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HomeMy WebLinkAboutApril 02, 2012 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 2, 2012 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Monday, April 2, 2012 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen’s opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1.Receive a report and hold a discussion regarding the Texas Department of Transportation Comprehensive Development Agreement process for the Interstate 35 East Managed Lane Project and the SB 1420 Committee. 2. Receive a report, hold a discussion, and give staff direction regarding the development of a Local Preference Purchasing Policy. Following the completion of the Work Session, the City Council will convene in a Closed Session at which the following items will be considered: A. Consultation with Attorney – Under Texas Government Code, Section 551.071. 1.Consultation, discussion, deliberation, and receipt of legal information and legal advice from the City’s attorneys regarding a Local Preference Purchasing Policy, where the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. B.Consultation with Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087. 1.Receive a report and hold a discussion regarding legal issues on matters regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard where such discussion presents a conflict between the duty of the City’s attorneys to the governmental City of Denton City Council Agenda April 2, 2012 Page 2 body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a City facility on University of North Texas property located at I- 35 and North Texas Boulevard, including financial information related to such activities from a business prospect. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2012 DEPARTMENT: Transportation Operations ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report and hold a discussion regarding the Texas Department of Transportation Comprehensive Development Agreement process for Interstate 35 East Managed Lane Project and the SB 1420 Committee. BACKGROUND On December 6, 2011, staff provided Council an overview of the IH35E Managed Lane Project and the Texas Department of Transportation (TxDOT) in project development. As outlined in the nd December 6 brief, Senate Bill 1420 was passed as part of the 82 Texas Legislature to authorize TxDOT to enter into a Comprehensive Development Agreement (CDA) for all or part of the IH35E Managed Lane Project in Dallas and Denton counties from IH635 to US 380. CDA authority is intended to provide TxDOT the opportunity to enter into an agreement with a private entity that will provide the design, development, financing, construction, maintenance, repair, operation, extension or expansion of the IH35E transportation project. The proposed IH35E Project is intended to replace the existing outdated and deteriorating infrastructure with a new robust facility adding capacity and enhancing mobility in the North Central Texas Region. Since November 10, 2011, TxDOT has been working with the SB 1420 Committee to receive regional direction and identify development options for the IH35E Project. Pursuant to the enabling legislation and TxDOT policy, the SB 1420 Committee is charged with analyzing finance options and delivery methods for the IH35E Project to include the possible use of a design-build contract, toll concession agreement (similar to SH 121) or availability payment contract. The Texas Transportation Commission has requested that the SB 1420 Committee issue a report containing the Committs concerning the distri financial risk, the method of financing or the project delivery method, and provide for a tolling structure and methodology. On January 24, 2012, TxDOT published a request seeking Qualification Submittals (QS) from teams interested in entering into a design-build contract and/or a toll concession in response to a Request for Qualifications (RFQ) on the I-35E Managed Lanes Project from I-635 to U.S. 380. TxDOT announced on March 26, 2012, that nine firms/teams responded to the request. Five teams indicated an interest in a design-build contract and the remaining four teams expressed interest in a concession. On March 26, 2012, the SB 1420 Committee considered a baseline project, which includes additional general purpose lanes from IH635 in Dallas County to US 380 in Denton County. The baseline project, as depicted in the attached Exhibit 1, also includes the addition of one managed lane in each direction from IH635 to Loop 288 in Denton. Segments 13- Agenda Information Sheet April 2, 2012 Page 2 of 2 Baseline Project provide a graphic demonstration of improvements in or adjacent to the Denton City Limit along the 35E corridor. o cost $1.5 billion utilizing the design-build method as desired by the SB 1420 Committee. Michael Morris, Director of Transportation, North Central Texas Council of Governments (NCTCOG) and Chair of the SB 1420 Committee has identified a total of $1.1 billion in regional public funding to apply toward the project. It is percent (10%) or $150 million to the value of the project bringing the total available funds