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HomeMy WebLinkAbout06-20-1995 • 0 rr ; { 1 i CITY COUNCIL AGENDA PACKET 6-20-95 • • 0> • A&daNl i A4endalte?R , . AGENDA CITY OF DF;NTON CITY COIINCII4 June 20, 3.995 Closed Meeting of the City of Denton City Council. on 'Tuesday, June 20, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered; NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR :RICH IT IS LEGALLY PERMISSIBLE. 5:15 P.M. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1.. Discuss re 'on v. Jagoe & Ci t. S. Real Estate Under TEX. GOV'T CODE Sec. 551.072 C. Personnel./Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Interview and consider Regulc.r Part-time Municipal Judge candi::ate, the selection process, and offer of employment. J 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 d,rection into whether or not euch matters should be placed on a future regular or special meeting of the l Council ft-.r citizen input, City Council deliberation and formal City iction. 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 publi.c meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are no! 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 dir=ct 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 in to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. • w • • tgeedaNa_9_. S City of Denton City Council Agenda June 20, 1995 206 Page 2 6:00 p.m. 1. Receive a briefing regarding the State Highway Projects. 2- Receive a report and give staff direction regarding hotel occupancy tax recipient contracts. 3, Receive a report and hold a discussion regarding the proposed 1996-2000 Capital. Improvements Program and discuss the Blue Ribbon Committee. 4. Receive and discuss the results of the supplemental 1995-96 Budget Priorities Questionnaire. Regular Meeting cf the City of Denton City Council on Tuesday, June 20, 1995 at 7:00 p.m, in the council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 P.M. 1. Pledge of Allegiance 2. Citizen Report:s A Receive a report from Dale Branum concerning pesticide spraying. 3. Citizen Requests A. Consider a request from the Greater Denton Arts Council for an exception to the noise ordinance for the grand • opening of the campus Theater, Thursday, July 6, 1995 until 10:30 p.m. and Friday, July 7, 1995 until 11:00 p.m, B. Consider a request from the Pro Youth Rodeo Association for exception to the noise ordinance for the use of a loudspeaker for the purpose of conducting the youth rodeo , • at the North Texas State Fairgrounds Friday, July 7, and • ~ Saturday, July 8, 1995, until 12:00 midnight, e • • r 0 Agendaltee, _ ~:.:Q..~ City of Denton City Council Agenda ite June 20, 1995 Page 3 r 40 Public Hearings A. Hold a public hearing and consider adoption of an ordinance to rezone 3,753 acres from the Single Family 7 (SF-7) zoning district to the Commercial (C) zoning district on property on the south side of I-35E, approximately 250 feet south of Lindsey Street. (The Planning and Zoning Commission does not recommend approval with a 2-3 vote on a motion to approve.) B. Hold a public hearing and consider an ordinance to rezone 8.2721 acres from the Agricultural (A) zoning district to the Office Conditioned (O(c)) zoning district on property located on the west side of Bonnie Brae, approximately 2,000 feet south of I-35. (The Planning & Zoning Commission recommends approval 6-0.) C. Hold a public hearing and consider an ordinance to rezone 4.2722 acres from the Agricultural (A) zoning district to the Light Industrial Conditioned (LI(c)) zoning district on property located on the south side of I-35E, approximately 3,200 feet north of State School Road. (The Planning & Zoning Commission recommends approval 6- 0.) D. Hold a public hearing and consider an ordinance to rezone 0.48 acres from the Single Family 7 (SF-7) zoning district to the office Conditioned (O(c)) zoning dis+-rict on property located on the northw,st corner side of Fulton and Linden Streets. (The Planning & Zoning Commission recommends approval 6-0.) 5. Consent Agenda Each of these items is r,.scommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. • Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in ~ic.cordance with the. Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. L,i8ted below are bids and purchase orders to be approved for h payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.B, 6.C), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of f the con9ent Age,ida. Upon the receipt of a "request to speak" form • • a City of Denton City Council Agenda June 20, 1995 y 6 Page 4 from a citizen regarding an item on the Consent Agenda, the item shall be removed and he considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid 41757 - Underdrain System for Filter #2 at Water Treatment Plant 2. Bid #1758 - Longridge Drainage and Water Improvement 3. Bid 41765 - North Lakes Substation Security Wall 4. Bid #1766 - Capacitors 5. PC #55299 - Boyd Excavation 6. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1757, 5.A.4. - Bid 41766) P. Consider adoption of an ordinance accepting competitive I bids and providing for the award of contracts for public works or improvements. (5,A.2, - Bid 41758, Bid #1765 - Bid #1765) C. Consider- adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive ids. (5.A,5, _ PC #55299) 7. Motions consider a motion to reconsider the direction given staff to • prepare a contract to hire the firm of Blair, aoggan, Sampson & Meeks to collect delinquent taxes for the City of Denton, (Krueger) 8. Ordinances A. Consider an ordinance authorizing the City Manager to e exF,:ute an agreement between the City of Denton and • Deloitte and Touche, L.L.P. fox, an independent audit, (The Audit Committee recommended continuance of Deloitte and Touche, L.L.P. audit services for the current fiscal year ending September 30, 1995,) 1 • ca • ~anda No Agendaltem s.,,te... City of Denton City Council Agenda June 20, 1995 Page 5 B. Consider an ordinance authorizing the Mayor to execute a contract for the collection of delinquent tares; providing for the expenditure of funds. 9. Resolutions I A. Consider approval of a resolution postponing the regular Council meeting July 4, 1995 to July 5, 1995, B. Consider a resolution approving the application of Wal- Mart Stores, Inc, for plan line funds for construction of water and sewer lines for a Wal-Mart facility near the southeast intersection of Loop 288 and Spencer Road. (Public Utilities Board and Planning & Zoning Commission recommend approval.) C. Consider approval of a resolution amending Appendix A of the Denton Development Plan by changing the boundaries for Intensity Areas 77 and 78 defined therein in conformity with the map attached hereto and incorporated herein as Exhibit 1, by extending the boundary of Intensity Area 78 along the south side of I-35 E to State School Road, and reducing intensity Area 77 correspondingly to accommodate the expansion; amending the concept map of the Denton Development Plan to conform therewith. (The Planning and Zoning Commission recommends approval 5-0) 10. Consider nominations/appointments to the City's Boards and Commissions. 11. Consider nominations/appointments to the Sesquicentennial Committee. 12. Vision Update • ls. Miscellaneous matters from the City Manager. 14. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel • D, Board Appointments • • 25. New Business This item provides a section for council Members to suggest j • O • • -OpdaNo, a Agenda I City of Denton City Council Agenda 10 June 20, 1995 `pl~ 6 Page 6 items for future agendas, 16. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec, 531,071 B. Real Estate Undex TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOV"T CODE Sec. 551.074 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 1995 at o'clock (a.m.) (p.m.) i CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 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 566-8309 OR USE TELECOMMUIJICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800~RELAY-TX SO THAT A SIGN LANGUAGE INTI PRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO0289 e • i' a o ~ , • Y PHOTOCOPY Mr `f i0 4 • A • c,. • `s AgodeNo. ` . r> Apndalt ~4 ` # f13ts...~Z.-.% CITY 01 DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK1NNEY / DENTON, TEXAS 76201 MF?SIORANDUM DATE: June 16, 1995 TO: Lloyd V. Harrell, City Manager I,R0,\1; Rick Svehla, Deputy City Manager SUBJECT': UPDATE ON HIGHWAY PROJECTS IN THE 1986 BOND ISSUE In 1986 there were five projects approved that were U. S. Highways or Farm-to-Market Roads. When the bond issue was proposed, TXDOT s rules required a certln amount of matching funds for either right-of-way or construction or both. I have included a copy of Proposition I and the projects listed were the following: 1987-1988 Teasley Lane fmprovements $ 200,000.00 (1.356 to Dallas Drive/U.S. 77) I 1988-1989 FM 2181 ('Teasley Lane from $ 250,000.00 1.35E to Ryan Road) 1989.1990 Loop 288 (from U,S. 380 to Colorado $ 2.2,000,000.00 Boulevard) 1989.1990 U.S. 380 (from U.S. 77 to Loop 288) $ 600,000.00 1989.1990 U,S. 380 (right-uf-way acquisition) $ 250,000.00 1990-1991 Fort Worth Drive (from 1-351: to FM 1830) $ 1,065,000.00 1 have attached a memo I?om Ji•rry where he has attempted to give the Council a brief summation of all • the highway projects that we are working on. As yost can see, the first five Items listed by Jerry cover due 1456 Band Issue. The first piece of Teasley Lane is Number 1 and It is complete. The second piece of'reasley Lane, as you are aware, is under construction right now. The third llem is Fort Worth Drive. Originally, that project was from 1-351: South to FM 1830. [ know some of the Council Members are aware that rXDO'r changed its funding policies and the way it rated protects, 't'his section of U.S. 377 was eliminated from their funding schedules. However, we were able to substitute the portion from e U.S. 77 South to I-35E, that job is scheduled to be bid in TXDOT's iiscal year 1996-97. 'I-Ile one project that we have not been very successful on is Project Number 4 and that is Loop 288. As you can see from Jcrry's memo, level one means we are just looking at feasibility and environmental work. We are not funded In the TIP, which is the transportation Improvement program of TXDOT's. However, we are working with them on some strategy to begin to substitute part of the spur or loop from Spencer Road to Mayhlll Road. If the bond issue passes later this year that includes right-of-way costs, 8t71568-8200 D/FW METRO 434.2629 • ca • BMO Lloyd V. Harrell June 16, 1995 49ndal .r....- Page 2 Hie Z ~ Z we believe that would help us spur construction of the northern piece of the loop as well as the extension of the loop around to Teasley Lane. The fifth project is U.S. 380. There are two sections that are in level two right-of-way acquisition. That is for all of U.S. 380 from Loop 288 to just west of Elm Street. The last section, from just west of him Street to 1-35, is having its environmental and schematics finished. We would anticipate receiving a right-of-way agreement later this year. Project Number G is U.S. 77 from U.S. 380 north to 1-35. This is a project that was offered to us after the 1985 and 1985 Bond Issues passed, This is a special project. You will notice In Jerry's notes, it Is part of what was called the "PASS program," In this project we agreed to acquire all the right-of-way that TXDOT needs plus supply a million dollars for construction. We are still held to those old requirements. Jerry's notes Indicate that we should see some activity toward the end of this year by the time the consultant is hired and the schematics are drawn. That is important, We must begin to acquire the right-of-way by January, 1997. If all goes well with the consultant, we would anticipate beginning to acquire land early next year. We have almost a million dollars set aside from the 1985 Issue. Elm Street and Locust Street were not rebuilt In that Issue because right after the Bond Issue was approved, TXDOT came in and rebuilt these two streets. The Council authorized using this bond money for Our million dollar match. We also have a half million dollars pledged to us from TI for this project. Finally, you have about three quarters of a million dollars of unallocated bond money that could be used for right- of-way acquisition if ne Jed. The last two projects, Council Member Miller and the staff have been working on since the new federal and state funding haws were passed (the Intermodal Surface Transportation Efficiency Act of 1991, Le., ISTEA). The first of these is Project Number 7, Discretionary Funds that are rehab funds for existing roads, Since Denton Is Its own urban area, wo have been awarded about $105,000 that must be matched locally by 20% plus we must at lezst currently provide money for the state's consulting or engineering j costs. Finally, Project Number 8 Is a multitude of CMAQ projects. We have three projects now out for bidding. 'T'hese are 1993 projects. We also have 1994 and 1995 projects. Jerry Is indicating that we are working very diligently in trying to get the remainder of these out for bid by next spring. We will keep the Council posted on those as they occur. 't-his gives you pad the Council an update on all of the highway projects. Within the next month or two, we will be bringing you a final report from the 1991 Committee on all the projects that were in the 1985- 1986 Bond Issues, We have been able to complete all those projects and several more I think the Council will be real pleased with the results of that. We look forward to presenting that to you in the • near future. If you or any of the Council has any other further questions, I would be happy to try and answer them at your convenience. Rick Svehla µ'P Attachments AMO.wn • Agenda No Agendari A > MEMO 36qis To: Rick Svehla From: Jerry Clark,P.E. Subject: TXDOT Project Status Date, June 13, 1995 The following information details the current status of the projects that the City of Demon is currently working with the Texas Department of Transportation(TXDOT) on. These schedules are based on the most current information that we have including the Transportation Improvement Plan(TIP) discusssions with the Area Engineer,and projections when the project is not officially in the letting plan yet. I. Teasley Lane US 77 to 135E Completed- 2 Teasley Lane 135E to 2 MI South Under Construction Completion Estimated-Dec 1995 3. Fv Worth Drive 135E to 1830 orginal Level 2-Public Meeting 6/29/95 US 77 to 135E current Letting Estimated 1996-97 4 Loop 288 US 380 to 135E Level 1-not in TIP Loop 288Spur/Fm 2499 Spencer Rd, to FM 2181 Level I-considered in TIP *Note the City of Denton is recommending that the Spur(Spencer to State School) be substiutued for the section of existing loop 288 between Spencer and 135E for State Maintenance. The intent is to gain an entire new road section simultaneously between US 380 and FM 2181. • 5. US 390 US 37' to loop 288 Level 2 Acquisition of ROW Letting Estimated 1998.99 US 380 Loop 288 to US 77 Level 2 Acquisition of ROW Letting Estimated 1999-2000 US 180 US 77 to 135 Level 2 Environmental and • • Schematics being finaled • 0 • • ~ganhNo'.IE. 14 AgerdalterrL, Rick Svehla balel.:?