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, diesel fuel rules are undergoing continual and substantial change as a result of state and federal legislation; and WHEREAS, certain proposed changes to diesel fuel rules could hinder or preclude city use of diesel fuel and impose new and significant costs upon the city; and WHEREAS, there is a need for potentially adversely affected cities and private parties to cooperate to assure their common interests are protected; and WHEREAS, a TX LED Coalition was. created in October 2004 to focus the participation of large users of diesel fuel in the agency rulemaking process; and WHEREAS, City end-users of diesel fuel have similar interests as current members of the TX LED Coalition; and WHEREAS, the Austin law firm of Lloyd Gosselink Blevins Rochelle & Townsend, P.C. has expertise in environmental regulation, administrative law and representation of coalitions of cities and currently serves as legal counsel to the TX LED Coalition; and WHEREAS, it is reasonable to contribute 10 cents per capita based upon the most recent TML population statistics or up to a cap of $2,500.00 for a city with a population no greater than 25,000 or up to a cap of $4,000 for a city with a population no greater than 250,000 or up to a cap of $6,000 for a city with a population greater than 250,000 toward legal and other coalition expenses; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. . SECTION 2. The City is authorized to participate with other similarly situated and potentially adversely affected cities in creating a coalition to address before agencies and courts the Texas Low Emission Diesel Fuel Rules (30 TAC Chapter 114). SECTION 3. The City is authorized individually and as a member of the Cities Coalition to participate in the legal efforts of the TX. LED Coalition as it addresses the Texas Low Emission Diesel Fuel Rules. " S:\Our Documents\Resolutions\05\CCAG TX LED Coalitlon.doc SECTION 4. The City designates Vance Kemler as its representative to the Cities Coalition and the TX LED Coalition and as the point of contact for communication with legal counsel. It is understood that legal efforts will be under the direction of the collective representatives of cities and other TX LED Coalition members. SECTION 5. The City designates Michael J. Nasi and the law firm of Lloyd Gosselink in Austin, Texas as its authorized legal counsel, subject to the city's right at any point to terminate the attorney-client relationship and to withdraw from participation in coalition efforts. SECTION 6. An assessment of 10 cents per capita with a cap of $2,500, $4,000, or $6,000, depending on the City's population size of up to 25,000; greater than 25,00 but less than 250,000, or more than 250,000 residents, respectively, is authorized as a reasonable contribution toward coalition legal expenses with the understanding that the coalition will be billed standard hourly rates and that any residual funds from various city contributions remaining after the completion oflegal efforts will be subject to control of the cities' designated representatives for refund or other direction as may be appropriate at the time. SECTION 7. A signed copy of this resolution and a check made payable to Lloyd, Gosselink, Blevins, Rochelle, & Townsend, P.C., for the approved participation fee shall be sent to: Michael J. Nasi In Re TX LED Lloyd Gosselink 111 Congress Avenue, Suite 1800 Austin, Texas 78701 SECTION 8. This Resolution shall become effective immediately upon its passage and approval. AND PASSED AND APPROVED this the jfp+/1 day of , 2005, by a vote of 7 ayes and ~ nays at a regular meetin of the City Council of the City of Denton, Texas. c~'M EULINEBROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~hdt(j)cIJn.? fJd;. APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~4vt&frJ /4 Page 2 of2 RESOLUTION S:\Our Documents\Resolutions\05\JCA DCTA-Ijnk Reso4.doc RESOLUTION NO. (2(}ac;- (}3/ A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, NOTIFYING THE FEDERAL TRANSIT ADMINISTRATION OF THE CITY OF DENTON'S INTENT TO TRANSFER THE FEDERAL CAPITAL INTEREST IN CERTAIN VEHICLES AND EQUIPMENT IN THE CITY OF DENTON'S POSSESSION CURRENTLY USED FOR PUBLIC TRANSPORTATION SERVICES PROVIDED BY LINK TO THE DENTON COUNTY TRANSPORTATION AUTHORITY AND EXPRESSING THE CITY'S DESIRE TO ASSIGN THE RIGHTS AND RESPONSIBILITIES UNDER SECTION 5307 FEDERAL GRANT INTERESTS WITH ONE EXCEPTION TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (City) and the Denton County Transportation Authority (DCT A) are authorized by law to purchase, sell, and own all public transportation assets, including rolling stock; and WHEREAS, the City desires to sell and transfer all capital assets and Section 5307 federal grants related to the LINK Public Transportation service with one exception and the DCT A desires to purchase all such assets; and WHEREAS, both parties intend to enter into an interlocal cooperation agreement (ICA) detailing the terms and conditions of the asset sale and purchase no later than September 30, 2005; and WHEREAS, on the 26th day of July, 2005, the City Council passed Resolution No. R2005-028 expressing its intent to sell and transfer all LINK public transportation service assets to DCT A and to agree to continue to provide, pursuant to the existing Agreement between the parties dated September 7, 2004, fuel, facilities, utilities and all other equipment and services necessary for the LINK public transportation and UNT campus shuttle operations to the DCT A or its service contractor until the parties complete negotiations on the ICA with DCTA and the parties have executed the ICA effectively selling and transferring all the LINK public transportation assets to DCT A; and WHEREAS, on July 28,2005 DCTA passed Resolution No. R59-05 expressing its intent to purchase from the City all the City's assets that are necessary and appropriate for public transportation service; and WHEREAS, the transfer of the federal capital interest in certain LINK public transportation assets from the City to DCTA cannot be consummated until the Federal Transit Administration (FT A) approves this transfer; and WHEREAS, as a condition of approval, FT A requires both the City and DCT A pass resolutions authorizing the transfer of assets that have been acquired through federal grants; and S:\Our Documcnts\Resolutions\05\ICA DCTA-Link Reso4.doc WHEREAS, prior to the execution of the ICA, the City Council seeks the approval of the FT A on the transfer of public transportation assets from the City to DCT A; and WHEREAS, once the ICA is executed, the City Council deems it in the public interest to transfer all applicable public transportation assets to DCT A and to assign the rights and responsibilities under Section 5307 federal grants to DCT A with the exception of Grant Number TX-90-X659, and to pass this Resolution to expedite the transfer; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That 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. That the City Council expresses its intent to sell and transfer all the LINK public transportation service assets including the federal capital interest in certain vehicles and equipment and its desire to assign the rights and responsibilities of Section 5307 federal grants, with the exception of Grant Number TX-90-X659 to the DCT A, with these assets being shown and more fully described on Attachment A, which is attached to and made a part of this Resolution for all purposes. SECTION 3. That a true and current copy of an executed copy of this Resolution will be transmitted to appropriate officials at the F:ederal Transit Administration by Mark Nelson, Director of Airport and Transportation Operations, immediately after its passage. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the jo-!:j day of aR~ 2005. G~~ AJe-t EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: C{a1u tieluulilJJ!L/ {)b:t j APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY J44~;J4 Page 2 of2 '0 . > "w'<t UO .- ",g ~O; ~ ~ ~'<t-C ~ e ~ ~ g.iii . - . 'Cm<i . u. ~'C ro." ~.o v>ro_ ~o 1iier2 g:::lC'l ~"- o o ;;:; 0) .- ,- ro g-O <i ~~ :e E . 0 >z g.j~ ~ ~ ;:jz V> . ~~ w " ...." ''0 Zo oro ..... z- w~ C . u.<i O- J!! ~'ii - . uu Attachment A .. 1l . "e "- .... o o ~ ~~~~~~~~~~~~~~~ zzzzzzzzzzzzzzz .. E " " t C"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\IC"\I NNNNNNNNNNNNNC"\IN CO CO CO CO CO CO CO CO co CO CO CO CO (0 CO ~>;:~>;:>;:>;:>;:>;:>;:>;:>;:>;:>;:>;:>;: 000000000000000 C'lC'lC'lC'lC'lC'lC'lC'lC'lC'lC'lC'lC'lQ)C'l XXXXXXXXXXXXXXX 1-1-1-1-1-1-1-1--1-1--1--1--1--1--1-- ~~m~~~~~~~~m~~~g cici~o:io:icio:io:icio:io:i~NNNai NN............CO.........CO..............C"\IC"\INO NNO CO CO..... CO CO..... CO CO 0 ll)ll)IOC") gg~~~~i i~ii~:: ;:-::~ ...................................................................~ w <D<DO<D<D(o<D<D<D<D<D0ll)ll)ll)10 COCO.....COCOCOCOCOCOCOCO_C")C")C")~ ggggg~gg~ggggggc;; vvNOO'<tOO'<tOOC"\lr-r-r-C'l 00 ri ri M M ri M M M C")- ri cD cD cD N" COCOC'lCOCOC'lCOCOC'lCOCOC'lCOCOCOC'l '" w C'lC'lC'lC'lC'lC'lC'lC'l0)0)Q)C'lC'lC'lC'lll) vv'<tv'<t"<l""<t."<t."<t."<t."<t."<t."<t."<t."<t.C":! ;;i;;i;;i;;i;;i;;i;:\;:\;:\;:\;:\;:\;:\;:\;:\:: r-r-r-r-r-r-r-r-r-r-r-r-r-r-r-('") "<i"<i"<i"<i"<i"<ioo:ioo:i-<i"<i"<i'<t-oo:i'<t-"<i"": NNNNNNNC"\IC"\IC"\INNC"\INNr- M w ~ & ~ m ro ~ 2 o a. 000r-r-0r-r-0r-r-0...............ll) r-r-OOOCOOOCOOOOC'lC'lC'l..- <D<DMo:io:iNo:io:iNo:io:iMNNNN ~~~~~:g~~:g~::J~~~~8 r-:r-:cicici"":cici"":cicio"<l"-oo:i"<i-<i OON..........N........N..........N...........O .......................-..........................."": w '<t"<l""<I""<I""<I""<I""<I"'<tv'<t'<t'<t'<t'<t"<l" ~ ~~n~~ ~ ~n~ ~ ~ ~ ~ ~ ~ ~n~~ ~ .e.ee.eeeeeeeee.eee co co co co co co co CO co co co co co co co 000000000000000 .. Z '> ('").....Ol<D('")ll)NVCO<D('")C'lC'lO..... 000 ON.....('") N('")vC")N('")'<t"<l" rerererererererererererererere r-r-r-r-r-r-r-r-r-r-r-r-r-r-r- IIIIIIIIIIIIIII ()()()()()()()U()()()()UUU ....---................................................. <:'\IC'lMCOCOC'lC'lXXC'lOC'l....COx >>>>>>>>>>>>>>> llllllllllllllllllalllllllllllllllllllallll UUUU()()()U()UUUUUU ~~~~~~~H~~~~~~ :::l::::>::::>::::>::::>::::>::::>::::>::::>::::>:::l::::>::::>::::>::::> '<tv'<t'<t'<t'<t'<t'<t'<t"<l""<I"'<t'<t'<tv C"\I('")::iIO<Dr-COC'lO.....N('")-;hIO<D -;h-;hli'l ;1);1;;1;;1; ;1;::g::gtlnRIO::g::g NC")'<tIO<Dr-CO NNNNNNN a, a, a, a, a, a, a, r-r-r-r-r-r-r- COCO co co CO co co C'lO.....N('")'<tll)(l) ....NC"\INNNN<:'\I ~~~~~~~~ r-r-r-r-r-r-r-r-- CO CO co co co co co co o o a '5 m . o i='i='i='i='i='i='i='~i='i='i='i='i='i='~~ ~~~~~~~~~~~~~~~~ 000000000000000..0 ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;tr ggggggggggggggg<( I--I--t-t-t-t-I-I--I--I--t-I-I-I--I--O ()()()U()()()U()()()()UUUffi ~~3~33~~~3~3~3~....o llllllllllllllllllalllllllllllllallllllllll c c c c c c c c c c c c c c c o 0 0 0 000 0 0 0 0 0 0 0 0 "a"a"a"a"a"a"a"a"a"a"a"a"a"a"a E E E E E E E E E E E E E E E w w m w m m w m m m m m w w w .J::..J::..J::..J::..J::..J::..J::..J::..J::..J::..J::..J::..J::..J::..J::. UUUUUU()()UUU()()()U .................................................................... 000000000000000 000000000000000 C"\IC"\INNNNNC"\INNNNNC"\IN ~~~~~~ zzzzzz ~~~~~~ zzzzzz ~~~~~~3 o:io:io:io:io:io:io 00000010 0000000 oo:ioo:i"<l"--<i-<ioo:ioo:i N COCO coro CO co co NNNNNN<D cicicicicici.... ~~~~~~3 riMMMririci N <D<D<D<D<D<D<D 000000('") o:io:io:io:io::io:ico <D<D<D<D<D<DO <D(O<D<D<D<DO .. 0000000 0000000 cicicicicicici 0000000 ..........................(0 ...:....- - . ....:0 .........................<D NNC"\INNN 000000 lOlOlOlOlOlO ........................ ------------ ........................... ........................... ~8:g;z:ga cocococooo C'lOOOOco........ 0C'lC'lC'l00 og8800 ~~6~iB;: ~~~~~~ LLLLLLLLLLLL <(<(<(<(<(<( UUUU()U 1Oll)ll)IOll) 10 LLLLLLLLLLLL l')l')l')l')l')l') ....................... ;;~a3;;~ r-r-r-r-oo OOCOCOCOC'lC'l NM ~~ qq ~ ~ "" roro "~m ~ ~ ~ o;>o;>q ~~~ V"" rororo '0 ~ o o OOUl III 1ll1ll0) ~ ~ ~~ m w m "ffi IJl !E !E~~:g i="i="i="i='i="i=".5 0) 0)0)0)Q.l 0)1-- ~~~~~~1? Vl Vl Vl lI> Vl Vll-- ~a5a5a5a5ciL~ ______0 Q.l 0) 0) 0) 0) Q.ll- lI> Vl Vl Vl Vl lI> Q.l Q.l 0) 0) 0) Q.l 000000 0) Q.l 0) 0) 0) 0) ::0::0::0::0::0::0 .x "x .x "x "x .x iIiIiIiIi:i:iI r-r-r-r-oo COCOCOCOC'lC'l ~~~~~~ 0 ~ M " 0 ~ 0 '" '" " S'~ <Qco<Q<Q .................. N z oz ~~~~ " N ~~~~ 0 0 '" 0000 '" lllllllllCD " " 0:::0:::0:::0::: > > ::::>::::>::::>::::> om " m ............ - ro ;; ~ ;; <:'\I C"\I <:'\I N M V ~ ~ ~~ ~>;:>;:~ <iX xxxx zooo 20 0600 mm~ m m ~mm xxx X xxxx ............ .... 1-1-1-1- C")(,")(,")MN Vr-r-OC'l "<i-:i-:icriai C")('")MCO<D r-00C'lr- <6roroN"lfi O('")('")'<tN .................10 C'lr-r-OlN N<D<DC'l<D -:icici"":""': .....IOIOCOC'l r-..........oo U"i....-....:<ri..:f r-oooco .............C") "<I"<D<DVO ....000('") ci-:i-:i"<iN C"\Ioococor- OOOOOCO<D "":<6<60"": M(,")(,")(,")~ OCO<D<DOO OIOIOr-CO -:icici0"": <D co co lOCO .....<DtOOlv ailfill)-"":N" <Dr-r-coo ..................r- <:'\I ('") M M 0000 ;o;:::;:::lO N........O ;ry";;f";;f";;f 0000 (V)r-<Dv v........N ~~~~ CO co 00 00 0000 ()()U() NMM(V) C'l<Dv(V) l')<..'J<..'Jl') llllllllllll <(<(<(<( co co co co o:::www C'lC'lC'lC'l zzzz .................. ll)1O<Dr- r- M M M NMC")('") 0l'<tll)<D .....cococo 9~~ re;r;;r;;r; CO co 00 00 . . m o D . o . a. Vl Vl Vl Vl e a5a5a5a5~ ~~g~o::: M('")(V)(V)I-- 0)0)0)0)0::: a a a as oooOU) Q:Q:Q:Q:w wwww~ 0:::0:::0:::0:::0 1-1--1--1-1- 0:::0::0::0::: 0000 UUUU U)U)U)U) WUJWUJ o ro ro m"o 0Mci m m m ro~v aN'M" vvro o~~ O~~ ciMM OMM OMM o<:"i<:"i "M~ OMM m~M <riai<ri mNN ro N ~ aia mmN ~~- -:i"":<ri MOM v~~ lfiaiM" mmM M M ee ~~ ";;f";;f 00 M" m m ~ ~ NN mm <i<i II M M NV V>V>- ~~o vvC ~~~ 000 LLU."iji ~-~ o M M MM N N ro ~ ~ M ~ ~ roro . . . o D '" o lI> Vl ~ o 0_ CDCO~ _ ro "iii"Via... ~ ~ ~ ~~~ ro w e "-"-,,- ~~- ~~a .." ~~~ a.a.o ~~I-- ai.3 "" OOC")C")<D ll)ll)..........C"\I MM""':""':"": 10 10""''''' '<t .........ll)ll) (V) ;f;fcDcDc; ll)ll)000 NNIOIOll) NNM"M""": ~~~~~ ~~NN"i IOIOC")C")<D N N <D <D r- "":"":M"M"ai ........0lC'l0 COCO(V)(V)'<t MM-<ioo:icD N N ~ 00000 00000 ""':""':""':""':o:i oo('")(v)oo C")C").........OO co-oo-N"N"o CO co lOll) 00 N ~~~~ 0000 ";;f";;f";;f";;f 0000 Or-r-ro Mre::J~ 01000 "<I" C"\I 00 "mm ()UII ;;;::;:N::;: >>LLLL COCOll)1O UU(V)M ~~n :::l::lLLLL '<t'<t.....