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HomeMy WebLinkAboutResolutions R2007-001 to R2007-043 RESOLUTION S:\Our Documents\Resolutions\06\Fry Street Small Area Plan District Resolution.doc RESOLUTION NO. f 2. rJI),l- rJ(J I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A POLICY FOR TAX ABATEMENT FOR THE FRY STREET SMALL AREA PLAN DISTRICT IN THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE. and WHEREAS, the City Council desires to promote economic development within Denton; 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 City Council has adopted Section 10-129 of the Code of Ordinances, which Section is incorporated herein for all purposes; and WHEREAS, the City Council deems it in the public interest to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Fry Street Small Area Plan District Tax Abatement Policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The polices, guidelines and criteria found in the Fry Street Small Area Plan District Tax Abatement Policy, 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 Fry Street Small Area Plan District Tax Abatement Policy shall constitute policy guidelines and criteria governing tax abatement agreements 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and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote oP/. of the members of the Council. SECTION3. The City Council hereby asserts its decision to become eligible to participate in tax abatement in the Fry Street Small Area Plan District. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the District, in accordfU1ce 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 Policy. S:\Qur Documents\Resolutions\06\Fry Street Small Area Plan District Resolution.doc SECTION 4. This Resolution shall become effective immediately upon its passage an~ approval at the regular meeting of the City Council of the City of Denton, Texas, on the 23- day OfVanll-~~ ' 201)2, at which meeting a quorum was present and which meeting was held in accordanc with the provisions of Tex. Gov.'t Code 9551.001, et seq. PASSED AND APPROVED this the 23ddayof VtUZaarl/ 2007. I P~~~~.KOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~i~\J~ APPROVED AS 0 LEGAL FORM: EDWINM. SNYDER, CITY ATTORNEY , BY: ~~ ~ .7 . / Page 2 of2 S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy. doc FRY STREET SMALL AREA PLAN DISTRICT TAX ABATEMENT POLICY I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality and to an ongoing improvement in the quality of life for its citizens. Historic preservation offers stable, distinct and interesting neighborhoods that add to the uniqueness of our community. The city council has found and declared as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and general welfare of the people, and has stated in city code #35.7.6 that they shall: A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places; B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. Strengthen the economy of the city; and G. Promote the use of historic landmarks: for the culture, prosperity, education, and general welfare ofthe people of the city and visitors of the city. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Abatements will not be considered if work on a project already has begun. Tax abatements, as described in this Policy, will be available for historic structures in the Fry Street Small Area Plan District (map-Attachment A) undergoing approved improvements as outlined in this document, except as this Policy may be limited for property described in Section 312.211(a) of the Texas Property Tax Code (Vemons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") II. HISTORIC LANDMARK COMMISSION Requests for tax abatement shall be reviewed by the Historic Landmark Commission ("HLC"), HLC is comprised of nine members, appointed by the City Council. S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.doc HLC serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by HLC or presented to HLC. The Tax Abatement Application shall be substantially in the form of Exhibit A of this Policy. All meetings of HLC 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 HLC in determining whether or not it is in the best interests of the City to recommend that tax abatement be offered to a particular project. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employment, expansion of the tax base, and economic development. Properties awarded this incentive will receive 100% tax abatement on the amount of increase in ad valorem valuation from the pre-renovation valuation for a period of 10 years. All abatements are subject to final approval ofthe 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. Criteria for eligible projects are: The building must be: . At least 50 years old. . Located within the Fry Street Small Plan Area District. . Improvements are to equal or exceed 25% of the most recent assessed ad valorem tax valuation or $20,000, whichever is less. Roof repair may constitute no more than 50% of minimum threshold amount. . Must comply with Property Appearance Guidelines (approved by CC by resolution in 1997). . Review Process: . Plans pre-approved by the City of Denton Historic Landmark Commission. . Verification upon completion by HLC. . City Council must approve tax abatement. Benefits: . 100% tax abatement on the amount of increase in ad valorem valuation from the pre- renovation valuation for a period of 10 years. Page 2 00 S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.do~ Other stipulations: . Incentive may transfer with the property, if sold, provided the assignee agrees to the terms of the tax abatement. . If the structure ceases to comply with the terms of application, abatement will be revoked for the remainder of the 10-year period and all previous abatements shall be paid back to the city as outlined in Sec. 10-129 of the city historic preservation code. . At the discretion of Council, this abatement may be used in conjunction with Historic Landmark zoning abatements, but the applicant must meet each tax abatement requirement separately in order to be considered for both abatements Prplimin~nJ' Application IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. Applicant shall prepare 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, 'VX 76201. D. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. , E. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. F. Copies of the complete application package and staff comments will be provided to HLC. Consiclpration of thE" A pplic9tion G. The HLC will consider the application at regular or called meeting(s). Additional information may be requested as needed. Page 3 of 7 S:\Our Documcnts\Contracts\06\Fry Street Tax Abatement Policy.doc H. The recommendation of the HLC will be forwarded, with all relevant materials, to the City Council. I. 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. 1. The City Council shall hold a public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a tax reinvestment zone. K. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. L. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. M. The City reserves the sole discretion to enter into tax abatement agreements as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code. Annual Fvnhultion 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 prepare a breakdown of those figures. Page 4 of? S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy. doc ~OOODC1/JQJ '-~' o' I)~t'~, .... '" ~ SS...... 0 \ ~" ... o 8 <:I <:I ~, f5 C2. j!;;;j C2~<l", .. '" l' ~,. SS 0" 1 '" ~<:.:><:$ VOoaaim OU\l'$l City of Denton Tax Abatement Application City of Denton Department of Downtown Development Denton, ,Texas 76201 (940) 349-7732 (940) 349-7206 FAX WWW city()fcl~nton com TlII1E" elov~r@r'ityofclE"nt()n com Page 5 of7 S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.doc Application for Historic Structure Property Tax Abatement Fry Street Small Area Plan District From the City of Denton, Texas Property Address Legal Description Owner(s) Mailing Address Phone and Email Date of original construction of building Tax Valuation (effective prior to start date of rehabilitation project) Start date of rehabilitation Estimated completion date ............................................................................... I certify that I am the legal owner of the aforementioned property. I attest that the information listed above is true and complete to the best of my knowledge. I attest that this property meets the eligibility requirements for an abatement of taxes as provided for by the City of Denton, as follows: 1. The property is located within the boundaries of the Fry Street Small Area Plan District; 2. The property is at least 50 years old; : 3. The estimated cost of the rehabilitation project will equal or exceed 25% of the most recent assessed ad valorem tax valuation of the structure or $20,000, whichever is less. Roofrepair or replacement may comprise no more than 50% of the minimum threshold amount necessary to qualify for tax abatement; 4. A tax certificate showing that all taxes due upon the property have been paid is attached to this application; 5. A proposal listing all aspects of the planned rehabilitation will be submitted to the Historic Preservation Officer for review by Denton Historic Landmark Commission for compatibility with the Property Appearance Guidelines. I will submit an agreement for a Certificate of Appropriateness for any exterior modifications to the property for the duration of the period during which the tax abatement is in effect; Page 6 of7 S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy. doc 6. I authorize the City Manager or designee, Historic Landmark Commissioners and elected officials to visit and inspect the property as needed to complete this application and certification process as set forth in the' ordinance. Signature of property owner(s) Date Notarized By Page 70f7 RESOLUTION S:\Our Documcnts\Resolutions\07\FY 08 Congressional Priority Projs.doc RESOLUTION NO. {2 CO; - tJ(} z A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S FISCAL YEAR 2008 CONGRESSIONAL PRIORITY PROJECTS FOR THE I lOTI! CONGRESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the I 10th Congressional Session convened on January 4, 2007; and WHEREAS, the Congressional delegation has made a request for Congressional Priority Projects which are projects that are eligible for Federal funding; and WHEREAS, the City Council desires to approve the City of Denton's fiscal year 2008 Congressional Priority Projects, attached as Exhibit "A"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton's fiscal year 2008 Congressional Priority Projects for the 11 Oth Congressional Session are approved as set forth in Exhibit "A," incorporated herein and made a part of this Resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager, and the City Attorney, or their designees shall communicate the items included in the fiscal year 2008 Congressional Priority Projects to members of the I 10th Congressional delegation. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /; 'fi1 day of BY: BY: ~'._".'. . :', ',. I. .' 01 Exhibit A FY 2008 PROJECTS Priority Projects: Denton Municipal Airport Denton Downtown Development Improvements Denton Public Safety Training Facility City of Denton, Texas-www.cityofdenton.com ~ -n -< I\) o o CO )> -c -c .., o -c .., -. Q) ..... -. o ~ tn FY 2008 TRANSPORTATION APPROPRIATIONS REQUEST: Denton Municipal Airport (DTO) Denton Airport DTO plays an important role in the regional economy, serving as a general aviation hub for North Texas. The City of Denton and TxDOT, Aviation has made substantial capital investments in the Denton Airport in the past five years and as a result considerable private development is being realized on the field. This private development has increased the airfield employment base by more than 40 percent in the past three years. The Denton Airport is requesting $990,000 in discretionary funding for tower and security enhancements at the Denton Airport. These improvements include radar equipment to facilitate flight safety as well as security fencing and controlled access points to increase airport security. Both projects are major components to the Airport Master Plan, address key areas FAA personnel have identified as weaknesses, and will further facilitate the current growth trends at the facility. Implementation of radar services for the tower will also complete the final phase of the Tower Project. City of Denton, Texas-www.cityofdenton.com Project Summary Page 4 ." -< N o o CO )> "C "C .., o "C .., -. Q) ,.. -. o ::s en FY 2008 TRANSPORTATION APPROPRIATIONS REQUEST Denton Downtown Development Improvements Denton Downtown Development Improvements: Hickory Street Corridor Linking Denton's Downtown Square to the University of North Texas (UNT) and to the future rail transit station is critical for the city of Denton. The Hickory Street Corridor provides that critical link by connecting the historic Downtown area with both the University of North Texas (UNT) located west of Downtown and the future transit station located to the east. A major catalyst project that will create more than 130 new residential units and over 50,000 square feet of new office and retail space is in the planning stages. The project is located on the southeast corner of the Downtown square. The City of Denton is requesting $1,556,505 in discretionary funding for new wider, safer, accessible sidewalks, pedestrian enhancements and street improvements needed to facilitate pedestrian and bicycle traffic generated by the catalyst project and spin-off development and by the large number of UNT students that will be commuting to Denton by train. The Hickory Street Corridor project is a major component of the Downtown Denton Master Plan and also promises to improve local air quality as it facilitates the move towards walking, biking and commuting on the train. DENTON DOWNTOWN DEVELOPMENT IMPROVEMENTS Hickory Street Corridor Project Preliminary Survey/Engineering Sidewalks Enhancements Street Improvements/Median Total Project $167,660 $822,553 $264,816 $690.602 $1,945,631 $389,126 $1,556,505 Less: 20% Local Match Funds needed to complete projects DENTON DOWNTOWN DEVELOPMENT IMPROVEMENTS $1,556,505 City of Denton, Texas-www.cityofdenton.com Project Summary Page 5 ~' j ,-'; \ . it,-, 0' ." -< r\) o o CO )> "'C "'C .., o "'C .., -- Q) ...... -- o ~ (J) . . . . . FY 2008 Denton Public Safety Trammg FacIlity (Technology) 'iJl):@~@]~fiJ~~Ili1llIlw:lIffi~U!:ril!IlmJ{@~(!]l:;J;l~ WffilffiG~~@J0~lt!flill~oolilB~~~~o 'iJl):@ (lliW~ ~ ffiG ~ @] ~ (ill) ~ \li) ~ 0 ~ Iffi ~ (lliW ~{@~~~~I7.lJfulli0!l!b\li)~~~ OO~~~'iJlJ:G~~\li)~f!I!ffilffiG~@r!J~ ~ (@ @it7 ~ ~ rn.mn lID ~ Cti::%l ffiG ~ ~ ~ WffilIJm ~ lID mn lID@1l:flf IJm ~ ~ ~ 00 ~ I!;;:ttffi ~ 'iJl):@@it7!lm~~(ill)~(!lG{@ffiG~~~~OOfiJlffiffiG ~@]~ffiG~~{@ffiG~ 'iiil:GGlB:li:iliID@]ffiG~~@] 0[@!;')OO~~~Iffif?'\7~\li)~ffiG~~G1IffiG@it7o~~ ~ftj)~~o ~a' .~@]ffiG~I2lllJtl:irill:!Iili:0~OOl!l:!:rw~0~~(ill) ~. !~(ill)~~0m1ill\'mllill~~o(ill)~OO ~~, .~OO~~ 'iJl):@~Ili1llIlw:l~~~I2lllJI!0~\li)ll!:liliJffiG~~~@] ffiG~ ~~~~~Ili1llIlw:l\li)ll!:liliJffiGOO~~OO ~~~~eolli1llllw:l\li)Il!:liliJ~I'ilM!!j)~ ~ffil!l~lli)Ufur!J_~~o . $3 Million for fire simulation equipment and computerized firearms targeting systems . $1 Million for classroom virtual reality simulation . $500,000 for classroom and administrative technology r , :.-.;~-- ....~~&r. . ~ .,A", ;~ \''';'' -.co.... .L'\ ,,,"1 "."..~ r"., ~~-~a~ .",>,.~:... ~ 3~7)L1'/'~~': -<"~... -,-.--...., .. --.. .itJ- .?- " , ";;:._~" City of Denton, Texas-www.cityofdenton.com Project Summary Page 6 RESOLUTION S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlers alcohol sell.doc RESOLUTION NO. ;)2/JO'i-rJ03 A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY CLUB MARDI-GRAS CELEBRATION ON FEBRUARY 17, 2007, 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 the Rotary Club Mardi-Gras 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, ~22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Rotary Club Mardi-Gras Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Rotary Club Mardi-Gras Celebration on February 17, 2007; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi- Gras 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 HEREBY RESOL YES: SECTION I. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 17, 2007 at the Civic Center Park upon the following conditions: I. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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. 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Rotary Club Mardi-Gras Celebration. S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlcrs alcohol selLdoc 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 hereofby reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ td day of fdJrall/v I ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY , BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY~~,~ Page 2 of2 S:\Our Documents\Contracts\07\Civic Center Rotary Club Mardi Gras Celebration agreement.doc CMC CENTER AGREEMENT FOR THE ROTARY CLUB MARDI-GRAS CELEBRATION STATE OF TEXAS 9 COUNTY OF DENTON 9 This Agreement, made this &fj. day of Ai.6nL~~ ,2007, by and between the City of Denton, a municipal corporation, hereinafter referred to the "CITY" and Roy Metzler doing business as METZLER'S FOOD AND BEVERAGE. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to METZLER'S FOOD AND BEVERAGE the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the ROTARY CLUB MARDI-GRAS celebration on, 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 ROTARY CLUB MARDI-GRAS celebration set for the year 2007. ARTICLE 2 SCOPE OF SERVICES METZLER'S FOOD AND BEVERAGE in order to exercise the privilege to sell alcoholic beverages must perform the following: If A. METZLER'S FOOD AND BEVERAGE shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. B. METZLER'S FOOD AND BEVERAGE shall be solely responsible to obtain any temporary license and permit necessary for the selling. of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. C. METZLER'S FOOD AND BEVERAGE shall be solely responsible for the obtaining and )( paying for any security necessary for their sale of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. METZLER'S FOOD AND BEVERAGE'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 ROTARY CLUB MARDI-GRAS Celebration. ARTICLE 3 LOCAL RULES AND REGULATION METZLER'S FOOD AND BEVERAGE agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. METZLER'S FOOD AND BEVERAGE 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 FOOD AND BEVERAGE will exercise reasonable care and due diligence in their sale of alcoholic beverages at the ROTARY CLUB MARDI-GRAS Celebration. ARTICLE 4 INDEMNITY AGREEMENT METZLER'S FOOD AND BEVERAGE 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 FOOD AND BEVERAGE 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 FOOD AND BEVERAGE 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 FOOD AND BEVERAGE shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall 2 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 FOOD AND BEVERAGE. In such event, METZLER'S FOOD AND BEVERAGE shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To METZLER'S FOOD AND BEVERAGE: To CITY: Metzler's Food and Beverage Roy Metzler 628 Londonderry Denton, Texas 76209 (940) 591.1652 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting offive (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 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. 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, METZLER'S FOOD AND BEVERAGE 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. METZLER'S FOOD AND BEVERAGE 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 FOOD AND BEVERAGE 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 afhed to and made a part of this Agreement: Exhibit "A" Resolution No. '2007- ()O-3 B. 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. 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. 4 d IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and METZLER'S FOOD AND BEVERAGE has executed this Agreement through its duly authorized undersigned officer on this the hili" day of febrtlary ,2007. CITY OF DENTON, TEXAS ~a? G 0 GE AMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By~"~LQh,> APP VED A TO L~GAL FORM: EDWIN SNYDER, CITY ATTORNEY BY: ~h~ ~ / . METZLER'S FOOD AND BEVERAGE BY: WITNESS: BY ~/", PiWl_ 5 . ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 2/6/2007 PRODUCER (940)382-9696 FAX (940)387-6962 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUTCHERSON INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 2096 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton TX 76202 INSURERS AFFORDING COVERAGE NAIC# INSURED O\L- ;1 INSURER A: Moun t Vernon Fire Ins Co Metzler's Food , Beverage Inc.~ v~~f INSURER B: P.O. Box 1545 INSURER c: INSURER 0: Denton TX 76202 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO'L POLICY NUMBER ~A~::~6&WIE "g~Wf~:A,~N LIMITS LTR INSRD TYPE OF INSURANCE ~NERAL LIABILITY EACH OCCURRENCE . COMMERCIAL GENERAl lIABILITY ~~~J?E~~~\ . X I CLAIMS MACE D 7 CL22811B4B /' 8/1/2006 8/1/2007 MED EXP (AflV one Der50n) . ~ LIQUOR LLABILITY PERSONAL & ADV INJURY . I- GENERAL AGGREGATE . n'l AGG~EnE ~~M~ AFlES PER: PRODUCTS. COMP/OP AGG . POLICY JECT LOC LIQUOR LIABLITY $300,000 ~TOMOBllE UABILlTY COMBINED SINGLE LIMIT . (Eaaccident) f-- ANY AUTO - ALL OINNED AUTOS BODILY INJURY (Per person) . - SCHEDULED AUTOS - HIRED AUTOS BODilY INJURY . NON-O'NNED AUTOS (Pereccident) - - PROPERTY DAMAGE . (Per accident) ~RAGE LIABILITY AUTO ONLY. EA ACCIDENT . ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . ~ESSlUMBRELLA UABILlTY EACH OCCURRENCE . OCCUR D CLAIMS MADE , AGGREGATE . . =1 DEDUCTIBLE . RETENTION S . WORKERS COMPENSATlON AND I T'3'o~IfMWS I 10TH. EMPLOYERS' UABILITY ER ANY PROPRIETORlPARTNERlEXECUTNE E.l. EACH ACCIDENT . OFFICERn.1EMBER EXCLUDED? E.l. DISEASE. EA EMPLOYEE S If yes, describe under SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMIT S OTHER DESCRlPTlON OF OPERA TlONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVlSJONS CERTIFICATE HOLDEVS-NAMED AS AN ADDITIONAL INSURED FOR ROTARY CLUB MARDI-GRAS CELEBRATION LOCATED AT CIv:rC CENTER PARK, DENTON, TX. ...--- CERTIFICATE HOLDER CANCELLATION OF DENTON /' SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE CITY EXPIRATlON DATE THEREOF, THE ISSUING INSURER 'NILL ENDEAVOR TO MAIL CITY MANAGER 1 0 ~AYS WRITTEN NOTlCE TO THE CERTlFlCATE HOLDER NAMED TO THE lEFT, BUT 215 E. MCKINNEY - FAilURE TO 00 SO SHAll IMPOSE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THE DENTON, TX 76201 /' INSURER, ITS AGENTS OR REPRESENTATlVES, AUTHORIZED REPRESENTATlVE ~A";_ .L./ \/ Brian Hutcherson/ML ACORD 25 (2001/08) INS02510108106 AMS VMP MortpaQ8 Solution.. Inc. (600)327-0545 IC> ACORD CORPORATION 1988 Paoo10f2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the poliCies listed thereon. ACORD 25 (2001/08) INS025 (0108)00 AMS Paoe2of2 S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlers alcohol sel1.doc. EXHIBIT A RESOLUTION NO. f 2tJO'i- (J03 A RESOLUTION ALLOWING METZLER'S FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE ROTARY CLUB MARDI-GRAS CELEBRATION ON FEBRUARY 17, 2007, 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 the Rotary Club Mardi-Gras 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 Rotary Club Mardi-Gras Celebration; and WHEREAS, Roy Metzler doing business as Metzler's Food and Beverage (called "Metzler's"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Rotary Club Mardi-Gras Celebration on February 17, 2007; and . WHEREAS, the Parks, Recreation, and Beautification Board has recQmmended that Metzler's be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi- Gras 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 HEREBY RESOLVES: SECTION I. Metzler's shall be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 17, 2007 at the Civic Center Park upon the following conditions: I. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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. 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Rotary Club Mardi-Gras Celebration. S:\Our Documents\Resolutions\07\Rotary Club Mardi Gras Metzlcrs 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 ;; iIz day of feIJraarv I ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY, BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY~~.