~~ Page2 q Qr% 6 June 13, 1995 6. US 77 US 380 to 135 Consultant starting design in 30- 60 days. F,nvironmental being finaled out,Part of PASS program, 7. Urban Street Program Proposed Structural Repairs April RTC had shown Denton in Carroll Blvd competition in Met roplex, Council Miller and staff gained $105,000 For Denton Specifically & CMAQ Projects various locations 3 projects out for letting -TXDOT f.emainder to TXDOT by 2.96 i E PHOTOCOPY Q3 9s^~oZz 6-2~-qs NO rr M! A~ iu(x}}i „ ~ I'i:A 47 ri... ♦ ~i'~ ♦ ~jIL N,i 1 ~.W, 'M~4 Tr t it~r 6 cember13; 1886 Y(13,diclembrede 1986)N may, tiF iIIL" `Ii;, ,r City ct 1)eritoli Bond Electfori ` d.Y, ' (Cludad de t)enton, Elecclon Para Borlcs~/41' ' ja 1r6' I i(j' , ' f ISAMPLE BALLOT ? T"0! {I 'BOLETAMUESFRA t{ n 4-~ f.~~~~~~k 'i , } 1~~ It~1 , ,I'~T,3 , rp~L~ a , P:9601 In the 9quar0 beslde Iho~la~~!nehtl 6 ~I{166A~; the way you wish to vote (Marque con uno I! AI cuedro el lade IF la }raso quo Indlca la (ponera on quo quleT War,) e Usled IYi~4 rt J{y T 1 d 11 44.1 v• J f- I f ~Y. i. La jl}1~1{I{tdl~r~y~1i~~(M r I'4~. .1 PROP Sit, ~'`y 1. 6fF t }T,. ~r r fOR IA IAVON OFI apt ~I..~. 1,'1 ♦I I, THE ISSUANCE Of 37 FJ8 000 OF STPLET A N 0 TRAFFIC I MROVEMENT BONDS M EM ION YJ ) {1EBONUSBE 7136,000 PARA MCJORAS A r 'GHE IrROI. tlE TI~AFIC01. ,9~ 41V AGAINST ILN DO E NIMI LL I I !'.l` S t~ PROPOS~NWO pT~~OPUESTANO FOR pA MON OE ✓ Ill, rl: e. y, a~1 rte ~tHr SSuANcF.,J}jz466,000OFORA~NAOE!7:' ~1 }}U dMP!IOYEMENI SONOS (LAEMI510N DC ' ~.~b • Ty GON05 DE {0460,000 PAM MEJO S A~~~,{{i~~~/~ 1 { ALAI NS I It 1160NIMI BAENAJ£I Ir. { a 1/~ 11:.1 t .i!✓ FAY♦. I• IAF~VOROPOSITI``ONNO 3(PROPU FOR PSTANO`,:31~A1 P Ijjj p ~'j' ~S / THE 155UA EN EN EIMDO Q A 51O ~1 G d I ' COW ROL DEN TEN BOII6IU+F M1MI610N BE 1 OU1'405 DE I t85 OM PARA CENTAO OE " I CUNiNOL DE A01114ALF51 about"your bond' AGAINST ;pI CONTRA) J ` M PROPOSITION NO, 4 (PROPUESTA NO. 4) IOII I A FA'JOR OLI ~d r.. THE ISSUANCE OF II00X*)CF LIRE STATION I RCND5ILA EMISION DF BONDS BE UB7AXO aGA1015f ,EN CO I PAM ESIACIONESOL DOMOERUS) ; F. kiRAI I { II PROPOSITION NO, b (PROPUESTA N0, 6) " r, rORIA FAVOR U6 1,:.: ' 4 ! I IP41 SSUANCC Of 359',n, 000 OF PARK 14 ! A,' `'In+ I IM I'ROVLMENT(AINL ETCfIE AND ;a J 7I E IGN ROPHOOO nNu ENIOR OI117ENS I COMYLINITY CF N IENI SONDS ILA£MISION BE nows BE 15 B!A O]O rAM MCJ OIIA 1 of PARODES ,;AMPO AI LI TICO Y CENTAO by\ la'/'N 1 SOCIAL DE VECII4DAD Y CIUOADANOS b : { AGAIN,' I TEN DOW NA) ! ANCIAHOS) 1 ' PROPOSITION NO, 6 (PROPUESTA NO. 6) } r ' , , `E'ri L ` j J F FORA FAVOR DE) I 1.',. I THE ISSUANCE OF II OJO.000 OF LIBRARY I PARA EIORER AI IOH OF BONDS BE $1,000 ,000 AOAINST(EN CONTRAI ) JATr r',~.._ PROPOSITION NO. 7 (PROPUESTA NO, 7) FOR LA FAVOR DET ! r, , E rN[ ISSVA NCE OF 7z,607 U{N BUI TP EAF. A o J ENfORCCMEIIr umcouAT nr DuILOInO Denton City [ouncll l ! 0r OS flA EMIS10110E BONGS BE 17600000 I ! ' PI RA ED I ICOOE kJECUC1011 OE LEYE6 Blue Ribbon CIIIEen j AN i 4" Advlsory Committee T f l T ~s' i` r Planning at ZonlnQ Comenlsstoil r! I,, h 1 u F~ A I° ~J d f'+~,Lr 5,1. ♦ Lts3~i{~~~ ^Y n t ti• ~ ~~...&~"o,A v I, ~ r~ I•,,~ I a.ti' } PHOTOCOPY 0 lNS ~ ~ z0 -9s a ROPOSITION N~:'i, / R 1Y[r., STRE NSPOR7ATltlNlT(R~FEPFI CON n L PorlY~orR1 ' t966.19Eiq~llg a: .3 TOTAG~ y. 19na0 MM denlrvl' I tIJ~ ~ a tY 1 r Turo lnre Lin uip nT fgls tl Canoli FOUlerera e,y K ,y v(70000 '.r yJr , T ANIMALCON EN R:EXP.gN Q r' New6lOMl ne' nl0ivi , 1 ,1 ` r n 1 I al n•I31 U A 3B0 6 4 s d99 Trelfla at KIM.. AnlmslGoltird I,' liI it Frm WA{ ~1 i~ 000.E 117 it t ,c i '6WewWL 1,, 1,.t 0,000 y ,TO7hL;: 'l 1~1 000,;7 :Ir::r ':1 1 4" e61 lwe Party TI ~'W l I~tO andlmprovemenie bts Coo `I .41 1 Rew6a BB•enAnnae C95Dp~o 'tY IRE 6T IP ME (w11n P •Ngnm ' N190 Fo•d7 #ad Ill a lm prove name v f Jar,~a .OYb 000 „I a, ,S 711 Flro Slallon UI yy,~ Teeatey Wq orernanu L.. ,a"var.> .00 ow Tn l llc Stand oronlullon I ° "^4 t 75♦U130 „'ry 1~ FIro EWlpmenl 0 00 '6%'„ ' Tref7k 0 i ll TOTAL v 'I" 11 y I AN ~1•I! r 1'""f,l `r- YFour Une Dlvlded M a ) e.~ E , ~F'M 21,111 rvom I 1o Ryan Rea y+ tf ti %."i w!!!/t ''y fNLETIC ~IELQSMEI i' Otv{a S1 mDrovemanle AW ' F ppp lHp. ERIOR ~il. ~ Are116g1e 911,010 W4560miI .100ry00 tid-7rt v r ' ' td1 a „I f ul t. 1909 fYiO 1 I'll, I E Mcr kn IN 1 Loop rt Itetlon: Four Lane 01,1ded 7 Lf'~l sv}7,9pp,0p0 a A1M•Ile Field 000 •44 From u.Q: No Boats to C41wado Bouferud ~.8 380'L9dl MRkI0allo, 61. Land 01rl0ed i ~ `Oyo I f' it t 1 y from U,8. 77 hocvsll to Lool 200 S ! r 14 (I'1 : fi E '~7 r ~a~, silo? ^wnlerE/p•nafen 1 y e.Deneloll of NolllryMmfFlom U.9. 360 to Mlrtge Rosal ~ ~ OOO OSO I',°~"$X Alnl•uc FNtd D•veleplli{1d :r , ' , Oy~ld U E{11Po0nroFWeYAC9uleHbn +'950000 74 < • , s3.5so.op6 r,'4y ~ Iti'+/a../ ,'3 7yT" {I ~ 19991991 J7-7J 9) A" motion Unl•r a ' 11 'IOD,000 7 Fw1W6r nL'ddNS 3771 Four Lene0lrlded $1,065,000 A I Me I to Field Deni0PM*hi IL l 000 ` From 101 35C IQ F. M. 16b I ' ~I%rW,Ir Tr in on fill, ellsnIII DIV. 5l I'eoi 117,00(1 r, 11,5'A,000 ` /1,162,1700 1990-1991 J' { :IS . i' TO AL v1 17,736,000 Filtration Gnlsr 'iy f 11,100,000 PROPOSITION N0.2 AIhidIlcField Danwpvnl , 1 ty,,, r 1~ 177 ~sdodD ae 1 v f1 X11 !~1 ~II.A50,000 i'el, DRAINAGE TOTAL , %i,4$OW000 19661967 Tayiw Park Drainage 1 3000D0 I yPROPOSITION NO. 8 ' Woodrow Erldge 250,000 r ' ' ' ~BRARY MP~IO4EMENY6 7 Paten Cloak Damage 11 D.000 A ud,a Lane D, el luge ` 4'J ODO, ' l r F ,?1r p9p L77 ' } a 09 To"Drel a 61 l,"t7eiene 9rH~ua 60.000 L167efj ad►rrbA,'. ! 7 r ivL `a 9 ~OOA080 uln Bludf Dulruq•Rpa4tlone __26,000 I ' 7 • 1 t - E al _ Conte of 9 1b0 d00 S 1967.196E 'yC fQYA(rr rs,. ft alrr~pr~:11 ',1,000 b00 3 willow Spline breme9e 9 337,000' V ' I y 1 ; Malone Simi 9HLyge 1 250,000 a r 0''1 r 0 s~ION NO / inn Ic BmMnQ Via Bridge 4550,000 f , LAW ENVCEME CENTERICOURT COMPLEX I... fey Lane 01 it nag a r 60,000 ,.1 } 3 tE7,000 '4 1 ~iyJ'~*'4 dslda, e1 11d0 J Sai 19661969 - bIdel.•w Enkiaenl Cefl7 Oomplea 3900000' UDdele Moller Dal ilea 9 1251000 7 P~ ".1 Q fay,~{,r '1,1? ~'AZlE9 lox, Phase I 'e5 .1 two 1990 law EnplCemn101nIMK;+euM1Como 3 ~r~~i * • o lwrne 0@1 Ray prelnage ,9i.Ai ~{0 i 69'w00p r I~;d1 y p~ i§v;y~~~'N `~1 I P1991 q? ns 5maH5unnydW DreweOe 650000 1 rydpp71Qn at Leg EeroroMnerR9enlhdrlCoun CompNa', pralneQelmproramenb In Holly Hill An" _~OyOa•0 y7 (1 ( 1 91,976000 ' 1~ f01'AL I,L~ bTyi.ylg1 , 1cr 3~ R Vl9b d A h N 1 ~1 d ftl ,1 O Q r O xTY - l OUNCIL f I I! r ~ r 4 i • I ca 0 AA~daltetlr CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEY # DENTON, TEXAS 76201 (817) 566-8200 , OFW METRO 434.2529 MEMORANDUM i DATE: June 16, 1995 f TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer K SUBJECT: HOTEL OCCUPANCY RECIPIENT CONTRACTS Please recall that Council held a discussion regarding the distribution of Hotel Occupancy Tax during the June 13, 1995 worksession. During the worksession staff sought direction from Council to establish new contracts with recipients beginning October 1, 1995. Specifically, direction was requested to determine which recipients to fund, how much hotel tax to allocate, and the length of the contract. A motion was made to bring further backup information to Council that included qualifying questionnaires completed by the following organizations: 1 } Denton Central Business District Association - Denton Main Street Association 2) Black Denton Chamber of Commerce 3) Hispanic Denton Chamber of Commerce tas of late Friday afternoon, this information was not received. This information will be provided upon receipt.) Also, a request was made to provide several funding scenarios. Scenario A assumes that the City continues to contract with the five current recipients, and that the tax rate allocation percentages for new contracts be adjusted so that the 1995-96 budget e for each recipient approximately equals their 1994-95 budgeted amount. One exception is that the tax allocation percentage for the Denton County Historical Foundation decreases by .05% for 1995.96. This scenario will allow $36,880 to be allocated to other eligible purposes, Scenario B assumes that the city continues to contract with the five current O recipients, and that the tax rate allocation percentage for each recipient decreases by • .02% for 1995.96. One exception is that the tax allocation percentage for the Denton County Historical Foundation decreases by .06% for 1996-96. This scanario will allow $10,140 to be allocated to other eligible purposes. "Dedlcared to QaaNty Service" 0 • w • ~erldaNo. -42~, Memo to Mayor and Council Members ~dte- June 15, 1995 2 Page 2 Scenario C assumes that the City continues to contract with the five current recipients, and that the tax rate allocation percentage for each recipient deceases by X5% for 1996-96. This scenario will allow $19,600 to be allocated to other eligible purposes. Each of the above funding scenarios will allow the current recipients to receive at least their 1994-95 budgeted amount (except Denton County Historical Foundation), Also, each scenario demonstrates the funding level for each recipient for the second year of the contract 0 998-97). I hope the attached Is helpful. If I may be of any assistance, please advise. Thank you. JF4f Attech"nt AFFOOF83 1 i ewe 1 • ctr • 70 "IN Si u 1 - 8B~ JAN 1 71996 nAA 617151 P nn' 100 West Oak Sulte 204 Denton„Tex l Bo •8529 )INTO 4gendaNo © ~r~ Bwwxwnir. Agendaft P S M E M 0 R A N D U M Date_ LU 95 TO: Members of the Uentort i'itS- ('ounciJ FROMr Iti I I I'honres, President: Denton "lain street Association UATX: J,utru VV 1'L, 1995 Sl1BJMCT: rEccupnncc 'TaS Fundine I'lhe Iit,it loit Stain Street Assoc latJnil a 5011C16 non- prot'it I s E'ed~rr °r ino ~mnr,aI funding from the Pity's trcrnpqncy 'I'a.x Mond, 71, 's HOD- Yit oriznnizaIt,n is affiliated with, h, nrganlzatiOlin IIv dl I'll 'erent f'rorn, the Ci(y of Trenton Main Street Progrnm, It r'evresetits the private sr,r(ov commitment to downtown re^ttarltzalron, I'he nrganizrtt1on ha r; an <tunuaI huduet, of $30,000, The budget is uIt1,renIIy funded nt approximalel A, 30% , Funding sources Itic Itioe mernbership dues, Private and corporate donations, and proceeds from su, h tlrnElrnisinr+ events as County Seat Saturday, I'h, :'ilv of penlon curvently funds the Main Street Prowrnm from the dc,n C. vaI 1'11141, For fiscal year 1994-95, the total budget is Sfi.i,ti.Ij. This: I'iunis the Mniit St.I've 1, Mnna4er position and general u1'I'ice olger,tl ino expenses. This hurlget ctoes not provide for anS other slaIt' positions, promotional programs, marketing, or i ceii lrve sranr pr•nvrams for historic preservation, These programs ,re oitho r Ilim lerl through the lion - profit of they do not ex1sl. at ff„, Slain St reel Association is requesting funding to enhance • e`rtsttrm! pro4'ramsI increase marketing I o r visitor attraction, sf,,t,iiiyr shaft and create +t financial incentive program for j historic I,rescrtatIor), I sincerely hope Lfill t. port will gave f'E1U1'11h1o conBtdel`ntioil fo this request, I1 lhoma.s, President Ironton Maiu St Ivvl At,sociat ion • AgvdaNo. R Apendalle ~rd~4.95 ~a$ `a Mnin Street Association (Non-Profits ()ffice: s for 1994-1995 President; Bill Thomas Vice President in chartte of Membership t3eneva Berg Vice President in charge of Promotions Karen Wilson Se r.retacv Mike Nlsnnagan Treasurer (;arreli Ann Simmons Sfember nt Large Tammy Jeffries Member fit. f.arge Sharon Tonn • r s r~ e Age~daNo 95`-~Ja~_, CITY OF DENTON Agerltlaft4 S Questionnaire for Hotel Occupancy Tax Funding ~r I. General Instructions Please answer each question In the space provided and attach only supporting Information. Ouestionnalre should be typed and the original delivered to the Finance Department at the City of Denton's City Heil, 218 East McKinney Street, Denton, Texas 76201. II. Orgarti:ation Information Organization Denton Main Street Association Telephone N_ 817.668.8629 Mailing Address-1 00 West Oak. Ste 204 Denton Texas 76021 Street City Zip Contact Person.,Jare Jenkins Telephone N 817.686-8829 Is your agency not-for-profit and tax exempt? Yes IRS #75.2333448 In which category(les) will funds be expended? [Circle Category(les)I 1. Funding the establishment or improvement of a convention center. 2. Paying the administiative costs for facllltating convention registration. Paying for tourism-related advertising and promotions of the City. e Funding programs which enhance the arts. I e C6./ Funding historical restoration or preservation programs. AAA02ECE 0 o • 0 VpJaNo_ tE.QaP, Agoroaltern~YS III. Performance Information 1. Briefly describe the purpose of your organization and the major events that are ~Os held annually (include number of attendees, participants, estimate of direct U revenue from events sponsored by hotel occupancy tax). The purpose of the Denton Main Street Association is to organize events and coordinate programs that promote tho downtown area as a location for special events. We also promote downtown as a viable marketplace, a historic district, and visitor destination. a. County Seat Saturday, held annually every September, attracts over 10,000 people to the Courthouse Square. Participants include merchants, volunteers, Denton YMCA, Denton Historical Museum, schools, civic groups, and arts groups. The event cleared $6,000 in 1994. b. Dog Days of Summer, inaugurated in 1994, attracted over 600 persons and their four-legged friends, Participants included merchants, the Humane Society, Denton Veterinary Association, and Main Street volunteers. In its first year of operation this promotion cleared 9200.00. c. Scarecrows on the Square, Forty-five merchants participated in 1994. No revenue is generated from this promotion, althouf,h it is a popular tourist attraction because of Its high visibility. "S arecrows" celebrates the fall season. d. Main Street Acoustic Lawn Jam was hold every Saturday on the Courthouse lawn from mid-August until mid-November featuring local musicians playing acoustic instruments on a casual basis. In 1994, Its Inaugural year, the average attendance was usually 40 people with 12 musicians participating. There was no direct revenue generated by this promotion. e. Mardi Gres on Main Sueet is scheduled for February, 1996. This is our first attempt at this typo of fund raising event designed to ce'abrate downtown and raise money for program operations. f. The Denton Main Street Association also participates in the Denton Arts Festival and the Holiday Lighting Ceremony. 2. With regard to the events and services you provide, what is the potential for overnight visitors? Please provide data supporting potential of overnight visitors such as e) historic information on the number of room nights used during previous • years of the some events, andlor b) definite programs and activities In the event which will encourage overnight visitors for local lodging properties. Lists of local hotels and motels were provided to all County Seat Saturday vendors. Several vendors stayed overnight. We have also discussed the possibility of reviving the one day Jazziest on a Sunday in September scheduling ® it in coordination with County Seat Saturday. This would provide an opportunity • • for visitors to stay overnight In the community and attend two one day events that both celebrate Denton heritage. AAA02ECE • 0 gandaNo _9 3. What specific needs of the community are met by your agency? 