for the initial phase to $1.25 billion. The SB 1420 Committee considered, as an option, to value engineer the project and reduce the estimated project costs by another $250 million to meet available funding levels but agreed not to reduce project scope at this point and wait until the Request for Proposal (RFP) process is completed. Should the competitive process result in a project that does not cover the entire scope of the initial phase, and additional public funding is not identified, specific project components will be identified and removed from the project to meet the available budget. John Polster, ITS and member of the SB 1420 Committee will present this item to Council and will be available for questions. Mayor Pro-Tem Pete Kamp, who is also a member of the SB 1420 Committee, will be available as well to clarify any questions regarding the status of the IH35E Managed Lane Project. SCHEDULE TxDOT outlined the following proposed schedule at the March 26, 2012 meeting: April Shortlist of developers May Draft Request for Proposal (RFP) June Industry review of draft RFP July Final RFP Oct Proposals due Nov Texas Transportation Commission award contract EXHIBITS Exhibit 1: March 26, 2012, SB 1420 Committee Meeting Agenda Materials Exhibit 2: Signed SB 1420 Committee Report Exhibit 3: Estimated Project Schedule Respectfully Submitted: Mark Nelson Transportation Director EXHIBIT 1 IH 35E Managed Lanes Project SB 1420 Committee March 26, 2012, 2 p.m. City of Lewisville City Hall Council Chambers 151 West Church Street Lewisville, TX 75057 AGENDA 1. Welcome and Introductions 2. Approval of minutes of the March 9, 2012 meeting ofthe IH 35E SB 1420 - ACTION ITEM Committee (Handout 2.1) 3. SB 1420 Committee Request for Regional Transportation Council Resolution to provide Guiding Principles for the Development of the IH 35E Managed Lanes - ACTION ITEM Project (Handout 3.1 and 3.2) 4. Procurement Schedule 5. Discussion and action on the issuance of the report of determinations made by the Committee to the Executive Director of TxDOT regarding the IH 35E - ACTION ITEM Managed Lanes Project in Dallas and Denton counties (Handout5.1) - ACTION ITEM 6. Adjourn IH 35E Managed Lanes Project SB 1420 Committee IH 35E Managed Lanes SB 1420 Committee MEETING MINUTES March 9, 2012 at 9:00 am Denton City Council Chambers 215 East McKinney St. Denton, Texas 76201 IH 35E Managed Lane Project SB 1420 Committee members in attendance: John Polster  Denton County Elizabeth Mow  NTTA Bill Hale  TxDOT Alberta Blair  Dallas County Michael Morris  NCTCOG  Committee Chair Matthew Marchant  City of Carrollton Rudy Durham  City of Lewisville Pete Kamp  City of Denton Support Staff in attendance: John Hudspeth Jack Ingram John Munoz Dieter Billek Matt MacGregor A Public Notice of this meeting containing items on the proposedwith the Office of the Secretary of State on March 1, 2012 as required by Title 43, Texas Administrative Code, §27.92(f). Minutes Item 1 Welcome and Introductions Michael Morris provided a few brief opening remarks and provided a brief introduction. Mr. Morris then introduced his proposed approach of how the project can be financed. He explained that the ultimate project could be broken down into two phases: Phase 1a and Phase 1b. Phase 1a would be built using money in hand that can build the first phase of the particular p million and it includes any additional revenues that we have obtained in the last 30 days or so, which right now is approximately $1.1 billion. The Regional Transportation Council would take final action on this by June. Mr. Morris further explained that Phase 1b would be constructed ue created from the implementation of the managed lanes. The intent would be that t March 9, 2012 IH 35E Managed Lanes Project SB 1420 Committee would stay on the corridor. Mr. Morris also explained that Phas maybe a few years before it could be implemented. Ms. Kamp welcomed everyone to the City of Denton and expressed h there. Mr. Morris reviewed the agenda. Item 2 Approval of minutes from December 19, 2011 meeting of the SB 1420 Committee Minutes from the December 19, 2011 meeting were provided to the committee. There was a motion to approve the minutes and a second to the motion. The motion was passed unanimously. Item 3 Grand Parkway Discussion John Munoz presented an update to the Grand Parkway procurement in the Houston area. Mr. Munoz said the project will be delivered using a design-build approach, not a concession. Mr. Munoz also said there were five design-build teams shortlisted for the procurement and TxDOT is hoping at lea remain at the time of contract award. Mr. Munoz announced that the Commission made a decision to drop the concession delivery option about a week after the teams Mr. Munoz explained the procurement process and the Alternative pt (ATC) process where developers can provide innovative ideas for the design and provide cost savings or added benefit to the project. Mr. Morris asked if there was anything from the Grand Parkway Pr help the IH 35E 1420 Committee make a decision on the delivery method. Mr. Munoz res Item 4 RTC Resolution This item was tabled and