~ Page 2 of2 RESOLUTION " S:\Our Documents\Resolutions\07\Gas Coalition.doc ): RESOLUTION NO. fJ()f}7-IJCJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE PARTICIPATION IN A JOINT COALITION OF CITIES KNOWN AS ALLIANCE OF GAS MUNICIPALITIES ("AGM") COMPRISED OF CITIES SERVED BY ATMOS ENERGY CORPORATION, CENTERPOINT ENERGY ENTEX, AND TEXAS GAS SERVICES TO WORK ON LEGISLATIVE ISSUES OF COMMON CONCERN AFFECTING RATEPAYERS; PROVIDING FOR FORMATION OF A STEERING COMMITTEE; PROVIDING FOR THE EMPLOYMENT OF LEGAL EXPERTS RELATED TO SAID EFFORTS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE " SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, during the last special session of the Texas Legislature, legislation was proposed which would severely limit the ability of municipalities to review the rates and services of investor-owned gas distribution companies; and WHEREAS, it is highly likely that there will be legislation to deal with the adverse consequences of a court decision effectively eliminating municipal participation in the review of the reasonableness and prudence of gas purchases by local gas distribution companies; and WHEREAS, it is highly likely that legislation will be proposed during the 80th Session of the Texas Legislature which could seriously harm the original jurisdiction of municipalities over' the rates and services of local gas distribution companies as well as the effective participation by municipalities in ratemaking proceedings at the Railroad Commission of Texas; and WHEREAS, as a regulatory authority with the responsibility to review the rates and , ,1 services of gas companies, it is in the interest of Texas cities to participate in a coalition with municipalities who are similarly situated; and WHEREAS, the municipalities served by the Atmos Energy Corporation, CenterPoint Energy Entex, and Texas Gas Services wish to form the coalition known as Alliance of Gas Municipalities ("AGM") in order to increase the effectiveness of municipalities with regard to the regulation of the rates and services. of local gas distribution companies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. That the City is authorized to join with other similarly situated municipalities to form and participate in the Alliance of Gas Municipalities ("AGM"), to form a steering committee, and to work with said steering committee to provide direction and guidance " to legal experts. S:\Qur Documents\Resolutions\07\Gas Coalition.doc it SECTION 3. That the City employs the law firm of Herrera & Boyle, PLLC, to represent the City and the coalition during the 80th Session of the Texas Legislature to help preserve and enhance the City's original jurisdiction over the rates and services of local gas distribution companies and to promote the effective participation by municipalities in the periodic review of the reasonableness and prudence of the purchase of natural gas by such entities. SECTION 4. The law firm of Herrera & Boyle is already employed by the City of Denton for the 80th Regular Session of the Texas Legislature. There will be no charge to the City of Denton for work done in connection with the Alliance of Gas Municipalities. SECTION 5. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 6. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this the .2tJtd. day of f~h rtfLlrlf ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Qw- t!teiz~/ tUd: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ..-1 BY: ~#Y~ r . Page 2 of2 RESOLUTION , . "S:\Our Documents\Resolutions\07\lndustrial Dev Authority Board.doc RESOLUTION NO. I{;<001- 00/7 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 2001 -068, Mike ConduIT and Kathy DuBose were appointed to the Board of Directors of the Industrial Development Authority (IDA); and WHEREAS, Mike Conduff and Kathy DuBose are no longer members of the Board of Directors of the IDA; and WHEREAS, the City Council deems it the public interest to appoint the City Manager, George C. Campbell, Assistant City Manager Jon Fortune, and Director of Economic Development Linda Ratliff to the Board of Directors of the IDA; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SF(TTON 1. That the following persons are hereby appointed to the Board of Directors of the City of Denton Industrial Development Authority: NAMF ADDRFSS George C. Campbell, City Manager 215 East McKinney Denton, Texas 76201 Jon Fortune, Assistant City Manager 215 East McKinney Denton, Texas 76201 Linda Ratliff, Director of Economic Development 215 East McKinney Denton, Texas 76201 Each Director shall serve a term of office of six years. The term of the foregoing members shall expire on March 6, 2013. SFC:TTON ? That this resolution shall become effective immediately upon its passage and approval. /JIL PASSED AND APPROVED this the ~ day of I1t r2f&1L ,2007. ~ . S:\Qur Documcnts\Resolutions\07\1ndustrial Dev Authority Board.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: Page 2 of2 RESOLUTION S:\Our Documents\Resolutions\07\Denton Retirement and Nursing Centcr.doc RESOLUTION NO. 1(2 ()f)7 -tJO(b A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; DISSOLVING THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the City Council deems it in the public interest to appoint City Manager George C. Campbell, Assistant City Manager Jon Fortune, and Director of Economic Development Linda Ratliff to the Board of Directors of the Denton Health Facilities Development Corporation; and WHEREAS, the City Council deems it in the public interest to dissolve the Denton Retirement and Nursing Center Finance Authority; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SFrTTON 1. That the following persons are hereby appointed to the Board of Directors of the Denton Health Facilities Development Corporation: NAMF ADDRFSS George C. Campbell, City Manager 215 East McKinney Denton, Texas 76201 Jon Fortune, Assistant City Manager 215 East McKinney Denton, Texas 76201 Linda Ratliff, Director of Economic Development 215 East McKinney Denton, Texas 76201 Each Director shall serve a term of office of six years. The term of the foregoing members shall expire on March 27, 2013. SFrTTON ? The Denton Retirement ,and Nursing Center Finance Authority is hereby dissolved. SFrTTON ,. This resolution shall become effective immediately upon its passage and approval. S:\Our Documents\Resolutions\07\Denton Retirement and Nursing Center.doc PASSED AND APPROVED this the J:i!!aay of ;11 fl(r!/h B TTORNEY '" BY: , 2007. Page 2 of2 RESOLUTION S:\Our Documents\Resolutions\07\Cinco De Mayo alcohol sell.doc RESOLUTIONNO.!f2()07- 007 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 5, 2007, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown 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 Cinco De Mayo Celebration; and WHEREAS, Matt Kohandani, doing business as Mi Casita Mexican Food (called "Mi Casita"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 5,2007; 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 HEREBY RESOLVES: SECTION 1. Mi Casita shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 5, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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; 4. They agree to indemnifY the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. , . S:\Our Documents\R.esolutions\07\Cinco Dc Mayo alcohol selJ.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. ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~~ ,7 , Page 2 of2 S:\Our Documents\Contracts\07\Cinco De Mayo Contract.doc CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS ~ COUNTY OF DENTON ~ This Agreement, made this -Z ltiJ day of 11! areA. 2007. by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and Matt Kohandam 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 5, 2007, to be held at the Quakertown 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 2007. 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 cormection therewith. MI CASITA shall pay all taxes, if any, of every nature and description arising out of or in any manner cormected 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 Agreement - Page 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: To MI CASITA: To CITY: MI CASITA MEXICAN FOOD: Matt Kohandam 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 (I) 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 SEVERABILITY If any provlSlon of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Cinco De Mayo Celebration Agreement - Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, MI CASITA shall not discriminate against any person on the basis ofrace, 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 ASSIGNABILITY MI CASITA shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. I{ 2007. 0(%7 B. 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. 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 Agreement - Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and MI CASITA has executed this Agreement through its duly authorized undersigned officer on this the 27th day of /lJa.-ri17 , 2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: /~ 74: ~;;2fr / " WITNESS: BY: Cinco De Mayo Celebration Agreement - Page 5 CITY OF DENTON, TEXAS ~~ RG C. CAMPBELL, CITY MANAGER 'S:\Our DocumrntsVtesolutions\07\Cinco De Mayo alcohol sell.doc EXHIBIT A RESOLUTION NO. zOO7` / 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 5, 2007, 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 ("Cit}~') is the owner of the Quakertown Park and through the Pazk and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Quakertown Pazk; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Cinco De Mayo Celebration; and WHEREAS, Matt Kohandani, doing business as Mi Casita Mexican Food (called "Mi Casita"), has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 5, 2007; 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 Pazks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Mi Casita shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May 5, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. S:\Our'DocumentsUtesolutions\07\Cinco De Mayo 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 ~ day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BYs~/~'fi~ ~G 2007. R. McNEILL, MAYOR Page 2 of 2 RESOLUTION .' c' S:\Our Documents\Resolutions\07\Comprehensive Development Agreements Moratorium.doc RESOLUTIONNO.1~{}1-tJtJg A RESOLUTION OF THE CITY OF DENTON, TEXAS, OPPOSING A MORATORIUM ON COMPREHENSIVE DEVELOPMENT AGREEMENTS (CDA'S); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Texas Transportation Authority (NTTA) estimates every month delayed on the President George Bush Turnpike Eastern Extension costs the project an additional $5 Million and a moratorium on Comprehensive Development Agreements (CDA's) and Texas Department of Transportation (TxDOT) Toll projects would cause similar impacts to currently planned CDA's; and WHEREAS, if a CDA moratorium is placed on TxDOT, CDA developers are going to leave Texas in favor of other states that have started similar programs; and WHEREAS, depending on the timing of a moratorium, it could directly impact the SH 121 CDA and the longer the time between the Commission's conditional award and the execution of the contract, the less firm the numbers are due to market fluctuations; and WHEREAS, the SH 121 CDA Concession Fee will fund numerous near neighbor projects in Denton County including, but not limited to IH 35E, FM 423, FM 720, and FM 407, and without the CDA tool there is no way to fund these projects in the foreseeable future; and WHEREAS, a moratorium on CDAs will cause a delay of vital transportation infrastructure projects designed to enhance mobility, reduce. congestion, improve air quality and maintain the quality oflife for citizens of Denton and citizens ofthe entire North Texas Region; and WHEREAS, CDA's transfer construction, operations, maintenance, and revenue risk to the private sector, meaning taxpayers are not at risk. if the construction cost escalates or if traffic growth doesn't meet expectations; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SFrTTON 1. The City Council does not support a moratorium on CDA's. SFrTTON 'Y. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the .21-t11 day of mar(!;!t ,2007. S:\Qur Documents\Resolutions\07\Comprehensive Development Agreements Moratorium.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY tJ~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~ ~ ,/ / Page 2 of2 RESOLUTION . S:\OUf Documents\Resolutions\07\SB 12 Resolution.doc RESOLUTION NO. !f2tJ07-iJ(JQ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING LEGISLATIVE EFFORTS CONTAINED IN SENATE BILL 12 BY SENATOR KIP AVERITT TO EXTEND THE TEXAS EMISSION REDUCTION PROGRAM, MAKING MODIFICATIONS TO THE LOW INCOME REPAIR AND ASSISTANCE PROGRAM AND IMPLEMENT OTHER ENERGY EFFICIENCY MEASURES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mobility Committee has participated in joint efforts within the area and at the State level to seek control measures and legislation to assist the State in completing a State Implementation Plan (SIP) that will achieve compliance with federal air quality standards by the 2010 attainment date; and WHEREAS, the Texas Emission Reduction Program (TERP) and Low Income Repair and Assistance Program (LIRAP) are two of the most cost-effective methods to more quickly address mobile source emission reductions to accelerate achievement of air quality standards; and WHEREAS, recommendations from the Dallas Regional Mobility Committee, the North Texas Clean Air Steering Committee, and the Texas Clean Air Working Group (TCAWG) indicate extension of the TERP and modifications to the LIRAP are necessary along with full funding for both programs; and WHEREAS, Senator Kip Averitt filed SB 12 on February 15, 2007 for consideration by the Texas Legislature to achieve said recommendation. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTO~ HEREBY RESOLVES: SECTION I. The City Council expresses strong support for SB 12 and encourages Senators and Representatives from the North Texas area to assist in achieving passage of the Legislation. SECTION 2. The City Council expresses appreciation for Senator Averitt's effort to implement extension of the TERP, modifications to LIRAP, and full funding of both programs from all past and projected revenue collected for the program. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 27+1z day of ,2007. ATTEST: JENNIFER W ALTERS, CITY SECRETARY APPR VED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By:~~7ff~' ? / RESOLUTION S:\Our Documents\Resolutions\07\Arts & Jazz Festival Res.doc RESOLUTION NO. /~ ~ DD'l - Q l C~ A RESOLUTION ALLOWING DENTON FESTIVAL FOUNDATION, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 27-29, 2007, 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 Quakertown Park and through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Denton Festival Foundation, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Denton Festival Foundation, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, first being April 27-29, 2007 at the Quakertown Park 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. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/ ~'~2 day of , 2007. PE Y . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY LEGAL FORM: BY: EDWIN M. SNYDER, CITY ATTORNEY S:\Our Documents\COntracts\OMr>s end Jazz Festival Contreet.doc CIVIC CENTER AGREEMENT FOR THE DENTON FESTNAL FOUNDATION, INC. STATE OF TEXAS COUNTY OF DENTON This Agreement, made this ~~- day of /~, 2007, by and between the City of Denton, a municipal corporation, hereinafter re erred to as the "CITY" and the Denton Festival Foundation, Inc. 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 DENTON FESTIVAL FOUNDATION, INC. the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Denton Arts and Jazz Festival celebration on April 27-29, 2007, to be held at the Quakertown Pazk. 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 extends three years beyond the date of the Denton Arts and Jazz Festival celebration set for the yeaz 2007. ARTICLE 2 SCOPE OF SERVICES DENTON FESTNAL FOUNDATION, INC. in order to exercise the privilege to sell alcoholic beverages must perform the following: A. DENTON FESTNAL FOUNDATION, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Denton Arts and Jazz Festival. B. DENTON FESTNAL FOUNDATION, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Denton Arts and Jazz Festival. C. DENTON FESTNAL FOUNDATION, INC. shall be solely responsible for the obtaining and paying for any security necessazy for their sale of alcoholic beverages at the Denton Arts and Jazz Festival. DENTON FESTNAL FOUNDATION, INC.'s failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Denton Arts and Jazz Festival. ARTICLE 3 LOCAL RIILES AND REGIILATION DENTON FESTIVAL FOUNDATION, INC. agces to abide by all municipal, county, state ami federal laws, ordinances, rules and regulations and specifically, without limitation, the Derrton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requiremeMS of arty duly authorized person acting in connection therewith. DENTON FESTIVAL FOUNDATION, INC. shall pay all taxes, if e~+, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. DENTON FESTIVAL FOUNDATION, INC. will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Denton Arts and Jazz Festival. ARTICLE 4 INDEMNITY AGREEMENT DENTON FESTIVAL FOUNDATION, INC. shall indemnify and save and hold harmless the CTfY and its offic~ars, agents, and employees from a~ against any and all liability, claims, demaads, losses, and expenses, inchding but not limited to, court coats and reasonable attorcey fees incurred by the C1T'Y, and including, without limitation, damages for bodily and personal injury, death and property damage, resuhing from the negligent acts or omissions of DENTON FESTIVAL FOUNDATION, INC. or it offices, shareholders, agents, or employees in the exeartion, operation, or performance of this Agreement. Nothing in this Agreemera shall be construed to create a liability to any person who is not a party to this Agre~reat, and nothing herein shalt waive arty of the parties' defenses, both ai law or equity, to any claim, cause of action, or litigation Sled by anyone not a party to this Agreement, inchding the defense of goveramemal immunity, wlrich defenses are her~ry expressly reserved. ARTICLE 5 INSIIRANCE During the performance of the Agreame~, DENI'ON FESTIVAL FOUNDATION, INC. shall roaima;n the following inwrrance 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 tban $500,000 for each occurreace and not less than $500,000 in the aggregate, and with property damage limits of not less that 3100,000 for each ocaurence and not less than $100,000 in the aggregate. B. DENTON FESTIVAL FOUNDATION, INC. shall firtniah insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance Denton Arts and Jazz Festival CeJebiaaioa ARrtemeat -page 2 policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall trot be canceled or modified without written notice to the CTIY and DENTON FESTIVAL FOUNDATION, INC. In such event, DENTON FESTIVAL FOUNDATION, INC. shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To DENTON FESTIVAL FOUNDATION, INC.: DENTON FESTIVAL FOUNDATION, INC.: Carol Short, Festival Directa~ Denton Festival Foundation, Inc. 525 Ft. Worth Dr. Su ~ to 2t I Denton, Tezas 76201 new; I i n~j ~d tars 940 5 5 To CTTY: CITY OF DENTON City Manager 215 E. McKinney Denton, TX 76201 ( ) 6-0931 ~o• Sox Afo~f j~e,.,{~„~'TJZ.7GZOZ All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and ~ exhibits, constitutes the complete and final expression of the agrcement of the parties, and is mended as a wmplete and exclusive statement of tbe terms of their agreements, and supersedes all prior comemporaneous offers, promises, representatiotrs, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABIIITY ff any provision of this Agreemem is found or cleaned 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 Agreemem to replace such stricken provision with a valid and enforceable provision which camas as close as possible to expressing the intention ofthe ~icAcen provision. Denton Arta and Jau Festival Celebration AR,raemmt - Papc 3 ARTICLE 9 DLSCRI1vIIItiATION PRA In performing the services required hereunder, DENTON FESTIVAL FOUNDATION, INC. shall not distxinrinate agaia~ any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL A DENTON FESTIVAL FOUNDATION, INC. represents that it bas or will seuue, at its own expense, all personnel required to perform all the services required under this Agreemern. Such personnel shalt not be employees or officers of, or have any comractual relations with the CITY. ARTICLE 11 ASSIGNABIi1TY DENTON FESTIVAL FOUNDATION, INC. shall not assign any interest in this Agreerneot, and shall not transfer any merest 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 Ag~eemem or of any covenant, condition, or limitation herein wrrtained shall be valid unless in writing anti duty exewted by the party to be charged therewith, and no evidence of any waiver or modification shalt be offered or received in evidence in a~ proceeding arising between the parties hero Dirt of or affecting this Agreement, or the rights or obGgadons of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties fiuther agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A Tbe following exhibits are alts to and m/ tide a part of this Agrcement: (list exhibits) Exhibit "A° Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exchraively in Denton Courty, Texas. This Agreement shall be consttued 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 substamive terms or conditions of this Agreeme~. Denton Arts and Jau Festival Celetuation ARresment -Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager,. and DENTON FESTNAL FOUNDATION/ ~IN~C~. has executed this A ~eement through its duly authorized undersigned officer on this the ! /T/7 day of '~ r 2007. CITY OF DENTON, TEXAS ~' GEORGE .CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: DENTON FESTIVAL FOUNDATION, INC. ~/ ,, n BY: l ~~C/t~-C~~r~'~ CAROL SHORT, Fesfival Director WITNESS: BY: Denton Arts and Jazz Festival Celebration Agreement -Page 5 t i EXHIBIT A S:\Our Documents\Resolu[ions\07\Arts & Jazz Festival Res.doc - RESOLUTIONNO._~=p~,D A RESOLUTION ALLOWING DENTON FESTIVAL FOUNDATION, INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE DENTON ARTS & JAZZ FESTIVAL APRIL 27-29, 2007, 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 Quakertown Park and through the City of Denton co-sponsors the Denton Arts & Jazz Festival at the Quakertown Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, Denton Festival Foundation, Inc. has requested that they be sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Arts & Jazz Festival; and WHEREAS, the Parks, Recreation and Beautification Board has recommended that Denton Festival Foundation, Inc. be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. Denton Festival Foundation shall be the sole participant allowed to sell alcoholic beverages at the Denton Arts & Jazz Festival for three consecutive years, first being Apri127-29, 2007 at the Quakertown Park 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. 5. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2007. ~~~~ PE Y . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRO'(~ED A~"i'O LEGAL FORM: EDWIN M. SNYDER, CITY ~' ATTORNEY RESOLUTION S:\Our Documents\Resolutions\07\Ha~pool Cabooses Accep[ance.doc RESOLUTION NO. DO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CONFIRMING THE ACCEPTANCE OF A MEMORANDUM OF DISTRIBUTION TO THE CITY OF DENTON AS BENEFICIARY FOR A CABOOSE AS SET FORTH IN THE "FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF WALTER S. HARPOOL", DATED MARCH 7, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF DISTRIBUTION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Independent Executor of the Will and Estate of Walter S. Harpool, Deceased, Sennett Kirk has distributed to the City of Denton as Beneficiary, the 1973 Steel Wide Vision Cupola Caboose, manufactured by International Railcar, ID # MP 13622 as set forth in the "First Codicil to the Last Will and Testament of Walter S. Harpool", dated March 7, 2006. The Estate of Walter S. Harpool has relinquished all right, title and interest in and to such Caboose (the "Caboose"); and WHEREAS, the Parks, Recreation and Beautification Board has recommended the acceptance of the Memorandum of Distribution and the Caboose; WHEREAS, the City Council finds that this resolution is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby confirms the acceptance of the Caboose and authorizes the City Manager to execute the Memorandum of Distribution in acceptance of the Caboose, which is attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ !7'/L day of ,(~j'/ ~ , 2007. PERK R. McNEILL, MAYOR ATTEST: JE IFER WALTERS, ITY SECRETARY BY: ~ Q._. APPROVED A LEGAL FOR EDWIN M. ER, C TORNEY BY: MEMORANDUM OF DISTRIBUTION THE STA"fE OF TEXAS {} {} KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON { } SENNETT KIRK, Independent Executor oPthe Will and Estate of Walter S. Ilarpool, Deceased, has distributed to the City of Denton as Beneficiary, the undivided one-half (1/2) ownership of Walter S. Harpool, Deceased, in the 1973 Steel Wide Vision Cupola Caboose; manufactured by International Railcar, ID # MP 13622, as set forth in the "First Codicil to the Last Will and Testament of Walter S. f Iarpool", dated March 7, 2006. The Estate of Walter S. Harpool has relinquished all right, title, and interest in and to his said undivided one-half interest in such Caboose, subject to the following conditions subsequent contained in such Codicil, which is found under Cause No. PR-2007-00071 in the Probate Court of Denton County. Texas: 1. "I'he City will place a plaque on the Caboose reflecting that it was donated to the City by the Harpool families in appreciation of the dedication and meritorious service of Mayor Euline Brock (1998-2006); and 2. If the City does not retain ownership and possession of the Caboose and regularly utilize it for a public purpose for at least ten years after January 28, 2007, the date of death of Walter S. Harpool, then all of the City's interest in the Caboose shall cease, automatically and without further action, and the Caboose and the present and remainder interest therein shall immediately go to and become the property of the "Peace on the Rock" ministry, Aubrey, Texas. TO HAVE AND TO HOLD unto the City of Denton forever, but subject to the executory interest, reverter, arid limitation as stated in such Codicil. Signed on April ~ ~ , 2007. ,C vJ u PN < I! Sennett Kirk Independent Executor THE STATE OF TEXAS {} COUNTY OF DENTON {} This instrument was acknowledged before m~y Sennett Kirk, as Independent Executor of the Estate of Walter S. Harpool, Deceased, on April ~~ , 2007. ~- PAMELA S. CAIES .