110id1ffffrfl S ?0- 95 Historic preservation, image development, promotional activities, architectural design services, design consulting, rr9rchant co-op ads, cross advertising, merchandising, pride and awareness of the downtown a(ea. 4. Is attendance at your agency's activities and events limited by age, sex, race or other means, and are they held in proper facilities so as not to limit spectators to a small number? No and yes. 5. How do you plan to advertise outside of the Denton community? Public service announcements {radio), publicity events In newspapers, brochures, public speaking engagements, professional networking, communitybillboards, and coordinated publicity with the Denton Convention and Visitor Bureau, 6. Identify specific target groups to be served, if any; elderly, young, disabled, etc. No specific groups are targeted for any of our events with the exception of Dog Days of Summer which targets pat owners and their pets, 7. Explain the future plans for the development and giuwth of your organization and the events you sponsor. a. County Seat Saturday. Possibility of become s weekend festival similar to Grapevine Grapefest or combining with Jazzfest for a two festival weekend. b. Dog Days of Summer. Overwhelming support in its first year, Expect 25% growth this year. Possibility of becoming a Pet Weekend, (This event attracted people from the Metroplex as it was advertised in the Weekend Guide in the Deltas Mornina News.) c. Mardi Gras on Main Street. Very good response, Elghty-one patron tickets sold In the first year. Expect It to be the party of the year and Increase awareness of downtown. We also expect that people will begin to invite their out-of-town guests to attend the party with them. d. Lawn Jam. Could expand into regional musical event (with the proper promotion,) 0 8. Explain future plans for the development and growth of the events at your facility. The Courthouse Square serves as a location for m; blic events not sponsored by the Main Street Association. These include Concurts on the Square, political rallies, filming of movies and commercials, and the Denton State School 0 Walk-a-thon. We anticipate the downtown area will continue to serve as a 0 0 central location for a myriad of community events. AAA02ECE as • ug9f~daNo, S~'d~ 9. In what way are you promoting your facility? ~QBgda118~ Business brochures, merchant coop ads, media events, public service announcements, newsletters, press releases, event posters, and event flyers. 0 10. What was the amount of your cash reserves at the end of your last fiscal year? What plans do you have for those reserves? We had a 0169.15 profit from January, 1994 through September 30, 1994, We had $9,985.36 in the bank as of September 30, 1994. $4,943.60 as of January 24, 1995. The plans that we have for these reserves are salary for the Assistant Main Street Manager (who coordinates the promotional events), employer taxes, promotional events, brochures, advertising. IV. Certification We certify that the Information in this questlonnaire, Including all attachments and supporting materials, Is true and correct to the best of our knowledge. It Is understood and agreed that any funds awarded as a result of this questionnaire will be used for the purposes set forth herein. Board Chairman ~Zs YY'll !1 _ Date _/Z2 7 ~ Project Direct&_// Date____~ l~ • AAA02CCE • Ga • • rExAS MAIN STREET REINVESTMENT SUMMARY Denton nct. 93 Sept. 99 CITY: DAT1 S: to Rehabilitation Projects: Rehabilitation Projects: New Constniction: New Constructiow Buildings Sold: Number of Buildings Total Expenditures Number of Buildings Total Expenditure Number of Buildings 29 $1,189,050 1 $210,000 4 Buildings Sold; Total Private Sector Public/Private Joint Public/Private Joint Total Expenditures Reinvestment Ventures: Ventures: Grand Total Number of Projects 'total Ex ndilures $300,000 $1,699,050 2 $2,000 $1,701,050 • Total Business Starts, Net Gain in Business Net (Jain In Jobs Relocations, Starts, Relocations, Created and Ex ensions and Expansions • 67 52 141 • 04 ratio of City dollars spent to private dollars reinvested 1:28 0? • • POOR QUALITY ]DQC AMURNo-9S- PTV aAeodaltelr~ S la:n Street lan-?nht 1395 Budget Octo8et41•Septse6et9fi (}~~y - ( Budge; Ascunts Speet Balance :iSOFIEE 3,arv 118SD.00 5200.00 !2630,40 :11.11 Sates 1381.?f 0.00 1365.75 fssssanal Dere!gtlent 300 D0 180.00 120.00 'a•re! 500.00 MAO 348.00 lt3i 20215.15 553i.00 14683.36 ,SrETII0 :r:twna'. BtocCurs 5.70.00 ).Cl 500.00 -00 Ads 2000 00 040 2000.00 rretttssn9~Pnut3sa JO 1.00 SOO.Jd '?ta :;^7.10 ~ D0 JODO.JO a'EF8 CE iL:PP2t' =:tog lAwses 10.10 219.C0 0.00 200,00 °9'1 7D JD 130, )D 857,09 SA. L :r SP3t 53:; :3v :,451,:0 0 D: ;1050,00 3 ?s I.: to 0.00 220,00 :a•s :..,e ?r ? 1 77 7 Q1 ?0030 ii:;.;: 58 484;.22 :a: If: 0.Oi EIS' 78 I7012 22 na. 42J)L 'S 6193.18 19335.91 fs::asted Revenues I993 • S?3t :31+14+' ;100.00 1a'+s :i Seder 206.00 "r Fes; At DO ;133 5000 70 •:ersl;t 4000 11 A 3::9!:5 201.00 • ' 3: 1u'6 30 _ I s.?..?, ,2615+ „ 1 • Q f f • I 0 E N 7 0 N ~enliaNo, S- Agendaltelilj~0'S I il~~s itAf# tMB M 6riM~E INITIAL RESPONSE To: Members of the Denton City Council From: Herman E. Wesley III John E. Baines ,n _ ck Char... of uLrrmerce Representatives Re: Questionnaire for Hot , Occupancy Tax Funding Subinitted on Friday, Junc 16, 195 Attached to this cover letter is the questlonnalre that was sent to our organization which could Initialize our receipt of Ho.e, OCCI,r ancy Tax Funds. We ongiy believe that your establishing a contract with us will benefit the city In a numt, of ways, as we currently bring great amounts of tourism and convention revenue to Dertc annually, This conclusion is bai ad upon conservative estimates and historical data of functions that our members 'awe planned or have been a part of during their tenure In the city of Denton. Per your instructions, a!I answers have been concise and have been placed on the questionnaire, If additional Information Is needed, we will be more than happy to oblige, • 625 Dallas Drive Dontom Texos T02M) - ~,65-~615 or 382-9261 VAX 382 9896 ~ O t t , • ca • ~bordaNo. 95w~~ rY OF DENTON goildalleln 1(15--# ^ Qubstlonnalre fog Hotel Occupancy Tax Fundin9- <2~/g I• QeneralInstructions Please answer each question In the space provided and attach only supporting f nformation. Ouestionnaire should be typed and the original delivered to the Finance Department ai the City of Denton's City Hall, 215 East McKinney Street, Denton, Texas 76201. IJ II. Organization Information (Temporary where applicable) Organization Dan ton Black Chamber of Commerce Telephone # 565-9015 or 382-4261 Mailing Address 625 Dallas Drive Denton, TX 76205 Street ;ity ZIP Herman E. Wesley 111 Contact Person Jon E, BiBeq Telephone !1_565-9015 or 382-9261 your agency not-for pr( It and tax exempt? epplted for IRS rk_analied for in categor,•(ios) will 3r w) expended? IClrcie Category{les)) 1. Fur a estr;Ashm i ; Improvement of onvention center. LD Paying the administrative costs for racaitating convention registration, Paying for purism-related advertising and promotions of the City. • 14D Funding programs which enhance the arts. o ~ • e 5. Funding historical restoration or preservation programs. i • CJ • on~a rvu. 95.~~z.. III. Performe oe Information 4gehtlalfOm. =+t _ to .._^2Cl-9S t. Brief],,, describe the purpose of your organizat• in and the major events 6that are 14/9 held annuaily (include number of attendees, participants, estimate of direct revenue from events sponsored by hotel occupancy tax). r roe purpose of the Denton Black Chamber of Commerce is to promote economic development and business opportunities, and offer Informational resources for Its members. To Ihls end, our alm Is to market the City of Denton as a place to visit, and our members as representatives to provide service. A number of activities are fie! annually by Chamber members, with conservative o- . ales of a Priancia! impact exc, ading $2f"'900. This Is wilhoul the usage of the notel occupancy tax. Ono of the major programs we hope to initiate Is a Iwo- day African-Amorican Arts and Music Festival. 2. With regard to the events and services you provide, whet is the potential for overnight visitors? Plea m provide data supporting potential of overnight visitors such cis al historic information on the number of room nights used during previous years of the same events, and/or b? definite programs and activities in the event which will encouran- overnight visitors for local lodginm -nertlas. Currently, a n' jor of annual convorY s are held In Dan' particularly through ow churches. Ti 1e convey lions ierally run from 2-3 d, Once again, this vflhoul usage of the hotel occupancy C. Several are' used by the universities Hllh additlonsl roon added by to I motels. 3. W specific needs of the community are r c v your agency? 1 The enhancomec of business opporturr is for Blc„ k buss -.nors. The promotion of Denton as positive locals for culturally diveree pror liming. The over nltlve stance f Black;.arlicipatton fr the civic arena. 4, Is attendance at dency's actNitles and events limited by age sex, rar o or other means, and are they held In proper facilities so as not to limit spectators to a small number? i here are no limitations proposed or expected relative to events sponsored and promoted by Denton Black • Chamber of Commerce. 6. How do you plan to advertise outside of the Denton community? d Advertising Denton on major radio stallons and minority based publications, along wlth brochures for special • • events will be utfflzod by our agency. • 0 • ra • Vpq') No Ill, Performance information (cuntfnued) ApelltJaitolp ' S Z j 66 ~~JJ^ y, 6. Identify specific target groups to be served, If any; elderly, y ung;Iaisa6ted; S r I` / I ~l There are no spedlic target groups to be served exclusively. The programs that we initiate, as well as mem. ~J bershlp In the orgarolzatton, Is open to all ethnic groups, relfglous backgrounds, with no regard to age, sex or dlsablMles. 7. Explain the future plans for the development and growth of your organization and the events you sponsor, We envision the African-American Arts and Music Festival as a fcundatlonat stone In our development as a partfdpan! In luring tourism dollars to the Denton a Wllhln a five year lime frame, cur aim Is to have an economic Impact on that selec,,,d wr•-Send of $50 r-10. 8. Explain future plans I% 'ie developmr .rd growth of the w its it ur f.'cf6ty. N!A 8. In what way are you promoting your facility? NIA 'II • 10. What was the amount of your cash reserves at the end of your last fiscal year? What plans do you have for those reserves? • N/A • • • - ttr • VndaNo IV. Certification ~(J81d31ipR~c~ We certify that the Infoi nation in this questionnaire, Including all attachments and supporting materials, Is true and correct to the best of our knowledge. It Is understood and agreed that any funds awarded as a result of this questionnaire will be used for the purposes set forth herein. Board Chaim Date Project Dir or Date AFFObEBa 1 • I • p.. Qp SCENARIO A: 1995-96 allocation rate decrease mmdting from a 1995--% projected budget that approximately equals the 1994-95 budget. Lxteptiom the Denton County Historical Foundation's allocation rata decreaeod by .OS. HOTEL OCCUPANCY TAX SUMMARY ~ 1994-95 1994-95 1994-95 1995-% 1995-% 1995-% 19%-97 1996_97 1996_97 Actual Percent of Tax Rate Tax RMo Percent of Pro poaod Tax Rate Percent of Proposed ^ Budge! Tax Revenue Allocation Allocation Tax Revenue Hndgei" Allocation Tax Revenue WSW'$ 1. 1 Conventioa and Tourism Bureau 205,200 40.71% 2.85% 2.64% 37,71% 205,920 2,64% 37,71% 210,038 GDAC (operations) 72,000 14.29% 1.00% 0.93% 13,29% 72,.540 0.93% 13.29% 73,991 4 North Texas State Fair Association W400 13,57% 0195% 0.88% 12.57% 68,640 0.88% 12,57% 70,01? Dcalon County Historical Museum 60,192 11.94% 0184% 0.78% 11.14% 60,84 0.78% 11,14% 62,057 Dcnton County Historical Foundation 1,63% 0.11% _ 0.06% 0,86% 4,680 0.06% 0,86% 4,774 04,000 82.14% 5,75% 5.2996 75,57% 412,620 5.29% 75.37% 420,87! •FJigible City Fxpensos 64,500 12.80% 0.90% 0,90% 12.80% 69,875 0.90% 12.80% 71,273 Reserve _ 25,500 5.06% 0.35% 0.35%-_- 5.06% _ 27x625 0_35% 5.06%___28178 ) 504,000 100.00% 700% 6.54% 93.45% 510,120 6.54% 93.49% 520,1222 1 Available for Alternate Organizations 0,46% 6.57% r 35,W 0.46% 6, ,I 1 E7!46 36,598 Projected - - 7.00% IKW 546,000 7,00% - 100.00% 356!92(1 7.00% 100.00% 546,000 7.00% 100.00% 556,920 'fmYM„bta ~k/bN(IIYfIpNfN kaa ldflon,pftY HSdYs6reMrf/NeN,Mwtlf patkr NbNlMAfaw~MlWNdbiNaaAC bfWY4 fad LIMNClp4 MnflhMCarlbalN NtlIT1/1NM. "a,MdA fINlllfl,d aN is{IVa(NIf,ONN 0.1tIf NINI9%.. b/bpgl0a~pay HIflNAvd ' B,IbA ,0 NIIfYYd tR' (I~) DflfNl f WNY M► II, 199f •9p bYd~a C:II23R24lTAX9n%I 0016N5 09:28:27AM y h, i M Z 1 ~ V ~ 1 .-.._«...-.fir.. , 4 O • • , SCENARIO H: The 1995-% allocation rate equals a .02 decrease from the 1994-95 allooalioa rate (The Foundation's allocation rate decrease is .05). HOTEL OCCUPANCY TAX SUMMARY 1994-95 1994-95 1994-95 1995-% 1995-% 1995-% 19%-97 1996-97 19%-97 Actual Percent of Tax Rate Tax Rate Percent of Proposed Tax Rate Percent of Proposed Budget Tax Revenue Allocation Allocation Tax Revenue Budget'' AEocallon Tax Revenue Budget""" Convention and Tourism Bureau 205,200 40.71% 2.85% 2.83% 40.4.1% 220,740 283% 40.43% 225,155 ODAC (operations) 72,000 14,29% 1.00% 0,98% 14.00% 76,440 0.98% 14.00% 77,969 North Texas Stale Fair Association 68,400 13,57% 0.95% 0.93% 13.29% 72,.540 0.93% 1319% 73,991 Denton County Historical Museum 60,192 11.94% 0.84% 0.82% 11.71% 63,960 0.82% 11.71% 65,239 Denton County Historical Foundation 8,208 1,63%_ 0.11% _ 0,06'0 _ 0.86% 4,680 0.06% 0_86% 4,774, 414,000 82,14% 5.75% 5.62% 80.29% 438,360 3,62% 80,29% -447,127 'Eligible City Expeoses 64,500 12.80% 090% 0.90% 12,80% 69,875 0.90 1180% 71,273 y Reserve _25,500 5,06% 0.35% 5.06% 27A25 01396 5_06% 28,175 501,000 !00.00010 7.00% 6.87% 98.14% 333,860 6.57%~ 98,14% 346577 Available for Alternate Organizations 0113% IA% 101140 O,i396, 1.86% 10„343 Projected 7.00% (00.0096 546,1100 7.00%100.00% $36,920 7,00% 100.00% 346,000 7.00% 100.00% 536,920 'cMFahl W 16406%k e11t •"W trees 4MI wwM•et I•w 4 eW •Nr y.wtwf u s,e MM,M of u"I hN 1ww y dt,1rlW W w W OeAr W Yr Mal Y N. d (vi Wwwl hN o"baeaw w d Iw• rt«t«. 11"Wr wWWWfiw (7M)yreew Wrwr mr t4• IM!-MOwlwvHrg b,tg4l • "•WWwu WWWhe (taJ ~errMtWww ewr tM lM •M Wd/tt. .r QU23R20TAX95 0016145 09:2827.AM ® 1 ~ ~ V ±1 b1'~~o f N wn- f • 1 • SCENARIO C: The 1995-% allocation rate equal/ a .05 decrease from the 1994-95 allocation rate, HOTEL OCCUPANCY TAX SUMMARY 1994-95 1994-95 1994-95 1995-% 1995-% 1995-% 19% 17 1996-97 19%-97 Actual Percent of Tax Rate Tax Rate Percent of Proposed Tax? It Percent of Propoxd Budget Tax Revenue Allocation Allocation Tax Revenue Budget" Alloy on Tax Revue Bndgetre' Convention mud Tourism Bureau 2051200 40.71% 2.85% 2.80% 40,00% 218,400 2. 40.00% 221 ODAC(operations) 72,000 14,29% 1.00% 0.95% 13,57% 74,100 1357% 7 North Texas State Fair Association 68,400 11,57% 0.95% 0.90% 12.86% 70,200 6 J 12.86% 7 1 Denton County Ilistorial Museum 60,192 11.94% 0.84% 0.79% 11.29% 61,620 Q. 11.29% 6^ 2 Denton County Historical Foundation 8,208 1.61% 0.11% 0.06% 0.86% _ 4 680 0 1 0.86% 1. 414,000 82.14% 5,75% 5.50% 78.57% 429,000 L J' 78.57% I 1 + "Migible City Expenses 64,500 12.80% 0190% 0.90% 12.80% 69,875 0.90„ 12.80% AX Reserve _ 2.5,500 _5.006% 0.35% 0.35% _ 5.06% 27,625 0.35% 5.06%_ 2811 i 504,000 100.00% 7.00% 6.75% 96.4.1% 526,500 6.75% ".43n 537,030 Available for Alternate Organizations _ 0.25% 3,57% 191500 OX % 3,$79 19,890 Projected 7.0* 300.00% 546,000 7.0096 106,00% 556,920 7.00% 100.00% 546,000 7.0096 100.0% 556,920 t T.Ar "Ib N flood ftew"Wh"bdoole, • "/Ale!MYN1WWno 0%)POWMI YeNN ens111 N1rll I"I- N bwl,Knleeq NI toohd. alNoM N W{WIW lee (111)INI62I V1NN e.N 4, Ir/!