will be on the agenda for the next meeting. Item 5 Environmental Clearance John Hudspeth reported to the Committee that all three segments of the IH 35E p environmentally cleared. Mr. Morris congratulated TxDOT on achieving this significant mil Item 6 DRAFT Baseline Option and Revenue Mr. Hudspeth presented a conceptual baseline project scenario to the Committee. The Committee provided feedback on the scenario regarding what should be shown improvements that were needed in the project scope. Ms. Kamp said a lot of people have been working on this for a lot of years and while she appreciated the hard wo it was important that any increases in capacity be made through Bill Hale explained the physical March 9, 2012 IH 35E Managed Lanes Project SB 1420 Committee parameters around implementing such an improvement. Mr. Morris pointed out that at this point, the project described was at or above the available public funds and that any costs added to the project would need to be taken out in other areas. Mary Horn asked to see further detail around the Loop 288 area and asked about the need for pedestrian access across Lake Lewisville. Mr. Morris asked TxDOT to work with Jeff Neal on that area to codinate improvements around Loop 288. Jeff Neal of the NCTCOG stated that there was the potential for project cost savings in the range of $40 - $50 million from a redesign of the Belt Line Road interchange. information on how the connection with IH 635 will be constructe Mr. Morris discussed how revenue could be generated as early as possible during Ph Mr. Morris asked John Munoz how long it would take to get a base useful for evaluating further improvements. John Munoz said it ically takes approximately 2 years of operations for revenues to level off for analysis purposes. Mr. Munoz also stated that it would take at least until 2022 to get revenues enough to get from Scenario 10 Item 7 Request for Qualifications (RFQ) Status Mr. Hudspeth notified the committee that TxDOT issued an RFQ for-build and concession teams on January 23, 2012. Qualification statements 23, 2012. Item 8 Discussion of the issuance of the report of determinations made by the Committee t Executive Director of TxDOT regarding the IH 35E Project -RTC Policy on Managed Lanes -Public, Private, Combination of Public/Private finance -Toll Revenue Risk There was a discussion as to when the next meeting should be held. John Polster suggested that it may be beneficial to see the number and quality of the qualification-build and concession before making a final determination. It was stated tetermination prior to the qualification statement due date was preferred by TxDOT. Mr. Mo confirm that TxDOT Administration still preferred a final determ statement due date. Potential dates for the next meeting were March 20, 21, and 26. Mr. Morris as the dates to the committee members and coordinate the best time for the next meeting. Item 9 Public Comments March 9, 2012 IH 35E Managed Lanes Project SB 1420 Committee Mr. Morris asked the audience if anyone would like to make comments. No comments were provided. Item 10 Adjourn There was a motion to adjourn and a second to the motion. The motion passed unanimously. March 9, 2012 REFERENCE ITEM 7.1 FINAL IH 35E Managed Lanes Project SB 1420 Committee Report In accordance with Texas Transportation Code, Section 228.013, added by SB 1420, 82ndLegislature, Regular Session, 2011, and Texas Administrative Code, Sections 27.90 – 27.92 (the Rules), this committee (the Committee), consisting of the members identified below, was formed for the purpose of making certain statutorily required determinations with respect to the IH 35E Managed Lanes Project in Dallas andDenton counties. The IH 35E Managed Lanes Project (the Project) includes the baselineproject as depicted in Exhibit Ato this Report. The scope of thebaseline project may be changed from that depicted in Exhibit A forreasons that include but are not limited to changes in the availablepublic funds allocated to the Project. The Committee held its dulynoticed initial meeting on November 10, 2011. At the initial meeting ofthe Committee, Michael Morris was elected to serve as Chair. At its duly noticed meeting on March26, 2012, the Committee made the following determinations concerning the Project, as required by SB 1420 and the Rules: 1.Distribution of the Project's financial risk. Distribution of Project financial risk is defined in the Rulesas the allocation of revenue risk for a toll project between the Texas Department of Transportation (TxDOT) and the private entity with which TxDOT enters into an agreement for the project. Revenue risk for the Project will beretained by TxDOT, as set forth in the design-build agreement. 2.Method of financing for the project. The method of financing is defined in the Rules as the determination of whether the Project should be funded with private or public funding or a combination of private and public funding. The Project will be financed with public funds, which may include the proceeds of bonds or other public securities. 