~ ~i~,•'E MY COMMISSION EXPIRES ''^,{,~{* NnYember18,2009 Notary Public, State of Texas ~, ~...,, Afenmrnnr/um ofDixlr'ibution-Hurnonl-Page I ACCEPTANCE: The City of Denton, acting by and through its undersigned authorized officer, who has the authority to bind the City of Denton to such a commitment, accepts title and possession of the undivided one-half interest of Waller S. Harpool in the Caboose belonging to Mr. and Mrs. Walter S. Harpool and accepts the terms, executory interest, reverter, conditions subsequent, and limitations as set forth in such First Codicil to the Last Will and Testament of Walter S. Harpool, found of record in the County Clerk's Office of Denton County, Texas, in Cause No. PR-2007-00071 in the Probate Courl of Denton County, Texas. Signed on April t- , ?007. THE STATE OF TEXAS {} COUNTY OF DENTON {} ( ~f~'--~ City Manager City of Denton, Texas This instrument was acknowledged before me by GEORGE PL1mPifi~L (_ , as City Manager of the City of Denton, Texas, on April (7 , ?007. •`` "`P%%:," LINDA HOLLEY ?'~'~ ~ Notary Public, Shte of Texas ~~~._¢ My Commission Expires prof, „\+`` Dacsmoor tl8, 4tltl9 otary Public, State of Texas U APPROVED A5 TO CITY ATTOR CITY OF TONi BY: 64emormalum ofDisn'ibulion - Hornno(-Nags 2 MEMORANDUM OF GIFT THE STATE OF TEXAS {} {} KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DI:NTON {} 1, ROSE MARIE HARPOOL, whose address is 1921 Laurehvood Drive, Denton, Texas, for and in consideration of my respect and regard for the City of Denton, Texas, and in honor of the dedication and service of Mayor Euline Brock (1998-2006), hereby donate and gift to the City oC Denton, Texas, my one-half (I/2) undivided ownership in the 1973 Steel Wide Vision Cupola Caboose, manufactured by International Railcar, ID # MP 13622, which is described in the "First Codicil to the Last Will and "Testament of Walter S. Harpool,", deceaed, dated March 7, 2006. I relinquish all of my right, title, and interest in and to my said undivided one-half interest in such Caboose, subject to the following conditions subsequent which are also contained in such Codicil, found under Cause No. PR-2007-00071 in the Probate Court of Denton County, Texas: 1. The City will place a plaque on the Caboose reflecting that it was donated to the City by [he Harpool families in appreciation of the dedication and meritorious service of Mayor Euline Brock (1998-2006); and 2. If the City does not retain ownership and possession of the Caboose and regularly utilize it for a public purpose for at least ten years after January 28, 2007, the date of death of Walter S. Harpool, then all of the City's interest in the Caboose shall cease, automatically and without further action, and the Caboose and the present and remainder interest therein shall immediately go to and become the property of the "Peace on the Rock" ministry, Aubrey, Texas. TO HAVE AND TO HOLD unto the City of Denton forever, but subject to the executory interest, reverter, and limitations as statgd above and in such Codicil. Signed on April ~, 2007. Rose arie Harpool ~- THE STA"1'E OF TEXAS {} COUNTY OF DENTON {} This instrument was acknowledged before mnose Marie Harpoolool o~ ~, 2007. ~~~~ PAMELA S.CAlES `,,,'~ ' MY COMMISSION EXPIRES . ~,~~. November 19, 2009 Notary Public, State of Texas dlernnrarrdrvm o!G!(t - Hurnool - Pabc 1 ACCEPTANCE: The City of Denton, acting by and through its undersigned authorized officer, who has the authority to bind the City of Denton to such a commitment, accepts title and possession of the undivided one-half interest of Rose Marie Harpool in the Caboose belonging to Mr. and Mrs. Walter S. Harpool and accepts the terms, executory interest, reverter, conditions subsequent, and limitations as set forth in the Memorandum of Gift of Rose Marie Harpool to the City of Denton, Texas and in the Firs[ Codicil to the Last Will and Testament of Walter S. Harpool, found of record in the County Clerk's Office of Denton County, "texas, in Cause No. PR-2007-00071 in the Probate Court of Denton County, Texas. Signed on April ~~, ?007. -~, c City Manager City of Denton, Texas THE S"tA"fE OF TEXAS {} COUNTY OF DENTON {} This instrument was acknowledged before me by GEORGE CiJ/n/~.O61~ , as City Manager of the City of Denton, Texas, on April __~_, ?007. ,,o`w~6"o'(•., LINDA HOLLEY L/ ~~ Notary Public, State of Texas ,17'~~-~ ~.t_ nnycornmission s0ovs otary Public, State ofTexa "%;f^" oaoomao~ oe~ A4emorandunr olG7(r - Homon!- Pagc 2 RESOLUTION ~,,. S:\Our Documents\Resolutions\W\Super nowd XLV.doc RESOLUTION NO. ~Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING SUPER BOWL XLV AND ITS RELATED SUPER BOWL ACTIVITIES IN THE NORTH TEXAS REGION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Football League (the "League") owns, produces and controls the annual professional football championship game known as the "Super Bowl," the largest national annual sporting event held in this country; NFL Properties LLC ("NFLP" or, together with the League, the "NFL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official Events") (Official Events together with North Texas Super Bowl XLV Bidding Committee, Inc. ("Host Committee") events are referred as "Super Bowl Activities"); and WHEREAS, a Super Bowl has never been held in the North Texas Region; and WHEREAS, the City of Denton along: with the entire North Texas Region is desirous of hosting Super Bowl XLV and its related Super Bowl Activities; and WHEREAS, the North Texas Region Hosting the Super Bowl XLV and its related Super Bowl Activities will generate goodwill, enhance the worldwide renown and prestige of the City of Denton, create temporary jobs and create substantial beneficial economic and fiscal activity; and WHEREAS, as part of the formal bid of the North Texas Region to be designated as the site for Super Bowl XLV and its related, Super Bowl Activities and in anticipation of accommodating arriving Super Bowl visitors if the North Texas Region is so designated, the City Council of the City of Denton wants to express its support for Super Bowl XLV and its related Super Bowl Activities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. SECTION 2. The City Council welcomes and expresses strong support for Super Bowl XLV and its related Super Bowl Activities to its jurisdiction and to that end declares its full support of the efforts of the Host Committee to have the North Texas Region selected as the site for Super Bowl XLV. SECTION 3. Upon designation of the North Texas Region as the site for Super Bowl XLV, and at all times thereafter, the City of Denton, and its agencies, departments and personnel, agree to provide all governmental services (including without limitation public safety, security, fire and medical emergency, traffic, decorative display and public works/street maintenance services and supplies) at no cost, expense or liability to the NFL or the two participating Teams (the "Teams") or the Host Committee (whether, recognizing the uniqueness and extraordinary s:\our documents\resolutions\07\superbnwl xlv.doc scope of the Super Bowl, such services are below, equal to or beyond the normal level and range of public safety services usually provided fore events held within the jurisdiction), including all planning, training or deployment activities related to the provision of such services. SECTION 4. The City of Denton agrees that it shall not authorize any sponsorships of the City of Denton for Super Bowl events. during the two weeks prior, through the week following, of the Super Bowl XLV and its related Super Bowl Activities. SECTION 5. Upon designation of the North Texas Region as the site for Super Bowl XLV, City Council hereby directs all City agencies, departments and personnel to coordinate all governmental services within the City with those from other jurisdictions in the North Texas Region, the State of Texas and other appropriate governmental authorities and organizations, and to cooperate with the Host Committee to ensure that the North Texas Region is the best possible host of the Super Bowl XLV and its related Super Bowl Activities. SECTION 6. The City of Denton agrees that neither the NFL, the Teams, the Host Committee, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams or the Host Committee shall be held accountable for or incur any financial responsibility to City of Denton of any kind or nature whatsoever in connection with the governmental services planned and/or provided by the City of Denton relating to Super Bowl XLV and its related Super Bowl Activities (including without limitation law enforcement and public safety services, fire and emergency medical services, construction and permitting services, and coordination with other governmental authorities). SECTION 7. This resolution shall become effective immediately upon its passage and approval. , PASSED AND APPROVED this the ~5~ day of , 2007. Q~c~~ P PERK R. McNEILL, MAYOR ATTEST: WALTERS, C SECRETARY Page 2 RESOLUTION S:\Our Documents\Resolutions\07\2007 Action Plan Resolutioadoc RESOLUTION NO. (/Q7-Q/ 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 2007 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUII2ED 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 EFFECTNE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a HOME participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its 2007-year entitlement funds, program income and reallocated funds in the approximate amount of $1,500,000; 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. 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 2007 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. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator to handle all fiscal and administrative matters related to the application, the Action Plan and the certifications. SECTION 3. The City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. S:\Our Documents\Resolu[ions\07\2007 Action Plan Resolution.doc SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~J' t day of ° , 2007 ~~ ~~~ PERRY R. cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTORNEY ~ `~ RESOLUTION s:\our docnments\resolutions\07\911 nominate mcmber.doc RESOLUTION NO. ~ - A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTNE DATE. WHEREAS, the term of office of Mayor Olive Stephens, Town of Shady Shores, a member of the Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2007; 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. 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 atwo-year term to commence October 1, 2007. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this theJ~/L day of , 2007. ~~~.~ PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APP VED AS O LEGAL ORM: EDWIN M. SNYDEI~,. CIT~TTORNEY BY: RESOLUTION s:\our documents\resolutions\07\[ceq air pollution monitoring s[ation.doc RESOLUTION NO. 0,07- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (T.C.E.Q.) GRANTING A LICENSE TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (T.C.E.Q.) FOR AN AIR POLLUTION MONITORING STATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager is authorized to execute an agreement between the City of Denton and the Texas Commission on Environmental Quality (T.C.E.Q.), a copy of which agreement is attached hereto and incorporated herein by reference. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,~// day of , 2007. ~~ ~ ~ ~~~ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ ~ ~ 1b„ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~/ s:\our documents\contracts\07\lceq air pollu[ion monitoring station.doc THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON The City of Denton, a municipal corporation in Denton County, Texas, acting herein by and through its duly authorized City Manager, hereinafter called "City" and Texas Commission on Envirolunental Quality (T.C.E.Q.), an agency of the State of Texas, acting herein by and through its duly authorized Regional Director, hereinafter called ""f.C.E.Q. or Licensee", hereby make and enter into the Following agreement. I. City hereby graltts unto Licensee a revocable license and privilege to use and occupy a parcel of land, a part of Denton Municipal Airport in Denton, Denton County, Texas, as shown on the attached Exhibit "A" which is hereby incorporated herein by reference and made a part hereof. II. The term of this agreetent shall be one (1) year beginning on May I, 2007 and ending on Apri130, 2008, and may be renewed for one additional one (1) year term upon the written approval of both parties. Either the City or Licensee shall have the right to cancel this agreement by delivering written notice of such cancellation thirty (30) days before the effective date of such cancellation to the other parry listed below: LICENSEE: Tony L. Walker, Regional Director Texas Commission on Environmental Quality 2309 Gravel Drive Fort Worth, Texas 76118 CI"CY: George Campbell, City Manager City of Denton, Texas 215 East McKinney Denton, Texas 76201 III. Licensee recognizes that the City of Denton reserves the right to develop any and all land on the Airport. The City will not be held liable for the effects of current or fitture development which may cause the inacctvacy of the Air Pollution Monitoring Station. IV. Licensee agrees to use the said land only for an air pollution monitoring station. Licensee recognizes that said land is part of the Municipal Airport of the City of Denton and agrees that any improvements erected or installed and all activities conducted thereon shall be iu strict compliance with all regulations and requirements of the Federal Aviation Administration and all applicable federal, state and local laws, statutes, charters and ordinances. V. T.C.E.Q. acknowledges that it is not att agent, serva~tt, or employee of the City, and that it is responsible to the extent provided by the Texas Tort Claims Act for its own acts and deeds and for those of its agents, servants, or employees during the term of this license. VI. Licensee agrees to pay the City as consideration for the use of said land the sum of One Dollar ($ L00) per year, the receipt and sufficiency of which is hereby acknowledged. E CUTED at Denton, Denton LQ..~ , 2007. CITY OF DENTON, TEXAS County, Texas, this the ~ day of BY: ~ G---- GEORGE .CAMPBE L CITY MANAGER ATTEST: JENNIFER WALTERS, BY: SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~~~~~ B Y: Page 2 of 3 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ~, BY: "f NY .WALKER REGIONAL DIRECTOR ATTEST: BY: y Q d X~ O ff li f~ ~I i. ~~- ~I '~5 ~A KI TCEO DFW REGION-ADMIN Fax~017-508-5704 U _~ t---T~ ~~ ;~ :.. r ~' 3~\VS k~~ I ~fC~ c9 ~± l~D G^ 'O ~ D ~C 1 ~ 9 x I *t ~j ~ ~- r- E ~~ ~ ,~ S y ~ ~~ ~ m I ' ~ ~ ~ A ~ -a o + . ~ I k v ~ -o l I i ~ a ~ ~ i ~i~ j` ~ ~ ~p +dj x I ~ LS. x ~ 1 t + ~ _ .~'~ ~J uu O w ' 1 9 4' ~ CA ~c_o- ~ V i h Apr 11 2007 04~02wn P005/005 0 h x H '~ N rN ~''Y'~`\ \' . ., t ~ .EZ~ _ „ a w N '~ ~ v~'~1 n x .._.. a (° T S d`E'~ ~' o'a`O= d " a N !i"t Mw Z :p N 'C~ ~~ m~ < ~ y a v1' `~ A ~ ~ ~~\~ ~\ G ~~`oda Pf N r C Z d m ~, r ~ ~ r~ ~1 b -p Y~ G N G 7 ~ ~. ~ I1 ~ ~- C J~0 ~ -{J N RESOLUTION s:\our documents\resolutions\07\makalani movement music festival alcohol sell.doc RESOLUTION NO. ~ ~ -~/ A RESOLUTION ALLOWING KRAMEROV BEVERAGES INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE MAKALANI MOVEMENT MUSIC FESTIVAL/JUNETEENTH CELEBRATION ON JUNE 9, 2007, 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 Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration; and WHEREAS, George Kramerov, doing business as Kramerov Beverages Inc. (called "Kramerov's") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Makalani Movement Music Festival/Juneteenth Celebration on June 9, 2007; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Kramerov's be the sole participant allowed to sell alcoholic beverages at the Makalani Movement Music Festival/Juneteenth 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 HEREBY RESOLVES: SECTION 1. Kramerov's shall be the sole participant allowed to sell alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration on June 9, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration. s:\our documents\resolutions\07\makalani movement music festival 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 ;~j~--h day of ~'(~/~ , 2007. U ~~ ERR . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: } APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2 s:bur documerus\convacl5~07Makalani movement music festival commd.doc QUAKERTOWN PARK AGREEMENT FOR THE MAKALANI MOVEMENT MUSIC FESTIVAL/JUNETEENTH CELEBRATION STATE OF TEXAS COUNTY OF DENTON "Ibis Agreement, made this ~~ day of ~¢ , 2007, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and George Kramerov, doing business as KRAMEROV BEVERAGES INC. (called "KRAMEROV'S"). WIT'NESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I GENERAL The City grants to KRAMEROV"S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Makalani Movement Music FestivaUJuneteenth Celebration on June 9, 2007, to be held at the Quakertown Pazk. 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 Makalani Movement Music Festival/Juneteenth Celebration set for the yeaz 2007. ARTICLE 2 SCOPE OF SERVICES KRAMEROV'S in order to exercise the privilege to sell alcoholic beverages must perform the following: A. KRAMEROV'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration. B. KRAMEROV'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration. C. KRAMEROV'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Makalani Movement Music FestivaUJuneteenth Celebration. KRAMEROV'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 Makalani Movement Music Festiva!/Juneteenth Celebration. ARTICLE 3 LOCAL RULES AND REGULATION KRAMEROV'S agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Pazk 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. KRAMEROV'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. KRAMEROV'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Makalani Movement Music FestivaUJuneteenth Celebration. ARTICLE 4 INDEMNITY AGREEMENT KRAMEROV'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 KRAMEROV'S or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, KRAMEROV'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 (cast 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. KRAMEROV'S shall famish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an Makalani Movement Music Festiva! Agreement -Page 2 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 KRAMEROV'S. In such event, KRAMEROV'S shall, prior to the effective date of the change or cancellation, serve substitute policies famishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To KRAMEROV'S: To CITY: Kramerov Beverages Inc. City of Denton George Ktamerov City Manager 501 East South St. 215 E. McKinney Arlington, Texas 76010 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 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 even[, 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. Makalani Movement Music Festival Agreement- Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, KRAMEROV'S 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. KRAMEROV'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 KRAMEROV'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 chazged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding azising 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 aze attached to and made a part of this Agreement: (list exhibits) Exhibit "A" Resolution No. /3 ~007_~ 13. 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. C. The captions of this Agreement aze for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Makalani Movement Music Festival Agreemen[ -Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and KRAMEROV'S has executed this Agreement through its duly authorized undersigned officer on this the ~ day of _~~_ 2007. CITY OF DENTON, TEXAS [~ , ~~~ GEORG C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CI"I'Y SECRETARY BY: 1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BYi~/~~ KRAMEROV BEVERAGES INC. BY: _ GEORGE KRA EROV WITNESS: BY: Makalani Movement Music Festival Agreement -Page 5 s:\our documents\resolutions\07\makalani me EXHIBIT A ~ell.doc RESOLUTION NO. , ® `D/ A RESOLUTION ALLOWING KRAMEROV BEVERAGES INC. TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE MAKALANI MOVEMENT MUSIC FESTIVAL/JUNETEENTH CELEBRATION ON JUNE 9, 2007, 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 Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration; and WHEREAS, George Kramerov, doing business as Kramerov Beverages Inc. (called "Kramerov's") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Makalani Movement Music FestivaUJuneteenth Celebration on June 9, 2007; and WHEREAS, the Pazks, Recreation, and Beautification Boazd has recommended that Kramerov's be the sole participant allowed to sell alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration; and WHEREAS, the City agrees with the recommendation of the Pazks, Recreation, and Beautification Boazd; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Kramerov's shall be the sole participant allowed to sell alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration on June 9, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Makalani Movement Music Festival/Juneteenth Celebration. s:\our documents\resolutions\071makalani movement music festival 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 day of ~ , 2007. ~~ ERR . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2 RESOLUTION s:\our documents\resolutionsb7\0(1907 a[mos energy.doc RESOLUTION NO. O RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE DENIAL OF ATMOS ENERGY CORPORATION'S MID-TEX DIVISION'S ("ATMOS MID-TEX") GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS FOR CALENDAR YEAR 2006; AUTHORIZING PARTICII'ATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZ]G THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS IN GUD DOCKET NOS. 9734 AND 9726; 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 May 31, 2007 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 2006 pursuant to Section 104.301 of the Gas Utility Regulatory Act ("Act"); and WHEREAS, Atmos Pipeline-Texas filed at the Railroad Commission for a GRIP adjustment for calendar year 2006; and WHEREAS, due to the ratemaking complexity of Section 104.301 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 deny 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; 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 Atmos Texas Municipalities ("ATM") 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 ATM and the City; NOW, THEREFORE, s:\our documents\resolutions\07\061907 atmos energy.doc THE CITY COUNCIL OF THE C[TY OF DENTON, TEXAS 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. The City hereby denies Atmos Mid-Tex's request for GRIP adjustments for fiscal year 2006, in all respects. 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 employs Jim Boyle, and Alfred Herrera as special counsel to represent the City with regard to the proposed GRIP adjustments of Atmos Energy before local and state regulatory authorities and any court of law and authorizes special counsel to employ such rate experts as are recommended by the ATM Steering Committee. SECTION 5. The City authorizes special counsel to intervene on behalf of the City and other members of ATM before the Railroad Commission of Texas in GUD Docket Nos. 9734 and 9726. 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 for reimbursement. SECTION 7. 