-Of h4lc CA123R24%1AX95 06116193 WUVAM 7 lls' W N ` I 1 OUNCIL IAL ♦ A• Poo, a c w a • I No ~ r /q? le WY of DENTON, TEXAS MUNICIPAL BUiLOING • 215 E MCK1NNEy • DEN TON, TEXAS 76201 (817) 566.8200 0 DPW METRO 434.2529 MEMORANDUM DATE: June 16, 1995 TO: Honorable Mayor and Members of the City Council THRU: Lloyd V. Harrell, City Manager FROM: Kathy Du Bose, Executive Director of Finance SUBJECT: THE PROPOSED 1996-2000 CAPITAL IMPROVEMENT PLAN i At the City Council's request, the Planning and Zoning Commission met Wednesday, June 14th, to consider amending their recommendation concerning the 1996-2000 Capital Improvement Plan. After much discussion and review, Commissioner Norton made the motion "that we recommend to the City Council to carry forward with the CiP as stated to us by the staff with the specific addition of the Input of all the Vision Committees prior to finalizing expenditure items and line item dollars." His motion was seconded by Commissioner Schertz and authorized by the affirmative votes of Commissioners Cooper, Russell, Norton and Schertz. I Commissioners Fleming and Huey voted in opposition, The City Charter requires that this recommendation be submitted to the City Manager not less than ninety 190) days prior to the beginning of the budget year and that the City Manager forthwith furnish a copy of such recommendation to each member of the City Council. I will coordinate with the Vision Cabinet ell Vision Committees' input to forward to the City Council as specified by the Planning and Zoning Commissioner's recommendation. • Please bring your "Proposed 1996.2000 Capital Improvement Program" document to Tuesday's council meeting for reference, If you have any questions, please let me know, ® KD,V , • • AFf(1f1(8J f Dedicated to Quality Service" • a s lgrda No . 4r)Cridalteltt .lcys''-~- - Z gF i CITY of DENTON, TEXAS MUNICIPAL BUIL DING 0 215 E. MCKINNEY o DENTON, TEXAS 76201 MEMORANDUM (8 17) 566-8200 # VFW METRO 434-252 i DATE: June 16, 1995 TO: Honorable Mayor and Members of the City Council THRU: Lloyd V. Harrell, City Manger FROM: Kathy DuBo.se, Executive Director of Finance1~ SUBJECT: STATUS OF GENERAL OBLIGATION BONDS In response to Council Member Miller's request, I have detailed below previously authorized General Obligation bonds, their respective projects and status. 1982BondElection- $ 900,000 designated for University Drive improvements Issued in 1983, Of remaining $803,200: $250,000 is allocated for right-of-way acquisition, $249,000 is allocated for landscaping, $304,200 is unallocated. 1985 Bond Election - $10,000,000 designated for street improvements issued in 1985, Of remaining $946,000: $581,500 is allocated for Locust Street improvements, $264,000 is allocated for Elm Street improvements, $ 43,000 is allocated for Teasley Lane Improvements, $ 25,000 is allocated for Archer Trail drainage, $ 20,000 is allocated for FM2499 engineering, $ 12,500 is allocated for Locust Street sidewalks. • 1986 Bond Election - Of remaining $3,872,000 authorized/unissued: $ 1,500,000 is for Fort Worth Drive paving and drainage, $1,400,000 is for a recreation center, $ 972,000 is for streets/transportation/traffic control. • If you have an • Y any questions, please let me know, RD: BE AFFDDEBr "Dedicated to Quality Senlce" • 0 • h '~onllaNo q 5"Q~ zo 95 CITY of DENTON, TEXAS _ MUNICIPAL BUILDING • D£NTON TEXAS 76101 T£L£PItONf(BII) 566.8307 Ottrce of the City Manager MEMORANDUM TO: Mayor and Members of the city Council FROM. Lloyd V. Harrell, City Manager DATE: June 1S, 1995 SUBJECT: CIP Blue Ribbon Committee At the last City Coui,cil meeting, Several Council Members asked that the staff return with more Information regarding the proposed Blue Ribbon CIP Committee. The following represents a response to the inquiries raised: 1• What type of bonds would be submitted to the voters? I All of the bonds submitted to the voters would be General OLligation Bonds and would require a 50* approval vote before the Council would be authorized to issue any of the bonds. In 1996, seven diLferent propositions were submitted to the voters representing the following categories: • Streets • Transportation • Traffic control • i)ra i nage • Animal C(antiol Center Expansion • ['ire Station and Equipment- • Athletic Fie:Lds/Neighborhood • Senior Cent:ere • Libraty Improvements • Law 1•irforcement Center/Court Complex 2, What would be the amount of bonds for which the , 8 City would seek a • O ~ pproval? The final amount: of bonds would be determined by the City Council. after a recommendation from the "Ucdicared ro Qua U1.1, Service" • a • ABffdBNo q5'00~-9 A~4Rt;affo ~ , CIP Blue Ribbon Committee June 3.5, 1995 NO$ Page 2 i Blue Ribbon Committee. In the recent past, the CIP bonds have been requested based upon a "no tax increase" scenario. If that is done for the next j CIP issue, it is estimated that approximately $27 million worth of bonds could be requested for approval. Although authorization for all of the bonds would be requested at one election, the bonds would be sold in increments over the next five years. 3. How many persons generally have served on the Blue Ribbon Committee? In 1986, 51 people were appointed by the Council. As Council Member Miller noted, each Council Member- was authorized a certain number of appointments with the Chair of the Committee being selected by the Council as a whole. Great care should be placed in making these appointments since the individuals will be asked to campaign for the, issue once it is submitted to the voters. i it 4. What is the role of the City Council vis-a-vis the Blue Ribbon Committee? 1-. 1986, Lhe Blue Ribbon Committee began with the ado,,ted CIP and made additions, deletions and al'.erations to that document. This was done following public input and taking tours of various city facilities. Once the Blue Ribbon Committee had determined their recommendation, it was forwarded to the City Council. The City Council O is the ultimate body which will decide what issues are included in the CIP proposal. However, in order to build substantial support for the package, great weight should he given to the recommendations forwarded to the Council by the Blue kibbr)n Comntit.tee. 5 Waat is the appropriate timing for the CIP • • election? As notes bast week, iL will Lake approximately six months between the time that the City Council • Q • • A~ssdaltsn ~ - ~ r ~ CIP Slue Ribbon Committee syl June 15, 1995 Page 3 i i,ames the Blue Ribbon Committee until a vote can be held on the CIP boi 1 issue. It is essential that this issue be submitted to the voters no later than the Spring of 1996. There are virtually no remaining CIP projects which have been authorized. Thus, unless CIP approval is gained fairly quickly, drainage, streets and other major initiatives will be slowed considerably because of lack of funding. I have included in the packet the back up from last week. I appreciate the Council's con ued consideration of this very importan matter, 10 Harre 1 City Manager LVH:bw AMM00684 Attachments j • • ~ p • genGaltem~ uLy~~ CITY of DENTON, TEXAS MUNICIPAL BUILDING # DENTON, TEXAS 76201 & TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM A00RONG ~2 A~ootlal#Lem~-- TO: Mayor and Members of the City Council f4k; L/~`~~~9 FROM: Lloyd V, Harrell, City Manager DATE: June 13, 1995 I SUBJECT: 1986 Bond Issue History In response to the City Council's request, please find attached background information on the history of the 1986 Bond Issue. The Information included in the report outlines the formation of the Blue Ribbon CIP Citizen Advisory Committee, Election Activities, materials used to educate the citizens on the proposed issues, and the bond election time table. Please let me know if I can provide additional information. RESPE ULLY S B ITTED: L1 yd V. Harrell City Manager Prepared By: I c Veronica S, Rolen Administ-7ative Assistant II e ~ • s "Dediearrd 10 Quah(:-.Sarin'" • • s A hirr;rd.,Ao s- oZZAp1NON~, 7 At ra~i:!lerrt l~S3 _ ® S CITY of DEWOM, TEXAS _ MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE M 17) 360.8307 ONIce of the City Mfnogsr TO: Lloyd V. Harrell, City Manager FROM: Catherine E. Tuck, Administrative Assistant DATE: February 10, 1993 SUBJECT: 1986 Bond Issue History In anticipation of the Capital Improvement Program, city staff had been preparing needs for a bond issue for some time before the 1986 bond issue went to the voters. Staff had identified needs and had a list of potential projects waiting for funding. In 1986, the voters had approved a $10 million street bond election to build approximately 14 1/2 miles of street and repair an r additional 20 miles of street. However, this did not meet all of the street needs nor did it address any other city needs. @351~_Ribbon GTP Citilea 1flyi"XI C et In July 1986, the City Council passed a resolution creating a special citizen advisory committee to provide recommendations on implementing the City's five year capital improvement plan as proposed by the Planning and Zoning Commission. A committee of fifty-one citizens was appoin,-ad in September with Hugh Ayer as the leader of the group which came to be known as the Blue Ribbon Citizens CIP Committee, Proieot eelsotion Five sub-committees were formed 'co study the five separate parts • of the CIP. The sub-committees were as follows and were chaired by the following persons: 1 Streets/Traffic Jack Miller Drainage Bill Claiborne Library/Law Enforcement/Court Joe Holland Athletic Fields/Neighborhood and • Senior Citizens Center Kathy Orr • • Animal Control center/Fire station Bob Gorton The sub-committees began with the city's five-year capital Improvement Plan, During three weeks of intensive study, each sub- committee held many meetings, conducted fact gathering ~l G? *7 ~qru 44 consultations, >.nd made numerous field trips. The five s a- committees met with citizens and city staff to determine the needs in each of these areas. F'--1 )Forts were drafted by each sub- committee in early October f; •eports were pared down slightly and submitted to the full l.. .bon Committee on October 13. A report of the proposed bond issue from the Blue Ribbon Committee y was presented to the City Council on October 21, 1986. The process that the committee used was explained as well as how the projects were narrowed down and placed into each year of the five-year program. Additionally, the Blue Ribbon Committee suggested that the a citizen committee be formed to ensure that the bonds are spent according to the use approved by the voters. The bond issue was also predicated on a no-tax increase promise to the voters, The City Council called a public hearing for October 28 on the CIP proposal. On November 4, the City Council passed a resolution calling a bond election on December 13. Election Activities Beginning in October, a series of articles were submitted to the Denton Record-Chronicle each week explaining different aspects of the cit:.zen committee, CIP process, and bond proposals. The City Council, Blue Ribbon CIP members, and city staff contributed to these articles. The same Blue Ribbon CIP Committee became the election committee and worked with volunteers on a publicity campaign. Blue Ribbon Committee members headed different task groups including a speaker's bureau, fundraising, special interest group representatives, media representative, public relations, letters from Council Members, and open houses. A list of the responsibilities of each of these task groups is attached. A fact sheet and a slide show were prepared. A speaker's bureau was organized and citizens spoke to service groups and a host of other community and special interest groups. Each special interest group was also assigned a citizen to meet with the group and ensure that information was provided. Special interest groups were subdivided into athletic groups, senior citizens and retirement 0 centers, Humane Society, Friends of the Library, Domino Club, ministers, Benefit League, and drainage homeowners. The special interest task group made sure that ;enders of the interest groups were informed, coordinated "get out the vote" drives, and sent a post card campaign. Another group of citizens worked on fundraising efforts. This d group finalized a budget and raised funds to accomplish the tasks 0 0 outlined in the budget. The media representative coordinated media coverage and recruited individuals to write letters to the editor. C Media representatives were briefed on the bond proposal and the publicity campaign. A press conference was held on November 17 explaining the availability of speakers, announcing the open • Ga 0 6 ~ zO_g,S oats - ~3 ? houses, and recruiting volunteers. The Public Relations `group developed campaign materials. City Council Members also launched a letter writing campaign to encourage individuals to vote yes for the bond proposal. The Council wrote personal letters to citizens from the list of voters in the last election. Typing was coordinated for this effort. The open house committee ensured publicity and coordination of two open houses at each of the facilities targeted for expansion: the Library, Police Station, and Animal Control center. The bond election was held on Saturday, December 13. Approximately 2,100 citizens voted. The ballot had seven propositions and each one passed. PraRositiont Karains Streets/Traffic 4:1 Drainage 4:1 Animal Control Center 2:1 Fire Station 4:1 Athletic Fields/Neighborhood and Senior Centers 2:1 Library 2:1 Law Enforcement/Court 4:1 Dr. Ayer felt that the success of the 1986 bond election was the broad offering of propositions. There were items on the election that were important and beneficial to most every citizen in Denton. Additionally, the Blue Ribbon Committee concentrated a large part of its efforts on selling the proposals to specific interest groups. That helped ensure that citizens would be out to vote for at least the specific proposition of interest to them and would hopefully vote on all the other issues as well. Dr. Ayer also felt strongly that the idea of a "watchdog" citizen committee gave everyone confidence that the bonds would be 'spent the way they were outlined in the proposals. The voters must be able to count on the city to spend the funds for the projects approved by the citizens. • This is a siunmary of activitieo coordinated to ensure the passage of the 1986 bond election. Attached please find copies of the resolutions appointing the Blue Ribbon CIP Committee, the bond proposals, questions and answers about the bond election, task force responsibilities, election activities, and a timeline of activities. ® Please advise if i can • • / L provide additional information. Catherine E. Tuck Administrative Assistant . Q . A4 diN0.9r o AgCri;iton R E S O L U T I O N WHEREAS, in accordance with the City Charter of the City o-f~ Denton, Texas, the Planning and Zoning Commission has submitted a list of recommended capital improvements to be undertaken in h. next five years; and, WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life of the community by providing for the necessary infrastructure, improvements and services to adequately serve the community; and, WHEREAS, the City Council has determined that It would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital Improvements plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That a Special Citizens Advisory Committee shall be appointed to make recommendations to the City Counril on the f manner of implementing the City's five-year capital improvements plan. SECTION if. That the Special Citizens Advisory Committee shall be composed of such persons of the community as specified by the Council and shall perform its functions In accordance with the intent of this resolution, as directed by the Council. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the dmy of July, 1986 i 0 F RD , -M49OR PRO TEM. !C Y -OF OENTU , TEXAS ATTEST: CHARLOTTE XLLEN, CITY SECRETAXT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS B-Y : SeN a 1'1N1 . • r -rte --Sl 6r h•••.