- r-C'l<Dro C'lC'lC'lC'l ................. N ~N mw 00 rooo _ M "" TT m m 00 roro m . m 55.5 >>>- ~~~ .":::"":::z --w ~~U) 000 ......... >->-;;~ ~~~~8 zzzzo WUJUJwo U)U)U)U)g cecc_ O) 0) 0) 0) W ~~~~~ l')<..'Jl')l') 0000 0000 0000 NNNN Ii! ci M " .; m M '" o v .,; m M .,; "'. - ;! ;i ~ ..; " ~ ~ .,; o " .; " ro '" . ~ ro "- . . " :E . > ]j o .... .. 1l . e <L .... 0 0 x .... .. <0 <0 " mmm m m m E ;; ;; ~ l!)101Oll) ~<O " <0 <0<0<0 <0<0 " 1 1 1 >;:~~>;:>;:>;: " 0 0 0 000000 <i 'I' m 'I' C'lC'lC'lC'lC'lC'l I;: X X x xxx xxx .... .... .... 1-1--1-1-1-1-- '0 <0<0 <0<0 <0<0 OO'<tNWON ~ ~ . > NN <0<0 <0<0 q~C"'!v0!q",,: M <0 il" cici aiai IDqj om Wll)COOQ) .,; .,; ~ ~ <0<0 0 0 N m O.....C'lll)CO ~ <0 .e 00 m m M M M. ~ C'lr-ocoo ., M ",g <DeD .; .; .,; .,; MNW-""':qi ,,; ;i ~Oi NM <0 " " of > . NN <0<0 ~ ~ ggm;S;;og~ <0 <0 ~'<t-c OO:~ <0 <0 M " 0w 0; 0; ,,; ,,; <eioi-iNo:ici"': ,,; u; ~ e ~ <0<0 " " 1010 Nr-r-cor- <0 <0<0 m m <0<0 o. ~ ....COvCO M ~ ~ ~"t'j NN '" '" 'li<!5 '" Nv-"':cO fi ,: ~ N <0 alO>'" ., u. "" ~ ~ ~ ~ OOIOCOIOOCO ~ ~ *al 00 m m OC'lNOWOCO " ;!;! ~ ,: CDm ..,fai......c0aicir--.: 0; ,,; m~e m m <OM <0 ,,~ ~ ~ N N N m m (D_W_ N ~ <0 '" MN <0 <0 --5~ <:<iC'i -ir--: ,.; .,; ~ "- m oom ~ ~<L ~ gg 00 0 0 OO"'-NWON <0 u; U 00 0 0 OION'<tC'./Ov ., '0 aiai cici ;; ;; ciai<Citrio:iciai .,; ,: <L ~ ~ N N NOlO.... m <0 <0 N M . <0<0 <0<0 M.....C'lr-o <00 m M . ~~ r-:r-: <<icO . MN<D ...:W- .,; ~. ro N M <0 ~ ~ " " of 0 <L N " rn 0 N M N v"<t v'<t "1"10 ro 0 n. ;;:; Q) ~ e ~ e.eeeee -- M co r- r- N......... ,- . ~ 0 0 ee.e.:o:::.:o:::~ g-O " " OOOO.....M <i 0 0 ~ ~ ~ ~ ~o .. z 5' " z ~ " - . UD :e E . 0 >z ~ " -.11 g E U 0 :.:JZ 00" ;l ~ W " ...." ''0 Zo 0- ...... Z. W. o . u.<i 0" ~a - . UU o .Q 15. '0 U - . o ~ .. e~ ~ . ~.. ~ ~ .."5 . 0 . . "5:' 02 .11- "D A"" - . - . D_ ro . .. tl ~ 0 ~ 8 u- 0:') 8'" jj . .E " Z " Z ~~~~~::! zzzzzz E ~ "* 15. ~ - - Ci .E c: .~ o u ~ ~ E ~ ~~g> -u- -c~ Q> ffi ~ ~ 1: ~ c. g"Q.i~ "D 0 .0- ~C.2 ~.o ~~1- c2~ <000 ~ ro ~ E 0":1 U (f) C 'iilQ; Q) ~ :s ~ '3 Q; ..."!::: 2 -c 3: Q) ro:::l ~ ~ ~ &l-g- ~e~ b~8 c2'm ~'Svi %!E:E o~~ Ea.<I,) BCE-g,~ -g 6 e g- n.~~ l\10$...J.,g~2 E (D :J W CI)"- 0 2~ E-g g -;;: I- ~~8~U)rli "!::!15lBQ5:gjQ ~OOooz CIlNNN~::i E '0. . u .. ~ . 0; . . <i E '0. - u .. . . . <i " .. .. ~ . " <5 .... . ~ is .. ;; .... ~ :') .. ~ 00 RESOLUTION oil S;\OulDocumcnulResolutionsIOSlvOleontax'iII"_do< RESOLUTION NO. R,20()5 - 032 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 20, 2005; 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 16, 2005, the City Council voted to place a proposal on the September 20, 2005 City Council regular meeting to adopt a proposed tax rate of $0.60815 per $100 valuation, which will exceed the lower of the rollback rate or 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 two public hearings, the first for its regular meeting of September 6, 2005 and a special called hearing on September 13, 2005, on the tax increase; and WHEREAS, publication of notice of two public hearings on the tax increase were made in accordance with the law, and said public hearings were held on September 6, 2005 and September 13, 2005, and all proponents and opponents of the tax increase were given an adequate opportunity to present their views at the public hearings; 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 I. The City Council will vote on the proposed tax rate at its regularly scheduled meeting of September 20, 2005, 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. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $30. SECTION 3. 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. 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 6th day S:\Our DocUntCllls\RosoJuUOQSIOSIVOIOntl lnralc_doc of September, 2005, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov~t Code ~551.00 I, 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 20, 2005 City Council agenda. PASSED AND APPROVED this the !;-fh day of (51 {J-temO-f f ,2005. C~~C/( - EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: C)aJ1LfJ efU1A!i1~!7Li{)Aid APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: tj. Counci lmember Voted For Voted Against EuIine Brock, Mayor Pete Kamp Perry McNeill, Mayor Pro Tem Bob Montgomery Joe Mulroy Jack Thomson Charlye Heggins ../ V V v v' v' v' Page 2 - '. ~,,=,="50-19B ~'::'(Rev"07-05J4) Notice of Vote on Tax Rate The City of Denton, Texas conducted public hearings 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 5.20/0 percent on ~tember 6, 2005 and September 13, 2005. The City Council 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 .swtember 20, 2005, 6:30 p.m., City Council Chambers, City Hall, 215 E. McKinnev St., Denton, Texas 79601 RESOLUTION S:'Our DocUOltlllslResolutiom\05\votc 011 tax ralc2.dnc RESOLUTION NO. ~ 2 tJOS- 033 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 20, 2005; 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 16, 2005, the City Council voted to place a proposal on the September 20, 2005 City Council regular meeting to adopt a proposed tax rate of $0.60815 per $100 valuation, which will exceed the lower of the rollback rate or 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 two public hearings, the first for its regular meeting of September 6, 2005 and a special called hearing on September 13, 2005, on the tax increase; and WHEREAS, publication of notice of two public hearings on the tax increase were made in accordance with the law, and said public hearings were held on September 6, 2005 and September 13, 2005, and all proponents and opponents of the tax increase were given an adequate opportunity to present their views at the public hearings; 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 20, 2005, 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 7620 I. SECTION 2. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $30. SECTION 3. 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. 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 13th S:\OnrDocnmcmsIRc>olnliolls\05\vOICOrIlilllrillc2.doc day of September, 2005, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code g551.001, 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 20, 2005 City Council agenda. . ,.rrI/t . L, PASSED AND APPROVED this the /-?~dayof ~1l/7;~) ,2005. c~~ /~clc EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: {jMf MfUdi~, !kb APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY Cf,kJ,;t;t ~.:f Councilmember Voted For Voted Against Euline Brock, Mayor Pete Kamp Perry McNeill, Mayor Pro Tem Bob Montgomery Joe Mulroy Jack Thomson Charlye Heggins ../ ,/ ../ v v v v' Page 2 ~"=' 50-198 ~";.'"{RBv.07-05/4) Notice of Vote on Tax Rate The City of Denton, Texas conducted public hearings 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 5.20/0 percent on . ~tember 6, 2005 and September 13, 2005. . The City Council 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 Sgptember 20, 2005, 6:30 p.m., City Council Chambers, City Hall, 215 E. McKinnev St., Denton, Texas 79601 RESOLUTION S:\Qur Documents\ResoJutions\05\lnhabitants Resolution.doc RESOLUTION NO. fl AOO.5- 0. ~4 A RESOLUTION OF THE CITY OF DENTON FINDING AND DETERMINING THAT THE NUMBER OF INHABIT ANTS IN THE CITY OF DENTON IS IN EXCESS OF 100,000; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 42 of the Texas Local Government Code establishes the extraterritorial jurisdiction of a municipality; and WHEREAS, Section 42.021 of the Texas Local Government Code establishes the extraterritorial jurisdiction of a municipality to be within five miles of its boundaries, in the case of a municipality with 100,000 or more inhabitants; and WHEREAS, the July 1, 2004 population of the City of Denton as estimated by the U.S. Bureau of the Census was 98, 288 as set forth by the Bureau in its July 12, 2005 publication; and, WHEREAS, based on City building permit, certificate of occupancy, and utility connection records, other data available to the City, and reliable demographic and statistical analysis, the number of Denton inhabitants exceeds 100,000; 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 and are true and correct. SECTION 2. The City Council hereby finds and determines that the number of inhabitants in the City of Denton exceeds 100,000. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED 'hi. ""Md<2~~~5. EULlNE BROCK, MAYOR - ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: (jr)jLt f(jff1 JJ.jddtJ-H.J( Cldt, APPROVED AS TO LEGAL FORM: EDW~R, CIT ATTORNEY BY: ~ Page 1 RESOLUTION S:"Our DocumcnlS\RcsoJutionsl05lNonh Tcxa, llighcrEduc.liOJl AUUl(lrity. doc RESOLUTION NO.1? ;J,OOS- 0/35 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 6, 8 and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Lindsay Keffer - Place 6, Jerry Falbo - Place 8, and Jim Brock - Place 9 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Lindsay Keffer is hereby appointed to Place 6 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1,2005 and continuing through September 30,2007. SECTION 2. That Jerry Falbo is hereby appointed to Place 8 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October I, 2005 and continuing through September 30,2007, SECTION 3. That Jim Brock is hereby appointed to Place 9 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1,2005 and continuing through September 30, 2007, SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the diJtlJ day oUjIfivJnJ2eV ,2005. C~AcL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: (}am- i!ieJuu~/ Oat APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ?4h#t&4 RESOLUTION S:\OUf Documents\Resolutions\05\Fucgo Y Alma alcohol sclLdoc RESOLUTION NO. .f'z!)!)r aq~ 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 8, 2005, 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; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, 922-32 (b); and 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 8, 2005; 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 HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 8, 2005 at the Civic Center Park and Senior Center upon the following conditions: I. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. 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; and 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. S:\Our Documcnts\Resolutions\05\Fucgo Y Alma alcohol sell.doc 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/-th day of IfltlO h/ ,2005. C~AvcL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~-e--> BY: Page 2 of2 S:IDur Docurnents\Contracm\05\Fuego Y Alma ContracLdoc cnnCCENTERPARKAGREEMENTFOR THE FUEGO Y ALMA CELEBRATION STATE OF TEXAS 9 COUNTY OF DENTON 9 This Agreement, made this !!ilL day of &tMbA, ,2005, 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"). WTINESSETH, 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 8, 2005, 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 2005. ARTICLE 2 SCOPE OF SERVICES Metzler's in order to exercise the privilege to sell alcoholic beverages must perform the following: A. 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. B. Metzler's shall be solely responsible to obtain any temporary license and pennit necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration. C. 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 exercise the privilege of selling alcoholic beverages at the Fuego Y Alma Celebration S:\Our Documents'Contracts\(l5\Fuego Y Alma Contractdoc 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 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 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: A. 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. B. Metzler's sha1l 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, Metzler's shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. Page 2 ofS S:\Our Documents\Contracts\05\Fuego Y Alma Contract.doc 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 dccmed communicated as of three (3) days' mailing: To Metzler's: To CITY: Metzler's: Roy Metzler 628 Londonderry Lane Denton, Texas 76201 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and no exhibits. constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 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 PROHmITED 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. Page 3 of5 S:\Our Docutnents\Contracts\05\Fuego Y Alma Contra.ct.doc ARTICLE 10 PERSONNEL A. 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 A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. 12 005- {)3{:> B. Venue of any suit or cause of action under this Agreement sha1llie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. 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 4 ofS S:\Our Documents\Contracts'D5\Fucgo Y Alma Contract.doc IN WTINESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and Metzlethhas execut~ this Agreement through its duly authorized undcrsigned officer on this the Jf-t. day of t'bb."r / , 2005. CITY OF DENTON, TEXAS '~ MICHAEL A. CO F CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~\~~~~ APPROVED AS TO LEGAL FORM: EDWINM. SNYDER, CITY ATTO Y BY: / BEVERAGE LER OPRIETOR . WTINESS: BY: Page 5 of5 $:\OUf Documents\Resolutions\05\Fuego Y Alma alcohol sell.doc EXH 18 IT A RESOLUTION NO. .f'z!)