3.Tolling structure and methodology. The SB 1420 Committee for the IH 35E Managed Lanes Project hasdetermined to utilize the tolling structure and methodology as set bythe Regional Transportation Council of the North Central Texas Councilof Governments (RTC). The RTC's current tolling structure andmethodology, adopted on May 11, 2006 and modified on September 14, 2006and September 13, 2007, are set forth in Exhibit Bto this Report. FINAL Submitted and approved by: IH 35E Managed Lanes Project SB 1420 Committee Members Signature Michael Morris ____________________ Chairman Alberta Blair ____________________ Member Bill Hale ____________________ Member Elizabeth Mow ____________________ Member John Polster ____________________ Member Matthew Marchant ____________________ Member Pete Kamp ____________________ Member Rudy Durham ____________________ Member North Central Texas Council of Governments North Central Texas Council ofGovernments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council ofGovernments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council of Governments North Central Texas Council ofGovernments North Central Texas Council of Governments North Central Texas Council of Governments EXHIBIT 2 EXHIBIT 2 AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the development of a Local Preference Purchasing Policy. BACKGROUND In 2010, the City updated its Purchasing and Payment Procedures Manual, which contained procedures for applying local preference on certain purchases. The procedures complied with the Texas Local Government Code (Chapter 271) provisions in effect at that time. The existing procedures are applicable to competitively bid contracts of less than $100,000 and provide a local preference if 1) the local bidder is within five percent (5%) of low bidder, and 2) the local bidder offers the best combination of price and economic development opportunities. In 2011, an internal purchasing stakeholders group was created to review, revise, and improve the xisting purchasing procedures. The working group was comprised of staff members from almost every area of the city organization (Engineering, Electric, Water/Wastewater, Solid Waste, Parks, Fire, Fleet, Streets, Legal, Technology Services, Facilities Management, Utilities Administration, Purchasing and Finance). While the group has not yet finished their work, the stakeholders have met several times and significant progress has been made on updating the Of particular note, the group has developed some proposed procedures to encourage local preference in our purchasing process. These proposed procedures have been developed in response to amendments to the Texas Local Government Code (LGC Chapter 271.905 and nd 271.9051) that were approved in 2011 by the 82 Legislature of the State of Texas. Below are key elements of the proposed local preference procedures for your consideration: 1.Provisions in LGC 271.905 and 271.9051 apply to competitive bids only. These are specifically identified as Lowest Responsible Bids and Best Value Bids. a.Lowest Responsible Bids Price is the single determinant factor when awarding a bid to a responsible bidder. In this case, the following criteria will apply: Agenda Information Sheet April 2, 2012 Page 2 i.A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids, including services, less than $500,000. Excludes telecommunication and information services. ii.A three percent (3%) price differential will apply to bids, excluding construction and services, greater than $500,000. The chart below is a summary of the proposed procedure for Lowest Responsible Bids: LGC 271.9051 LGC 271.905 5% price differential 3% price differential Construction bids less than $100,000 All other bids, excludes construction and services, greater than $500,000 All other bids, including services, less than $500,000 b.Best Value Bids Price is only one of a number of determining factors that are weighted for evaluation purposes. As a result, an additional weighted factor will be added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%, will be consistent with the criteria outlined above. 2.Implementation of Local Bidder Preference Consideration Application (Attachment 1) a.A new and complete application must be submitted with each competitive bid by the due date. b.This application serves to ensure the qualification of a bidder as a local bidder and find, in writing, that a bidder is a local bidder. The application also removes any subjectivity on the part of staff in attempting to make this determination. 3.Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid documents. 4.These procedures do not apply to purchases obtained through a Request for Qualifications (Professional Services), Requests for Proposals or bids involving Federal funds, in whole or part. 5.Regarding purchases through Cooperative Programs and Interlocal Agreements, staff will periodically complete a pricing comparison of select purchases to verify that the best price is being obtained. Agenda Information Sheet April 2, 2012 Page 3 In accordance with the statutory provisions, it is important to point out that the City may award a competitively bid contract to the lowest responsible bidder, local bidder or reject all bids. As such, staff will continue to make appropriate award recommendations to the City Manager or City Council with necessary justifications. preference purchasing procedures, the group is also actively working on additional updates to the presented to the Audit/Finance Committee in the near future. RECOMMENDATION Staff recommends approval of the proposed Local Preference Purchasing Policy. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 12, 2010, the City Council gave staff direction in a work session to proceed with t Procedures Manual. On February 14, 2012, the Audit/Finance Committee unanimously recommended that the proposed Local Preference Purchasing Policy be submitted to the City Council for consideration. EXHIBITS Exhibit 1: Proposed Local Bidder Preference Consideration Application Exhibit 2: Sample Tax Certificate Exhibit 3: PowerPoint Presentation Respectfully submitted: Bryan Langley CFO and Director of Strategic Services Prepared by: Antonio Puente, Jr. Assistant Director of Finance EXHIBIT 1 Purchasing Department 901B Texas Street Denton, TX 76209 940-349-7100 940-349-7302 (f) purchasing@cityofdenton.com APPLICATION FOR LOCAL BIDDER PREFERENCE CONSIDERATION mean that the City of Denton is limiting responses to their competitive bids to only those businesses located within the city limits. All bids are welcome. Bidders who wish to request a LOCAL PREFERENCE must have their principal place of business located within the City of Denton, city limits. If your principal place of business is within the Denton city limits and you wish to apply for local preference consideration, then youmust meet the minimum requirements below for each bid: a) Provide a Tax Certificate from the Denton County Tax Assessor showing the current status of taxes, penalties, interest, and any known costs due on a property; and b) Submit the completed application on the following page. Local Preference may be considered in the following instances: A. In purchasing any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with the bidder whose principal place of business is in the local government. (Local Government Code 271.905) B. In purchasing any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases of less than $500,000 with the bidder whose principal place of business is in the municipality. This section does not apply to the purchase of telecommunications services or information services, as defined by 47 U.S.C. Section 153. (Local Government Code 271.9051) The City of Denton reserves the right to award to the lowest bidder or reject all bids. The full text of the Local Government Code related to Purchasing and Contracting Authority of Municipalities, Counties, and certain other Governments is available at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.271.htm#271. Detailed information related to local bidders is found in Section §271.905 and §271.9051 CONSIDERATION OF LOCATION OF . LOCAL PREFERENCE CONSIDERATION APPLICATION For bidders whose business is located within the Denton city limits ____________________________________________________________________________________________ The City of Denton requires the following information for consideration in award of competitive bids: 1.Location Eligibility: Principal place of business is defined herein as any business which owns or leases a commercial building within the City of Denton, Texas? a.If yes, identify the following: i.Business Name/DBA: _______________________________________________________ ii.Address: _____________________________________________________________ iii.Business Structure: ____________________________________________________ (sole proprietorship/partnership/corporation/other) b.Name and city of residence of owner(s)/partners/corporate officers, as applicable. iv.Name/Title: __________________________________________________________ v.City of Residence: _____________________________________________________ If more than one owner/partner/corporate officer exists, attach a separate sheet of paper. 2.Economic Development benefits that would result from award of this contract: a.Total number of current employees who are residents of the City of Denton? __________ b.Will award of this contract result in the employment/retention of residents of the City of Denton? ___ Yes ___ No c.Will subcontractors with principal places of business in the City of Denton be utilized? ___ Yes ___ No d.Will award of this contract result in increased tax revenue to the City? ___ Yes ___ No e.If yes, check types of taxes? ___ Property Taxes ___ Sales Taxes ___ Hotel Occupancy Taxes f.Other economic development benefits deemed pertinent by applicant (attach separate sheet if necessary): _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ City Bid Number for which local preference is requested:______________________________ Certification of information: The undersigned does hereby affirm that the information supplied in its bid and this application are true and correct as of the date hereof, under penalty of perjury. / Company Name Date / Signature Print Name Tax Certificate from Denton County Tax Assessor is attached