• • 0 • ~'J~31id1ND. 92 ya,w .u - AD~rn; Itom_,6(1_SAjAgenda'Iem Date ( R E S 0 L U T 10 N y 43 l OO G SECTION I. In accordance with the Resolution of the City Council adopted on the 15th day of July, 1986, the following individuals are hereby appointed to serve as members of the Special citizens advisory Committee on Capital Improvements: Karen Abernathy Elinor Hughes Hugh Ayer Dave Krause Geneva Berg Jo Luker Homer Bly Darla McDade Bill Brady Jack Miller Derrell Bulls Allie Miller Lucy Campbell Ralph Morrison Mike Campbell Clovis Morrisson, Jr. Bill Claiborne Bettye Myers Jake Craven Kathy Orr Bob Crouch Lisa Patterson Bill Crouch Fred Patterson Frank Davila Millian P. Phillips Roberta Donsbach Harold Reed, Jr. George Edwards Larry Reynolds John Enlow Richard Salazar Hazel Frederick Joe Short Robbie Gober Chuck Smith Bob Gorton Sue Smith Helen Halley Don Smith Tom Harpool Denny Snider John Harris Donna Trammell Lloyd Hindman Ed Molski Joe Holland Donald Wright Ann Houston A. E. Myatt John Hughes SECTION II. Chat It shall be the charge of said Committee to make recom. mendations to the City Council on the manner of implementing the City's five-year capital Improvements plan. SECTION 111. That this resolution shall become effer:tlve immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of September, 1986. • R A if 11:1,111:05, MATUR CITY F DENTON, TEXAS A ATTEST: 1 C OF Ci#NTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY rF DENTON, TEXAS • • PHOTOCOPY N0. LL n ~;a ~Z - i~ y3 Dac~mbar 1a, tlpj Ira alclamNn a 19@q t Z p/~ & G G~! r3 Cfty of O'cled do Dentton E bond Pars sanoq SAMPLE BALLOT (OOLE7A MUEST UESTRA) Q t'lata an "X" In tM aawa tMalOa 1M stahn1a11r 111dlalkp t t ~ to rata. Nam" oon mw •M ° M aus" so VOW) ow Wits 4 manna an pus oul I WW f'mWowno" 00. t "Ww,{'q "m q ' ton M rAVO as n irrlcm arno ma ar e. Gans M won a A Awry ON Q M A t+Y10 r as rlMrgq PrAp wrioM w q w M0. s e. raMrwarau ~p ~ E ~ t :•AaArwtuaaMr111~1~ f, rrlom~A , ~ y ►ra lOMM0~y 40 p t Y, took k Y,r~f N -kt rt'99 a &a AMMtAMpMgtly' K bow sae YM71f M0. 4 RIIt1rUOq tib 101 ~ A hMl* M - ~ S Mh, 1 . Aaalar Ord ~ tt~ 110 ~ . , ~ 9 r?i~ 1baM PAM so or ~~1r ~ a a11a araoa 00 a aoeaao ' 01 r 14 06ls11q A11mY1M /tti{Ma"m N0. jll0►1wq HI0. M no 6% ram so tae em ft f Ma 1 rat M PAM r11a vw. A a! w uP% X111 a Au1laryweanal~^ 1'IwIM t =MtMtt # . • . { • p i 0 s PHOTOCOPY 0 F. P"ostTIOft NO. T 'ZG -9 S STREET&"VM MRTATI0knAAFFIO CORTRX nta ' iM► t°"'ra'" onwir..a ta.w aM'~ / ~l 04 3 . Mott ,r M lair ~tA'1wtrYt t ~w TOTAL L " M"Uft1 tx= t L~s.rT.w. MW PROPOWMW NO, 3 rr ~~r otw - w m " , ANIMAL CUMTROL CEIITEfI DIPANIIOMI ! MA 3w sm" fwn MtIW~ H.Mt pmmw LMr Fr Nwa~IM iw AWW owmw Cwr &*maw" ? ~ ~I H.IMpq 10x1 faw~+ erM~~w'r~.r w.OM FIM Roposfmm IoQ"A.,. 1 TYM~t/MTmfttM wr.~y, tttAt ATIQIr AIp' I,r14 ty.. ♦~+.+Mtr a•'A ~M>wt S ' TMMw'W ✓UW to kYlMI=~ f{( r^ MTV t1t a a~ ~ ti ~ r t t~tM w~tu t~ n!rir 1-~.~ I I v r IOWA. AMIIatM , is" / TRwIWt~ T' .v' r , i", Y M~ itE v ~>y P T e ~ L- 4A 1A • r low ~ #3 6I! I .A 6 _w20.9 s a c6 y ® r cN ~m d 115 E. McKinney _-BULK WE Denton, Texas 76201 U S Postage PAID Denton, Texas Permit No 464 VOTE Dec. 13 - Civic center, 321 E. McKinney .v~ ti..t1y nR Hit +R NM ~'Jri i rx+ xr.t zc ern n Aeftu~ ybno~yt .Sepuo y~ xz^_r:5zf w d c; ~ e, A 8 FWA 5rr~oat i AauwAO" 3 StZ 6u pi n8 ied O unyl fD qt _Ur1urN ' xx."15't1 6U110A ~xru e91UesgV • 0 e e; YO THE UCONCE ffici CITIZENS Of DENTON: wW IM 7I7 raNNr. se1W/Map` ,1oK•7 whr 04 4"H lw MN" W""""I~ The Uecambe 13, 1986 bond election Ior the pro No. r~R171 imHUm doNNa wui lung, _ro yea prop IO,w a W, 11. of Ib•ra a4 prowhy Iwo rWrNUOO cenlels noon+nl N,a posed llvc year capital improvement ploijem is one of IM eulna fro DaWa rlllhoadd aKhyW lhollWbundawllt.IM IoulnwNl West of IM GIy IINn p'n«In Ml o[wnW In m. lie sold mill IMP Melryatt. twin ll bra Iwo alien (MINI NeMh Isla roust crucial Issues lathour eomnluni Today We •Aa g Y 0 ,g mar) low have responded to twenty two quesllons that appear to Nw ill* mT me"hN~ of YN am" 71 r ONO"aw pgrselk tho marlmwn, ",,P ynlN'M MO 41nN11MItMMI Ur l,,,n be poillcularlY important while realizing that ever lies W-O"dt IoM bllm N/ Wing NIl w1 AM*,Al r DODO IN., pill Nw. Yq he 1,, to J a rK."N. until to rarW seen NM ul our Iron, no mailer how big or small, deserves an answer culranlly. 771 of IM cur arc N+Y of 5% per Ilop+aluarmn N drolpli cNnmunlly s,)7 Many of MeseglJeellons were asked by members of toerNd gHgmonl of pitting 0101 IM 71 rmullun dWW bOOW dou• The Clly Councll, Cllten'e Blue Ribbon Advisor Corn Fee D••n boV owW M mss lh o will be M anise" In Ilea ,Pal I a'ey4 spooradel all IM 6~ CNYaw C~n•NlNwyf Y NI Mho popall cM M a o,g wrlhour a NI tent'"'/ Billies end Planning and Zoning Commission upon Ins D•nlwa01dley poownwncwuhamN logo«and semMes lw alraca Illal review of the recommended program Several public Nw Was m oew WWI IM III11I ww in wise ter lip NNnsee ww, ale KIIvilM 1401 OF ON as reral Awlw nvelPUrPOae 1 COOT, sell eII heaongs have been hold and slier eight months Ol 111. peaty it YN p01NaN•ls gpwmT thM,IWMroom, tel4 Mdtrella loom, fNNlh ecrewvr+pp room mwurry Inoss planllmg and study, our groups unanimously TM 01, Countil nos already edapsd • (O"odlon In,' gl/WINy/ a ciapp, anal Chit" W poor. W N Pro or IMpreeap0•.Wei0o a. apKral moan l honforf's DoNO Mounw a at the Ill Itlbaun PW a~0M eke wl IoW Yw oIIIM WIMO~11wD* WI IdW~ agree Mel all steel) propositions end earh spec ilk p/a Gl1M'v Ad+nurr Commlllel all be Npo mow 10 IM board baC•vM loci Is n^feded to help solve problems that/NIst today. tiler N. nw01 lemn,N wuntM polKU Iola crunn4 group WiUremNn I wwr ew Y'aaa ~ 1141a bap++pewaere eaaaaeeyT We are aleu quite ploo"d to announce that the capital b, place o+N IM NeJ Ilia of IM proa,do stew a 01alta had vol Improvement program has been structured sO IMI Ira ab r.rporl wM1l M mad PLIOCIse 11 Will dart/ a rote o, mo. 1 alien II IM Denim two cry IRrllle l NAWk NNYIIw, WW N we Ohm, most NMI j dlflonal Increase in the tall levy Is r ulreJ to lund the all No aolwy ulad rllnM100nr tea lWWe NpMMa D*Mw Wwnael"^r eq JKWIIN Then c•wn.llN, cap al lm, to a" gild" at COmpN4b!l ells Roll! a program Owl"me*", eppeN a bwlld Yam he to""? Ihie bald INo a roust p[I.M Nnstlgn ho.dl to 001 lour (N treodin ! We hope you will study the facts carefully and vote eat A NO rrAdlm ftW Beset ptrgrlm war atpl"d In IN4 Nan, of aleIaal21(Cress base at release Nydial sends ra{Ny w e.NIMp wll 1 on all eeven propositions on December 13. IM NINI kr,wo Nnlshone man m•da and rho plow" N tmnrui DO Ono] IV bNIb01l. IrnPro+up hold No 1, ale dswNphp ll No1 If{{ Sincere lhanks and appreciation, atc4rrrtp fU KMrM rwr 1111 ho aullbal INNS spej of fli like,O g011[Mnn.rll b I dour be dNelopw r I1onA to" Pre Iwo all; III O"fit •1 of I f~~t le ate pepsin Nr►I NO Awww lrlNadad of ew$~# and Nrlk IWO NN M rn1lroeed pfd IN M 60"Na it" dMM prpaaakrlT DenNPry. IAaN ImpOV 11 Illy &K" ION IM plwin of IAose ells" ' No 140".•r, IM cdoim lmpor•mMl Nowell Include IoM, to Fropmra flay $IBpIlOn 9, Mayor ND molislvpestl ANnminlltm N l lo4olmlrnm Mlrpoeoedlo j J UnI+aNlr China ANO, 11 Is lot Iha1 Of" ANnu4 flank wall W p Hui M od/11k" q4 ahoside ale oqVw*M ayrea I 1 r i, , , r•M•r•d by aonw of in* Nna 1rMlk Napa ranml proposole in this Wool Isyay ay demNetY•a of east a Y N M to wIM twos, eK1.4" /.NMIm of "k p w Drl" and Vproe.mMN tam"" seal M p j Meted in a pnMaw Mlle akaaMT I rI1p0 a0e0 yN Forge Mae spPlo pad la so Wdil fort hobo ON IM7 IM mNNy Ifugh Ayer, Chairman wen IN Cllr pay we IoW earl at 4Naae4~aarwatoo M 000 aN Ndlrr Is in all wel l rN ten station door be con111KIW In IMI A IKedo fill/en's Bhle Ribbon Advisory Commlfioe rasMrlMNllpMaaa. anlFetl Wael Olwkseeua. IMAllleaJ Nuelylw eAOarel IN Nelda IM IeolMs$JfJIms RIOrdN locomteholn a" DOW IW ood retard 101 to+e'+aee red . reeponp I Ines 01 1 to ! mllWlaa I IAN bond le WIN po.bN Nee" Ir • We OW ion IMI would NOV. f~lr, No Thous 3w US 171 Wloop Ml NlpONrMnNCenhopNOfprn be prNI in "a tm fro n Will be NGNd in iM horw,"$k j both awen IMI P1 I4se1$4 90 111 $tale r f ldao Nlahis/ Funds eW rho arm b"Pa"a 07 NN Cary Hill Claitlorne, Chairman WWI m lM potKl la tea/ 1110 t 4,Nled h' IN 1r of 0"J 1"wi r `I ng slid Zoning Commission Nar twee on "Ooft rraesa POW" e•Y•iad) The ewly AerN coon Cmw war bum "A ao.vpw Y wf, My I M dWMw P, Ow Is was BOKW bo"d m bl.mmNN naps ale {M do IN"Mm Can w NMa#"m t BOND ELECTION p1NMIW W4WI m law rl l rvA.Ibr of r1laldan11 In IKI, M Pro The numlw 0 wpMN stw"W in ten cowl Iw RICINeed on Nr OUESTIONS AND ANSWERS WIN l Klfsed In rho pay" IN Ohio N.Kr p on NNya of /a% We "ill a wm" of 6lOr of 0.124 wmW "WNW In W" ten clew a tyKNy is INW N ryy 1,700 /Mmra pal fir u who' N Why M w dome • L I- ldolaro/wr"., C400W W Cegrn. dlse'r Yoe TM emanate as b" to crowded Woo IN JW%VWl,,hN W l mars ppNM aW wMn1 Pasta a4pMNNM owl Aeem'sae tw 1aI111e111 aN Cry rile hrINYp1 had hill PIOdKNNIy 11 pelear befo1d0 Y a f WAI A (M [WNMa 11, IoM NI ny41NW .ours In IM Cho al n•nlm «AI IM "its DOWI111en[ now Nrle IM rlno.am W qty "I bOINMg • ho.• t tnaMe to d1<IO• aMtnN A 71 / 11,41110. 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( Me I l lion MMWpINa snan had k : 4onnN Id NO hoWW Wlrmlte 10 we W4 "we bilk NWOrpll nNd thape ere /1o ON't lw ape edd IrNaprnde oMN11f I 19 to 1 l Y y rut sow e 1 IPN 14 b Thal " 01 rKOar1Iaa1/led If ImMNd Op NMONdldad 0 eRp a0 pow JIM I boa 10101 Nee. - erA4 wise 411,41111, IN1da Ne'.ghDpnurl W Woo. tr~P.K~~a ~ ~ will Wilh off 04Ol C rw ,1,/w,aye life COWl ~r, low IM CWIenl pOrdllp pO Irldhob dal luture pOrIR 1 0 Nw low Nn of IM IM NJ mrN MIr[MIwn1 sad rklpN ruMlNnl Mhsr~. 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'llr uryemrN,ors end No .4N0. hus owl label war he/aon N No W COO IaN N Nra Parka sespMl dW wW tMl ll 0 hollr fu sap ar1Nl ll 1a r..n lRel•Ir Lbunul MIIIMIrnnll abran wrrwlia.nenl nrlnsNiNl wd aMlll ,Ilerel Ne`1M IrIM/mra cWIMICI 00"01 $1*,. 11n4 1o 01/dr MN ON Cloth K almal do [ nI we,',m Glom 4tllu. R,tA1un Ad near CnmmrllN 4o rurtn4J ins now+alln0 IM W0111r hall L.Imn1 Nd Not 1 mil/ still c[wt041PInq IM lea y e, or IM PLO I. w Ilrwr PilAwn Lumnw Of. Cur V,, NJ and PI/AmR0 sod 1on11. 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LNdlonrry I" Ubl/M Mal Don /.IN) to pup Iron) «lil NM Ira uP 019PO oy Needed 11MU arq T11 eI IM p t ;.,.r bni.d nature terupl. wn"1.1.0.m./troul farm, me otl."b kuaJpN eullstrp Wpe wen ten l tmNO N l Mw down MM 60" Ir, Iv..p ao. I w Iw.n wnh liar It he dr, 1. and Ihip ,1 nr l u/hr 1.. rm11 41bna ImA AtI IM (Illy Mans", I wobi^I puUlnn N. bop J .dh out (ow1.1 nae.11 T,I Uor•hrprrnmt N) W4minl 11 wee. Pike ur If'. pax a • w • egenaaNo . •c . Agenda Hera U.,~ ~ DRIP TASK MASTER RESPONSIBILITIES V1tinNu q .3 " Ina) A. Speaker's Bureau Fask Master - Jack hiller j6 vp~Q Assistant Task Master - Lisa Patterson Staff Liaison - Betty McKean 1. Recruit lay speakers i. Contact all clubs and get on programs 3. Inform lay speakers of obligations 4. Coordinate with Assistant City Manager Betty McKean 8. Fund Raising Task ,Master - 1:eith Appleton Staft Liaison - Lloyd Harrell 1. Work with Campaign Chairman to finalize a budget 2. Raise the required funds ( C. Special Interest Group Representatives 1. Meet with group and inform about the issue Z. kncourage to vote for all issues 3. Insure group leaders contact members 4. Insure group organizes a ''get-out, vote" effort S. Prepare post cards promoting the election b. Special groups f a. Athletic Groups Task Master - Mike Campbell Staff Liaison - Steve Brinkman b. Senior Citizens, Retirement Centers, High Steppers Task Master - Hazel Frederick Stakf Liaison - Steve Brinkman C, Humane Society Task Master - Roberta Donsbach Staff Liaison - Bill Angelo d. Friends of Library Task Master - Georgia Caraway Staff Liaison - Joella Orr e. Drainage Homeowners Task Master - uon Smith E. Domino Club ~ Task Master Las Holland • • Staff Liaison - Steve Brinkman S. Ministers Task Master - Bill Crouch h. Benefit League Task Master - Donna Trammell • • apeeaa 4a _ 9 ° c c 7 . ApenW tam G; at' ~ Task Master Responsibilities 014 a-iG-93 Page 2 ~gendaNo. ~ D, Media kepresentative. agendaltA~ kJ 3' Task Master - Bill Claiborne Statf Liaison - Rick Svehla 1. Bri:~f media about the issue (Channel 2S, Denton Record Chroaiicle, University Papers) 2. Coordinates coverage and appropriate presentations 3. Recruit individuals to write "letters to editor" in support of the issue. t. Public Relations Director Task Master - Joe Holland Staft Liaison - Betty Arc Kean 1. Develop a campaign slogan and committee name 1. Ubtain approval from steering committee 3. Develop campaign material as required F. Letters from Council Members Task Master - Bob Gorton / :)taff Liaison - Lloyd Harrell 1. Obtain personal letters and marked lists from Council 2. Arrange for private typin of all Letters 3. Arrange for mailing of al letters by 12.8-86, i (J. Upen house Task Master - Tom Harpool Staff Liaison - Rick Svehla { 1. Coordinate with City staff regarding arrangements. 2. Arrange publicity for event 3. Arrange for refreshments, etc, • C 3160M/111087 • a +Qenaa Va 7, Agenoa ~tem_ C c c y' ')Ate - - ll3 r eLBCr1UH ACTIVITILS r,OrdsNo,.4S v 1~1 r.a'a11om A. Prepare Fact Sheet B. Prepare zilide Show (1S minutes) and script 7 C. Letter to all Boards and Commission Members Erom the Mayor with Fact Sheet D. utter to all boards and Commission Members from Hugh Ayer with Fact Sheet F E. Presentations to all service Clubs and appropriate special interest groups o Service Clubs o Chamber of Commerce o Firefighters o Realtors f o Police o School Teachers (TSTA b DCT) o Bar Association o Black Community o State School o Hispanic Community o Dental Society o eonefit League o Medical Society F. Fund Raising G, Special Interest Groups (contact, inform, get out vote) o Athletic Groups o Retirement Centers o Senior Citizens o Domino Club f o Humane Society o Ministers o Friends of the Library o high Steppers (Senior o Drainage Homeowners Citizens Dance Group) H. Media - Record-Chronicle, University Press, CATV 1. Speakers bureau 1. Lay persons 2. City staff s J. Letter from City Council to friends K. Tours of Police, Library, and Animal Control L. Letters to the Editor l 3i53M/111086 • • ~pena~ Yo ` Agema I I 'o-`/ Dots _4 „ 13 /_3 1986 BOND ELECTION TINE TEBuR ~"ipodAfo July is City Council passes resolution creating a Special Citizens Advisory Committee to implement capital Improvement Plan September 2 City Council appoints fifty-one member citizen committee September 1 First Blue Ribbon CIP Committee meeting; sub-committees appointed September 4 - 30 Sub-committees collect facts, most with citizen groups, study needs October 4 Sub-committee reports forwarded to Blue Ribbon committee chairperson October a Sub-committee chairs and Blue Ribbon Chair reduce project list and finalize proposed projects for each year October 13 Full Blue Ribbon CIP Committee votes unanimously to approve final CIP list October is Planning and Zoning Commission unanimously approves Blue Ribbon CIP Committee report of five year plan t October 21 City Council received the Blue Ribbon CIP Committee report of five year plan October 28 City Council held a public hearing on the proposed CIP recommendations November 4 City Council passed an ordinance calling for a bond election on December 19 Noveaber 17 Press Conference held e December 13 Voters approved all seven propositions of the bond election 0 m d 0 C. ~ ;`r ,S s e ~ • o w o • A"Na "f!5 -c" G, alts 2 O / cf CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E. McKINNEY a DEN TON, TEXAS 76201 (817) 666.8200 a DAN METRO 434.2629 MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer DATE: June 16, 1995 SUBJECT: RESULTS OF THE 1995-96 BUDGET PRIORITIES QUESTIONNAIRE Please find attached the results of the 1995-96 supplemental budget priorities questionnaire. Responses from each questionnaire have been tabulated and ranked by average score and by priority of response, You will find attached a summary of your responses regarding the specific policy issues. Please let me know if you need additional information. Jhlb Attachment AFFOOE82 • J "Dedicated to Quality Service" • ) Id N E td~ l E't • • 1 RESUTAN 0111111i (:1'17 COUNCII, oa/is 1995-96 SUPPLEiMEN'l'Al, HUDOli'I' PRIORI'll1S QUIiS-110NNA1R11 p xu>uIx ~xcuRluwrl~wRr•° y~`7JESf1[>il(`(U... QZ~:.. I UMTAKIIAU.Y XMIM CUR RWrRF KT RNWI-N(.Uamwr Kmk f COKIINUx l.