!)r aq~ 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 8, 2005, 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; and WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, 922-32 (b); and 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 8, 2005; 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 HEREBY RESOLVES: SECTION 1. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration on October 8,,2005 at the Civic Center Park and Senior Center upon the following conditions: 1. They shall be responsible for rental of any booth space necessary; 2. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. 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; and 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Fuego Y Alma Celebration. $:\Our Documents\Resolutions\05\Fuego Y Alma alcohol sell.doc 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/-th dayof IfltlOh/ ,2005. c~AvoL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY -e--> BY: Page 2 of2 RESOLUTION S:\Our Documents\Resolutions\05\nominate centra) appraisal district2.doc RESOLUTION NO. {.z!JI/li-037 A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal District will expire on December 31, 2005; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby nominates~ei WIJO/fOfkand ehf1Ilts :51l1.fforcl as a members to the Board of Directors of the Denton entral Appraisal District for two-year terms to commence January I, 2006. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 41:h day of tf!f11JNA/ ,2005. C~~cL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~1\ G\U~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: RESOLUTION RESOLUTION NO. R2005- IJ.3fJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY COUNCIL TO PROVIDE FOR AND HOLD A PUBLIC MEETING REGARDING THE "NOTICE OF APPLICATION AND PRELIMINARY DECISION" OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PERTAINING TO TCEQ PERMIT NO. 50163; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Safety-Kleen Systems Inc, 1722 Cooper Creek Road, Denton, Denton County Texas, 76208 has applied to the Texas Commission on Environmental Quality ("TCEQ") for a permit renewal and major amendment to authorize continued 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 Environmental Protection Agency waste codes; and WHEREAS, the TCEQ Executive Director has completed the technical review of the application, prepared a draft permit, made the preliminary decision that the permit, if issued, meets all statutory and regulatory requirements, and accordingly has issued a "Notice of Application and Preliminary Decision" regarding said permit; and WHEREAS, the citizens of the City of Denton have expressed an interest regarding the above-referenced permit renewal; and WHEREAS, the City Council desires that all concerned citizens have an opportunity to publicly submit comments and to ask any questions that they have regarding the "Notice of Application and Preliminary Decision;" issued by the TCEQ; and WHEREAS, the City Council believes it is in the public interest of the citizens of the City of Denton to enact this resolution which will provide for a public meeting to be held regarding the "Notice of Application and Preliminary Decision" that pertains to TCEQ Permit No. 50163; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas on behalf of its citizens, hereby requests that a public meeting be held in Denton, Texas, to provide an opportunity for citizens to submit comments and to ask questions about the "Notice of Application and Preliminary Decision" pertaining to the Safety-Kleen Systems, Inc. request for renewal of, and major amendments 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 to the appropriate officials 0 fthe Texas Commission on Environmental Quality, regarding the City Council's formal written request for a public meeting on the above-referenced application for renewal and amendment. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the iitIL day of ef2i1i k1/ ' 2005 CuAiu AdL EULINE BROCK, MAYOR APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY/V~ ~ 0 S:\Our Documents\Resolutions\05\TCEQ-Safety Kleen-Public Meeting-Resolution-2005.doc 2 RESOLUTION S:\OUf Documcnts\Resolutions\05\DCTA Board Appointmcnt.doc RESOLUTION NO. 12./)Ofi-IJ,Jtf 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. R2004-016 the City Council of the City of Denton appointed Joe Roy as the City of Denton representative to the Authority Board and appointed Jon Fortune as the First Alternate and Mark Nelson as the Second Alternate, each for a two-year term; and WHEREAS, the two year term will expire on November 12,2005 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 I. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. . SECTION 2. Joy Roy is hereby reappointed as a member and Mark Nelson is hereby appointed as First Alternate and Howard Martin 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 ofresolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. . S:\Our Documcnts\Resolutions\05\DCTA Board Appointment.doc PASSED AND APPROVED this the I fHh day of I2eiiJ k-t./ cu&ukcL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: f Page 2 of2 ,2005. RESOLUTION FILE REFERENCE FORM R2005-040 Additional File Exists  Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR Rescinded by Resolution No. R2009-015 06/16/09 RESOLUTION NO. R2005- o4-() A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; APPOINTING THE INITIAL MEMBERS OF THE COMMITTEE; PROVIDING FOR RETROACTIVE APPROVAL THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is of the opinion and hereby finds, that there are many important issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters; and WHEREAS, the City Council is of the opinion and hereby finds, that it is in the public interest that a standing committee of no less than three (3) nor greater than five (5) City of Denton City Council members should be appointed by the Mayor of the City of Denton and approved by the City Council of the City of Denton, Texas to establish this "Committee on the Environment" as a standing committee of the Denton City Council; and WHEREAS, it is also necessary and appropriate for the Mayor of the City of Denton, Texas to appoint an ex-officio Staff member to the City Council Committee on the Environment, being the, Assistant City Manager of Utilities, of the City of Denton, Texas to provide assistance and guidance to said committee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. That the City Council hereby establishes a standing committee to be called the "City Council Committee on the Environment" (the "Committee"). The Committee shall consist of no less than three (3) nor more than five (5) City Council members. The appointment of the committee members shall be made by the Mayor of the City of Denton, with said appointees approved by the Denton City Council. SECTION 3. The five (5) initial members of the Committee appointed by the Mayor and approved by the City Council shall be: Councilmember Joe Mulroy, Chair; Committee Members Mayor Euline Brock, Mayor Pro- Tem Perry McNeill; Councilmember Pete Kamp; and Councilmember Jack Thomson. The Committee rnembers shall serve at the pleasure of the City Council until successors are duly appointed by the Denton City Council and become qualified to serve; the appointments to the Committee shall take place during the City Council's decisions on Boards and Commissions; with no set schedule for term limits nor any schedule for rotating off of the Committee. The election of Committee officers shall take place annually, in the July/August timeframe. Members of the Committee must be current elected City Council members of the City of Denton, Texas. SECTION 4. That the creation of the City Council Committee on the Environment shall be in all things effective as of, and from and after September 10, 2004. All agenda items and business taken up by the City Council Committee on the Environment, as well as all recommendations regarding said agenda items and business by said committee, shall be, and they are hereby ratified and confirmed, from and after September 10, 2004. SECTION 5. That the appointment of the initial five (5) members of the City Council Environment Committee is hereby approved, and ratified, retroactive, to be effective as, and from and after September 10, 2004. SECTION 6. That the ex-officio member of the City Council Committee on the Environment is hereby appointed by the Mayor; being the Assistant City Manager for Utilities. The appointment is made retroactive, and the appointment of the Assistant City Manager for Utilities is ratified, retroactive, to be effective as, and from and after September 10, 2004. The ex-officio member of the Committee is: Howard Martin - ACM Utilities; or his designee SECTION 7. That the Committee on the Environment of the City of Denton City Council is hereby created and is hereby subject to the provisions of Texas Government Code SS55l and 552, as amended. Because the Committee constitutes a quorum of the City Council its meetings shall also be posted as City Council meetings in compliance with the Texas Open Meetings Act. However, when voting on any item Committee members will only be acting in their capacity as Committee members, and any action of the Committee to approve, disapprove, or recommend any matter shall not constitute an action of the City Council. SECTION 8. That unless otherwise provided for herein, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / g+lt day of &f;t;; kA) ,2005. C~02-VJL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Page 2 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: /lktiDA_~ S:\Our Documents\Resolutions\05\Environment Committee-CC-Creation Resolution~2005.doc Page 3 RESOLUTION FILE REFERENCE FORM R2005-041 Additional File Exists  Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR Rescinded by Resolution No. R2009-015 06/16/09 .,- . S:\OUf Documenls\Resolutions\05\Mobility Committee Resolution.doc RESOLUTION NO. {2{)()5-0L// A RESOLUTION ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON FOR THE CITY COUNCIL MOBILITY COMMITTEE; AP- POINTING THE INITIAL MEMBERS OF THE COMMITTEE; AND PROVIDING AN EF- FECTIVE DATE. WHEREAS, the Denton City Council heretofore established a temporary subcommittee (the "Temporary Committee") as representatives of the City to considcr local and regional trans- portation issues and provide staff direction as necessary; 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 City Council Mobility Committee (the "Committee"). The Committee shall consist of four City Council Members. The initial members of the Committee shall be the same as the Temporary Committee which consists of Councilmember Pete Kamp, Chairperson, Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, and Councilmember Bob Montgomery. The Committee mem- bers shall serve at the pleasure of the City Council until successors are duly appointed by the City Council and become qualified. SECTION 3. The City Council desires to make the chair of the committee the automatic representative to the Dallas Regional Mobility Coalition and the Regional Transportation Coun- cil. SECTION 4. This resolution shall become effectivc immediately upon its passage and approval. PASSED AND APPROVED this the / tbti. day of J2~ttA/ ,2005. c~ A~JL EULINE BROCK, MAYOR '. . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED S TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~-~ BY: Page 2 RESOLUTION S:\Our Documents\Rcsolutions\05\Atmos 09] 905 GRIP Filing.doc RESOLUTION NO.1/!. ~(}5-()t./ Z. A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") ADJUSTMENTS FOR CALENDAR YEAR 2004 PROPOSED BY ATMOS ENERGY CORPORATION'S MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS WITH REGARD TO THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2004 PROPOSED BY ATMOS PIPELINE; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; 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 September 19, 2005 the Atmos Energy Corporation's Mid-Tex Division ("Atmos Energy") filed an application with the City to increase gas rates for its Gas Reliability Infrastructure Program ("GRIP") for calendar year 2004 pursuant to Section 104.301 of the Gas Utility Regulatory Act ("Act"); and WHEREAS, due to the ratemaking complexity of Section 104.301 of the Act and the fact that this is the first application for recovery under that section of the Act, as amended, it is therefore necessary to employ the expertise of lawyers and consultants who specialize in ratemaking proceedings before regulatory authorities to assist the City as provided for in Section 103.022 of the Act; and WHEREAS, given the complexity and the need to carefully review the proposed GRIP adjustment it is necessary to suspend the effective date for implementing the GRIP adjustment in order to allow the City's rate experts sufficient time to determine the merits of Atmos Energy's proposed GRIP adjustment for calendar year 2004; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating Atmos Energy's request for a GRIP adjustment it makes scnse to coordinate the City's efforts with a coalition of similarly situated municipalities; and WHEREAS, a coalition of municipalities, known as the Atmos Texas Municipalities ("A TM") has been active in gas utility ratemaking proceedings; and WHEREAS, the City will join with other cities participating in ATM