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 8. The City Secretary shall notify Atmos Energy of this resolution by sending a copy of same to Ms. Barbara Myers, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1824, Dallas, Texas 75240 and ATM shall be notified by sending a copy of this resolution to Mr. Jim Finley, City Attorney for the City of Longview by fax to (903) 239-5539. 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. Page 2 s:bur documents\resolutions\07\061907 atmos cncrgy.doc PASSED AND APPROVED this the /qt~t day of , 2007. rn~~~.~ PE R. McNEILL, MAYOR ATTEST: .IENNIFER WALTERS, CITY SECRETARY BY: i,~, APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY:~~~ Page 3 RESOLUTION s:\nur documentsUesolutions\07\reso atm prudence review 7-07.dac RESOLUTION NO. - A 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, 2003 AND OCTOBER 31, 2006; AUTHORIZING THE CITY JOINING WITH OTHER SIMILARLY SITUATED CITIES IN A COALITION KNOWN AS THE ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF SPECIAL COUNSEL AND EXPERTS IN THE PURCHASE OR SALE OF GAS; AUTHORIZING THE INTERVENTION IN GUD DOCKET NO. 9732 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 April 30, 2007, Atmos Energy Corp., Mid-Tex Division ("Atmos") filed with the Railroad Commission of Texas its Compliance with Gas Utilities Docket ("GUD") No. 8664; and WHEREAS, the filing was docketed at the Railroad Commission as GUD Docket No. 9732 and the proceeding was styled as Atmos Energy Corp., Mid-Tex Division, Gas Contract Review; and WHEREAS, Atmos must demonstrate in this filing that the gas cost or purchases between November 1, 2003 and October 31, 2006 by Atmos 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 i 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 ATM and the City; NOW, THEREFORE, SECTION 1. That the statements set out in the preamble to this resolution are hereby in all things approved and adopted. s:\our documents\resolutions\07\reso atm prudence review 7-07.doc SECTION 2. 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 to provide direction and guidance to the lawyers who are representing said cities. SECTION 3. The City employs the Herrera & Boyle law fine to represent the City in Railroad Commission GUD Docket No. 9732 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. 9732. SECTION 4. The City authorizes Special Counsel to intervene on behalf of the City in GUD Docket No. 9732. SECTION 5. The City is not obligated to pay any municipal rate case expenses, except to the extent that they have been authorized by the ATM Steering Committee. t SECTION 6. At any time a City may withdraw without any obligation to pay for municipal rate case expenses which have been incurred prior to that time. SECTION 7. Atmos shall reimburse the City, by payment to the designated City representing ATM for this purpose, for the reasonable costs of attorneys and consultants and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. SECTION 8. 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 9. This resolution shall become effective from and after its passage. PASSED AND APPROVED this the ~~ day of , 2007. C/~~~~ PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY .ate-' .~ Page 2 s:\our documenls\resolutions\07\reso atm prudence review 7-07.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 RESOLUTION s:\our documents\resolmions\07\poliw chie(appointmenLdoe RESOLUTION NO. O rI - /7 A RESOLUTION CONFIRMING THE APPOINTMENT OF ROY W. MINTER, JR., BY THE CITY MANAGER, AS POLICE CHIEF FOR THE CITY OF DENTON POLICE DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Tex. Loc. Gov't Code §143.011, the City Manager has appointed Roy W. Minter, Jr. to be Police Chief of the City of Denton Police Department; and WHEREAS, the City Council of the City of Denton has determined that the appointment should be confirmed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the appointment of Roy W. Minter, Jr. as Police Chief of the City of Denton Police Department by the City Manager is hereby confirmed. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /7~~ day of , 2007. ~ ~ ~~ PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~\I l ~0.., ~ AlC1 ~~0 a n ~~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~G'T~/ ~'~ ,~. RESOLUTION %(+$1$%$1$-"$%.1, R2007020 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$2#§º«(´¯º¯§²¹ AmendedbyResolutionNo.R201401104/01/14JR s:\our documen[s\resalulions\07\pid guidclines.doc RESOLUTION NO. I/rJ /~ ,~~ A RESOLUTION ESTABLISHING GUIDELINES FOR PUBLIC IMPROVEMENT DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Improvement District ("PID") Assessment Act (the "Act") allows a city to levy and collect special assessments on property that is located within the city or within the city's extraterritorial jurisdiction ("ETJ"); and WHEREAS, the funds from the assessment can be used to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area; and WHEREAS, these guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical, and in the best interest of the citizens of the City of Denton; and WHEREAS, these guidelines do not require the City Council to participate in PIDs, nor do they prevent the City Council from establishing PIDs with elements that vary from these guidelines; and WHEREAS, the City agrees with the recommendation of the Economic Development Partnership Board to establish these guidelines; and WHEREAS, this Resolution is in the public interest of the residents of the City of Denton; NOW, THEREFORE, THE CITY COUNCTL OF THE CTTY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby authorizes the adoption of the PID Guidelines, which are attached hereto and made a part hereof by reference. SECTION 2. The City Council may, from time-to-time, consider changes to these guidelines as will be reflected by their future action. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~~~ day of 2007. PE . McNEILL, MAYOR s:~aur documents~csolutions~07Apid guidelines'.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 s.\our documents\miscellaneous\07\public improvement distric[2.doc Public Improvement District (PID) Guidelines Mixed-Use or Residential PIDs The Public Improvement District (PID) Assessment Act (the "Act") allows a city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ) to make certain improvements as authorized by the Act to the infrastructure to facilitate economic growth within an area. The following guidelines are intended to aid the City Council in determining if the creation of a PID is financially feasible, practical and in the best interest of the citizens of Denton. This document does not require the City Council to participate in PIDs, nor does it prevent the City Council from establishing PIDs with elements that vary from these guidelines. Section 1 -Policy Statement The City Council reserves the right to consider PID applications on a case-by-case basis. Projects that bring a unique, high quality desired product to the City of Denton, and such uniqueness or high quality could not be created unless PID funding is available, may be considered. Consideration will be given to developments that provide the types of development that diversify and enhance the tax base. Desired product is defined as a high quality mixed-use development that does not exist within the City of Denton (or is limited) at the time the PID application is presented. The development must promote the policy of the Denton Plan. Elements of the development may include: • The development should exceed Denton Development Code standards in a combination of areas. Examples might be: o Park land/development o Architectural design o A high quality in building materials not seen in other developments o Lot sizes that exceed the average lot size in Denton o A higher quality of amenities not provided in other developments in Denton • The development provides a significant impact in the quality of residential units on the community. PIDs may also be considered for redevelopment areas such as downtown. • Developments of significant size should have a commercial component that provides services and products that serve the needs of the neighborhood, i.e., cleaners, pharmacy, bank, etc. • The development must have a cohesive theme throughout that identifies the unique nature of the project. • Amenities or characteristics that describe the project as unique must be clearly definable and measurable as the developer will be required to demonstrate the project has been completed as proposed. • Ongoing operation and maintenance costs for amenities or public facilities where the costs are borne by the City of Denton (i.e., library, dedicated parks) may eliminate a project from consideration. Page 1 of 4 s:\our documen[s\miscellaneous\07\public improvement distric@.doc Section 2 -Reimbursable expenditures Public amenities and facilities must be available to all City of Denton citizens. Some or all of the following list of improvements may be financed through PID funds; however, the City Council reserves the right to consider each project on a case-by-case basis and will determine the appropriate improvements applicable to any project: • Water, wastewater, health and sanitation, or drainage improvements (including acquisition, construction, or improvements of water, wastewater or drainage improvements); • Street and sidewalk improvements (acquiring, constructing, improving, widening, narrowing, closing or rerouting sidewalks, streets or any other roadways or their right-of- waY); • Mass transit improvements (acquisition, construction, improvement or rerouting of mass transportation facilities); • Parking improvements (acquisition, construction or improvement of off-street parking facilities); • Library improvements (acquisition, construction or improvement of libraries); • Park, recreation and cultural improvements (the establishment or improvement of parks); • Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting and signs); • Art installation (acquisition and installation of pieces of art); • Creation of pedestrian malls (construction or improvements of pedestrian malls) • Similar improvements (projects similar to those listed above); • Supplemental safety services, including public safety and security services; • Supplemental business-related services for the improvement of the district, including advertising and business recruitment and development. Section 3 -Funding/Reimbursement of Costs PIDs will not be used for construction financing. The City Council may consider one of two options to reimburse public improvement districts for eligible costs. The City Council will review each development on a case-by-case basis to determine the appropriate funding option. A. Fundin¢ Option 1 - Pav As You Go. Under this option, the assessed funds are disbursed annually in an amount that does not exceed the expenditures incurred for eligible project costs. No bonds secured by P1D assessments shall be sold. Although this option is used most frequently for maintenance projects, the City Council may consider the Pay As You Go Option for any project. The term for Pay As You Go PIDs may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. B. Reimbursement Option 2 -Revenue Bond Sales After Construction Under this option, the City Council may approve the sale of bonds secured solely with PID assessments to reimburse eligible costs once a minimum of 50°/n of the planned residential/commercial construction is at full completed value. If the project is built in phases, bonds may be sold for each phase. The comparative size of each phase must be acceptable to the City. Page 2 of 4 s:\our documents\miscellaneous\07\public improvement dis[rict2.doc A minimum of 50% of the planned residential/commercial development of each phase must be constructed and accepted by the City of Denton at full completed value before bonds may be sold. Financial security of the developer and feasibility of the project will be reviewed by the City's financial advisors and bond counsel to ensure viability of the project and that PID assessment funds are sufficient to retire the bond debt. The minimum percentage of completion may be reduced if the City believes the financial feasibility report justifies the reduction in completion percentage. The term may not exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be ongoing. Section 4 -Assessment Cap The City Council must consider an assessment amount at the time a PID is created. Assessments should not exceed $0.40 per $100 valuation regardless of whether the project is within the City limits or the City's ETJ. The assessment may be less than $0.40, and the City Council may even consider an amount higher than the recommended $0.40 cap if they believe it is in the best interest of the community. Section 5 -PID Petition/Documentation Developers requesting a PID are required to submit a completed PID petition application to the Economic Development Partnership Board (EDPB). The EDPB will review the proposal and make recommendation to City Council. The application will provide the following: A. Description of the development that clearly defines the elements of the project that exceed the Denton Development Code and how those elements of the project will be measured. B. Documentation that the project provides a desired product that is not available or is limited within the city limits or the ETJ. C. Detailed project financials and developer financial information to ensure the viability of the company. If the developer has participated in previous PIDs, success of previous PIDs must be demonstrated. D. Developers must declare whether they will hold ownership of the residential property within the development or sell sections/lots to builders, and the proposed timing of the sale of such sections/lots. E. Sample documentation to be provided at the time of sale that clearly discloses the existence of the PID, the amount of the assessment, options for payment, and liability to owner should assessment become delinquent. F. Project financial documents must include payment for City of Denton administrative costs. G. Project financial documents must declare the party responsible for maintenance of the improvements and describe how maintenance will be funded. If an element of the PID funds operation and maintenance, a list, of improvements supported by PID funds must be provided. Page 3 of 4 s:\our documents\misecllaneous\07\public impmvemen[ districl2.doc H. Project financial documents must include payment for administrative and reasonable legal costs that may be incurred by the City to foreclose on any property within the project for non-payment of PID assessment. Section 6 -Administrative Costs The PID documentation must provide for the reimbursement of the City's on-going administrative and legal costs relative to reviewing, preparing, auditing the feasibility report, preliminary costs estimates, five-year service and assessment plan and assessment roll, and costs relating to foreclosures, etc. A $2,500 deposit must accompany all PID applications to be applied toward administrative costs related to the processing and review of the application, which may include staff time, public notices, etc. The City will track costs and refund any excess monies once the PID has been established or denied. The applicant will be required to cover all related costs; therefore, it may be necessary for applicants to provide additional funds. Page 4 of 4 RESOLUTION s:\our documentsUesolutious\07\blues festival alcohol sell.doc RESOLUTION NO. fi ' O A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL ON SEPTEMBER 15, 2007, 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 Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival on September 15, 2007; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 15, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. 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; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~-t NV day of , 2007. ~ ~~~ ~~ PERK . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ ti _ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY .x~ Page 2 of 2 6:~M11' dOCUlI1E11~8~tAI1119C~~}1~IIfS tCSItVBI Cm11TdCI.dOL QUAKERTOWN PARK AGREEMENT FOR THE BLUES FESTIVAL . STATE OF TEXAS COUNTY OF DENTON § This Agreement, made this oZ/o ~' day o 2007, by and between the City of Denton, a municipal corporation, herein referred to as the `SCITY" and the Black Chamber of Commerce, (called "CHAMBER"}. 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 CHAMBER the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereina8er set forth, for the Blues Festival on September 15, 2007, to be held at the Quakertown 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 Blues Festival set for the yeaz 2047. ARTICLE 2 SCOPE OF SERVICES CHAMBER in order to exercise the privilege to sell alcoholic beverages must perform the following: A. CHAMBER shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Blues Festival. B. CHAMBER shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Blues Festival. C. CHAMBER shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Blues Festival. CHAMBER'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 Blues Festival. ARTICLE 3 LOCAL RULES AND REGULATION CHAMBER agrees to abide by all municipal, county, state and federal laws, ordinances, Hiles and regulations and specifically, without limitation, the tZttakertown 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. CHAMBER 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. CHAMBER will exercise reasonable Gaze and due diligence in their sale of alcoholic beverages at the Blues Festival. ARTICLE_4 INDEMNITY AGREEMENT CIIANffiBR 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 CHAMBER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreoment. 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 aze hereby expressly reserved. ARTICLE S INSURANCE During the performance of the Agreement, CIIAMBER shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by Ute State htstn~ance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Instuance 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 khat $100,000 for each occurrence and not less than $100,0 in the aggregate. B. CHAMBER shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name Ute CITY as an additional insured on all such policies, and shall contain a provision that such insurance Blues Festival Agcemeat -Page 2 shall not be canceled or modified without written notice to the CITY and CHAMBER. In such event, CHAMBER shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CHAMBER: Black Chamber of Commerce Sharon McClellan, Secretary P.O. Box S 1026 Denton, Texas 76206 To CITY: City of Denton City Manager 21S E. McI{irurey Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within threo (3) days' mailing. ARTICLE 7 ENTIRE AGREF,MENT This Agreement, consisting of five (S) pages and one (11 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 al[ 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 Ure remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a va]id and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Blues Festival Agreement -Page 3 ARTICLE 9 DISCR.II~IINATION PR In perfomting the services required hereunder, CHAMBER 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. CHAMBER represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Ageement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY CHAMBER shall not assign any interest in this Ageement, and shall not transfer any interest in this Ageement (whether by assignment, nova6on, 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 Ageement, 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 agee 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 Ageement: (list exhibits) Exhibit "A"Resolution No. ~~20U7- Q~l B. Venue of any suit or cause of action under this Ageement shall lie 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. Blvea Festival Agreement -Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CHAMBE has execut greement through its duly authorized undersigned officer on this the ' ~ .day of _ ~~~~ti, 2007. CITY OF DENTON, TEXAS G----- ORG G CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS. CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ---~ BY: BLACK CHAMBER OF COMMERCE BY: SHARON McC LLAN,SECRE ARY WTTNESS: BY: Blues Festival Agrecmen[ -Page 5 s:\our documents\resolmions\07\blues festival alcohol: EXHIBIT A RESOLUTION NO. ~ )~1 ' D A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTNAL ON SEPTEMBER 15, 2007, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22-32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival on September 15, 2007; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 15, 2007 at the Quakertown Park upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carver, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festiva]. 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 iL)-7 Wv day of ~ ~- , 2007. ~~C~~ PERK . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~; Page 2 of 2 RESOLUTION ..~ S:\pur Documents\Resolutions\07\mx public hearing doe RESOLUTION NO. © ~ - ~ a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 25, 2007 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2007 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 11, 2007 AND SEPTEMBER 18, 2007; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARINGS ON A TAX INCREASE 1N ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTVE DATE. WHEREAS, the City Council desires to consider adopting a tax rate of $0.66652 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 2007 tax year of $0.66652 per $100 per valuation that will exceed the lower of the rollback rate or the effective tax rate. SECTION 2. The City Council hereby approves the placement of an item on the September 25, 2007 City Council public meeting agenda to vote on a proposed tax rate of $0.66652 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. SECTION 3. The City Council hereby calls two public hearings on the proposed tax increase to be held in the Cily Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 7620] on September 11, 2007 and September 18, 2007 at 630 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 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 21s` day of August, 2007, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et seq. The City Secretary is hereby directed to record this resolution and the vote on the proposal to place the item for a tax increase on the September 25, 2007 City Council agenda. .,_ S:\pur Documents\Resolutions\07\tax public hcaring.doc PASSED AND APPROVED this they ~ ~ day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ,_, APPR VEDA TO LEGAL F EDWIN M. SNYD~~IT TORNEY BY: Council Member Perry R. McNeill, Mayor Charlye Heggins Pete Kamp Jack Thomson Chris Watts Bob Montgomery Joe Mulroy Deputy Mayor Pro Tem ~ Qr~~ ~:~ PERR McNEILL, MAYOR 2007. Voted For Voted Aeainst ~_ ~- Page 2 RESOLUTION S:\Our Uocumen[s\Resolutions\07\vote on taz rate-2.doc RESOLUTION NO. o7~(J - Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT [T WILL VOTE ON A TAX RATE AT ITS MEETING OF SEPTEMBER 25, 2007; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ~+ ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at its meeting of August 21, 2007, the City Council voted to place a proposal on the September 25, 2007 City Council agenda to adopt a proposed tax rate of $0.66652 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 on the tax increase, the first " for its meeting of September 1 I, 2007 and the second on September 18, 2007; and WHEREAS, publication of notice of two public hearings on the tax increase were made in accordance with the law, one hearing was held on September 11, 2007 and the other was held on September 18, 2007, 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 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 Council will ,vote on the proposed tax rate at its meeting of September 25, 2007, 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 3. Prior to the vote on the tax rate, the City Manager is 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 the meeting of the City Council of the City of Denton, Texas on this the 18th day of September, 2007, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et seq. The City Secretary is hereby advised to record this Resolution and the vote on the proposal to place the item for a tax increase on the September 25, 2007 City Council agenda. \` S Our Documents\Resolulions\07\vole on tax rate-2.doc PE R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~/AA/~~ .~~~ L~WeI~• APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: PASSED AND APPROVED this the ~ ~~~ day of , 2007. ' Council Member Perry McNeill, Mayor Pete Kamp, Mayor Pro Tem Joe Mulroy, Deputy Mayor Pro Tem Bob Montgomery Charlye Heggins Jack Thomson Chris Watts Page 2 Voted For Voted Against -.