\J RUMa MOST IMTA 4J,Y , U ILFURiA?n KiWJ.Yt Kf,RN-A1H CURRF°fl' xPP/IRT 6 LoD INTi/Alx NIM HMXT 7 RANKED BYAVERAGE SCORE ~@vs, r ~r ~>S~ v~ A ~;~uf' h~ ~ ~'~C 2`h 4 4~ ~ e~? N .P( ~ ~ • ~ ~'1K+~rV~. EMERGENCY MEDICAL (AMBULANCE) 3 6,00 6.17 f FIRE PREVENTION -35 6.83 6,00 STREET CONSTRUCTIONIREBUILDING 34 5.67 5.67 STORM DRAINAGE IMPROVEMENTS 34 5,67 6.17 FIRE SUPPRESSION 33 6.60 5.50 l WORKFORCE DIVERSITY $3 5.50 5167 J STREET MAINTENANCE/REPAIR 33 6.50 5.50 LANDFILL 32 5.33 5.33 POLICE PATROL 32 5.33 4.67 DRUG ABUSE/ENFORC£MENTPROGRAM$ 32 533 5.67 CRIME INVESTIGATION 32 5.33 4.67 JUVENILE JUSTICE SYSTEM _ _ _ _ 31 6 17 - --_-_6 33 _ LONG RANGE COMPREHENSIVE PLANNING 30 6.00 5.17 CURRENT f OTEL TAX CONTRIBUTIONS 230 9 LITTER PROGRAMS INTEF VALAUDITSERVICES 29 483 3,833 - - - - - - - AIRPORTDEVELOPMENT 28 467 5.00 MUNICIPAL COURT 26 4.67 5.00 ECON DEV UTILITY INCENTIVE LINES 28 4.67 5.17 \ PARK MAINTENANCE 28 4.67 4.67 1 DEVELOPMENT REVIEW PROCESS 28 4.67 4.67 YOUTH RECREATION PROGRAMS 28 4.67 4.67 ® LIBRARY YOUTH/CHILDREN'S PROGRAMS 28 4.67 4,83 EMERGENCY PREPAREDNESS (MANAGEMENT) 27 4.50 4.83 ECON DEV INCENTIVES (TAX ABATE, ECT.) 27 4.50 6160 PUBLIC TRANSPORTATION (SPAN, ETC.) 27 4.60 4.60 ANIMAL CONTROL 27 4.50 4.67 WASTEWATER TREATMENT PLANT 27 4.50 6.00 f~ LOW & MODERATE INCOME HOUSING 27 4.50 4.50 i • • SENIOR CITIZEN PROGRAMS 27 4.60 4.60 i 1 PERSONNEL RECRUITMENT 27 4.50 4.33 CIVIC CENTER MAINTENANCE 27 4.50 3.83 RECREATION CENTER PROGRAMS 27 4,50 4,00 COMMUNITY ORIENTED POLICING (COPS) 27 4,50 4.50 -------3.17 RECYCLINGE EF F - 26 4.33-- FORTS .33 3.17 E► 0 I c~ 0 RISUI: [;S 01"'1711+. Cl'FY COUNCIL OBIT 8196 1995-96 SUPPL1iMEN'I'Al. BUDGEs'i'PRIORI711?S QUliSI'IONNAIRE HIJIUNnItI CtIRRNIrt wwRr I - s a-^ ANIIAILY RNDUCI. 01/1114 r NMYIIT RftDINai CO RllSIff FA'IORI j iT~Ia ICf11_iIC•:-.(1~.,•-L~r.Jll-......---.LL6-- CONIWUNI.URAWII'MORI INCRNASACURAUNf MURK S 3UBSTAK"AIJ,YWCRN.MT,CUARI9R' YJ4ORT y Q~ INT11AWANW MORI' 7 ✓ RANKED BYAVERAGE SCORE LIBRARY REFERENCE SERVICES 26 4.33 4.33 LIBRARY AUDIO/VISUAL SERVICES 26 4.33 4.33 EMPLOYEE TRAINING/DEVELOPMENT 26 4.33 4.17 BICYCLE/HIKING TRAIL DEVELOPMENT 26 4.33 4.17 ECON DEV UTILITY INCENTIVE RATES 26 4,33 6,17 NEWATHLETIC PROGRAMS 26 4.33 3,83 HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 26 4.33 4.67 STREET SWEEPING 26 4.33 4.17 ` CITY BEAUTIFICATION 26 4.33 4.33 TRAFFIC SIGNALIZATION/ENGINEERING 26 4.33 j NEW PARKS/PARK EXPANSION 26 4.17 4.17 .17 SOLID WASTE COLLECTION 26 4.17 3.33 LIBRARY PROGRAMS (IN GENERAL) 26 4,17 4.67 WATER STORAGE/RESERVES 26 4.17 4,83 GREENBELT SYSTEM PLANNING/DEVLOPMENT 24 '600 4,00 NEIGHBORHOOD SERVICES (NICE, ETC.) 24 4.00 4.00 ENVIRONMENTAL HEALTH (INSPECTIONS, ECT.) 24 4.00 4.33 NEW ATHLETIC FIELDS 24 4,00 360 LIBRARY EXPANSION 24 4.00 3.67 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 27 4.00 4,00 `I RISK MANAGEMENT 24 4,00 4.00 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC,) 23 3.83 3,83 0 CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 23 3.83 3 b0 J INFO/DATA PROCESSING SERVICES 22 3,67 367 BUILDING INSPECTION 21 3,60 383 LEGAL SERVICES 21 3.60 3.87 TELECOMMUNICATIONS SYSTEM 20 3,33 3,60 DEMOLITION OFSUBSTANDARD BLDG 19 3.17 4,17 © PARKING/TRAFFIC ENFORCEMENT 19 3,17 3,60 O ELECTRIC SERVICE 18 3A0 3.17 SIGN VIOLATION ENFORCEMENT 18 3.00 3.60 OTHER; INFRASTRUCTURES 6 6,00 700 c:uz,u:auwr~v~uiunNxe~toulasr~r.~vx 1 • a> • I RISULTS OF'11111 CITY COUNCIL oy~gpp 1995-•S"i SUPPLIIMI?NTAI. iii'DGL7' PRIORI'I7IS QUE9170NNAIRI3 no oKm" lajmmTHCURIRNCRPWRr lEDUL'NilAL1,Y R8017C8GLIIR7VfT SPORT 0 []TRRWIT R7{bRT RSOIK7 5 h` . CWIRRl19CORRIVR wmR 6 - TD . 91$- MCRHAtR CUR RRIT RPR7IT ~ RURKARTLVLY CICRRASR CURRIV rmwoRT f [RRIAIN NM HMRT RANKED BY PRIORITY OF RESPONSE EMERGENCY MEDICAL (AMBULANCE) 38 6.00 6.17 STORM DRAINAGE IMPROVEMENTS 34 5.67 6,17 FIRE PREVENTION - 35 _ 6.83 6,p0~ WORKFORCE DIVERSITY 33 - 6.60 - 6,67 DRUG ABUSUNFORCEMENT PROGRAMS 32 5,33 6.67 STREET CONSTRUCTIONIREBUILDING 34 67 _ 5.67 FIRE SUPPRESSION - - 33 6,80 6.60 STREET MAINTENANCE/REPAIR 33 6.60 60 [ECON DEVINCENTIVES(TAXABATE,EC27 4,50 660 JUVENILE JUSTICE SYSTEM - 31 6.17 6.33 LANDFILL 32 6,33 _ b,33 LONG RANGE COMPREHENSIVE PLANNING 30 - 6.00 6.17 ECON DEV UTILITY INCENTIVE LINES - 28 4.67 6 ECON DEV UTILITY INCENTIVE RATES- 26 4.33 5.17 WASTEWATER TREATMENT PLANT 27 -4,50 6,00 CURRENT HOTEQMOTEL TAX CONTRIBUTIONS 30 6.00 6.00 MUNICIPALCOURT 28 4.67 6,00 AIRPORT DEVELOPMENT 28 4.87 5.00 WATER STORAGEIRESERVE3 - - --26 4,17 4.83 LIBRARY YOUTH/CHILDREN'S PROGRAMS 28 4,87 q,89 [IEMERGENCY PREPAREDNESS MANAGEMEN 27 4.60 _ 4.83 CRIME INVESTIGATION 32 5.33 4,87 • LIBRARY PROGRAMS (IN GENERAL) 26 4.17 4,67 POLICE PATROL 32 6.33 4.67 HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 26 4.33 4,67 YOUTH RECREATION PROGRAMS 28 4,87 4,67 DEVELOPMENT REVIEW PROCESS 28 4.67 4,87 PARK MAINTENANCE 28 467 467 ' 0 Al' VIAL CONTROL 27 4.50 4.67 • • LITTER PROGRAMS - 29 4.83 4.60 COMMUNITY ORIENTED POLICING (COPS) 27 4,60 4.50 SENIOR CITIZEN PROGRAMS 27 4,60 4,60 PUBLIC TRANSPORTATION (SPAN, ETI,' 27 4.60 4.60 LO_W 8 M_OD_ERAiE INCOME HOUSING - X27 4.60 4,60 LIBRARY AUDIO/VISUALSERVICES - 26~ 4,33 4.33 - - l • e 0 a ItEsul:Is 01+'17111 c1TY COUNCIL ou,Rroe 1995-96 SUPPLIiMEN'PAI, EIUDGIA' PRIONI'1THS OLIF, 91 IONNAIRII f Noonxwx o =1WWAm CU1tKW'17WRT I S1j SURSTANIwLVRffi1VML''U*RWrtM 4RT 7 iI "'I RIIUIIC'UMARNNTICTURT S l' •i il,~•_••- ••c•.••_•„•• f cON11s" Ili RRAwr WPM 4 b-ZO -9J INCARMHI.URRI MURT 5 somrArmAmY INCRN.VN UUN. MWAT `A~ N4fIU7N NNW xYYUMT 7 RANKED 8Y PRIORITY OF RESPONSE w~at~ 'R`S 1 y\ ~ ~E'.4I 7'tY~N4~' ~ ~~~~•5,~'~`~'.,', H.,~ e.: r tS N 'AF i ~ Ufa. f' ~ . LIBRARY REFERENCE SERVICES 26 4.33 433 PERSONNEL RECRUITMENT 27 4.50 4.33 ENVIRONMENTAL HEALTH (INSPECTIONS, ECT.) 24 4.00 4.33 CITY BEAUTIFICATION 26 4.33 4.33 TRAFFIC SIGNALIZATION/ENGINEER1N6 26 4,33 07 DEMOLITION OF SUBSTANDARD BLDG 19 3,17 4.17 STREET SWEEPING 26 4.33 4,17 EMPLOYEE TRAIN IN G/DE VELO PMRNT 26 4.33 4.17 [ BICYCLE/HIKINGTRAIL DEVELOPMENT 26 4.33 4,17 GREENBELT SYSTEM PLANNING/DEVLOPMENT 24 4,00 4.00 NEW PARKS/PARKLXPANSION 25 4,17 4,00 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 27 4.00 4.00 NEIGHBORHOOD SERVICES (NICE, ETC.) 24 4.00 4.00 RECREATION CENTER PROGRAMS 27 4.50 4.00 RISK MANAGEMENT 24 4,00 4.00 BUILDING INSPECTION 21 3.50 3,83 NEW ATHLETIC PROGRAMS 26 4.33 3.83 INTERNAL AUDIT SERVICES 29 4,83 3,83 CIVIC CENTER MAINTENANCE 27 4.60 3.83 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) _ 23 3.83 3183 LIBRARY EXPANSION 24 400 3.67 INFO/DATA PROCESSING SERVICES 22 3.67 3.67 • LEGAL SERVICES 21 3,50 3.67 TELECOMMUNICATIONSSYSIEM 20 3.33 3.60 PARKING/TRAFFIC ENFORCEMENT 19 3.17 3.50 NEW ATHLETIC FIELDS 24 4.00 3.60 SIGN VIOLATION ENFORCEMENT 18 3.00 3.50 CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 23 3183 3,50 e SOLID WASTE COLLECTION 25 4,17 3133 • 0 ELECTRIC SERVICE 18 300 317 i RECYCLING EFFORTS -_26 413 3.17 OTHER: INFRASTRUCTURES 6 6.00 7.00 • Q • Hollow am sped e w ns or direction given I n s u by Individual oune mom bets or development o the J995-96ennual budget. Comments Included In brsciegs wze ]averted bysfafl'•fo.-cfsriricAUoa purposes, Develop a firefighters volunteer reserve, Same training as full-time employees. wtaNcl Z 5' I'r SPAN - create "roverse" routes so passengers don't have to make round trips, I, plrl; lfpv .I Add more firefighter-XIMS personnel. Increase efforts to diversify the department. 6 ' z0 "~l is New pi;yground equipment for Fred hfoore Pork, also newrestrooms for East side of park, thre e nowwator fountains, picnic tables. aew picnic provision for northeast side of the park. IIighest Priority - additional frrcfghtoWOOouukfe experts to help plan placemenIoffiro sutlons At Insure adequatecove rage for downtown, r To build a pub3ic across from Martin Lu01crKing Center. Repair crossing on Prairie nest to Dorston Cone re to, also concrete dra in that runs from Den ton Core re to to Pccan Crook, both sides of old market track. [In regards to airport development] our weak link is out 17130's. Develop plan for rc-opening fire station N 1. Further streamlining development process, To create a new mobil Library system. NewAthletk Programs (especially Adult programs are not adequately financed oroperated), No more park acquisition (unless it's "pocket parks" for neighborhoods) until what wu have la developed and we have adecimic funds for mainlenancc. Make TMPA a priority- especially its Joni,-term competitiveness. To build a senior citizen building on the southeast section of Fr_ I Moore Park, I Could we eon(ract out", poradic activities" -like kveping),oung trees alive? i Community Calendar (including Universities) on computer and updated daily. We ncod minority Firemen. Neighborhood associations covering entire ciliy;bring theminto CIPprocess Developneightxrrhoodbaudw;rvicodelivery- matching funds for neighborhood projects, latcourage the rebuilding of the west side of the Court horse squaro. } Continued strong support for VISION. Work sonic vision ideas into this year's budget and CIP, "fhe cslcmion of Newton Slrcct Io Slail Sirce6 a hincenlims for Developmcnil -not in a vacuum. lachcau on ll'sown. clip. i OetCity completely on-line, Accessible to any internet user around the world. bring comlwloroptrations Into 2istceratify. Linkup with Universities, DISD, tusinesses, O Improve die entire development and development reviewprocco. Truly streamline the proven and make it user friendly, . • J 7Theconcreting of Willow Creek from KerleyStrcet to Pccan Creek. Civic Center -improvements to make it more useful, especially improved acoustics and a kitchen. Renovate the currentplayground equipment in Fred Moore Park. Stnmr drainage improvements need to ko done not with CIP funds but with user fees O . Below are specs w actions or direction given to staff by ual runt mem rs or development of the 1995-96 annual budget Comments included in brackets were inserted bystaff forclarifladon purpoeee Provide support for the community's visioning program. rS ^ G Z z 1 1 i 2 h 0 .Y` Repair railroad crossing on FAst Prairie Street. Cable'fV - alternate Manoing options to expand service, A~~Ii ;ci ~Of)1 S G__-.Z :.ygs The concreting of Pecan Creek from Bradshaw to the Phoenix Park. C/o 7 Oreater ccma!rtretion on doantoom, Begin to implement 'Pla' Vision group recommendations. T , build industrial road to Mayhill Road, Improve access to airport area. Make airport operations more professional. 1 'Rte concreting of Pecan Creek from Sycamore to Fast of Audra lane. Start to Implement Solid Waste Committee's recommendations. The extension of Morse Street to loop 188. Include "ittranceways" Vision recommendation In budget and In CIP, Resurfacing of all streets in District 1 that are in need of repair. C:1123R2.'kM UD96\BU DPRLP1QUliSTl 1, %%'KI I r I . a ~ xi a E r ! E s.N ra s+. . r~ , e. Lb- i 1 t ® ,6 c 0 ~l • • AV*NO June 15, 1995 / ~ l 2 Subject: Mosquito spraying by the city Dear Mayor Castleberry: We are grateful for the opportunity to prc;sont our position on the spraying for mosquitos by the city. We are opposed to the spraying fcr a variety of reasons. They include the following, 1) The spraying is by no means harmless. Indiscriminate application of any broad-spectrum pesticide always kills many more beneficial organisms than pests. This creates a possible disruption of. many natural balances. We still have a very poor understanding of all the intricate connections and chain-reaction consequences of such spraying, but we know enough to know that many organisms other than the targeted pest will be impacted, f 2) Nothing produces a very dramatic decrease in numbers of adult mosquitos. Dr, Mike Merchant, area entomologist at the W A & M Research Ctr. in Dallas, states that fog spraying has little effect and is basically a political response to complaints. Some cities in the northern U.S. that sprayed heavily for mosquitos for many years finally realized the situation hadn't improved at all after all the effort and was quite possibly worse. Most cities in our area have abandoned spraying except for spot spraying in response to encephalitis monitoring. 3) Mosquito populations naturally rise and fall. A few weeks after any big out- break resulting from a rainy period, those adults will die off and the population will dramatically decrease. I3y the time the city has rocnived complaints, decided to spray, advertized the spraying, and finally executed the spraying, the mosquito population has always been in a sharp decline anyway. Effective mosquito control primarily depends on controlling them at the larval stage by removing stagnant water sources or treating the water with a larvacide, City crews are already putting "mosquito dunks" into publicly accessible ponds. This is a very effective natural control that affects only mosquito larvae. Many cities af::o introduce Gambusia (native minnows) into ponds and intermittent streams. There are many natural predators of mosquitos, either adult or larvae, including birds, bats, dragonflies, praying mantises, frogs, turtles, lizards, geckoes, spiders, ants, and mites. • There are natural mosquito r.cpellants that people can use to reduce mosquitos around patio/porch areas. we would recommend the following alternatives to any city-wide spraying: 1) Start an intensive informational campaign to alert citizens to eliminate or treat sources of standing water, 2) Get bat houses and possibly purple martin houses up at recreation areas, w 0 • • AgemfaNo__ S Agondaltom S 2 / rUo_. 6_-M, 2.02 12 3) Begin identifying problem areas (where the most complaints come from, etc.) for future spot treatment of some type. 4) investigate the feasibility of releasing dragonflies in problem areas and of spraying recreation areas with garlic/herbal sprays prior to sports events, in summary, we believe that city-wide spraying is both ineffective and irresponsible. Spot treatment of some kind in problem areas is the most that is justified. There will always be periodic short-lived outbreaks of mosquitos following very wet periods. The only effective approach to reducing both peak and constant popula- tions requires constant attention to stagnant water breeding areas and encourage- ing nature's balances to function by not harming natural predators and perhaps even increasing their populations. Please also review the attached supporting material. Respectfully, Mike Mizell, Chair Cross Timbers Sierra Club WC_7~1 a4k"_V~~ I Dale Branum, President Denton organic Society • • • ca 0 WEN JON 6 995 PETITION Opposing Mosquito Spraying Ago rlaliamAfj~. I am opposed to the widespread spraying of insecticide for controllq£ mosguitos_~ ~ } 1 believe that there is no really acceptable level for broad-spectrum pest1c1,des 30a~ Z in the environment. Any level of poison that will kill mosquitos will also affect many kinds of beneficial organisms. Broadcast spraying all over the city represents severe overkill for a minor nuisance. Very limited spot spraying is the most that is justified. Signature Printed name Address ILI L ~n a AJtttrl ~Iw' eo cA~n io i' rSDt~',_3>ri; e J 4 1 . 