in a steering committee in order to coordinate the hiring and direction of legal counsel and consultants working on behalf of A TM and the City; and S:\Our Documenls\Resolutions\05\Atmos 09] 905 GRIP Filing.doc WHEREAS, Atmos Energy, doing ,business as Atmos Pipeline - Texas ("Atmos Pipeline"), has also filed on September 19, 2005, for a GRIP adjustment at the Railroad Commission of Texas; and WHEREAS, the filing made at the Railroad Commission of Texas by Atmos Pipeline could affect the gas rates which have to be paid by Atmos Energy customers located within the City; and WHEREAS, It IS Important that the' City and other similarly situated municipalities participate to the extent allowed by law in order to insure the proper implementation of the GRIP adjustment by Atmos Pipeline; NOW, THEREFORE, . THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the effective date for the proposed GRIP adjustments by Atmos Energy, and the tariffs related thereto, are hereby suspended for an additional forty-five days or until January 2,2006. SECTION 3. The City is authorized to join with other cities in a coalition of cities known as the Atmos Texas Municipalities ("A TM") with the understanding that the steering committee of ATM will provide direction and guidance to the lawyers who are representing said cities. . SECTION 4. The City hereby employs the Lawton Law Firm and the Law Offices of Jim Boyle, PLLC to represent the City with rcgard to the proposed GRIP adjustments of Atmos Energy and Atmos Pipeline before local and state regulatory authorities and in any court of law and authorizes the law firms to employ such rate experts as are recommended by the ATM Steering Committee. SECTION 5. The City is authorized to participate to the full extent permitted by law in the GRIP proceeding for calendar year 2004 initiated by Atmos Pipeline at the Railroad Commission of Texas and any court action related thereto. SECTION 6. The City, in coordination with the Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Atmos Energy or Atmos Pipeline for reimbursement. SECTION 7. City's legal representatives shall have the right to obtain additional information from Atmos Energy through the service of requests for information, which shall be responded to within twenty (20) days of receipt of such requests for information. This is in addition to other forms of discovery. Page 2 of 3 S:\Our Documents\Resolutions\05\Atmos 091905 GRIP Fi]ing.doc SECTION 8. Atmos Energy shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. SECTION 9. 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. SECTION 10. This resolution shall become effective from and after its passage. SECTION 11. That the City Secretary is hereby directed to send a true and correct copy of this Resolution to Douglas C. Walther, Senior Counsel, Atmos Energy Corporation, 5430 LBJ Freeway, Suite 1800, Dallas, TX 75240-2601. PASSED AND APPROVED this the /~tIL day of ~~ 2005. c~ bzDcL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By~,t_W~Qj'A" APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: -" Page 3 of 3 RESOLUTION S:\OUf Documents\Rcsolutions\05\Homelcss Coal Rep Res.doc ~ # .~ RESOLUTION NO. 12~{}5-tJt/3 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPOINTING THE COMMUNITY DEVELOPMENT ADMINISTRATOR AS THE CITY'S REPRESENTATIVE TO THE DENTON COUNTY HOMELESS COALTION AND FURTHER AUTHORIZING THE CITY'S PARTICIPATION IN THE DEVELOPMENT OF A 10- YEAR PLAN TO END CHRONIC HOMELESSNESS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there has been an effort by the Federal government to end chronic homelessness within the next 10 years; and WHEREAS, persons experiencing chronic or long-term homelessness are generally homeless for over one year and may be living with a disability, addiction or mental illness; and WHEREAS, research indicates that persons experiencing chronic homelessness use a disproportionate share of the resources targeted for homeless assistance; and WHEREAS, the Denton County Homeless Coalition is working to develop a plan to end chronic homelessness in Denton County within 10 years through collaborative efforts by local service organizations and governmental entities; and WHEREAS, the City of Denton has participated and will continue to participate in efforts to assist the homeless and potentially homeless in our community; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I: The City Council authorizes and directs the Community Development Administrator or her designee, to represent and act on behalf of the City of Denton in working with the Denton County Homeless Coalition in the development of a I O-year plan to end chronic homelessness in Denton County. SECTION 2: The City Council of the City of Denton, Texas, authorizes the Community Development Administrator or her designee to work to further the goals of the Denton County Homeless Coalition. SECTION 3. The City Secretary is hereby authorized to furnish true, complete and correct copies of this resolution to all interested parties. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSEDANDAPPROVEDthisthe /tF day of 'flv<t~ ,2005. L~:.hJc EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY "Y~~'\t-( J!l ~ hu , APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY TTORNEY BY: RESOLUTION S:\Our Documents\Resolutions\05\NT Higher Education Auth Bonds RESOLUTION NO.1Z()()s-tt/t/ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF BONDS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; and WHEREAS, the City of Denton and the City of Arlington have requested the Authority to exercise the powers provided for in Section 53B.47 of the Texas Education Code, as amended; and WHEREAS, pursuant to such request, the Authority has issued student loan revenue bonds or otherwise borrowed money to obtain funds to purchase student loans which are guaranteed under the provisions of the Higher Education Act of 1965, as amended, and additional funds are now needed to continue the program; WHEREAS, the Authority requests th~t the City approve the issuance of additional bonds to augment the Authority's student loan program; WHEREAS, the City wishes to approve the issuance of the Authority's bonds provided that City is not responsible in any way for such bonds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver during the fourth quarter of calendar year 2005 student loan revenue bonds or other obligations, in one or more series, in an amount not to exceed $200,000,000, to consist of (I) student loan revenue bonds in the principal amount of $98,800,000,' utilizing a 2005 Private Activity Bond Allocation, and (2) taxable student loan revenue bonds in a principal amount not to exceed $10 I ,200,000. The bonds or other obligations are to be issued for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, refunding outstanding obligations of the Authority, setting aside the amount the Authority determines is necessary for a reserve and for operating costs, and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. SECTION 2. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver during the first quarter of calendar year 2006 student loan revenue bonds or other obligations, in one or more series, in an amount not to exceed $200,000,000, to consist of (I) student loan revenue bonds utilizing a 2005 Private Activity Bond Allocation Carryforward and a 2006 Private Activity I S:\Our Documcnts\Resolutions\05\NT Higher Education Auth Bonds Bond Allocation, and (2) to the extent such allocations are not available, taxable student loan revenue bonds or other obligations. The bonds or other obligations are to be issued for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, refunding outstanding obligations of the Authority, setting aside the amount the Authority determines is necessary for a reserve and for operating costs, and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53B, Texas Education Code. SECTION 3. That the City Council of the City of Denton, Texas, hereby grants its approval to the application of North Texas Higher Education Authority, Inc. for a 2005 Private Activity Bond Allocation Carryforward in an amount not to exceed $160,000,000, and hereby authorizes the Mayor to execute such application. SECTION 4. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53B.47, Texas Education Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53B.47(e), (f) and (g), Texas Education Code, as amended. SECTION 5. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. SECTION 6. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas that it will payor provide for the payment of any obligations of said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Authority. SECTION 7. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. SECTION 8. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /d' dayof '1M/J!bA~ ,2005. c~k~ EULINE BROCK, MAYOR 2 S:\Our Documents\Rcsolutions\05\NT Higher Education Auth Bonds ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~ tr- l J.l h, .J APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE CITY ATTORNEY BY: 3 RESOLUTION S:\Our Documents\Rcsolulions\05\Mobi lily Committec2.doc RESOLUTION NO. f2 IJO S- ()t/S- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, PROMOTING AND SUPPORTING PUBLIC MULTIMODAL TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton continues to encounter new and unique chaIlenges to provide the safest and most efficient transportation opportunities possible; and WHEREAS, the City of Denton desires to pursue novel transportation solutions to ensure domestic defense, to combat a steadily increasing population and to protect the safety of our mobile citizens; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Council of the City of Denton confirms its dedication to promoting public multimodal transportation investment that will ensure the safety, efficiency and economic welfare of all Americans for the next half century and to promote improved public multimodal transportation by seeking out creative and innovative solutions that will carry the United States during the 21 " century. SECTION 2. The City Council hereby approves the Statement executed by the City of Denton Mobility Committee on October 21, 2005, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. This Resolution shaIl become effective immediately upon its passage and approval. 56- PASSED AND APPROVED this the /- day of 'l!MmOer~2005. C~~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ":tr" ~W~r~ APPR ED AS TO FORM: EDWIN M. SNYDE ,CITY ATTORNEY BY: Exhibit A THE EISENHOWER PROTOCOL A VlSIO/tl FOR THE UNITED STATES IN MULTIMODAL TRANSPORTATION AND ECONOMIC DEVELOPMENT 'Celebra~ the Interstate Highway System' Less than a hili century ago, the United States .at ne!Vously on the brink of a potential thumonuclear wu for which it was wholly unprepared. Recognizing the need for improved national defense, then President Dwight D. Eisenhower; the military establishment, Congress, and the fedenl government invested heavily into building a more effective tranliportation infrastructure that would create coast-to-cOtlSt highWl\Y connections and allow for rapid troop, munitions and equipment deployment. Fresh from their return &om Europe and Germany after WWII, American troops bad seen first band the benelits of the European autobahn for troop, equipment and munition. movements. On June 29, 1956, EisenhoWer signed the National Interstate and Defense Highways Act into law, dramaticolly rhongi"g the course of American tranliportation history. The development . of the Interstate Highway System was successful as a tool for national defense. However, not even President Eisenhower himself could have imagihed the additional rewards Americans would ultimately reap for decades to follow as a result of his monumental decision. Cities and towns literally fonned in areas along the Interstate highways. Domestic travel and tourism flourished. The American automobile and trucking industries were relined and prospered. Ideas and innovations flowed through the new passageways that were created, the roads that built the America we know and reside in today. Americans were literally connected in a manner that was once inconceivable. The Interstate Highway System linked Americans in the 20" Century, making all sections of our country more accessible, h,,;"g;..g us closer together geographically and as a people and promoted economic and social oppottwiities never before imagined. This was especially important as our population grew from 140 million in 1950 to 290 million in 2000. Citizens in the industtiz1 United Sbltes now had a means of accessing improved education, health care and employinent. Once a budding new nation, the United States had developed into a wo%ld xcnowned leader in innovation and industry, rmd a renewed sense of national pride was bom all on the heels of a single historic piece of tranliportation legislation. Through this great enterprise, not only was our homeland better protected, but our economy was strengthened, diversified and energized, and educational opportunities were created for the American people; Also through this great enterprise we leamed the value and the necessity of transportation . infrastructure investment. A. we look to the post 'and celebrate the gifts and talents and visions of our predecessors we are inextricably drawn to look to the future. to determine the mobility needs of the citizens of this great nation for the next 50 years. Not only bighWl\Ys, but seaports, airports, freight and passenger mil lines, transit, high speed passenger rail and other modes of transportation as well as the industries that use and support them. are ess.cntial; if the progress we have mAde as a nation is to be extended into the future. 