~ ~- -~_ ,. Notice Of Vote on Tax Rate The City of Denton conducted a public hearing on a proposal to increase the total tax revenues of the City of Denton from properties on the tax roll in the preceding year by 13.5 percent on September 11th 8~ September 18th 2007. The City Council is scheduled to vote on the tax rate that will result in that increase at a public meeting to be held on September 25, 2007 at 215 E. McKinney, Denton, Texas 76201. RESOLUTION s:\our documen[s\Iesolutions\07\north texas higher education authoriry.doc RESOLUTION NO. OO / -' 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 and 8 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Boazd has nominated Dr. Lindsay Keffer -Place 6 and Ms. Virginia S. Anderson -Place 8 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Dr. Lindsay Keffer is hereby reappointed to Place 6 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2007 and continuing through September 30, 2009. SECTION 2. Ms. Virginia S. Anderson is hereby appointed to Place 8 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2007 and continuing through September 30, 2009. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / ~~k day of , 2007. '~~~ PERK . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR VED AS TO LEGA~ORM: EDWIN M. SNYL~EI~ CITY ATTORNEY BY: RESOLUTION s\our documents\resolmio~rs\OTpublic inf maion regmstsdoc RESOLUTION NO. /C rX.~/~~ Q~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON ESTABLISHING A LIMIT ON THE AMOUNT OF TIME CITY OF DENTON PERSONNEL ARE REQUIRED TO SPEND RESPONDING TO PUBLIC INFORMATION REQUESTS WITHOUT RECOVERING COSTS ATTRIBUTABLE TO THOSE REQUESTS, IN ADDITION TO ANY OTHER CHARGES PERMITTED BY LAW, FROM THE REQUESTOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill 2564, passed by the Legislature, amends Chapter 552 of the Government Code to add Section 552.275 which provides for the recovery of costs attributable to personnel time, along with overhead and materials, spent responding to public information requests that require large amounts of personnel time; and WHEREAS, the City Council wishes to establish a time limit on the amount of time City of Denton personnel are required to spend responding to public information requests that require large amounts of personnel time, in accordance with Tex. Gov't Code §552.275; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby establishes a time limit of 36 hours for a requestor during each fiscal year as the amount of time City of Denton personnel are required to spend producing public information for inspection or duplication or providing copies to a requestor without recovering costs attributable to that personnel time, afrer which a requestor will be required to pay the cost of personnel time, overhead expenses, and materials necessary to comply with his or her request(s), in addition to any other charges permitted by law, in accordance with Tex. Gov't Code §552.262(a),and (b). SECTION 2. This resolution shall become effective October 1, 2007. PASSED AND APPROVED this the day of~1l1i~ , 2007. c PER R. MINE L, MAYOR ATTEST: JENNIFER WALTERSI, C,1ITY -S~E}CRETARY BY: ~mnl ~r ~ ~A//I ~ X 6 ,t ~~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: RESOLUTION S:\Our Documents\ResoWtions\07\vote on tax rate.doc RESOLUTION NO. OO7-Q~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS MEETING OF SEPTEMBER 25, 2007; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at its meeting of August 21, 2007, the City Council voted to place a proposal on the September 25, 2007 City Council agenda to adopt a proposed tax rate of $0.66652 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 on the tax increase, the first for its meeting of September 1 ], 2007 and the second on September 18, 2007; and WHEREAS, publication of notice of two public hearings on the tax increase were made in accordance with the law, one hearing was Held on September 11, 2007 and the other will be held September 18, 2007, 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 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 Council will vote on the proposed tax rate at its meeting of September 25, 2007, 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 3. Prior to the vote on the tax rate, the City Manager is 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 the meeting of the City Council of the City of Denton, Texas on this the 11`h day of September, 2007, at which meeting a quorum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et sey. 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 25, 2007 City Council agenda. S:\Our Documents\Resolutions\07\vote on tax rate.doc PASSED AND APPROVED this the ~ day of , 2007. PERRY . Mc EILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Voted For Voted Against Perry McNeill, Mayor Pete Kamp, Mayor Pro Tem Joe Mulroy, Deputy Mayor Pro Tem Bob Montgomery Charlye Heggins / .lack Thomson ~/ ___ Chris Watts / Page 2 Notice Of Vote on Tax Rate The City of Denton conducted a public hearing on a proposal to increase the total tax revenues of the City of Denton from properties on the tax roll in the preceding year by 13.5 percent on September 11th 8~ September 18th 2007. The City Council is scheduled to vote on the tax rate that will result in that increase at a public meeting to be held on September 25, 2007 at 215 E. McKinney, Denton, Texas 76201. RESOLUTION ` s:\our documentsUesolutions\07\kuba cbth resolmian.doc RESOLUTION NO. 7., ~, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, FORMALLY ACCEPTING THE DONATION OF A FRAMED PIECE OF KUBA CLOTH FROM ALFORD GREEN, JR.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Alford Green, Jr., a consummate collector of art from Africa has graciously donated a Framed Piece of Kuba Cloth to the City of Denton; and WHEREAS, the City of Denton wishes to express it's appreciation of the donation by placing the Framed Piece of Kuba Cloth on display at the Center for Visual Arts through the Greater Denton Arts Council; and WHEREAS, the City Council finds that this resolution is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas hereby confirms the acceptance of the Framed Piece of Kuba Cloth and wishes to formally express it's gratitude to Alford Green, Jr. for the donation of such a fine piece of art from his extensive collection. The City Manager is directed to make arrangements to have the artwork displayed at the Center for Visual Arts through the Greater Denton Arts Council. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~,S~~day of o~ea~~n/¢~,1/ , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPRO ED AS O LEGAL FORM: EDWIN M. SNYDER, C~I~~AT~NEY BY: RESOLUTION FILE REFERENCE FORM R2007-028 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. 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 Documents\Resolutions\07\Invcstment Policy.doc RESOLUTION NO. o~~D~"O A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOVT 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 Po]icy 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, by Resolution No. 2005-008, passed by the City Council on February 22, 2005, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-047, passed by the City Council on November 15, 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. GOVT CODE ch. 2256, by the 80th Legislature; NOW, THEREFORE, s:\our dowmen[s\resolu[ions\07\inves[ment policy.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 fimds 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 Director of Finance, Bryan Langley, 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. GOVT 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 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. Save and except ast 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;., Resolution No. 2005-008, and Resolution No. 2005-047 shall rerriain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the o~.J ~~ day of , 2007. ~!/~vi Y . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY: APPROVED AS TO LEGAL EDWIN M. SNYI)I/$, CITY BY: Page 2 of 2 CITY OF DENTON Page , ~f t POLICY/ADMINISTRATIVF. PRnCFDrtRF/Annrrtvrrrue~rrvF nrncr~rrvc SECTION: FINANCE POLICIES REFERL'NCE NUMBER: 403.06 SUBIECT: INVESTMENTS INITIAL EFFECTIVE DATF,: 02/!7/87 LAST' REVISION DATE: TITLE: INVESTMENT POLICY 2/05 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 [he highest yield possible from investing all temporary excess cash. This policy serves [o 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 [he 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. 1[. SCOPE A. This Investment Policy applies to [he investment activities of the City oC Denton, Texas. The speciftc funds cited hereafter in Section IIB, 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-[o-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 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 Ciry shall and will maintain responsibility for these funds to the extent required by: Federal and Stale Law; the Ciry 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 Cunds 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 i^ accordance with Section 2256.005(d) of the Act), apply for each of the City's investment strategies: Paee 2 of I i POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 A. S'uitobility-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 invesnnen[ 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 pazticular sectrity type of less than a quarter of a percentage point shall define an efficient secondary market. E. Diversification -Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying [he 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 ro obtain a yield equal [o 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 [hough steps will be taken to obtain [his goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to [he provisions of the amended Act, Section 2256.006(x). The Director of Finance 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 pmdence of the investment derision 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 strategics shall be implemented 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: Pane i of I i POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TI'T'LE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 A. Opernling Frrnds -Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective [o 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 complement each other in a laddered maturity structure. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using [he stated final maturity date of each security. B. Debl Sen ice Fands -Investment strategies for deb[ service funds shall have as the primary objective the assurance of investment liquidity adequate [o cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the deb[ 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. Debl 5'en~ice Reserve Fnnds -Investment strategies for debt service reserve emergency and contingency funds shall have as [he primary objective [he ability [o 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 [he bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities no[ exceeding fve (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 [heir value during economic cycles. A dollar weighted average maturity of 650 days or less will be maintained. C. Cons7rrrction and Special Purpose Punds -Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective [o assure [hat anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at (east 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed [he 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 oC each security. E. Market prices for all public fund investments will be obtained and monitored through the use oC 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, Director of Finance, Mayor, and one member of the City Council. .Scope- The Investment Committee shall meet at least quarterly [o 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 invesunent portfolio. Page 4 of l3 PULICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 Procedures -The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and Cour members shall constitute a quorum. The Investment Committee shall establish its own roles of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE A. Delegation cf;. Trnining -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 Director of Finance. The Director of Finance may delegate the day to day activities to a responsible individual who has received the appropriate training required by state statute. The Assistant City Manager and Director of Finance are designated as the Investment Officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and [he procedures established by [he 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 Director of Finance. The controls shall include a quarterly process of independent review by an individual or firm designated by [he 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, Director of Finance, Mayor, City Council, Ciry Manager and other Finance employees shall be personally indemnified in the even[ of investment loss provided the Investment Policies and Guidelines are followed. B. Conflicts ofLnleresl -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 [hat could conflict with proper execution of the investment program, or which could impair their ability [o make impartial investment decisions. C. Disclosure -Anyone involved in investing City funds shall file with the Assistant City Manager and [he Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Paee 5 0( I3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVL'STMENT POLICY REFERENCE NUMBER: 403.06 Denton investments. An investment officer has a personal business relationship with a business organization if The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of [he business organization; 2. Funds received by [he investment officer from [he business organization exceed 10% of the investment officers gross income for the prior yeaz; 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 [he City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. D. Prudence -The standard of prudence [o be used by [he investment officials shall be [he "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. F.. Reporting Qunrlerly -The Director of Finance shall prepare and present to the Investment Committee and City Council a written report on the City's investment transactions for the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as ot[he end of the reporting period, 2) preparedjointly 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 accmed interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) Slate the book value and market value of each separately invested asset at [he 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 ma[uriry 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. Paee 6 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTML'NT POLICY REFERENCE NUMBER: 403.06 Annually -Within one hundred-twenty (220) days of the end of the Fiscal Yeaz, the Director of Finance shall present a comprehensive annual report to [he 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 s[mtegies a[ least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit -The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. The guidelines of retaining records for seven years as recommended in [he Texas State Library M:micipal Records Manual should be followed. The Director of Finance shall oversee [he 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 Ciry to benefit from the trade. (Subsection E) B. Authorized Im~es(menLS (Per HB 2459 and Sections 2256.009 Through 2256.017 of the Act) - Assets of funds of the government of [he 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 determinable market value; 2. Investment -grade, direct obligations of the State of Texas (maturing in less than Iwo (2) years); 3. Obligations of the S[atcs, 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 Icss 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 [he Federal Deposit Insurance Corporation or its successor or 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 [he 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); Pnor 7 r.f l Z POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE c TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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 Director of Finance, 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-I or P-1 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 a[ least one nationally recognized rating service. A public funds investment pool created [o 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 [his 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, [he following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of [he 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; (S) whether the intent of [hc pool is [o maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of paymem is [he 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; (Il) the requirements to be satis5ed for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity [o invest funds in and withdraw Cunds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. Paee R of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY RNFERENCE NUMBER: 403.06 c. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish [o the investment officer or other authorized representative oCthe entity: (L) 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) [he yield and expense ratio of the pool; (J) 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.I. and whose investment objectives includes the maintenance of a stable net asset value of $I 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 [he Securities Exchange Act of 1934 (l5 USC. Section 78a et. Seq.) or the Investment Company Act of 1990 (15 USC Section SOa-1 e[. Seq.). 9. Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. C. Prohibited Investments -The City's authorized investment options are more restrictive than those allowed by S[a[e law. Furthermore, this policy specifically prohibits investment in [he following investment securities. Obligations, whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. Obligations whose payment represents the principal stream of cash (low from the underlying mortgage-backed security collateral and bears no interest. 3. Collateralized mortgage obligations that have a stated 5nal maturity date of greater than 10 years. Pase 9 of l3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TI"I'LE: INVESTMENT POLICY REFERENCE NUMBER: 403.0( 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 specifc diversification strategies, the two (2) following general po]icies and constraints shall apply: Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to SSO days. All long-term maturities will be intended to cover long-term liabilities. In addition, five (S%) 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 instn~mentalities, repurchase agreements, and insured/collatcralized 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 Tvne % ofPortfol/o • U.S. Treasury NotesBills 100% • U.S. Agencies & Instmmentalities 100% • State of Texas Obligations & Agencies I S% • Local Government Investment Pools SO% • Local Government Obligations (AA) 10% • Repurchase Agreements ZS% • Certificates of Deposit 100% • U.S. Government Money Market Funds SO% • U.S. Treasury Notes & U.S. Agency Callables 3S% By Institution: Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than $10,000,000 E. Security swaps may be considered as an investment option for the Ci[y. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve mazket sector diversification. Swaps may be initiated by brokers/dealers who are on the City's approved list. A horizon analysis is Page 10 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.0( required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment f le Cor record keeping. All investments (governments or bank C.D.'S) will be solicited on a competitive basis with at leas[ 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 mamrity date, amount, and potential dismp[iveness to the City's investment strategy. The investment will be made with the broker/dealer offering [he 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- excmpt General Obligation Bond proceeds and deb[ 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 Ciry'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 [hat could have been earned iC the funds had been invested a[ a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every Gvc years, and no[ later than sixty days after maturity of the bonds), the Ciry 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 [he 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 [he safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and rebate excess earnings, if necessary. Paee 1 I of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE, NUM73ER: 403.06 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 Cunds 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 Finance 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 (REP) 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 [o 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 Finance. B. Im~estment Brokers/Dealees -The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary governmem 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 instimtions 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 [he individual representatives. 5. Ability to provide additional advisory services. The Director of Finance shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIIl. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. The above criterion will be evidenced by [he following indicators: delivery method for securities, capitalization of firm, lawsuits pending against firm, credit worthiness of firm, reports and research that are available, training of staff, primary versus secondary status of firm, and the presentment oC a signed qualified broker statement. Each indicator will be weighted equally in the overall evaluation. 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. Page 12 of I3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TI"fLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 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 [he City's Investment Policy. The firm must acknowledge that i[ has implemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to the Director of Finance. The City's investment officer(s) may not transact business from a person who has not delivered the required written inswmen[ to the City. IX. 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 a[ a third party institution no[ affiliated with the bank or bank holding company will be maintained in [he office of [he Director of Finance all time. The Assistant City Manager, Director of Finance 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 [heir deposits and investments are not sufficiently protected by the pledged collateral. B. Safekeeping procedures shall be established by the Investment Committee, which clearly define steps for gaining access to the Collateral should the Ciry determine [ha[ the City's funds are in jeopardy. Collateral safekeeping and substitution agreements will be a pan of the procedure. C. Collateral Defined -The City of Denton shall accept only the following securities as collateral: FDIC and FSLIC insurance coverage. United States Treasuries & Agencies. 3. Other securities as approved by the Investment Committee. D. Delivery vs. Payment -All transactions will be executed with authorized security dealers and financial institutions on adelivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral. The collateral shall be held in the name of the City or held on behalf oC 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 (REP) or that agent's representative in New York City, or in its account a[ [he Federal Reserve Bank. E. Subject to Audi[ -All collateral shall be subject to inspection and audit by the Director of Finance, or designee, as well as, the City's independent auditors. Page 13 of 13 'OLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY REFERENCE NUMBER: 403.06 X. MANAGEMENT AND INTERNAL CONTROLS The Director of Finance, 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 OfFcers of the City. Controls and managerial emphasis deemed most important [hat shall be employed include the following: Imperative Controls: - Custodian safekeeping receipts records management - Avoidance ofbearer-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 mazket conditions, changes and trends that require adjustments in investment sVategies. RESOLUTION - s:\our documents~'esolu[ions\07\edbg support resotution.doc RESOLUTION NO. OD7- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Community Development Block Grant Program (the "CDBG Program") was signed into law by President Gerald Ford as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the primary objective of the CDBG Program is the development of viable communities by providing decent housing and a suitable living environment, and expanding economic opportunities for low and moderate-income persons; and WHEREAS, the CDBG Program has considerable flexibility to allow communities to carry out a broad range of activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS, throughout its 32-year history, the CDBG Program has been a partnership among all levels of government, the non-profit community and the business community to carry out activities that improve the lives and neighborhoods of low and moderate-income families; and WHEREAS, the City of Denton has participated in the CDBG Program since 1984 and has used CDBG funding to improve neighborhoods and the lives of its citizens primarily through home improvement programs, social services and public facility improvements; and WHEREAS, recent reductions in funding to Denton's CDBG Program and other programs in communities around the nation has had a significant negative effect; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton recognizes the significance of the role that CDBG plays in the Denton community and recognizes that without CDBG funding, many Denton residents would not have access to decent housing or needed services; SECTION 2. The City of Denton, City Council, strongly supports increased funding for the Community Development Block Grant program. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~G`~/ , 2007. s:\our documents\resolutions\07\cdbg support resolutioadoc PER R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY' BY: - / APPR ED A TO LEGAL FORM: EDW[N M. SNYDER, CITY ATTORNEY BY: RESOLUTION %(+$1$%$1$-"$%.1, R2007030 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ RepealedbyResolutionNo.18174110/23/18JR s \our documeNS\resolu[ions\W\committee for people with disabililies.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR, AS REPRESENTATIVE OF THE CITY, TO ISSUE A LETTER DESIGNAI7NG THE DENTON COMMITTEE ON PEOPLE WITH DISABILITIES FOR THE PURPOSES OF PROMOTING AID TO DISABLED PERSONS IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton's Committee of People with Disabilities ("Committee") has been established to promote aid to disabled persons, which includes the promotion of better public and employer understanding concerning needs and contributions of persons with disabilities, increased employment, retention and advancement of disabled workers, encouragement for use of available services for disabled persons, encouragement of the removal of architectural barriers, and promotion of participation in community life by persons with disabilities; and WHEREAS, the City Council of the City of Denton finds that it is in the public interest to designate the Committee for the purpose of promoting disabled persons in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. The Mayor of the City of Denton, Texas, is authorized to designate the Committee for the purpose of promoting disabled persons in the City of Denton. The City Manager is authorized to provide a City staff person or persons to attend Committee meetings and to assist in Committee activities. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2007. ATTEST: ,JENNIFER WALTERS. CITY SECRETARY M 3ER,,CIT~AOTTOF AYOR BY: RESOLUTION ' s:\our documents\resolu[ions\07\home support resolution.doc RESOLUTION NO. 7D ~' A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE HOME INVESTMENT PARTNERSHIP PROGRAM; AND PROVIDING AN EFFECTNE DATE. WHEREAS, decent, safe, affordable housing is at the core of family stability and strong neighborhoods; and WHEREAS, since 1992 the Home Investment Partnership Program (the "HOME Program") has expanded the supply of decent, safe, affordable housing, strengthened public- private partnerships; improved the lives of low and moderate-income people, and strengthened neighborhoods; and WHEREAS, the HOME Program provides direct formula grants to jurisdictions to fund a wide-range of affordable housing activities, including home buyer assistance, the rehabilitation and construction of owner and rental housing units; and WHEREAS, the HOME Program is cost effective and strengthens public-private partnerships by leveraging additional private resources to HOME projects; and WHEREAS, the City of Denton has participated in the HOME Program since 1992, using funds primarily to assist homeowners with units in need of repair and new homebuyers needing assistance with down payment and closing costs; and WHEREAS, the City of Denton worked to develop a local Community Housing Development Organization (CHDO) now known as the Denton Affordable Housing Corporation, to assist in utilizing HOME funds to provide affordable housing in the Denton community; and WHEREAS, the City of Denton continues to support the revitalization of low and moderate-income neighborhoods and housing in the community and the use of HOME funding is important to this effort; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton City Council strongly supports the Home Investment Partnerships Program and recommends increased funding for the HOME Program formula; and SECTION 2. This resolution shall become effective immediately upon its passage and approval. s9our documents\resolulions\07\homc support resolutinn.doc PASSED AND APPROVED this the ~ day of (~ , 2007. ~c~~ PE Y R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~~~ RESOLUTION RESOLUTION NO. 82007-~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY STAFF TO DEVELOP AN ENVIRONMENTALLY PREFERABLE PURCHASING POLICY REGARDING ITS PUBLIC PURCHASING ACTIVITIES TO THE EXTENT IT IS AVAILABLE, TO THE EXTENT IT IS PRACTICABLE, AND TO EXTENT REASONABLY PERMITTED BY THE TEXAS STATE PURCHASING LAWS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, a municipal corporation and aHome-Rule City is committed to environmental quality; and WHEREAS, by incorporating environmental considerations into public purchasing, where legally possible, the City can reduce its burden on the local, regional and global environment; and WHEREAS, the City Council of the City of Denton wishes to conserve natural resources by purchasing both "recycled content materials" and "environmentally preferable materials," where legally possible; and WHEREAS, the City of Denton wishes to reduce energy consumptions in facilities located within the City, by both energy-efficient new construction and by the retrofitting of existing facilities with the most energy-efficient materials practicable; and WHEREAS, all City departments will do their utmost to ensure that preference is given to environmentally preferable products to the extent that they are available, are practicable and are legally authorized; and WHEREAS, the continued implementation of the use of biodiesel fuel in the City of Denton fleet and the recovery of landfill gas in the biodiesel process are both an added benefit to air quality that Denton is already availing itself of; and WHEREAS, an environmentally preferable purchasing policy will be developed and the necessary tools shall be formulated and provided to assist staff in identifying environmentally preferable options to existing materials; and WHEREAS, this Resolution is in the public interest of the residents of the City of Denton; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby authorizes the development of an "Environmentally Preferable Purchasing Policy" for the future public purchasing needs of the City of Denton, to the extent that the same is available, is practicable, and is legally possible. SECTION 2. The City Council may, from time-to-time consider changes to this policy as will be reflected by their future action. SECTION 3. This resolution shall become effective immediately upon its passage and approval. ,n,t~ PASSED AND APPROVED on this the .~ day of (iGU ~ , 2007. V, ~C PE Y R. McNEILL, MAYOR ATTESTED BY: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: ~ RESOLUTION s:\our documen[stresolu[ions\07\nominare cenval appraisal districtdoc RESOLUTION NO. O ~~ 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, 2007; 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. The City of Denton, Texas hereby nominates Q '0 and r- as a members to the Board of Directors of the Denton Centra Appraisal District fort o-year terms to commence January I, 2008. SECTION 2. This resolution shall become effective immediately upon its passage and approval. ~J PASSED AND APPROVED this the ~-day of (J1~~ /L , 2007. C PER R. cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY AT~OR BY: RESOLUTION ' S:\Our Documents\Resolutions\07\DCTA Board Appoiramentdoc RESOLUTION NO. ~I -D~7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPOINTING ONE MEMBER AND ONE ALTERNATE TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.2015(c) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors (the "Authority Board") of the Denton County Transportation Authority (the "Authority"); and WHEREAS, pursuant to Resolution No. R2005-039 the City Council of the City of Denton appointed Joe Roy as the City of Denton representative to the Authority Board and appointed Mark Nelson as the First Alternate and Howard Martin as the Second Alternate, each for atwo-year term; and WHEREAS, the two year term will expire on November 1, 2007 and the City Council deems it be in the public interest to appoint a member and one alternate to the Authority Board for a two year term; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. Mark Burroughs is hereby appointed as a member and Mark Nelson is hereby appointed as First Alternate to the Authority Board as representatives for the City of Denton, Texas. Each such person is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders or parts of resolutions or orders in force when the provisions of this Resolution become effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2007. ~~~ ~ S:\Our DocumentsUtesolutions\07\DCTA Board Appoirnmentdoc c~~ PERR . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 oF2 RESOLUTION _. s:\our documen[s\resolutions\07\resolulion revising park naming policy.doc RESOLUTION NO. /~1~~QU~ A RESOLUTION AMENDING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF PARKS AND PARK FACILITIES, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to amend the policy for naming and renaming parks and park facilities; and WHEREAS, the Parks, Recreation and Beautification Board recommends that the policy be revised as written, and WHEREAS, the City Council deems it in the public interest to adopt the revised policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The revised Park Naming Policy, which is attached hereto and made a part . hereof for all purposes, is hereby approved and adopted SECTION 2. All policies inconsistent herewith are hereby repealed SECTION 3. This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _Ll~ day of _~i , 2007. ~ m`~.~ PE R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO D AS O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: PARK NAMING POLICY PURPOSE: 1) Provide name identification for individual parks. 2) Provide name identification wherever appropriate on public buildings, structures, facilities, and specified areas. 3) Provide for citizen input into the process of naming parks and facilities as enumerated above. 4) Insure control for the naming of parks and facilities by the Park Board and City Council through the recommendations ofthe Director. PARKS are owned and managed by the City and used for public recreation purposes and include developed and undeveloped park areas and designated open space areas. CITY FACILITIES are City owned facilities used to conduct City business. Buildings may include, but are not limited to, City Hall, fire and police stations, Civic Center, Senior Center, and recreation centers. SPECIFIC FACILITIES are facilities/amenities that could be located within a park or part of a facility. These include, but are not limited to, athletic fields, gymnasiums, meeting rooms, picnic shelters, tennis and basketball courts, swimming pools, and playground equipment. POLICY: The following criteria shall be used in the naming of City owned Parks, Facilities and Specific Facilities: (1) The Parks, Recreation, and Beautification Board shall review and make recommendations to the City Council for areas that relate to,parks, recreation facilities and recreation specific facilities. (2) The recommendation of each suggested park, city facility and specific facility name shall be according to criteria outlined in this policy. A. General Criteria: The policy of the City is to name parks and facilities in a manner that will provide an easy and recognizable reference to City staff, citizens,,and visitors to the City and be compatible to the area in which they are located. Geographical Location: A park, facility or specific facility may be named for: • an adjacent school, • the street on which it is located, City ofDenton -Park Naming Policy Page 1 • historical sites at least 50 years old, • natural features, • descriptive name for particular feature, location or region B. IndividuaUOrganization Naming (The following criteria shall be used in evaluating the merit of each memorial-naming request): 1) The individual must be deceased at least three (3) years unless based on the contribution method below. 2) The individual was a resident of the City of Denton for fifteen (15) years or more. 3) The individual must not have been convicted of a felony. 4) The individual/organization has made exceptional contributions to the city, including one or more of the following. financial gifts, public service, or long term sponsorship agreements. a. The individual/organization that lias made contributions of regional or community wide significance may be considered for the naming of parks, facilities or specific facilities that serve the regions or community. b. The naming of a park, a facility, or parts of a park or facility shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51% of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. 5) The person being memorialized died in the line of duty serving the City of Denton or the United States of America or died while performing a heroic act (e.g., the life of another person). , a. City will obtain and/or attempt to make contact for approval from living family members of individuals recommended for having a park, facility or specific facility named in their honor. ` 6) Organization: Request must be on signed letterhead with approval from Board of Directors, Chief Operating Officer, or owner stating their approval for the naming of a park, facility or specific facility. Satisfying one or more of the eligibility criteria listed above does not ensure a recommendation from the Parks, Recreation, and Beautification Board or City Council approval. The re-naming of Parks, City Facilities, or Special Facilities is discouraged in an effort not to diminish the original justification for the name or discount the value of the prior contributions. C. Guidelines Associated with Fundraising Campaigns The naming of facilities in association with fundraising campaigns may be considered under the following conditions: City ofDenton -Park Naming Policy Page 2 1) Organizations affiliated with the City that desire to raise funds for achy-sponsored project must receive a recommendation from the Parks, Recreation, and Beautification Board when it relates to Recreation Facilities or Parks and receive approval from the City Council prior to attaching naming opportunities to the fundraising campaign. 2) Organizations conducting fundraising campaigns with naming opportunities attached must immediately notify City staff when a naming proposal is under consideration in order to facilitate an administrative review. 3) Naming proposals that promote alcohol, tobacco products or political organizations will not be considered. 4) Acceptance of a naming proposal by an organization conducting a fundraising campaign must be considered conditional pending a review and recommendation by the City Manager for non-recreation facilities and from the Parks, Recreation, and Beautification Board for recreation related. D. Plaques, Markers and Memorials: Plaques, Markers and Memorials that are, requested to be located on City Property, a City Facility or on the any City Premises, must follow the guidelines set below: 1) Must be in accordance with City Standards. The location, size and inscriptions on plaques require approval by designated City Staff. 2) Designed to blend with and compliment design of the existing park or facility. 3) Must be made of bronze or other material pre-approved by the City of Denton 4) Costs for plaques, markers, memorials, or other signage involved in the renaming of Parks, City Facilities, or Specific Facilities shall be borne by the nominating individual(s), group, or organization. A written maintenance agreement for each plaque, marker or memorial must be reviewed and approved by the Director of Parks and Recreation. NAMING PROCEDURE: NAMING NEW PARKS OR FACILITIES 1) Names for new parks shall typically be, established within 180 days from the date of land acquisition. The name of new buildings shall be established prior to the completion of construction. Names for parts or areas of parks and facilities maybe established at any time. 2) The Chairperson of the Parks, Recreation, and Beautification Board shall name a committee that will be responsible for recommending a name For all park lands and facilities to the Board. 3) The committee shall be responsible for research, study, and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given in writing. 4) Groups or individuals may submit nominations on a City of Denton Name Nomination Form for naming new parks or a new facility. All recommendations will be given the City ofDenton -Park Naming Policy Page 3 same consideration without regard to the nomination source. Designated Parks and Recreation Department staff will review the form for completeness and accuracy. All non-recreation requests will be forwarded directly to the City Manager. All recreation facility requests will be forwarded to the Parks, Recreation, and Beautification Board. A request for nominations will be publicized for review at the time of new construction. No nominees will be accepted after the announced deadline. All recommendations involving the name of a person, in accordance with Item B. of this document, shall also include the following: a) a biographical or informational sketch; b) rationale supporting the nomination; c) the name(s) of the person(s) or supporting group(s) responsible for the nomination; d) the name(s) of the person(s) or supporting group(s) that will provide the funding for the purchase and installation of the memorial monument and up to five years of maintenance on any monument that is requested. 5) At least one community meeting to receive public input for the proposed name should be held prior to the committee finalizing its recommendation to the Parks, Recreation, and Beautification Board. This meeting can ~be a dedicated portion of the regular meeting of the Parks, Recreation and Beautification Board. 6) The Parks, Recreation, and Beautification Board shall approve or disapprove of the name recommended by the committee. 7) If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. 8) All recommended names for such facilities must be approved by a majority vote of the members of the Parks, Recreation, and Beautification Board. 9) Upon approval, the recommended name shall be forwarded to the City Council for their consideration and final decision. ] 0) Once a name has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasonable time. RENAMING PARKS AND FACILITIES 1) In order to respect the historical tradition and community values, which previous generations bestowed on these resources, the renaming of parks and facilities is strongly discouraged. 2) Parks and facilities named for a geographic location, outstanding feature or subdivision can be considered for renaming. A park named for an individual should not be changed unless it is found that the individual's personal character is, or was, such that the continued use of their name for a park or facility would not be in the best interest of the community. City of Denton -Park Naming Policy Page 4 3) Requests to rename a City Park or Facility (as defined on page one of this policy) shall be made by completing the Citv of Denton Name Nomination Form provided by the Parks and Recreation Department. Designated Parks and Recreation Department staff will review the form for completeness. Requests for non-recreation facilities will be forwarded to the City Manager. Requests for Parks, Recreation Facilities and Recreation Specific Facilities will be forwarded to the Parks, Recreation, and Beautification Board. 4) The Parks, Recreation, and Beautification Board chairperson will assign a committee of Board members that will research, document, and provide a recommendation to the entire Board. 5) 1n reviewing a request for a name change, the Board will give special consideration to any legal agreements or authorized written promises which were made when the original name was established. Any recommendation which involves the name of a person, in accordance to Item B. of this document, shall include the following: a) a biographical or informational sketch; b) rationale supporting the nomination; c) the name(s) of the person(s) or supporting group(s) responsible for the nomination; d) the name(s) of the person(s) or supporting group(s) that will provide the funding for the purchase and installation of the memorial monument and up to five yeazs of maintenance on any monument that is requested. 6) If a change is requested in the name of an existing park or facility, such request will not be acted upon by the Board until a sign stating the request has been posted on the affected property for a period of at least 45 days. The sign should direct comments to the Director of the Parks and Recreation Department. 7) At least one public meeting to receive, public input for the name change should be held within thirty (30) days of the end of the name change posting. This meeting can be a dedicated portion of the regular meeting'of the Parks, Recreation and Beautification Board. 8) The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. 9) If the committee's recommendation is disapproved by the Board, then the matter may be referred back to the committee for further action. 10) All recommended names for such Facilities must be approved by a majority vote of the members of the Parks and Recreation Board. 11)Upon approval, the recommended name shall be forwarded to the City Council for their consideration and final decision. 12) Once a renaming has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasonable time. City ofDenton -Park Naming Policy Page 5 NAMING NEW SPECIFIC FACILITIES 1. Specific facilities are typically not named except for the following circumstances: a. The naming of a specific facility, or parts of a park or facility, shall not be accepted as a condition of donation, unless the value of the donation exceeds $15,000 or 51% of the total project cost, whichever is greater. Improvements valued at less than $15,000 will not be affixed with names. 2. Should the above criteria be met, the conditions set forth in the NAMING OF NEW PARKS OR FACILITIES section of this document shall be followed. Nomination Acceptance: Any nomination received will be forwarded to the Parks, Recreation, and Beautification Board within sixty (60) days after receipt of a completed City of Denton Name Nomination Form for all new facilities. City of Denton Name Nomination Fonns will be accepted during the publicized period only; nominations received after the deadline will not be considered. City ofDenton -Park Naming Policy Page 6 CITY OF DENTON NAME NOMINATION FORM Naming or Renaming of Pazks, City Facilities or Specific Facilities to Recognize an Individual, Organization or Other Entity Please type or print clearly in ink and return to: • Department of Parks and Recreation (For all Parks or Recreation Related Facilities) • City Hall (for all other Facilities) I. Date of Submittal: II. Individual or Organization Submittine Nomination: III Address: City, State, Zip: Telephone: (_ IV. Signature of Nominee or Organization Representative: V. Nominee (Check One): Individual ^ Organization ^ VI. Nominated Name/Organization: VII. Number of Years Nominee Lived in Denton: VIII. Recommended Name of Facility: IX. Facility Location: City ofDenton -Park Naming Policy Page 7 X. Explanation of why this individual/organization should be considered. (This information will be used by City Staff and/or Parks, Recreation and Beautification Board to determine the basis for their decision). Use additional sheets if necessary. INSCRIPTION One letter per square PLEASE PRINT CLEARLY Nomination Withdrawal: Signature Date City Staff Review: Yes ^ No ^ Signature: Parks, Recreation, and Beautification Board Date of Meeting: APPROVE ^ DECLINE ^ City Council Action Date: APPROVE ^ DECLINE ^ City ofDenton -Park Naming Policy Page 8 RESOLUTION ,, s:\our documentskesolutions\O7tresolution for public art donations.doc RESOLUTION NO. SO~ / - O A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE ACCEPTANCE OF PUBLIC ART, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Parks, Recreation and Beautification Board has approved and recommended a new policy to govern the acceptance of public art; and WHEREAS, the City Council deems it in the public interest to adopt this policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Donations of Public Art Policy, which is attached hereto and made a part hereof for all purposes, is hereby approved and adopted SECTION 2. All policies inconsistent herewith are hereby repealed SECTION 3. This resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~ day of ~ , 2007. PE . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY . BY: ~ APPRO ED AS O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY:i/~ ~ CITY OF DENTON DONATIONS OF PUBLIC ART Statement of Purpose: The purpose of this policy is to establish guidelines to evaluate proposed voluntary public art gifts from private sources. Proposed gifts of artwork will be reviewed before being placed into the public art collection. Objectives of the Policy: 1. To encourage and ensure that the City acquires public art that meets a high standard and is appropriate and meaningful for the community. 2. To provide a procedure for reviewing proposed gifts to the City of art works intended for placement in public places under the City's jurisdiction. 3. To acquire works that contribute to and enhance the City's Public Art Collection. Definitions: Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City. Public art that is not paid with public funds and not placed on public property is not governed by this policy. Unrestricted Donation - A donation to the City without any limitation being placed upon its use or placement. Restricted Donation - A donation to the City for a specific purpose or placement. Sponsor - An individual or group, other than the artist, who proposes a donation of a work of art or funded project for placement on a public site under the City's jurisdiction. Role of Sponsor -The sponsor's principal role is to state the intent of the donation and provide the funding for its manufacture, installation, and maintenance. Community groups or corporations can act as a sponsor, provided that they are capable of demonstrating community support for the proposal and clear financial responsibility for its acquisition, production, installation, and maintenance at the time of the proposal. Acceptance Conditions: 1. No civic funds will be provided for production, siting or installation. 2. A sponsor or co-sponsor must present the proposal. 3. All expenses related to the donation and review process rest with the sponsor. 4. The sponsor must provide the funds for maintenance at the time of Installation. 5. Sponsor is responsible for establishing the value of the work. 1/4 When the City receives a request to accept and install public art or a memorial, and provided the conditions outlined above are met, the following steps are set in motion: I . Consultation with the City's Public Art Committee and the appointment of a panel to review design,'social and merit issues. 2. A technical review by the City of the site and the work (if created). 3. Public consultation. Works of Art: Includes, but is not limited to, physical art that may be an integral part of a public site or building, or that may be integrated with the work of other design professionals. Public works of art maybe permanent, fixed, temporary, or portable. Examples of public works of art include: 1. Sculpture which maybe made of any material or combination of materials, may be free standing, wall-supported or suspended, kinetic, electronic, or mechanical. 2. Murals and paintings which may be made of any material or variety of materials, with or without collage, and which may be made with traditional or non-traditional means. 3. Earthworks, neon, glass, organic materials (for example fiber, clay, or wood), mosaics, photographs, prints, literary arts, calligraphy, any combination of media forms (for example sound, film, holographic, video, or computer systems), or hybrids of any media. Procedure/Process: In order for an artwork donation or loan to be considered, a potential sponsor must obtain and complete an Artwork Donation Form from the City of Denton Parks and Recreation Department. 2. The sponsor will be asked to submit a detailed proposal to the City and Public Art Committee prior to its consideration. The proposal must contain: i (a) A rationale for the proposed gift (b) A brief statement of proposed artwork and theme from the artist (c) A project timeline (d) Project ownership, transfer to the City and stakeholder responsibilities (e) A site plan showing the work in relation to the site (f) Visual presentation material of the work on the proposed site(s) and community, including drawing(s), photograph(s), and model(s) of the proposed work with scale and materials indicated (g) A detailed budget, with projected costs for the project, including materials, installation, documentation, construction, maintenance, insurance, etc. (h) Funds committed to date and proposed source(s) of funds (i) Anticipated maintenance for completed and/or donated artwork (j) Artist's resume and any additional supporting material (k) All other program criteria should be addressed in the proposal 2/4 3. The Public Art Committee and City staff will review offers of artwork to determine whether they meet initial criteria for the City's Public Art Collection. 4. All those qualifying will be put on a list of possible donations. 5. The Public Art Committee will appoint and instruct a panel(s) to review the offers and sites for compatibility and make recommendations to the Public Art Committee. 6. The panel of no fewer than three members and no more than five with suitable expertise, including art professionals and at least one neighborhood representative, will evaluate the work according to the criteria and the choice of site. 7. The panel chair will report the panel's decision in writing to the Public Art Committee. 8. The Public Art Committee accepts or rejects the panel's decision. 9. The Public Art Committee makes arecommendation to the City Council on accepted proposals. 10. If the proposal is accepted by the City Council, a formal agreement will be drawn up outlining the responsibilities of each party (the City, the sponsor, the artist and outside contractors, where applicable). The agreement will address project funding, insurance, siting, maintenance, project supervision, vandalism, the plaque, the right of removal or transfer, public safety, and other issues as necessary. 11. If the panel, the Public Art Committee, or the City decides against selecting the proposal, Citystaffwill notify the sponsor and the artist with the rationale for their decision. Selection Criteria for Proposed Donations to Public Art Collections: The City's public art program encourages the creation of work of the highest standards, that is deemed relevant to the community, and that allows the public to be inspired, make connections and understand relationships; among the works in the collection and the community. City staff will review all .proposals of gifts of artwork based on the following criteria, and refer them to the Public Art Committee, its review panel and City Council. 1. City Sites: Gifted public artwork must be for sites under the City's jurisdiction (e.g. City owned, City managed, e.g. public right of way). 2. Theme: A stated theme of the artwork, which is consistent with the goals, objectives, and mandate of the City's public art program, must be identified. 3. Relevance: Works of art must be appropriate for the proposed site and its surroundings, and complement surrounding architecture, topography, history, and the social dynamic of the particular community in which the art will be placed. 4. Artistic Excellence: The work of art shall merit placement in a City public place. A demonstrated ability and potential of the artist to execute the proposed piece, based on previous artistic achievement and experience must be shown. 3/4 In the case of a donation of an existing work of art, the quality of the work(s) must be supported by documentation from an independent professional evaluator. 1n addition, the artwork must enhance the City's Public Art Collection. 5. Physical Durability: Consideration of the artwork's long-term durability against theft, vandalism, and weather must be addressed. 6. Public Safety: All proposals must address public safety concerns. 7. Costs: All costs of the proposed artwork, including production, acquisition, siting, installation, and maintenance must be provided by the sponsor and be detailed in the proposal, with the exception that City funds for the artwork maybe considered if it represents community or heritage significance. 8. Legal: Consideration will be given to the proposed terms of donation, legal title, copyright authenticity, artist right to reproduce, liability and other issues as appropriate. 4/4 RESOLUTION RESOLUTION NO. / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE INVESTMENT OF PUBLIC FUNDS IN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL ("TEXPOOL"); DELEGATING AUTHORITY TO INVEST FUNDS AND ACT AS CUSTODIAN OF INVESTMENTS PURCHASED WITH LOCAL INVESTMENT FUNDS TO TEXPOOL; PROVIDING FOR THE INVESTMENT OF PUBLIC FUNDS CONSISTENT WITH THE PUBLIC FUNDS INVESTMENT ACT AND THE CITY'S INVESTMENT POLICY; DESIGNATING AUTHORIZED REPRESENTATNES; AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATION AGREEMENT; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the City of Denton ("Participant") is a local government or state agency of the State of Texas and is empowered to delegate to the public funds investment pools the authority to invest funds and to act as custodian of investments purchased with local investment funds: and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; WHEREAS, the Texas Local Govermnent Investment Pools ("TexPool"), public funds investment pools, were created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Participant shall enter into a Participation Agreement to establish an account in its name in TexPool for the purpose of transmitting local funds for investment in TexPool SECTION 2. The individuals whose signatures appear in this resolution are authorized representatives of the Pazticipant and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. List the authorized representatives of the Participant. These individuals will be issued Personal Identification Numbers (PINS) to transact business via the phone with a Participant Services Representative. 1. Name: Ton Fortune Phone/Fax/Em. Signature: Title: Assistant City Mana e~ 2. Name: Phone/Fax/Email: Signature: 3. Name: Anti Phone/Fax/Email: Signature: 4. Name: Phor Title: Director of Finance Title: Revenue &Treasurv Analyst List the name of the Authorized Representative provided above who will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Randee KlinQele In addition and at the option of the Participant, one additional authorized representative can be designated to perform inquiry only of selected information. This limited representative cannot make deposits or withdrawals. If the Participant desires to designate a representative with inquiry rights only, complete the following information 5. Name: ~ ~ ~ Title: Phone/Fax/Email: SECTION 3. That this resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool receives a copy of any such amendment or revocation. SECTION 4. This resolution shall become effective immediately upon its passage and approval. r PASSED AND APPROVED this the ~ day of , 2007. r PERR .MINE L, MAYOR Page 2 Randee K1inQele Title: Treasurv Services Specialist ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: W APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: s:bur documcn¢4czalutiozeWJ4evpoo~ dx Page 3 ~~~ e ['T~a An luvc8tn'~enl Scr„[ce Ybt PuhltC YLntls Texas Local Government Investment Pool TexPool Participation Agreement PREAMBLE This participation agreement (the "Agreement") is made and entered into by and between [he Comptroller of Public Accounts (the "Comptroller"), acting through the Texas Treasury Safekeeping Tmst Company (the "Trust Com any"), Trustee of the Texas Local Govemment Investment Pool (TexPool), and the Cdy of Denton, Texas (the "Participant'). WHEREAS, the Interlocal Cooperation Act, TEX GOVT CODE ANN, ch. 791 and the Public Funds Investment Act, TEX. GOVT CODE ANN. ch. 2256 (the "Acts") provides for the creation of a public funds investment pool to which any local govemment or state agency may delegate, by contract, the authority to hold legal title as custodian and to make investments purchased with local funds; WHEREAS, the Tmst Company is a special purpose trust company authorized pursuant to TEX. GOVT CODE ANN. § 404.103 to receive, transfer and disburse money and securities belonging to state agencies and local political subdivisions of the state and for which the Comptroller is the sole officer, director and shareholder; WHEREAS, TexPool is a public funds investment pool, which funds are invested in certain eligible investments as more fully described hereafrer; WHEREAS, the Participant has determined that it is authorized to invest in a public funds investment pool created under the Acts and to enter into this Agreement; WHEREAS, the Participant acknowledges that the Tmst Company is not responsible for independently verifying the Participant's authority to invest under the Acts or to enter this Agreement; WHEREAS, the Participant acknowledges that the performance of TexPool is not guaranteed by the State of Texas, the Comptroller, or the Tmst Company; and WHEREAS, in an effort [o ensure the continued availability of an investment pool as a vehicle for investment of local government funds and simultaneously provide for enhancement in services and potential decreases in management and administrative fees, Participant and Trust Company desire to provide in this Agreement that the Trust Company may obtain private professional investment management and related services. NOW THEREFORE, for and in consideration of the mutual pomises, covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows: ORIGINALS REQUIRED Page 1 TEX -ENROLL ARTICLE I. DEFINITIONS "Account" shall mean any account or accounts, established by the Participant in TexPool in accordance with this Agreement and the Operating Procedures (as defined herein), which Account represents an undivided beneficial ownership in TexPool. "Authorized Investments" shall mean Urose investments which are authorized by the Investment Act (as herein defined) for investment of public funds. "Authorized Representative(s) of the Participant" shall mean any individual who is authorized to execute documents and take such other necessary actions under this Agreement as evidenced by the duly enacted Resolution of the Participant. "Authorized Representative(s) of the Trust Company" shall mean any employee of the Comptroller or Tmst Company who is designated in writing by the Comptroller or the Trust Company's Chief Executive Officer to act as the authorized Trust Company representative for purposes of this Agreetent and shall include employees of any private entity perfomting the obliga[ioivs of the Comptroller under this Agreement. "Board" shall mean the advisory board prodded for in the Investment Act (as defined below). "Investment Act" shall mean the Public Funds Investnent Act, TEX. GOVT CODE ANN. ch. 2256, as amended from time to time. "Investment Policy" shall mean the written TexPool Investment Policy, as amended from time to time, relating to the investment and management of funds in TexPool as established by the Trust Company consistent with the Investment Act. "Letter of Instruction" shall mean a written authorization and direction to [he Trust Company signed by an Authorized Representative of the Participant. "Operating Procedures" shall mean the written procedures established by the Trust Company describing Uie management and operation of TexPool, and providing for the establislunent of, deposits to and withdrawals from the Accounts, as amended from time to time. "Participant" shall mean any entity authorized by the Acts to participate in a public funds investment pool that has executed this Agreement pursuant to a Resolution. "Resolution" shall mean [he resolution adopted by the governing body of a local governmental entity authorizing the entity's participation in TexPool and designating persons to serve as Authorized Representatives of the Participant. ORIGINALS REQUIRED Page 2 TEX -ENROLL ARTICLE II. GENERAL ADNIINISTRATION Section 2.01. TexPool Defined. (a) TexPool is a public funds investment pool created pursuant to the Acts (b) Subject to Section 6.10, the Tmst Company agrees to manage the Participant's Account in accordance with the Investment Act and the Investment Policy. Section 2.02. Board. (a) The Board is composed of members appointed pursuant to the requirements of the Investment Act. (b) The Board shall advise the Trust Company on the Investment Policy and on various other matters affecting TexPool, and shall approve fee increases. Section 2.03. General Administration (a) The Tmst Company shall establish and maintain the Investment Policy specifically identifying the Authorized Investments consistent with the Investment Act and the general policy and investment goals for TexPool. (b) The Trust Company shall establish and maintain the Operating Procedures, describing the management and operation of TexPool and providing for procedures to be followed for the establishment of, deposits to, and withdrawals from the Accounts and such other matters as are necessary to carry out the intent of this Agreement. (c) The Trust Company shall have the power to take any action necessary to carry out the purposes of this Agreement, subject to applicable law and the terms of this Agreement. Section 2.04. Ownership Interest. Each Participant shall own an undivided beneficial interest in the assets of TexPool in an amount proportional to the total amount of such Participant's Accounts relative to the total amount of all Participants' Accowrts in TexPool, computed on a daily basis. Section 2.05. Independent Audit. TexPool is subject to annual review by an independent auditor consistent with Ch. 2256, TEX GOVT CODE ANN. In addition, reviews of TexPool may be conducted by the State Auditor's Office and the Comptroller's office. The Trust Company may obtain such legal, accounting, fmancial or other professional services as it deems necessary or appropriate to assist TexPool in meeting its goals and objectives. Section 2.06. Liability. Any liability of the Comptroller, the Comptroller's office, the Tmst Company, representatives or agents of the Tmst Company, any Comptroller employee, Trust Company or any member of the Boazd for any loss, damage or claim, including losses from investments and transfers, to the Participant shall be limited to the full extent allowed by applicable laws. The Tmst Company's responsibilities hereunder are limited to the management and investment of TexPool and the providing of reports and information herein required. ORIGINALS REQUIRED Page 3 TEX -ENROLL ARTICLE III. PARTICIPATION REQUIREMENTS Section 3.01. The Participation Agreement. The Participant must execute this Agreement and provide a Resolution authorizing participation in TexPool azid designating persons to serve as Authorized Representatives of the Participant and any other documents as are required under, and substantially in the form prescribed by, the Operating Procedures before depositing any funds into TexPool. Section 3.02. Operating Procedures (a) The Participant acknowledges receipt of a copy of the Operating Procedures. The Operating Procedures describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from TexPool, and related infonna[ion. (b) The Operating Procedures may be modified by the Trust Company as appropriate to remain consistent with established banking practices and capabilities and when such modification is deemed necessary to improve the operation of TexPool. (c) The Participant hereby concurs with and agrees to abide by the Operating Procedures. ARTICLE IV. INVESTMENTS Section 4.01. Investments. All monies held in TexPool shall be invested and reinvested by the Tmst Company or Authorized Representatives of the Tmst Company only in Authorized Investments m accordance with the Agreement, [he Investment Policy and the Investment Act. Participant hereby concurs with any such investment so made by the Trust Company. TexPool's available finds that are uninvested may be held at the Trust Company's account at the Federal Reserve Bank of Dallas, or any designated custodian account, or with a custodian selected by the Tmst Company. All investment assets and collateral will be in the possession of the Trnst Company and held in its book- entry safekeeping account at the Federal Reserve Bank, any designated custodian account, or with a custodian selected by the Tmst Company. Section 4.02. Failed Investment Transaction. In the extraordinary event [hat a purchase of securities results in a failed settlement, any resulting uninvested funds shall remain in the Tmst Company's Federal Bank of Dallas account, any designated custodian account or with a custodian selected by the Trust Company. If an alternative investment can be secured after the failure of the trade to settle, TexPool will receive all the income earnings, including but not limited to, any compensation from the purchaser failing in the trade and the interest income from the alternative investment. Section 4.03. Investment Earnings and Losses Allocation. All interest earnings in TexPool will be valued daily and credited to the Participant's Accounts monthly, on a pro rata allocation basis. All losses, if any, resulting from the investment of monies in TexPool shall also be allocated on a pro rata allocation basis. All earnings and losses will be allocated to the Participant's Accounts in accordance wi0i generally accepted accounting procedures. Section 4.04. Commingling of Accounts. Participant agrees that monies deposited in TexPool may be commingled with aIl other monies held in TexPool for purposes of common investment and operational efficiency. However, each Participant will have separate Accounts on the books uid records of TexPool, as further provided for in the Operating Procedures. ORIGINALS REQUIRED Page 4 TEX-ENROLL ARTICLE V. FEES, EXPENSES AND REPORTS Section 5.01. Fees and Expenses. The Participant agrees to pay the amount set forth in the fee schedule. Participant agrees that all fees shall be directly and automatically assessed and charged against the Participant's Accounts. The basic service fee shall be calculated as a reduction in the daily income earned, thus only the net income shall be credited to the Participant's Account. Fees for special services shall be charged to each Participant's account as they are incurred or performed. A schedule of fees shall be provided to the Participant amorally. Each Participant will be notified thirty (30) days prior [o the effective date of any change in the fee schedule. Section 5.02. Reports. A monthly statement will be mailed to the Participant within the first five (5) business days of the succeeding month. The monthly statement shall include a detailed listing of the balance in the Participant's Accounts as of the date of the statement; all account activity, including deposits and withdrawals; the daily and monthly yield infonna[ion; and any special fees and expenses charged. Additionally, copies of the Participant's reports in physical or computer form will be maintained for a minimum of three prior fiscal years. All records shall be available for inspection at al] reasonable hours of the business day and under reasonable conditions. Section 5.03. Confidentiality. The Trust Company and uty private entity acting on behalf of the Trust Company for purposes of this Agreement will maintain the confidentiality of the Participant's Accounts, subject to the Public Information Act, TEX GOVT CODE ANN. ch. 552, as amended. ARTICLE VI. MISCELLANEOUS Section 6.01. Notices. Any notices, Letters of Instructions or other information required or permitted to be given hereunder shall be submitted in writing and shall be deemed duly given when deposited in the U.S. mail postage prepaid or successfully transmitted via facsimile addressed to the parties as follows: To the Participmit: Participant Name City of Denton Address 215 East McKinney City, State, Zip Denton, Texas 76201 Telephone (940)349-8531 Fax (940)349-7206 To Trust Compmry with respect to contractual matters or disputes under this Agreement: Texas Treasury Safekeeping Trust Company Attn: TexPool Rusk State Office Building 208 East 10`" Street Austin, TX 78701 Telephone: (512)463-3716 FAX No.: (512) 463-0823 ORIGINALS REQUIRED Page 5 TEX -ENROLL To TexPoa[ with respect to operational matters, including enrollment documents; changes to Authorized Representatives; Bank Information Sheets; initiation of deposits or withdrawals of funds; changes to addresses; audit confirmation requests; and account inquiry: TexPool Participant Services C/O Lehman Brothers Attn: Participant Services 600 Travis St., Suite 7200 Houston, TX 77002 Telephone: 1-866-839-7665 (1-866-TEX-POOL) FAXNo.: 1-866-839-3291 (1-866-TEX-FAXI) The Participant and the Tmst Company agree to notify the other of any change affecting this infomration and agree that unless and until so notified, the other party shall be entitled to rely on the last information provided Section 6.02. Taxpayer Identification Number. The ParticipanPs taxpayer identification number assigned by the Internal Revenue Service is: 75-6000514 .The Participant hereby agrees to notify the Trust Company of any change affecting this Taxpayer Identification number and agrees that unless and until so notifies, the Trust Company shall be entitled to rely on same in providing any and all reports or other information necessary or required by the Federal tax laws as amended from time to time. Section 6.03. Severability. If any provision of this Agreement shall be held or deemed to be in fact illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever. Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.05. Applicable Law. This Agreement shall be governed by and constmed in accordance with the laws of the State of Texas. Venue for any dispute under this Agreement shall be in Travis County, Texas. Section 6.06. Captions. The captions or headings in [his Agreement aze for convenience only and in no way defined, limit or describe the scope or intent of any provisions, articles or sections of this Agreement. Section 6.07. Amendments. (a) The Tmst Company shall advise the Participant in writing of any amendments to Uus Agreement no less than 45 days prior to the effective date of such amendmene The Participant may ratify the proposed amendment of this Agreement by letter to the Tmst Company. If the Participant elects not to ratify the amendment, the Participant may terminate this Agreement in accordance with Section 6.08. In the event [he Participant fails to respond in writing to a notice of amendment prior to the effective date of such amendment, Uus Agreement shall be deemed amended. (b) The Trust Company may periodically revise the Operating Procedures from time to time as i[ deems necessary for the efficient operation of TexPool. The Participant will be bound by any amendment to the Operating Procedures with respect to any transaction occurring subsequent to the time such amendment takes effect, provided, however, that no such amendment shall affect the Participant's right to cease to be a Participant. Section 6.08. Termination. This Agreement may be terminated by either party hereto, with or without cause, by tendering 30 days prior written notice in the manner set forth in Section 6.01 hereof. Section 6.09. Term. Unless terminated in accordance with Section 6.08, [his Agreement shall be automatically renewed on each anniversary date hereof. ORIGINALS REQUIRED Page 6 TEX -ENROLL Section 6.10. Assignment. The Tmst Company may enter into an agreement with a third party investment manager to perform its obligations and service under this Agreement, provided that such third party investment manager shall manage TexPool according to the Investment Act, Investment Policy and in a manner consistent with that directed by the Tmst Company. The Trust Company also shall have the right to assign its rights and obligations under the Agreement to a third party investment manager if the Trust Company detemunes that such assignment is in the best interest of the State and Participants. hi the event a successor pool to TexPool is deemed by the Trust Company to be hi the best interest of the State and the Participant, the Trust Company may take any action it deems necessary to assign its rights and benefits under any third party agreements and transfer the assets from TexPool to any successor pool. In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the dates set forth below, and the Agreement shall be effective as of the latest such date. PARTICIPANT Signatwe ~~~ ~~~ Printed Name Perry R. McNeill TEXAS TREASURY SAFEKEEPING TRUST COMPANY Comptroller of Public Accounts Signature Printed Name Title Mayor Title Date ~~~~~// ~~DD / Date CERTIFICATE OF INCUMBENCY The preceding signatory is a duly appointed, acting, and qualified officer of the Participant, who, in Oie capacity set forth above is authorized to execute this Agreement. IN WITNESS WHEREOF, I have duly executed this certificate as of th~day of 20Cn . /~ PrintedN~rre JennfferWalters OFFICIAL SEAL Title City Secretary ORIGINALS REQUIRED Page 7 APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS BY: TEX-ENROLL RESOLUTION S:\Our Documents\Resolutions\07\DCAD Casing Votes.doc RESOLUTION NO. o~ ~7 ~~i~ A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DII2ECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby casts ~ votes for Rick Woolfolk and ~,~ 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 ~ day of ~{~Q'('/(/ 2007. . ~, ~' 1,~,'~ P RRY R. cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: c.M APPROVED AS TO LEGAL F EDWIN M. SNYDER. CITY A BY: RESOLUTION S:\Our Documents\Resolutions\07\Appraisal Review Board 2007.doc RESOLUTION NO. BOO - D3~ 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, 2007; 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. The City of Denton, Texas, hereby nominates V r//'lf'C ~LC - , Li~~lin , ~Ckl~.h fP~, and - as members to the Appraisal Review Board of the enton Central Appraisal District. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2007. Y . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _, APPRO ED AS LEGAL FO~RM~~: " EDWIN M. SNYDER, CITY AT1,r}x1vEY BY: RESOLUTION s:\our documents\resol W ions\07\msd resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE ACCEPTANCE OF DEED RESTRICTIONS PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM BENEATH THE PROPERTY, CONTAINING APPROXIMATELY 8.2424 ACRES LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 35 AND US HIGHWAY 380, DENTON, TEXAS AS DESCRIBED IN EXHIBIT "A", TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION ("MSD") OF SAID PROPERTY BY THE TEXAS COMMISSION OF ENVIRONMENTAL QUALITY ("TCEQ"), PURSUANT TO THE TEXAS SOLID WASTE DISPOSAL ACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act (the "MSD legislation") authorizes the Texas Commission on Environmental Quality ("TCEQ") to certify Municipal Setting Designations for properties upon receipt and approval of a proper application to the TCEQ; and WHEREAS, the Texas legislature, in enacting the MSD legislation, found that an action by a municipality to restrict access to or the use of groundwater in support of or to facilitate a municipal setting designation advances a substantial and legitimate State interest; and WHEREAS, as a part of the application process for a municipal setting designation, an applicant is required to provide documentation that the property for which designation is sought is subject to a resolution that prohibits the use of designated groundwater from beneath the property as potable water and that appropriately restricts other uses of and contact with that groundwater; and WHEREAS, due to limited quantity and low quality, there are areas of shallow groundwater within the City and its extraterritorial jurisdiction that aze not valuable as potable water sources and therefore are not utilized for potable water; and WHEREAS, some commercial and industrial properties within Denton and its extraterritorial jurisdiction are underlain with unusable groundwater that has become contaminated by historical on-site or off-site sources; and WHEREAS, the potable use of groundwater in designated azeas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to public health; and WHEREAS, the use of a Municipal Setting Designation allows for aState-evaluated corrective action process for groundwater that is directed towards the protection of human health and the environment; and WHEREAS, Standridge Companies (hereinafter "Applicant") intends to submit an application to the TCEQ for certification of a Municipal Setting Designation for the property located at the southwest corner of Interstate 35 and U.S. Highway 380, the legal description of which is set forth in Exhibit "A", attached hereto and made a part hereof (the "MSD Property"), said property being located within the city limits of the City of Denton; and WHEREAS, the Applicant has certified to the City of Denton that: 1. the purpose of the application is to assist the Applicant in obtaining from the TCEQ the documents demonstrating the TCEQ's determination, after completion of any remedial requirements and appropriate review by the TCEQ, that no further environmental cleanup or restoration is required by the TCEQ with respect to the MSD property ("TCEQ closure documentation"); and 2. as a part of the application, the Applicant has or will submit to the TCEQ a statement regarding the type of known contamination in the groundwater beneath the MSD property and has identified that shallow groundwater (less than 50 feet below ground surface) contains chemicals of concern above Tier 1 groundwater ingestion protective concentration levels, as set forth in 30 Texas Administrative Code, Chapter 350 (the "Texas Risk Reduction Program"); and WHEREAS, the Applicant has continuing obligations to satisfy Section 361.808 of the MSD legislation and applicable TCEQ regulations concerning groundwater contamination investigations and response actions; and WHEREAS, the Applicant desires to secure a Municipal Setting Designation for the MSD property, as well as TCEQ closure documentation, and has requested the City of Denton to facilitate said objectives through passage of this resolution, pertaining to deed restrictions prohibiting the use of designated groundwater from beneath the MSD Property; and WHEREAS, the City Council of the City of Denton is of the opinion that it is in the best interest of the public and the City to facilitate the Applicants efforts to secure a Municipal Setting Designation and TCEQ closure documentation from the TCEQ by passage of this Resolution; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council finds that the findings, statements, and policy determinations set forth in the preamble of this Resolution are true and correct and are incorporated herein. SECTION 2. The City Council finds that it is in the best interests of public health, safety and welfare to facilitate and support the TCEQ's certification of a municipal setting designation for the MSD Property, as well as the TCEQ closure documentation. SECTION 3. To facilitate the TCEQ's certification of a municipal setting designation for the MSD Property and the issuance of closure documentation by the TCEQ, the Applicant shall execute, deliver and file, no later than fifteen (15) days from the date of the TCEQ's certification, in the official records of Denton County, Texas, a deed restriction approved as to Page 2 form by the City Attorney prohibiting the drilling of wells and the use of designated groundwater for any purpose, including but not limited to any potable purpose, and excepting only: (i) wells used as monitoring wells for the collection of groundwater samples for chemical or biological laboratory analyses; and (ii) wells used for the purposes of remediation of soil or groundwater contamination. SECTION 4. A file stamped copy of said deed restriction shall be delivered to the City Attorney's office and the Director of Planning's office of the City of Denton within three business days after the date of filing. The deed restriction shall be enforceable by the City of Denton and may be amended or terminated only with the prior written consent of the City of Denton after at least 30 days prior written notice to the TCEQ of any pending amendment or termination. SECTION 5. Failure to execute, record, and deliver the deed restriction in accordance with this resolution within the time limits set forth herein shall render this resolution null and void, and of no further force or effect. SECTION 6. The applicant shall submit, upon receipt of the municipal setting designation certification from the TCEQ for the MSD property, a true and correct copy of the deed restriction to the Manager of the Division of Environmental Quality. The Applicant shall also submit, upon receipt of TCEQ closure documentation from the TCEQ for the MSD Property, a true and correct copy of such documentation to the Manager of the Division of Environmental Quality and the City Secretary's office. SECTION 7. Failure of the Applicant to diligently pursue and obtain from the TCEQ: (i) a municipal setting designation certificate for the MSD property; and (ii) TCEQ closure documentation for the MSD Property, shall render this Resolution voidable by the City Council following 30 day's written notice to the TCEQ and the Applicant. SECTION 8. This Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the ~ day of %//~/,~~f'/~jf ~ , 2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AS EDWIN M. Sh'-ILPSER, CIT7~/ATTORNEY BY: YOR Page 3 Exhibit A Traet i DESCRIPTION OF PROPERTY SURVEYED SITUATED in the City of Denton, Denton County, Texas, and being a fract of land in the B.B.B. & C. R.R. COMPANY SURVEY, Absfract No. 192, and being a portion of that certain tract described.ih deeds to Rayzor Investments, Ltd. recorded in Volume 5340, Page 2278 (43.02%i, andVolume 5340, Page 2283 (56.98%(, of the Denton County Deed Records, and~said portion described more fully as follows: BEGINNING at the northeast comer of Lot 1, Block 3, Commerce Center, as shown on plat thereof recorded in Cabinet E, Slide 152, of the Denton County Plat Records, in a westerly Ilse of Interstate Highway 35 (vgriable width right-of-way at this point), and from which point a 5/8" iron rod found in place bears South 72 degrees West, 4.60 feet; THENCE South 68 degrees, OOminutes, OS seconds West with the northerly line of said Commerce Center, at 400:26 feet passing a'/~" iron rod found in place for the northwest comer of said Commerce Center and continuing across said Rayzor Investments fract, in all 587.60 feet to a point the easterlyline of the Kansas City Southern Railway(formerGulf, Colorado, and Santa Fe Railroad(tight-of-way (150 feet w(de at this point) for the westerly line of said Rayzor Investments fract, from which point a'/s" iron rod found in place bears South 38 degrees West, 2.17 feet; THENCE North 22 degrees, Ol minute, 20 seconds West with said easterly line of railway rightof-way. for the westerly lines of said Rayzor Investments fracts, 829.07 feet fo a point in the southerly line of a certain portion of said Rayzor Investment fract currently pending conveyance to the State of Texas for widening U. S. Highway 380, for corner, from which point a "Texas Department of Transportation" capped 5/8" iron rod bears South 65 degrees West, 0.48 foot; THENCE easterly with said southerly line of State of Texas pending tract, crossing said Rayzor Investments tract, the following courses and distances: North 64 degrees, 58 minutes, 35 seconds East, 88.28 feet to a "Texas Department of Transportation" capped 5/8" iron rod found in place; South 88 degrees, 04 minutes, 15 seconds Easi. 142.63 feet to a 5/8" iron rod found in place; South 71 degrees, 41 minutes. 15 seconds East, 163.31 feet to a "Texas Department of Transportation" capped 5/8" iron rod found in place; and, South 45 degrees, 25 minutes, 20 seconds East, 304.95 feet to a "Texas Department of Transportatioh" capped 5/8" iron rod found in place in the westerly line of Interstate Highway 35 and the easterly line of sold Rayzor Investments tract for the southeasterly comer of said pending State of Texas fract; THENCE South 41 degrees, 30 minutes, 40 seconds East with said westerly line of Interstate Highway 35 and easterly line of Rayzor Investments tract, 361.15 feet to an angle point in said westerly and easterly lines, at a point depicted in Texas Department of Transportation maps as being 200 feet from I-35 centerline station 718+00, from which point a Texas Department of Transportation cap found in a wood guard post. bears North 24 degrees East, 0.20 foot; ' THENCE South 25 degrees, 28 minutes, 45 seconds East, continuing with sa(d westerly line of Interstate Highway 35 and easterly line of Rayzor Investments pact, 50.09 feet to the PLACE OF BEGINNING, and cohtaining$.2424 acres (359,040 square feeTJ. This description prepared to accompany a survey map of the described orooertv. The base bearing for this description is Texas Department of TransoortaUon's fTxDOTI bearing for the next course souiherN alone I-35 6om the southeasterly turner of the described properly of South 16 degrees Ol minute East RESOLUTION ` ' ' ~ S:\Our Documen[s\ResoWtions\07\CoTaxSale-1330 Morse.doc RESOLUTION NO. O~~IJO`~~ A RESOLUTION AUTHORIZING THE CITY OF DENTON, AS TRUSTEE, TO SELL CERTAIN REAL PROPERTY LOCATED AT 1330 MORSE STREET; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER AS PROVIDED BY LAW; AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT WARRANTY AND ANY OTHER DOCUMENTS. NECESSARY OR APPROPRIATE TO CONVEY CERTAIN REAL PROPERTY SOLD BY THE CITY OF DENTON, AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cause No. 2002-1137-158, was filed by the County of Denton, the City of Denton, the Denton Independent School District and the Denton County Education District, in the 158th Judicial District Court in and for Denton County, Texas, in order to collect delinquent taxes owing upon the following described real property, to wit: BEING 1.640 acres, situated in the Wm. Teague Survey, Abstract 1266A, Tract 14, Old DCAD Tract 4B, Account No. R34864, an Addition to the City of Denton, Denton County, Texas; also being that same property more particularly described in Volume 2508, Page 705 of the Deed Records, Denton County, Texas; and WHEREAS, the 158th ,ludicial District Court in and for Denton County, Texas, granted Judgment in favor of the taxing jurisdictions of Denton County on July 7, 2003 as follows: County of Denton $ 3,948.23 City of Denton $ 1,885.75 Denton Independent School District $ 31,837.04 Denton County Education District $ 3,513.26 Total Due $ 41,184.28 WHEREAS, the above-described real property was offered for sale on July 7, 2003, by the Sheriff of Denton County, Texas, at a public auction pursuant to Judgment of the 158th Judicial District Court in and for Denton County, Texas, for foreclosure of the tax liens securing payment of the delinquent property taxes, as well as accrued penalty and interest owing thereon; and WHEREAS, at said sale, the Sheriff of Denton County, Texas did not receive a sufficient bid respecting the above-described real property, as set by law, and the above-described real property was therefore struck off to the City of Denton, Texas, Trustee, in trust and for itself, the Denton Independent School District and Denton County, pursuant to Section 34.01(c) of the Texas Property Tax Code; and ' t n S:\Our Documenis\ResoWtions\07\CoTaxsale-1330 Morse.doc WHEREAS, all taxing units involved as judgment creditors in the foregoing Judgment desire to resell the above-described real property in an expeditious manner, pursuant to Section 34.05 of the Texas Property Tax Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas does hereby authorize the City of Denton as Trustee, for the benefit of itself, and the other taxing jurisdictions in Denton County including the City of Denton, Texas, to sell the above-described real property; and hereby consents to the sale of the above-described real property to the highest bidder, even if the highest bid tendered to the City of Denton as Trustee, is less than the market value of the above- described real property as set forth in the above-described Judgment of foreclosure or the total amount of the Judgment against the above-described real property. SECTION 2. The Mayor of the City of Denton, Texas is hereby authorized to execute a deed without warranty and any other documents necessary to convey the above-described real property sold by the City of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ~~U`~l/(/ , 2007 ~ ~C~~""- PERR R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: e~/y. K.fitn~ ~, L2,llllili APPROVED AS TO LEGAL FORM: EDWIN M. SNYDI~R. CITY ATTORNEY BY: Page 2 of 2 RESOLUTION s:\our documentstresolu[ions\07\resolution txdot southeast [axiway.doc RESOLUTION NO. ~G~ 'D`7"~ A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, intends to make certain improvements to the Denton Municipal Airport; and WHEREAS, the general description of the project is described as engineering and construction for taxiway reconstruction and widening, and construction of a new taxiway to provide access to the runway from the southeast quadrant at the Denton Municipal Airport (the `R~oject~; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation (TxDOT) for the Project; and WHEREAS, the City of Denton will be responsible for 10% of the total Project cost, currently estimated to be $15,000 for the engineering in Fiscal Year 2008 and $148,000 for construction in Fiscal Year 2009; and WHEREAS, the City of Denton names the Texas Department of Transportation (TxDOT) as its agent for purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of this Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1. The City Council of Denton, Texas, hereby directs the City Manager, or his designee, to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the Project and related improvements at the Denton Municipal Airport. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2007. • ~' Z, PE R. McNEILL, MAYOR s:\our documents\resolutions\07\resolution [xdo[ somheas[ taxiway.doc ATTEST: JEN(N~IF_ER WALTERS, (CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: PAGE 2 RESOLUTION FILE REFERENCE FORM R2007-043 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:\Our Documents\Resolutions\07\CAPR Cam I2eso.DOC RESOLUTION NO. O~ 7- A RESOLUTION RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY COUN- CIL OF THE CITY OF DENTON FOR COUNCIL APPOINTEE PERFORMANCE RE- VIEWS; APPOINTING THE MEMBERS OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 20, 2004, the Denton City Council heretofore established a com- mittee (the "Committee") by Resolution No. R2004-020 to recommend performance review standards to the City Council for City Council appointees, being the City Manager, City Attor- ney, and Municipal Court Judge; and WHEREAS, on November 7, 2006, the City Charter was amended to add the City Audi- tor to the list of Council appointees; and WHEREAS, the City Council finds that it is in the public interest to re-establish the 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 re-establishes a standing committee to be called the Council Appointee Performance Review Committee (the "Committee"). The Committee shall consist of three City Council Members with the Director of Human Resources (the "Direc- tor") as an ex officio member. The members of the Committee shall be Councilmember Bob Montgomery, Councilmember Jack Thomson, Deputy Mayor Pro Tem Joe Mulroy and ex officio member, Carla Romine, Director of Human Resources. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the City Council and be- come qualified. The person holding the position of Director will automatically succeed as the ex officio member of the Committee. SECTION 3. The steps for the reviewing process are substantially in the form of Exhibit "A" which is attached hereto. SECTION 4. The duties of the Committee include the ongoing (1) performance review of City Council appointees and (2) appointees' job descriptions, in order to make recommenda- tions to the City Council to assist the Council in evaluating the job performance of the Council Appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. s:\nur documen[s\resolmions\07\cnpr com roso.Aoc PASSED AND APPROVED this the ~~~ day of ~(/ , 2007. ~ l f~' PE McNEILL, MAYOR ATTEST: .1ENNIFER WALTERS, CITY SECRETARY BY: ' APPROVED AS TO LEGAL FORM: EDV~ BY: Page 2 s:\our documents\misccllancous\07\2007 capr com review timelines.doe EXHIBIT "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 (January 1 - December 31) , 2. Committee reviews the goals and makes recommendations for February changes; meets with ap ointeeto 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 meetin ) 5. Committee may meet with appointees for amid-year review September of goals; changes maybe made to the goals based on feedback from the Council, Committee, or a ointees 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 fora pointees 9. Appointees meet with the full Council to review and discuss February/March the past year's accomplishments and receive any specific feedback.