1 r I ri i . 1. ~ I ~ i _114 1r._.__ v_ j~yfh'!?7rL . 41,L, 41 i,t5 - - - iv~ ,i ~0+ ~~f✓'e.!, Ian CA d- 3 ~~.620) i A A • • 1gondaNo._ YU2 PETITION Opposing Mosquito Spraying Agondaflort~ 5 i am opposed to the widespread spraying of insecticide for contrjIl8f--etegtritOr ' I believe that there is no really acceptable level for broad-spectrum pesticides 14t4 7 - in the environment. Any level of poison that will kill mosquitos will also affect many kinds of beneficial organisms. Broadcast spraying all over the city represents severe overkill for a minor nuisance. very limited slot spraying is the most that is justified. Signature Printed name Address _ r' 1^r1I r C_ 1:1A 3 NClI!(l r' ' ll I-A ZL_ i - ~ U ANC 4 LIA J cam, , _Iff~I_~, r " 'S~-I 8 1: tA Mls 5- -0 is L, 13 JJI rr 1 1 r _ \L ! II.... ~I^~1 I i . . _ -Jl ~lyl Lr Y L.:.~.l _r ! ~v Vp / "I,` 1~ ~ • • GE1vr C wiS ~Qf1 64MDE-d dh4i PFn>TN • 0 . '~rlladaNo.~~~~ - PE,r[T1oN opposing Mosquito Spraying 1(J2Ad8110[)1 t~ t 1 am opposed to the widespread spraying of insecticide for control of midsgirtt-61 1 believe that there is no really acceptible level for broad-spectrum pesticides "G in the environment. Any level of poison that will kill mosquitos will also affect many kinds of beneficial organisms. Broadcast spraying all over the city represents severer overkill for a ininor nuisance. Very limited spot spraying is the most that is justified. q Signature Printed name Address Jl i fC'i (IX A/ / 4 r k 1 b UC 11 rJ/!/ ~~~f/_ r t_ a)J-co p~ X Na ~~J C) GMHIe ~~I(;~ ePf' C VA) 01 CCS^r l c-'r-z+---=-^- i ) J cc k r - _.hn,ln~ankijr2 - tit !f c t , c i • is • r I-gondaNo PETITION Opposing Mosquito Spraying AOGfi{dlam-tCGdGL ' lam opposed to the widespread spraying of insecticide for control of mosquitos. ` 1 believe that there is no really acceptible level for broad-spectrum pesticides of in the environment. Any level of poison that will kill mosquitos will also ;effect many kinds of beneficial organisms. Broadcast spraying all over the city represents severe overkiLI for a minor nuisance. very limited spot spraying is the most that is justified. ature Printed name Address r 0-- C, e r✓~e ~1'l rs _~7_C jhn{eser_ H'Jorr C:' ,+~i~/~~• ~ iQ.~.r~a?0 ~,~iEfc'ew + / l ifY r {fir, r y69- FfGr:uta~ °"°Clc4 _e11~1_ fly cV, dSo,L n~P-~5~1~ ~j L 3fC~ M0r Ufl I dva ~yilS ~lrkM iv 2~!' .mod '1 r RTyJ ~.Gdll ~~(v~tG~'. l2a - 1I ti_ -`alNkt111'•___ 7 • o • • PETITION Opposing Mosquito Spraying N I am opposed to the widespread spraying of insecticide for control of mosquitos. I believe that there is no really accepti.ble level for broad-spectrum pesticides in the environment. Any level of poison that will kill mosquitos will also h affect many kinds of beneficial organisms. Broadcast spraying all over the city represents severe overkill for a minor nuisance, very limited spot spraying is the most that is justified. Signature Printed name Address G%'~~~ 'iG-1''-_..~. fY-_Z Y 7!r i 'L 7 f "'0----_~_ l~'lv C, rrNrvs,l 5 r~.~~,,r C" ~~`•l'~ ,,~~!~/fi-~:1.~'..__~`~!~1'~?L4s_.t.~~~Ll~~ - --f~-~rfL?~fl~Lk~~ r'~ ~ n • c • • i 5S~ •?j~T~' C~i <; i, fd water doesn't seep up 11114111911 die lades. When using pftstic sheeting to b 20-95 rnnlnd wccth, he sure to dralf it al Ic,lee every Ihle d lys. J koor you r outride, phInIV of Innd, dirt !u relmic Wile. is4nny people urol plant cuttings In wntcr: thins fine indoors, hill outside., the %vikrund vege• tuion are just when ml egg carrying mosquito looks fur. J DroDr irnrerJrnppl ore lrulra. }'ill IhC holes with sand or cavily cerncm, Or, drill it small channet from the hark co the Imltonl of the hole so that water drains away. J Hollows- pools na your inol,crlr. Although a deiighl to dae eye, as oma• mental pool can k, n mosquito hrce dcr for the whole ncighboilir let. Don't despair. You can still enjoy your water lilies, lust clicck with your local The Mosquito- lnosgafho nbileirCnl district if) see if Ihcy supply alusquito fish to house. holders. The fish, a kind of minnow, has if voracious appetite for mosquito tarvue. Another possihte source for the fish may be it nearby arborcdum or yuur slate's fish and wildlife department. A propcrly filtered and cleaned SIS9mnling Pool WIII 1101 CI1COtrage MOSCIlliloeS, hill it poorly drained pool deck will. If water regularly collects irOUlld yaur pool, you may need m Metropolitan Areas: Private Breeding Sites have the grading and paving corrected. CI Main and overun'n urw snrull boars fin ynppr prr~pcrly, f if sole livr ill ❑ l urban area, life 111mcluicovi "ceding kill you life roast likely 11 turcdinc in mlill('61 cnnfuiucrs ill ofhs-r slmlll sources lielt 1112,11 yaur linos, ROOFS AND GLITTERS i sonic cyen fill ) uur lost propcrly. 'fo lauucll yuur pcrsooad ntusquiurcoutrol pmgr m, made ❑ su9nanl-water slnvey around yaur home and elimin,uc any- YOUr house play have some cousuuciion faults-sagging roof gutters or a 1111111[ of copy phase deal cullecu ivuu•r. Collrecting ill fit These is usually a still- tl:u, undrained roof----That fire attracting mosquitoes. A sheet-metal con- plc nraucr tractor can fix your gutters and downspotas, Although it's if small job, you liaay need a general contractor to bore if little in your flit roof for better J Yrrr rurlur furs told tin runsv om Jot oath roRerlion. I)h( aid (1141 lilr,v, If dwiuige. Soil rnroullfoily dues nut pick up disrmded tiers, n[' the I;utrltill tctuses • illoin, keep them covered and thy. Ir'Stoll don't have a .aholier, use it OTHER CHECKPOINTS Lup,wlin, W41rmou1, untcrvfillcd tins ore nntjor mosquito bleeders across die ctoutlfy, •Iuc n,1s are also potential proldvais. Kccp them tilled with 'three other possible mosquilo brccdcrs around it house urc leaky outside dry din, or have your drivesvny. faucets, paddles Iltar gather under air conditioners or other house coolers, and J r;,r rid oI all obrwdupped rove-- salgo+u. trucks, doll carriages, sand pails. the vaull of your wmer meter.'I'hc leaky fusel Irony need only it new wasdler. boor linen army have :f nay loan library that will re"urhish these and lend Set it conta, pier under your cooler and empty it rrequendy. Pul a couple of hvira to youngslcrs. damply your children's wading pool at least every inches of graved into the water meter to make it useless to if pregnant opus- • B Ilirce du)'s in summer, and keep it in if dry place Ille rest of d1c Scar. lust gnito,'rhis will also discourage ecwkroaches, corning if over wufit do much good siuee WSW nccunltlntes in thr S.,q a.uing it fluff ,crrrvuolrvri,rePIS rn „tinbrnreft Metropolitan Areas: The Streets IJ lsrrrph'llrcbool?hodrererl'rhreedrrys. Above and Below t J Craiw vole pels'rlrindiu,glyarerdaily. U S•rurc t6eelhunna v on rrui, tippet curl rnrply phull ulhc rrpride rlnuvn. If life Nearby public or industrial facilities may be hreeding more mosquitoes dun tubs bars dunnage holes in doe bouum, leave drem on their sides so that any water you and your ncigh11ors' ore ncgtecrin9. • p O • STORM DRAINS -2Q~9S r 9~ ~Z All-rublier ores arc c mlv recycled, hill steel-1whed radials rams[ recycling Seieoisis of the Univecsily of California al Itversidc suspect Ihat most of the in a o,st-effective frnnt. Frivrronment,fl specialists are working nn Wis proh• ntnsquilucs ill Los Angeles County me "tuulexgntundcrs," fired in the thou- silt Lind turning up some ingenious solulions. For instance, chained together, sands of miles of storm drains and each basins crisscrossing southern hundreds of tires form nn effective barrier reer for an oecaoside comntanily. Coliromia, This is probably true of most urhmh areas. The researchers plan to Or, weighted, chained, quit dropped hue n freshwater lake, the tires make a ~t wipe out Ilia Los Angeles ntosgailocs umlergrmutd includes introducing pup- fine spawning ground for catrish and bass, i The need to conserve petroleum may ukinudcly help as solve our lire pies and mosquito (ish to consume the larvae, problem completely. In the 1980s. a New York•bascd firm began buminp tires front a huge the dump near Modesto, Cadifornda, Ill produce electricity, GUTTERS AND POTHOLES which sell; to the local utilily company. 7•he company has met stare air• Street goners tlmt retain water ran-oif arc another rttnsquiio source, as are pol- qualify sunrlards, and plans to set up similar olrenpions in other states. lured ground pools, cesspouls, open septic ranks, and effluent drains horn If your community has no sulishrctory, way of disposing ol'olrl tires, store sewage disposal. Chewed-up roadways, pocked with Iwtholc.s and cracks, cull Ihcm covered, either in it (fry shed or under a larpaulin, (71) use them safely nunurc hordes of mosquilocs. A pint of flood water cmt support 500 lively wig- forchifdren's swings, see page 214 in Chapter 17,) ; filers, and many a pothole holds considerably more ilinn a pint. If roadways and Abandoned Aunt nrohilcs, ReJr1,ge0'n/0la, (ofd lloilJi)WT. Derelict cars and sued gutters in your pan of Inwn need repair, and city leaders are sitting, on their discarded refrigerators, especially those wilit plenty of organic matter inside, hands, round up your neighborstojuin you innwell -publiciredcomplaint. can produce swarms of mosquitoes. Deserted bnlldings arc another fertile source, Containers gathering water outside abandoned structures, dilapidated roofs, and roof gutters will also attract pests, CEMETERIES Drdhesrrial Nlmas. Living within n mile or Iwo or a factory can aggravate I lonoring the dead can be dangerous to the living. In Carucus. Venezuela, it your mosquito problem, Industries often use great voh1111" of woler, and also recent epidemic of dengue fever was traced to the cily's cenhelery 'There, nudnhhin sumps, pits, and water towers. Improperly drained industrial waste grieving relatives decorate the paves with Iresh flowers in waterfilled vases. winter can launch squadrons of mosquitoes to nearby homes. 'I he water is replenished when the flowers arc Clumped and sshrn it rains. Whether The nuisance Is n house, n store, a refrigerulor, u car, or it care- 14 b1nre than 190,000 vases are launching .50 million mosquitoes over the city. Iessly run factory, protect your family and yourself with a call to public health Ahbuugh health workers have recanui+cn(IM suhslituring artificial flowers for uulhnrilics. rresiT, or filling the containers with soil. the riles al' dculh don't cosily change 0 Caracas's health menace remains. Ir you five near a cemelery, try tU have its managers encourage plastic flowers, potted plants, or small Rags as grave decorolions. Shut Them Out TECHNOLOGY'S THROWAWAYS All '!'he industrial wnrid'r: advanced technology and quick replacement of community control measures boil down to one question: How can indi- TAra. ® worn-out parts are hindering Ilia ongoing war against mosquitoes. The most vrduals defend Ihemsclves from the mosquito Ihnl's out for blond? Despite massive government efforts at connollin& the pest, it is always with us. As serious problem is worn-oul tires. One wmer•r'illed c•asbnff in !_n Crosse, we've seen, the chemical pesticides are losing their effectiveness. What can a Winconsln, far exauuple, was found lu nunurc 5.000 mosquito larvae, a rirrn- person rid? gerous number nr' Them carrying enccphaldis. Some 240 million tires are d s' First, edfotinutc any possible mosgUlto nurseries on your property, 't'hen carded in the United Stares every year. Because sires tend to rise to the top or use other controls, detailed later in lire chapter, to help project yourself from alt sanitary landfill, many city dumps. don't accept Tltent, so they're just tossed Ilse mosquito when away faun home, whelher spending time in a nelghbor's unto vacnrn hind, There, I lacy collmi water, ready r'or any egg•carryiog, dis• backyard or traveling uhnnul, case-carryin}! nu+ulnitu. O i • • • i?~• ~ t. ~ lip ~1 r`~~-...;... f SCREEb1S 6 ZU'9S i0 !/a f Z Examine all screens carefully. They're your chief line of defense against fly- BASIL ing pests. Yours should he io good repair, wish no tears in tike mesh, nod ^y should fit snugly in the door or window frame. 1Vhcn buying screens, make Several garden booi,s de crioe hasil as a mosquito repellent. I can testify that it sure that the gauge or the mesh is no coarser than 18 by 16 (an experienced is. f'or years, t was Imprisoned indoors on summer evenings by my attractive- dealer will understand the term). ness to mosquitoes. Now, with hasil plants flourishing along the edge of our Screen doors should open outward to prevent any mosquito from pursuing patio. I'm able to spend a serene evening outside, free of the insect's attacks, you into the house, and should close completely within four or rive seconds, Wake ccrtnin, ino, that all windows and outside doors fit lightly, Electrical "Controllers" Various devices on the market clnirn to control nhosquiines. Tttcy range from the pretty useless to the utterly useless. NatuJal Repellents OIL OF CITRONELLA This is the derivative of a leoum-scented grass grown in Java and Sri Lanka, it has long been a reliable harrier ~igani%1 insects. Ihuned in candles out or doors, its fraprmce lends a pleasant spiciness' to lire evening air. Many Natures Controllers humans like the amour, but mosquitoes don't. Nature has conic patent mosquito controllers that have been on the job for millions of years. GARLIC Garlic, that bud beloved of nuuhy people for tiny ailment from the common BIRDS, REPTILES, AND PREDATORY INSECTS cold Ia nervous disorders, is also recommended by Edward I,, Davis of the • Stanford Research Instiwic as a nunquilo repellent. Ile suggests c ,ling a lot of purple martins, whippoorwills, and hawks all cat mosquitoes. In addl- garlicky foods, Of course, in addition to holding off oms laiioes, it may also tion, mites, ants, and ho(Wice relish mosquito eggs, while frogs, tortes, hold off sonic of your friends, YOU hove m decide if the trade-off is worth il, and a large, harmless species of mosquito prey on the pest's larvae and Garlic may nlxn he an answer to cor larger mosquito problems. In recent Pupae. spiders, miles, geckoes, lizards, and bats also devour adult mos- experinhcnts, a highly concenun ed extract of garlic killed Lill the umsquhn quitoes. la vac cxpowd to it. Dragonflies make short work of both larvae and adults. A number of towns in mulne buy dragonflicr. by the thousands, following the lead of the 0 ' town of Wells, which, has used these insects for years as u major means or ~ PENNYROYAL MINT AND TANSY mosquito control. J Other natural repellents tay people have found helpful arc oil of pennyroyal The problem wlih all these predators Is that they may not eat the mos• mint nabbed on the skin, and tansy planted near a door. Oil of pennyroyal, quitoes we humans want eaten We can't confine the birds, bats, dragonflies, however, can cause a rash. Incidentally, if someone tells you to plant a castor and llrards to the areas we think need cleaning or. bean plant near your door to repel mosquitoes, Ignore the advice. The castor bean cnninins ricin, a poison tail has been u~cd in political assnssinatlons. • I ~ • • ~~~r~doNtt - - ~ hr;, .i.4'trifl,!g- MOSQUITO FISH Water Management-Still the Sure Preventlve Gambusia minnows, or mosquito fish, are used extensively in ponds to keep Water management; monitoring the number and kinds of mosquitoes in an down mosquito larvae. 