1 Shaping the Next Half CentUry Americans in the 21 n Century face a brave, new world. We continue to encounter new and unique rhol~s, though we remsin steadfast in our desire to sustain our position as a world leader economically and to provide the safest and most efficient tranliportation opportunities possible. Fortunately, we now also have the advantage of knowing what is possible through sufficient investment in ttansportation. It is our obligation and legacy that we will use the past as a model for the future and that the next fifty years will be a renaissance for multimodal transportation investment. Once again while taking care of the basics, we must pursue novel transportation solutions to ensure domestic defense" to combat a steadily increasing population and to protect the safety of our mobile citizens. Luckily, we now have unlimited research pointing us toward tranliportatiOo investment as a solution, and technology has afforded us with significantly more flexibility than that of fifty years ago. Where President Eisenhower once sought to connect the country with CQllSt-tQ-COast highways, we now , look to multimodal transportation networks, where all facets and modes of imnsportation w"'.....,i"gle to provide the most efficient infrastructure imaginable. However, with this ,knowledge come. great responsibility. It is up to us as local, regional, sblte and nationaladvoeates of improved ttansportation to share our message with the public and with policymakers at all levels. To this end, we will aim to implement an aggressive communications strategy, which will entail recognition of the Interstate Highway System as a model for transportation investment in our country, as well as the promotion of other issues that might lead to increased funding for America's strained infrastructure. As intended at the original signing of this document on Augost 12, 2005 at the 8" Annual Texas Transportation Summit by the City of Irving, Tens, we, the undersigned, will work to rally ttansportation advocates and others, alike, to initiate several .i!l";M~ant meetings and events aimed to move us closer to our goals. At present, scheduled events include an 8" Annual TCltllS Ttansportation Summit Co-host Organintions follow-up meeting in October; a celebratory signing ceremony hosted by the American Road and Transportation Builders Association (ARTBA) on June 29, 2006, the actual 50'" anniversary of President Eisenhower's signing of the Inter.blte Highway legislation; and Iinally, at the 9'" Annual Transportation Summit in Irving, Texas, the culm.inating commemoration of the anniversary and the kickoff to the pursuit of our collective multirnodal transportation vision for the next hili century. Collective Statement of Purpose and Declaration of Commitment We, the undersigned, hereby confirm our dedie..tion to promoting public multimodal transportation investment that will ensure the safety, efficiency and economic welfare of an Americans for the next hili century. We pledge to promote improved public m,ultimodal transportation and to seek out creative and innovative solutions that will carry the Uuited Sbltes during the 21 n century. We will follow the example of the leaders who came before us by pursuing a mu1timodal transportation network that will promote the social and economic development of our country. Together, we will .hape the future- . /7jiAf ~. . .~ ~..~ N_ ~~~:~ Contact Infoam.t:ic?n Please retum CZCOltm. copies to: Dem InttmatiolW. Inc.. Attn: I..aum Paz. S080 PatU.... Suite 600, DaIW, T.... 75231.1foz@d_214.750.0123,fu214.750.0124 2 RESOLUTION RESOLUTION NO. {200!J-()4~ A RESOLUTION OF THE CITY OF DENTON TEXAS, GRANTING RECOGNITION OF LOCAL 1291 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE NON-EXEMPT EMPLOYEES OF THE DENTON FIRE DEPARTMENT, AND AUTHORIZING THE CITY OF DENTON, TEXAS TO MEET AND CONFER WITH LOCAL 1291 UNDER SUBCHAPTER C OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE, WITHOUT CONDUCTING AN ELECTION. WHEREAS, on October 18, 2005, pursuant to Section 142.103 of the Texas Local Government Code, the City of Denton, Texas received a Petition Requesting Recognition of Local 1291 of the International Association of Fire Fighters as the sole and exclusive bargaining agent for all of the non-exempt employees of the Denton Fire Department; and WHEREAS, the City of Denton is ready, willing and able to proceed with the negotiation process pursuant to law; and WHEREAS, the City Council has directed the City Manager to proceed with the negotiation process, after legal briefings upon the relevant provisions of the statute and applicable Texas law; and WHEREAS, the Fire Chief and City staff have developed a bargaining program and agenda during the preceding month, and hilVe prepared to meet with Local 1291 of the International Association of Fire Fighters on behalf of the firefighters; and WHEREAS, the Council finds that it is necessary to formalize, ratify, and confirm certain operative legislative facts and legal conditions; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. That Local 1291 of the International Association of Fire Fighters is recognized as the sole and exclusive bargaining agent for the non-exempt members of the Denton Fire Department, in accordance with and pursuant to Chapter 142, Sections 142.101- 142.119 of the Texas Local Government Code. SECTION 2. The Council ratifies and confirms that the provisions of Chapter 142 have been placed into effect, and that the City of Denton will engage in Meet and Confer negotiations with the recognized agent. PASSED AND APPROVED this, the 15th day of November, 2005. c~AoL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER _ NEY RESOLUTION FILE REFERENCE FORM R2005-047 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. 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 S:\Our Documcnts\Resolutions\05\Investment Policy Review2.doc RESOLUTION NO. .f2COS:-OtJ. 7 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 Servo 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 IS, 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, by Resolution No. 2004-008, passed by the City Council on February 3, 2004, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-008, passed by the City Council on February 22, 2005, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOV'T CODE ch. 2256, by the 79th Legislature; NOW, THEREFORE, S:\Our Documents\Resolutions\05\lnvestment Policy Rcview2.doc THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council has reviewed the attached City of Denton Investment Policy, which contains the City's investment policies and investment strategies for each of the funds under its control and hereby adopts the attached Investment Policy, which is made a part of this Resolution for all purposes. SECTION 2. The Assistant City Manager, Jon Fortune, and the Chief Finance Officer are hereby designated as the City's Investment Officers to perform the functions required of them. The Investment Officers are hereby authorized to perform the functions required of them under the Investment Policy and in accordance with TEX. GOV'T CODE ch. 2256 (Code) and shall complete the investment training required in accordance with the Code. SECTION 3. 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 arc 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. 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, Resolution No. 2002-055, Resolution No. 2004-008, and Resolution No. 2005-008 shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ! IJfh day of vt M/J7~A) ,2005. c~~J,- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTE , CITY SECRETARY APPR ED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY AT ORNEY BY: Page 2 of2 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 1 of 13 SECTION: FINANCE POLICIES REFERENCE NUMBER: 403.06 INVESTMENTS INITIAL EFFECTIVE DATE: SUBJECT: 02/17/87 LAST REVISION DATE: TITLE: INVESTMENT POLICY 06/97 9/99 12/01 1/04 11/97 12100 12/02 2/05 I. PURPOSE This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Ann. Chapter 2256, hereinafter referred to as the "Act", as amended and effective September I, 1997. II. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section lIB, shall be excluded from this Investment Policy. [All financial assets of all funds, including the General Fund and any other accounts of the City not specifically 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 thc 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 lund. . B. 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. III. 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. 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: POLICY I ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 2 of 13 TITLE: INVESTMENT POLICY 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. B. 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. C. 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 providc daily liquidity and may be utilized as a competitive yield alternativc to fixed maturity investmcnts. D. Marketability - Securities with active and cfficient secondary markets arc necessary in the cvcnt of an unanticipated cash requirement. Historical market "spreads" between the bid and offer priccs of a particular sccurity typc of less than a quartcr of a pcrccntagc point shall define an efficient secondary market. E. Diversification -Investmcnt maturities shall be staggered throughout the budget cycle to provide cash flow bascd on the anticipated nceds of thc City. Divcrsifying the appropriate maturity structure will reduce market cycle risk. F. 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 "benchmark". A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary increascs. 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 Chief Finance Officer 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 implementcd considering the fund's unique requirements and the following shall 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: POLICYI ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 3 of 13 TITLE: INVESTMENT POLICY A. Operatillg FUllds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles. This may be accomplished by purchasing high quality, short-term securities, which will compliment each other in a laddered maturity structure. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security. B. Debt Service FUllds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less win be maintained and calculated by using the stated final maturity date of each security. C. Debt Service Reserve FUllds - Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a 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 inIermediate-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. A dollar weighted average maturity of 650 days or less will be maintained. C. COllstructioll alld Special Purpose FUllds - 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. E. Market prices for all public fund investments win 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, Chief Finance Officer, Mayor, and one member of the City Council. Scope - The Investment Committee shall meet at least quarterly to determine general strategies and to monitor results. Included in its deliberations win be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. POLICY/ADMINISTRA TlVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 4 of 13 TITLE: INVESTMENT POLICY 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 A. Delegation & Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Chief Finance Officer. The Cash & Debt Administrator will have a support role. The Assistant City Manager and Chief Finance Officer are designated as investment officers, pursuant to section 2256.005 subsection I' 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 I, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT), Government Finance Officcrs Association of Texas (GFOA T). 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. The Assistant City Manager shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Chief Finance Officer. The controls shall include a quarterly process of independent review by an individual 'or firm designated by the Assistant City Manager, 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, Chief Finance Officer, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investrnent Policies and Guidelines are followed. B. 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. C. Disclosure - Anyone involved in investing City funds shall file with the Assistant City Manager and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 5 of13 TITLE: INVESTMENT POLICY Denton investments. An investment officer has a personal business relationship with a business organization if: 1. 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; 2. Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or 3. The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is related within the second degree by affinity or consanguinity as determined under the Tex. Gov'l. 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. D. 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. E. Reporting Monthly - The Chief Finance Officer shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall include total investment return to date and compare the return with budgetary expectations or projections. Quarterly - The Chief Finance Officer 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: I) 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 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 6 of 13 TITLE: INVESTMENT POLICY 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 one hundred-twenty (120) days of the end of the Fiscal Year, the Chief Finance Officer shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. F. The guidelines of retaining records 'for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Chief Finance Officer shall oversee the filing and/or storing of investment records. VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A. Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Subsection E) B. Authorized Investments (Per HE 2459 and Sections 2256.009 through 2256.017 of the Act)- Assets offunds of the government of the City of Denton may be invested in; 1. Obligations of the United Siates of America, its agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; 2. Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years); 3. 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); 4. 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 POLICY/ ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 7 of 13 TITLE: INVESTMENT POLICY the National Credit Union Share Insurance Fund or its successor; secured by obligations described in I 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); 5. 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 instrumentalities pledged with a third party, selected and approved by the City through its Chief Finance Officer, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (termination date must be 30 days or less); 6. Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-lor P-I or an equivalent rating by at least two nationally, recognized rating agencies. 7. a. Public Fund Investment Pools with a weighted average maturity of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. 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 other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (I) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor 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 POLICY/ ADMINISTRA TIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 8 of 13 TITLE: INVESTMENT POLICY policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. C. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (I) investment transaction confirmations; and (2) 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; (l) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. 8. 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.l. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share: furthermore, it provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USe. Section 78a et. Seq.) or the Investment Company Act of 1990 (15 USC Section 80a-I et. Seq.). 9. Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. e. 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. I. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. POLICYI ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 9 of 13 TITLE: INVESTMENT POLICY 3. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. 4. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. D. 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: 1. 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. 2. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/collaterlized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment Tvoe % 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 Ab'feements 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 All Other Investment Pools No more than No more than No more than 10% 40% $10,000,000 POLICY/ADMINISTRATIVE PROCEDURE/ ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 10 of13 TITLE: INVESTMENT POLICY E. 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. F. 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. G. Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield 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 /Tom 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. POLICYI ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page II of 13 TITLE: INVESTMENT POLiCY VIII. SELECTION OF BANKS AND DEALERS A. 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 Chief Finance Officer 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 Chief Finance Officer. B. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealers and financial institutions upon: I. 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. The Chief Finance Officer 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 Committce has removed from an approved list. C. Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The firm must acknowledge that it has implemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 12 of 13 TITLE: INVESTMENT POLICY the Chief Finance Officer. The City's investment officer(s) may not transact business from a person who has not delivered the required written instrument to the City. D. Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with anyone 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 payrol1 or other expenses. IX. PRINCIPAL PROTECTION AND SAFEKEEPING A. All banks' and savings and loan associations' deposits and investments of City funds shal1 be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC. Evidence of proper col1ateralization 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 wil1 be maintained in the office of the Chief Finance Officer al1 time. The Assistant City Manager, Chief Finance Officer or other authorized City Representative will approve and release al1 pledged collateral. Collateral wil1 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 col1ateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged col1ateral. B. Safekeeping procedures shal1 be established by the Investment Committee which clearly define steps for gaining access to the Col1ateral should the City determine that the City's funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of the procedure. C. Col1ateral Defined - The City of Denton shal1 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. O. Delivery vs. Payment - AI1 transactions wil1 be executed with authorized security dealers and financial institutions on a delivery-versus-payment (OVP) basis. That is, funds shal1 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 al1 safekeeping receipts shal1 be delivered to the City. Securities will be held by the City's safekeeping agent, which shal1 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. E. Subject to Audit - All collateral shal1 be subject to inspection and audit by the Chief Finance Officer, or designee, as well as, the City's independent auditors. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: 408.04 Page 13 of 13 TITLE: INVESTMENT POLICY X. MANAGEMENT AND INTERNAL CONTROLS The Chief Finance Officer, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls: Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcilements and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations 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 S:\Qur Documcnts\Resolutions\05\DCAD Casting Votes.doc RESOLUTION NO. ,f2tJtJc;-OW A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby casts 82 votes for Rick Woolfolk and 81 votes for Charles Stafford for membership to the Board of Directors of the Denton Central Appraisal District for the County of Denton, Texas. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /gflL day of ~ ;}{jf~ ,2005. C~~JL EULlNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED A TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: RESOLUTION S:\Our Documents\Resolutions\05\Appraisal Review Board 2005.doc RESOLUTION NO. 1{2 t(}5- clef 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 31,2005; 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. The City of Denton, Texas, hereby nominates Bill James, Jack Weir, Howard Creamer, William Sinclair, and Patrick Carr as members to the Appraisal Review Board of the Denton Central Appraisal District. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /5ti day of C/{r!tJ.tmdlA'--, ,2005. ~~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER;-CITY A TT .---' /~ { RESOLUTION S:\Our Documents\Reso\utions\05\reimbursement resolution - vehicles.doc RESOLUTION NO. ;( .;(iL'OS-- (Y.5O A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE MOTOR POOL FUND WITH CERTIFICATES OF OBLIGATION SO THAT VEHICLES APPROVED IN THE 2005-06 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 2005-06 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 I. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $],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. 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 ] 8 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. That all amounts expended from 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 2005-06 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. S:\Our Documents\Resolutions\05\reimbursement resolution - vehicles. doc PASSED AND APPROVED this the &:/~Jday of V<!..f471.lf?.0'U C~ #vocL ,2005. EULlNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 . S:\Our Documents\Resolutions\05\reimbursement resolution - vehicles. doc ATTACHMENT A 2005-06 Motor Pool Fund Vehicles $1,500,000 The 2005-06 budget approved by Council included the issuance of Certificates of Obligation to purchase replacement vehicles and equipment for public safety. Page 3 RESOLUTION FILE REFERENCE FORM 82005-051 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other I FILES Date Initials Replaced by Resolution No. 82008-003 02/05/08 J R $:\Our Documents\Resolutions\05\Tax Abatement Policy.doc . '4 RESOLUTION NO. &005 -057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS. REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as the Denton Policy for Tax Abatement (sometimes referred to as "Policy"), passing by Resolution No. R2000-028; and WHEREAS, on May 1,2001, the City Council amended the Policy to allow waiver of the five million dollar threshold and the maximum tax abatement percentage; to define professional positions; to make other changes as set forth in the amended Policy; and WHEREAS, on August 19, 2003, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19,2005; and WHEREAS, the City Council desires to promote economic development within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment, the creation of jobs, and other economic development benefits; and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex. Tax Code, allows the city to establish its own criteria for tax abatement and the City has previously adopted guidelines for tax abateme,nt by passing resolutions Nos. R90-018, R98-004, R2000-028, R2001-020 and R2003-021; and WHEREAS, the City Council deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Denton Policy for Tax Abatement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The polices, guidelines and criteria found in the Denton Policy for Tax Abatement, attached hereto as Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in all things approved and adopted. From and after the effective date of this Resolution, the attached Denton Policy for Tax Abatement shall constitute policy S:\Our Documents\Resolutions\05\Tax Abatement Policy.doc guidelines and criteria governing tax abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex. Tax Code. SECTION 2. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote OfJ/4 of the members of the Council. SECTION3. The City Council hereby reasserts its decision to become eligible to participate in tax abatement. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City, in accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in accordance with the guidelines and criteria established in the attached Exhibit A and in the amended Policy. SECTION 4. This Resolution shall become effective immediately upon its passage and approv~.l at the. regular meeting of the City Council of the City of Denton, Texas, on the t"f./l{.) day oYJ2f.a1rb",--, 2005, at which meeting a quorum was present and which meeting was held in accordance with the provisions of Tex. Gov.'t Code 9551.001, et seq. PASSED AND APPROVED this the &~ day of O~ Vl/LA. . ,2005. ~~JL. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 0[2 5:\Our DocumentsVvliscellaneous\OS\Tax Abatement Policy Draft-4 Revised.doc EXHIBIT A DENTON POLICY FOR TAX ABATEMENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives aze generally served by the enhancement and expansion of the local economy, the City will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to pcovide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that otherwise would not occur. Abatements will not be considered if construction of a project already has begun. Tax abatements, as described in this Policy, will be available for new and/or existing facilities and structures and for businesses wanting to locate, expand or modernize, existing or new facilities and stmctures, including, without limitation, basic industries, corporate office headquarters or distribution centers, except as this Policy may be limited for property described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") II. ECONOMIC DEVELOPMENT PARTNERSIIIP BOARD Requests for tax abatement shall be reviewed by the Economic Development Partnership Boazd ("Board"), the Boazd being comprised of two City Council members, two Chamber of Commerce Boazd members, two representatives from the top twenty taxpayers, and one representative from the University of North Texas. The Boazd serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. lts recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the Board or presented to the Board. The Tax Abatement Application shall be substantially in the form of Exhibit A of this Policy. All meetings of the Board shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Govemment Code. III. VALUE OF INCENTIVES The criteria outlined in the Application will be used by the Boazd in determining whether or not it is in the best interests of the City to recommend that tax abatement be offered to a particulaz project. S:\Our Documen[sVvtiscellaneous\OS\Tax Abatement Policy Draft-4 Revised.doc Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employment, expansion of the tax base, and economic development. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table: TABLE 1: Establishes a framework for considering the length and percentage of abatement according to assessed real property value of improvements and of tangible personal property located on the real property. VALUE OF STRUCTURE AND PERSONAL PROPERTY IN MILLION DOLLARS YEARS OF ABATEMENT PERCENTAGE OF ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this Policy, the City may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years. No applicant may receive credit for more than five of the following factors: ^ The project will occupy a building that has been vacant for at least two yeazs; The project will create high-skilled, high-paying jobs as documented by the applicant; (A breakdown of number ofjobs per job classification and entry level wage per classification will be used to determine eligibility); • The project will involve a significant relationship with one of the two universities in Page 2 of 17 S:\Our Documen[s\Miscellaneous\OS\Tax Abatement Policy Draft-4 Revised.doc Denton; At least 25% of the new jobs created by the project will be filled by Denton residents; The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entrylevel); The project will donate significant public art to the community. (To qualify, donation must be approved by Greater Denton Arts Council and City Council); The project will donate significant materials/equipment to the public schools (to qualify, donation must be approved by DISD and City Council); The project will create improvements to the Denton Central Business District; ^ The project will result in the formation of a business pazk; The project is an international or national headquarters facility. ^ The project is a medical manufacturing or reseazch facility. The total tax abatement may not exceed 50% annually for ten yeazs. All abatements are subject to final approval of the City Council. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table 1 aze considered guidelines for establishing the Tax Abatement Agreement terms. However, the City may determine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If abatement is approved, the City may consider applying all or a portion of the abatement in the first yeaz or during any shorter period within the term of the tax abatement agreement. For example, an approved abatement of 25 percent for four yeazs may be applied as 100 percent abatement for one yeaz. When the City of Denton determines that incentives aze required to retain existing businesses, which propose to improve or redevelop property within the City limits, the Denton City Council may consider these "special projects" on a case-by-case basis and reserve the right to waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement. The City of Denton may also take into consideration as "special projects" the expansion redevelopment of existing businesses that create new or additional professional jobs. Abatement hereunder will only apply to the increased valuation of the improvements over the appraised value of the property prior to such improvements as same is established by the Denton Central Appraisal District the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. Professional jobs aze defined as "occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge; a calling requiring specialized knowledge and ofren long and intensive academic preparation; requires some research, analysis, report writing and presentations. Special licensing, certification, or registration may be required to perform the job task; the work of professional positions is creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep abreast of and exercise judgment and broad perspective in the application of an organized body of knowledge that is constantly studied to make new discoveries and interpretations or to improve the data, materials and methods; may involve some supervision and budgeting/planning." Page 3 of 17 S:\Our DocumentsVv[iscellaneous\OS\Tax Abatement Policy Dmti-0 Revised.doc A business pazk is defined as amulti-building, multi-tenant, master planned complex of approximately one million squaze feet or more of under roof, constructed to house manufacturing, distribution, assembly, and office facilities. When the City determines that abandoned property may require additional incentives to promote economic development that generally satisfies the requirements of this Policy, the City may waive the minimum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives for special projects to redevelop abandoned buildings consistent with existing law. For the purpose of this Policy, an abandoned building is defined as a building that has been identified as being suitable for commercial or industrial development, has been vacant for a minimum of five years or has substantially declined in appraised value. Abatement would only be considered on the increased valuation of the improvements in each year covered by the tax abatement agreement over the value of the property for the year in which the tax abatement agreement is executed. The City may also consider other tax incentives authorized by law. IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide taa abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. Applicant shall prepaze a map or other documents providing the following: • precise location of the property and all roadways within 500 feet of the site • existing uses and conditions of real property • proposed improvements and uses • any proposed changes in zoning • compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. C. A complete legal description shall be provided. Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. D. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. E. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. Page 4 of 17 S:\Our Documen[sVvliscellancous\OS\Taz Abatement Policy Draft-4 Revised.doc F. Copies of the complete application package and staff comments will be provided to the Board. G. Fiscal agents of the City will review the application for comments and recommendation. Additional information may be requested as needed. H. The Board will consider the application at a regular or called meeting(s). Additional information may be requested as needed. I. The recommendation of the Board will be forwazded, with all relevant materials, to the City Council. J. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. K. The Ciry Council shall hold a public heazing and determine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City afrer the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a tax reinvestment zone. L. The City Council may consider adoption of an ordinance designating the azea described in the legal description of the proposed project as acommercial/industrial tax abatement zone. M. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the Ciry Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. N. The City reserves the authority to enter into tax abatement agreements at differing percentages and/or terms as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code. Page 5 of 17 S:\Our Documents\Miscellaneous\OS\Tax Abatement Policy Draft-4 Revised.doc Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each yeaz; 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and termination date; 5. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. Upon completion of construction, the City Council shall receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepaze a breakdown of those figures. Businesses receiving a tax abatement are asked to use diligent efforts to purchase all goods and services from Denton businesses whenever such goods and services are comparable in availability, quality and price. The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers who are historically underutilized businesses based on information provided by the General Services Commission pursuant to Chapter 2161 of the Government Code. In the selection of subcontractors, suppliers or other persons or organizations proposed for work on this Agreement, the OWNERS agree to consider this Policy and to use their reasonable and best efforts to select and employ such companies and persons for work on this Agreement. Businesses receiving tax abatements are asked to endeavor to make available, or endeavor to cause lessees or assignees to make available, full-time or part-time employment with on-the job training for Denton citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low-moderate income Census tracts as further defined in the Concentration of Low/Mod Income by Block Groups shown below. Page 6 of 17 S:\OUT Documents\Miscellaneous\05\Tax Abatement Policy Drafi-4 Revised.doc DENTON, TEXAS Concentration ofIow-moderate income households Highlighted block groups have at least 51 % low/moderate income o < m " ~ FM 2449 Page 7 of 17 S:\Our Documenls\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc DENTON, TEXAS Concentration of Low/Moderate Income households by Block Groups Concentration of Low/Mod Income by Block Groups 0-50% 51%-60% 61% -70% 71%-80% 81%-90% 91% - 100% Source: 2000 U.S. Census Page 8 of 17 S:\Our Documents\MisceIlaneous\05\Tax Abatement Policy Draft-4 Revised.doc EXIllBIT A The City of Denton Tax Abatement Application About the Application... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations. The Application And The Agreement... Specific information from the Application (such as value of new investment and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attachment to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to make sure you're comfortable with the contents. When Is The Application Final? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What About ConfulentiaJJty? Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary. This would include anything in your application which you consider a trade secret, commercial or financial information which you can demonstrate by specific factual evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or bnsiness activities to be conducted or the equipment or other property for which the tax abatement is sought, any financial or other incentive you may be seeking from the City or any other information you deem to be confidential under the law. Who is Authorized To Sign the Application? Because the Application itself is non-binding, the person signing need not be the property owner or even Page 9 of 17 S:\Our Documcnts\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc an individual duly authorized to sign on behalf of the property owner. However, if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement. Page 10 of 17 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc City of Denton Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-8305 (940) 349-8518 FAX www.citvofdenton.com Linda.Ratiiff@citvofdenton.com Page 11 of 17 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS I. Property Owner Company or Project Name Mailing Address Telephone Website I Fax No. Contact Name Title Mailing Address Telephone Email Address I Fax No. 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. 3. Provide a record of mergers and financial restructuring during the past ]5 years. 4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? 5. Is the project a relocation of existing facility or a new facility to expand operations? Ifrelocation, give current location. Pagel2ofl7 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised,doc 6. Ifan existing Denton business, will project result in abandonment of existing facility? Ifso, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. 7. Property Description. Attach a copy of the legal description detailing property's metes and bounds. Attach map of project including all roadways, land use and zoning within 500 feet of site. 8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property). 9. Increased Value/Estimated Total Cost of Project. Structures $ Personal Property $ Site Development Other Improvements $ $ 10. Indicate amount of tax abatement and number of years requested for each taxing entity. City of Denton % years Denton County % years List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water/Wastewater Infrastructure Assistance $ 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. Page 13 of 17 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc 12. Project Construction Phase A. Estimate percentage of project development and construction dollars to be spent with Denton based contractors or sub-contractors. Construction costs $ Percentage local contractors % B. Construction Employment Estimates: Start Date (MoNr) No. of Construction Jobs C. Describe any off-site infrastructure requirements: . Water Completion Date (MoNr) Estimated Total Construction Payroll $ . Wastewater . Streets . Drainage . Other Page 14 of 17 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc 13. Project Operation Phase. Provide employment information for the number of years tax abatement is requested. At Project Existing Start Date At Term of Employment Information Operation (molyr) Abatement (if applicable) ---1_ A. Total number of permanent, full-time jobs B. Employees transferred from outside Denton C. Net permanent full-time jobs (A. minus B.) E. Total annual payroll for all permanent, full-time jobs (A.) F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Estimate annual utility usage for project: Electric $ Wastewater $ I :a:ter $ $ 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section III). 15. Is property zoned appropriately? Yes Current zoning. Zoning required for proposed project. Anticipated variances. No Page 15 of17 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc 16. Is property platted? Yes No Will replatting be necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. 20. Justification for Tax Abatement Request Substantiate and more fully describe the justification for this request. Include the amount of the abatement requested and show how it will contribute to the financial viability of the project. Submit attachments if necessary. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy. Page 16 of 17 S:\Our Documents\Miscellaneous\05\Tax Abatement Policy Draft-4 Revised.doc 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case ofa new project, a business plan. This tax abatement application is submitted with the acknowledgement that additional certified [mancial information may be required. Authorized Signature Date: Page 17 of 17 RESOLUTION FILE REFERENCE FORM I R2005-052 I FILE(S) Date Initials Superceded by Resolution No. R2006-013 04/18/06 JR S:\OUf DocumentslResolutionsl05\:llIdit committee,doc RESOLUTION NO. 12 tJOS-IJ.!:T2 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING INTERNAL AUDIT FUNCTIONS OF THE CITY OF DENTON; ESTABLISHING AN AUDIT COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the objective of the City of Denton to maintain a comprehensive program of internal auditing as an overall internal control measure and a service to the City; and WHEREAS, the purpose of the Internal Audit Department is to aid the City Council and City management in achieving City goals and objectives, while minimizing undue risk; and WHEREAS, internal audit is a control that functions by measuring and evaluating the effectiveness of other City controls; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The functions of the Internal Audit Department, which are attached hereto and incorporated as if fully rewritten herein, are hereby approved. SECTION 2. There is hereby established an Audit Committee ("Committee") composed of the Mayor, one District City Council member, and one At-Large City Council member. Ex officio members on the Committee include the City Manager and up to two Assistant City Managers. Other voting and non-voting members may be added upon determination by the voting members of the Committee. , SECTION 3. The City Council members on the Committee shall be rotated, and shall serve alternating, two-year terms. The District City Council member will be rotated off the Committee in odd-numbered years, while the At-Large City Council member will be rotated off the Committee in even-numbered years. The Mayor and ex officio members shall remain on the Committee until voluntary resignation from the Committee, end of term in office, or termination from the City. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ! gth day of /Je(l..trn/W , 2005. c~A~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~/lf,hd1llA1iJM1 /l~Lt. APPROVED AS TO LEGAL FORM: EDWIN M. SNYD , CITY ATTORNEY BY: Page 2 City of Denton Internal Audit Following is the governing document for the Internal Audit function of the City of Denton. Ohjective It is the objective of the City of Denton to maintain a comprehensive program of internal auditing as an overall internal control measure and a service to the City. Its purpose is to aid the City Council and City Management in achieving City goals and objectives while minimizing undue risk. Internal Audit is a control that functions by measuring and evaluating the effectiveness of other City controls. Reporting Structnre Administratively, and when independence is not compromised, Internal Audit will report directly to the City Manager. All administrative matters concerning work schedules, time off, performance evaluations, hiring, firing, etc., will be handled by the City Manager. Operationally, Internal Audit will report to the City's Audit Committee. The Audit Committee will approve annual Internal Audit plans, as well as review audit work performed throughout the year. The Audit Committee will consist of the Mayor and two additional City Council members. Other Committee members, both voting and non- voting, may be added upon determination by the above listed Audit Committee members. Non-voting or ex officio members will include the City Manager and up to two Assistant City Managers. Audit Committee Rotation City Council members on the Audit Committee shall be rotated, serving an alternating, two-year term. One District City Council member will be rotated off the Audit Committee on odd years, while one At Large City Council member will be rotated off the Audit Committee on even years. To provide additional continuity, however, the Mayor and all non-voting or ex officio committee ,members will remain members until voluntary resignation from the committee, end of elected position or termination from the City. Authority Internal Audit is responsible for providing the City Council and City Management information about the adequacy and effectiveness of its systems of internal controls and quality of operating performance when compared to established standards. To accomplish this, Internal Audit shall have unrestricted access to all activities, properties, personnel and records which are relevant to an area under review, to the extent permitted by law. It is understood that certain items are confidential in nature and special arrangements will be made when examining and reporting such items. On an annual basis, the Audit Committee will approve Internal Audit's annual Internal Audit Plan authorizing the performance of the reviews included. As part of the Internal Audit Plan, authorization to perform special projects and reviews is granted to Internal Audit by the Audit Committee. This allows for the performance of unplanned Internal Audit projects/reviews throughout the year, when determined necessary by Internal Audit, City Management or the City Council. Independence Internal Audit shall be free from control or undue influence in the selection and application of audit techniques, procedures and programs; the determination of facts revealed by the examination or in the development of recommendations or opinions; and the selection of areas, activities, personal relationships and managerial policies to be examined. For this reason, Internal Audit reports operationally to the Audit Committee. When matters involving City Management arise, or other matters as determined by the Internal Auditor, the Internal Auditor will have the right to call together only those members of the Audit Committee that are not a part of City Management. Responsibility The responsibility of Internal Audit is to examine and evaluate the adequacy and effectiveness of the City's systems of internal controls and the quality of operating performance against established standards. Internal Audit will issue reports of all findings to the appropriate members of City Management, as well as to the Audit Committee. Internal Audit will be responsible for monitoring management's progress as it relates to the resolution of issues noted during reviews performed. However, the resolution of issues noted and the implementation of new procedures and processes is the sole responsibility of City Management. ; Further, on an on-going basis, the internal controls throughout City operations are the sole responsibility of City Management. .' ~. Audit Records Accessibility In accordance with the Public Information Act, final reports, along with the supporting documentation, issued by Internal Audit are subject to Open Records Requests. Some exceptions may apply to employee or other investigations performed in conjunction with the City Legal or Police Departments. Since Internal Audit has the authority to perform reviews of all areas of the City's operations, the availability of audit working papers may be withheld if allowed by the Public Information Act. RESOLUTION FILE REFERENCE FORM I R2005-053 I FILE(S) Date Initials Amended by Resolution No. R2006-033 09/12/06 JR S:\Our Documents\Resolutions\05\Regional Transit Initiative.doc RESOLUTION NO. f2()O/i- 053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE REGIONAL TRANSIT INITIATIVE; PROVIDING FOR TRANSMISSION OF THIS RESOLUTION TO A DESIGNATED MEMBER OF THE TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the urbanized area in the North Central Texas region needs seamless rail service in order to sustain regional mobility, a strong economy, and a high quality of life; and WHEREAS, DART, DCTA, and the T are existing regional transit service providers with established service areas and funding sources; and WHEREAS, much of the current and projected regional growth is occurring beyond the service areas of the existing transit service providers; and WHEREAS, seamless regional rail service should be provided by the existing three transit agencies and a single new entity working in cooperation with one another to achieve optimal efficiency and effectiveness; and WHEREAS, the provision of regional rail service outlined in adopted Metropolitan Planning Organizations ("MPO") planning documents will require a new annual revenue stream of approximately $165 million; and WHEREAS, legislative authority is needed to create an entity and a funding source to provide revenue to build and operate regional rail service as outlined in adopted MPO planning documents; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Council expresses its support for establishing a regional rail authority and levying an additional one-half cent sales tax to fund construction and operation of seamless regional rail service on the corridors identified in the MPO-adopted regional rail plan. SECTION 2. The City Council requests the Texas Legislature to grant authority to local governments to submit to their constituents a ballot issue to consider establishing a regional rail authority levying an additional (beyond the two-cent cap) one-half cent sales tax to fund construction and operation of seamless regional rail service. SECTION 3. The City Council commits, in the event authority is granted by the Legislature, to submit to its electorate a ballot issue to consider establishing a regional rail authority and levying an additional one-half cent sales tax to fund construction and operation of seamless regional rail service. S:\Our Documents\Resolutions\05\Regional Transit Initiative. doc SECTION 4. The City Manager, or his designee, is hereby directed to send a true and correct copy of this Resolution to Senator Florence Shapiro's Capital Office in Austin, Texas, Attention Sarah Bagwell. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /fJlk day of ,/k(lf/JlJe.1) ,2005. C~AdL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: OrJJ11/ i!iduudtA11L tJAfdt V I APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY flY ~F4 Page 2 of2 RESOLUTION RESOLUTION NO.{2 {)05- CSt! A RESOLUTION OF THE CITY OF DENTON TEXAS, GRANTING RECOGNITION OF THE DENTON POLICE OFFICERS ASSOCIATION AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE NON-EXEMPT EMPLOYEES OF THE DENTON POLICE DEPARTMENT, AND AUTHORIZING THE CITY OF DENTON, TEXAS TO MEET AND CONFER WITH THE DENTON POLICE OFFICERS ASSOCIATION UNDER SUBCHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE, WITHOUT CONDUCTING AN ELECTION. WHEREAS, on November 21,2005, pursuant to Section 142.053 of the Texas Local Government Code, the City of Denton, Texas received a Petition Requesting Recognition of the Denton Police Officers Association as the sole and exclusive bargaining agent for all of the non- exempt employees of the Denton Police Department; and WHEREAS, the City of Denton is ready, willing and able to proceed with the negotiation process pursuant to law; and WHEREAS, the City Council has directed the City Manager to proceed with the negotiation process, after legal briefings upon the relevant provisions of the statute and applicable Texas law; and WHEREAS, the Police Chief and City staff have developed a bargaining program and agenda during the preceding month, and have prepared to meet with the Denton Police Officers Association on behalf of the police officers; and WHEREAS, the Council finds that it is necessary to formalize, ratify, and confirm certain operative legislative facts and legal conditions; NOW, THEREFORE, BE IT RESOLVED: SECTION 1. The Denton Police Officers Association is recognized as the sole and exclusive bargaining agent for the non-exempt members of the Denton Police Department, in accordance with and pursuant to Chapter 142, Sections 142.051-142.068 of the Texas Local Government Code. SECTION 2. The Council ratifies and . confirms that the provisions of Chapter 142 have been placed into effect, and that the City of Denton will engage in Meet and Confer negotiations with the recognized agent. PASSED AND APPROVED this, the 13th day of December, 2005. C~~~ EULINE BROCK, MAYOR Page I .." ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Ow I!tNuudlj/~/ dub. ~ ' APPROVED AS TO LEGAL FORM: EDWIN ~~_"~~DER;-eITY-ATTORN)- /" ( BY;: ~- S:\Our Documcms\Rcsolulions\05\M&C Resolution - Police. DOC Page 2