11tis is the one predator that we can confine to exactly nreu; strategic use of predator fish, screens, and repellents; and expert use of where it will do the most good. Many mosquito abatement districts supply selective pesticides by trained professionals are all used today with good these fish to citizens free of charge. The city of Colorado Springs, Colorado, cffect, But, despite all our science and technology, the mosquito remains a bases much of its mosquito control program on this minnow, major threat to human health and comfort. Mosquitoes abound In such astro- unnical nuinbers that we will probably always be waning with them. Poss b e Future Controls Scientists have Ieca investigating other natural controls far this cicmnl 111011• As early as. 1952 a major carrier ofenccpluditis was show. ace--controls that pose no danger to other life forms. One of the most ing immunity to the pesticide, and health authorities were worried until new promising is a bacillus developed in Israel that infects mosquito young with a chemicals were developed. Throughout the United Suites, and in other parts fatal disease. Another substance that blocks the maturing of larvae Is also of the world, mosquitoes now hounce back from what were once oar most available. Both of these, however, are best suited to wide applications, like dependable chemical weapons. By 076, Callfornia mosquito larvae (tic large accumulations of water. A third technique under study is fire release of easiest stage it) kill since they're not dispersed like the adults) were resisting sterile males, cvcry available larvicide that does not pose a serious threat to other living Certain algae and freshwater fungi have been round to he poisonous to creatures. immature mosquitoes. 't'he gluey seeds of a common California weed have So, today, we're back to where mosquito control staved a century ago. Our been tested for their ability, when placed in water, to attract rnosquho wig. experience with the Panama Canal, when Colonel W.C. dorgas ordered the glers, which then stick to the seed and die from drowning or exhaustion, one isthmus swamps drained and its grasses cut to destroy the insect's breeding pound of tale seeds is estimated to wipe out 54 million larvae, sites, was u major breakUmtugh In the whole area of pest control. It taught us Thal water management Is the key to mosquito suppression. This Is as true today as II was then, • "The most important asp_ct of mosquium control Is source reduction," says Minoo Modon of the Califonda Department of Health Services, "which means preventing the mosquito from emerging as a mosquito, before it becomes a nuisance." Willie public health authorities have the responsibility to prevent mosquito breeding on public lands, you as a householder can do a great deal to help, • 0 , 0 ~a • • r. N One Community's Publicity for the campaign got underway with a hooch According to Eisenbels, what is done locally such as ,f set up by the organization in one of the are, s busiest and spraying, is not the controlling trial, as mosyuilocs rut f~ Pest Control Program largest shopping centers. Information and leaders were be earlied by the wind and come from as In away it zo t~11( handed out cn all aspects of ensrronmenral conservation, aaadvdp.raaites,.Dl r. Eiserl has refused in past years t aka i( From "Getting The Bugs Out of Organic anti in panccIutar the need to stop mosquitmzbatement spray, allow the District to spray the forest preserves with DDT > I~ b Gardening" by Redale press, 1973 rang. Orders were also taken for mantis egg cases. He realized Then-as only a few farsightlel individuals ,GJ Newspaper coverage of the booth's activities included --the disaster that could he caused by upsetting the ecolugn rtl feature articier~specia![y after alert reporters discovened rat and btobgav: balance of nature wins pestir'Jns. s s s I11'au acre a arranges v,snm,q the suburban towns or ArlinA the uncvpected inherest by the public in the mantis egg We've gone tai far in our insatiable search for comfort, e raa cases. Oscr yea orders were taken by members manning ronscraa(iunis( E.isenheis stales. "stf're willing to saanfirr FoM1 Fleights, Palatine and 11uum Prospect in nar!hern lih the booth, and this total climbed to over 4,000 additional the whole landscape in trying to make the outdtwss a big. nois, you might have been stardcd by tilt number of people phone orders as a result of articles in the newspaper out. sterile room." studying bushes or lower branches of trees around their homes one spring. At fiat glance. you mi t think acs lining Ilse program and giving the number to call to place 6h orders for the egg cues. Egg cases of the mantis are fastened to shrubs after the ama"Irg numlaer of people in the are., had suddenly become Net all newspaper coverage was favorable howevea An danger of subzero weather is oven Ilatching usually rakes boramraRymrndcJ. On editor of the kcal paper tack the organization to task in place when the weather becomes warm enough. Once observing closer the s smalmall, scrutiny. you'd have disrovcr that , hey w he an editorial condemning them for, as he put it, "tampering hatched, the young manrises are very small, about the size pn} qq mantis, an osel n cot nature tune ndulowegg ed wcaith cases a of hearty hhe with nature . . and disturbing the natural balance." In and appearance of mosquibxs without wings. At this stage ' l effect, this editor betieved that the were breaking a car, the), live on small sucking insects like aphids, By the end of aPperrte for ocher insects and a patticotar taste for naos they g s. drool rule ecology by introducing praying mantises. The a summer's eating of huge quantities o insects, the mantises quitoes7'he cql; cases, which had born (as(cneJ to bushes group's answer 10 this «iticrsm was made by its chairman, attain an oath size of about fan f to five inches, . They and trees, were being srmbnized to see if the mantises had who put into a letter the following statement: "You are are then a match for any rnserl in the garden. Rather hatched. correct: You don't tamper with nature, You don't disturb ferocious-looking, they are harmless to humans and will lYrhy all this interest in a Aawly insect? Simply this d,c the natural balance. she weakness in your logic centers never harm plants. Mantises are expert at concealing (hens 'ncne of these just-outside of-Chicago suburbs, like urn zees all over the <cunn y, are b around the foot that man has already Jisturlxd the natural selves an any foliage to arch inserts and to hide fr<,m birds. econung inure and snore balance, $o much so that we have created a habitat (hat has It is therefore quite difficult to find them. However, the smile of the dangers inherent to the use of "bard" pesticides resulted in an increased mosquito anti rat population, patience of most gardeners is geneully rewarded, as sooucr to control msmis And, in particular around here, umeemeJ about Gie s(esdy practice of using dangerous chemiotls (or " Let's put it this way. Man has been using his ct controlling or later they can catch a glimpse of a mantis in the garden, moo uit0 fo m control 'pot' insects. However, instead of conontr rolling or better still in the late fall find newlydeposi(sd egg cases q g, the in suburban areas, lie hostel, man has succeeded in IjIling oft the predators As a result, 1hry formed a new but determined atganiza• that helped control the 'pest.' 1Gheu insecticide oison is -a sure sign of more of these helpful predators who will bon with (he down•tn.earth name If Pollution and Erra•iron. P be working bard next suntan in the garden "praying" and mental Problems (PEI' for short). Its ptl "to tr to Poured over the land it does nut distinguish between the • Y harmful and heneficial timers." "preyingf on tie obnoxious and irritating mosquito. t, return nature to the wsy it used to be" Along aids udner One big obstacle to overcome in PEP-s fight a sinst The effect of PEp's program against insecticide spraying pollution troubles, this arse ,group tickled the problem of chemical spraying for mmquitoes his been the Notlhwost have been encouraging [Hough to warrant continuation of combating, without the use of chemical spraying, he insect ~ the paying mantis program this year. Letter and phone rho stuns to playact and irtitate subwbanilcs the most- Mosquito Abatement District (n of in a Farmed calls received by PEP exclaimed over the fact that for the file Io'xly, hfoodthirsty mosquito, utt testa1927 rete. . as a result of the anion of the e NtinOis S Si ate Legis• first time in years the bird population in the suburban area; The organization went into a«mn by' not nth errnm• seemed to be on the increase, In addition birds that Ira r mending the use of praying mantis rt a b net on1 control Not only PER but other organizations and individuals not been sew in the area for "its had retained, Some of 11 b are expressing doubt is to the effectiveness of chemical • for rnwquimes to replace chemical spraying, but they also woo o d noted wen Baltimore u nom r o waxwings, downy ,of spraying to rained b the mosquito is population, tealizing that dpeckers, and incceaxd number of cardinals, night $ l the machinery to Publicize an,l supply rttan:is egg the relief obtained by spiralling is only rem nr cases for this purpose, Po ) hawks and robins. Expects like Raiaud Efsnnbeis, conservationist for the Cook County Forest Preserve Disliut, have also ex One plated palatine couple who had placed social As explained by Mrs. Clayvon Blown, chairman of PEP Pressed praying mantic egg taus around d their property stated chat and one of its most concerned workers, "SuPPl1ying praying strong duubb. "Mossitum spraying has beets ptartrced for it was the first summer they had really enjoyed Mashing in about yo years now, and whal evidence is there char it has their backyard without being bothered greatly by mosquitoes. mantis egg cases is !1151 one of the steps our group is taking done any good?" he obserees. "We've killed off, as a result, trymg to help bung back natural preda(Ors as a control What made this testimonial turn mare noleseorthy is the means fur mosquitoes." ~of6Er'fitati thu AM motqulMes,'Ilike dengo ley, a Anti fact that s ether stagnant «eek runs behind their yard. "ubrdi' 0 e ~t r I~'~ I c ~ ~ ~ O 1 • p O uyentle Mo. 012-1_ AAepdalte ft fi l6 to ~O Ctj T4 ~$9 cirY of DENTON, rEXAS MUMCIPAL WL DING, DENTON, TEXAS 7620 f a TELEPHONE (8 f 7) 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager DATE: June 20, 1995 SUBJECT: Request For Exception to the Noise Ordinance for the Greater Denton Arts Council Grand Opening Celebration of the Campus Theater Thursday, July 6, until 10:30 p.m. and Friday, July 7, until 11:00 p.m. BACKGROUND: Jane Jenkins, representing the Campus Grand Opening Celebration Committee, has requested that the City Council grant an exception to the noise ordinance for the Grand Opening Celebration of the Campus Theater Thursday, July 6, until 10:30 p.m. and Friday, July 7, until 11:00 p,m. (Attachment 1). As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunda The ordinance does, however Y (Attachment exceptions when the provide that the City Council may make public interest is served. The Committee expects this community-funded project to draw a capacity crowd both Thursday and Friday evenings. Most of the entertainment is scheduled to take place under a large tent on Cedar Street. R In addition to the request for an exception to the noise ordinance, the Committee is also requesting that Cedar Street be closed between Oak and Hickory from 10;00 a.m. Thursday July 6, until 10:00 a.m. Saturday, July 8. The property owners affected by the closure have signed the Committee's request and no opposition was noted. Additionally, City of DRnron ordinance 95-016, Section V. 0 states when a social event .,,;-res exception to the noise O 0. ordinance approval must be obt-, ed prior to the City Manager approving the street closure. "Dedicated to Qualfry, SerilhT A Q r • v, • kendaNo. A ~o n da lIe PROGRAMS, DEPARTMENTS, OR GROUPS AFFEi;TEDi Area Residents, FISCAL IMPACT: None. II Please advise if I can provide additional information. i RESPECT LLY SUBMITTED: h-f6-yd--V.-N-ar rell City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved By: Ae Portugal • Assistant to the Ci Manager Attachments: 1. Request from Greater Denton Arts Council 2. Noise ordinance 3. Street Closure Request • • • E f • AoendaNo 43 ~0 ? Aflerdallein,l_ ~ -9S 3q9 v*irY O! offmroN, rlXAS MUNICIPAL BUILDING / 216 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: June 2, 1995 TO: Veronica Rolen, Administrative Assistant 11 FROM: Jane Jenkins, Committee Co-Chair Campus Grand Opening Celebration SUBJECT: CAMPUS GRAND OPENING CELEBRATION HOURS The Greater Denton Arts Council is requesting an exemption to the City Noise Ordinance for the Grand Opening Celebration of the Campus Theater, Events requiring an exception to the ordinance are scheduled for Thursday, July 6, and Friday, July 7, 1995. The long-awaited opening of this community-funded project is expected to draw a capacity crowd both evenings. A schedule of each evening's activities is attached. We will exceed the ordinance limit by thirty minutes on Thursday evening and one-hour on Friday evening, With the exception of the activities scheduled from 8:00 - 9:00 p.m, on Thursday, and 8:30 - 9A0 p.m, on Friday, all entertainment will take place under a large tent to be placed on Cedar Street. The Main Street Program will notify all residents on the Square of the extended hours. Thank you for your consideration, J Jenkins wp • Attachment • AAA0557B j 1 8171666.8200 D/FW METRO 434.2629 • , ~ IF,i , l~iA i ~~thl4`'giJ~ 1.y `R ~ • Q S1 f. v_%1595 15:45 8178911691 DCTCMTHEATRE 1']0"~ IrU p .02 ;fir 6 -?A.-95 y~R CAMPUS PROWERE • SCHEDUUNG THURSDAY. JULY 077 - $20 PF1a P SoN /•AMM 4:70.7:45PM: BEER, WINE, POPCORN, SOFT DRINKS-- 06(:{ -de- 7:00m: "BREAK-A-LEO" CEREMONY WITH ALL PERFORMING ARTS GROUPS 7PM - 7:4SPM: OPEN HOUSE UNDER TENT: FLYING COUCH POTATOES CORN MO A MAUVE OED Q it ~5 f - JOHNNY WS-LUMS GROUP 1:00PM -1:07PM JANE i MURRAY- SCRIPTED TALKS FROM GDAC... 1:07PM • 1:10PM SOUND i LIGHT SHOW 1:10PM - IPM: A SALUTE TO MOVIE MUSICALE AN EVENING FEATURING DENTON PERFORMING ARTS 1:00PM -10:30PM: LITTLE JACK MELODY - UNDER THE TENT - O (,~ofd et. ~•~~NNNMN~N MDA_Y_ JULY 77H • $60 PER PERSON CAMPUS PREWERE 1:70 •1:70PM - PRE-PARTY 7PM - 7:"PM - OPEN HOUSE 7PM - 1:11PM - BRAVE COMBO 7:00 • BUFFET 1:70PM • 1:77PM JANE i MURRAY- SCRIPTED TALKS FROM GDAC... 8:37PM . $:40PM BOUND l LIGHT SHOW f Jr • f 1:40PM - 0:40PM A SALUTE TO MOVIE MUSICALS AN EVENING FEATURING DENTON PERFORMING ARTS 10:}lOPM -11:OOPM BRAVE COMBO - UNDER TENT- 0(l'f Ja N~NN••••NN~N~NNNNNNNo N.NH• , SATURDAY. JULYa7H OPEN HOUcF 1:00PM - RIBBON CUTTING 1:00PM • 4PM - PERFORMING ARTS GROUPS 0 a • • l ,r,;;•:,,u,.,Sii~ ~!S-,~-Gam..-_ Chapter 20 t d1 NUISANCES' Art. 1. In General, 44 20.1-20.30 .art. It. Abandoned Property, 4li 2031-20.70 Div. 1. Generally, 0 20.31-20.40 Div, 2. Motor Vehicles, 44 20.41-20.70 Art, 111, Grass and Weeds, 44 2071-20-73 ARTICLE I, IN GENERAL f Sec, 20.1. Noise, a) It shall be unlawful for any person to make or cause any unreasonably loud, dis. turbing, unnecessary noise which causes or may cause material distress, discomfort or injury I! to persons of ordinary sensibilities in the immediate vicinity thereof. bf It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities, J ~c! The following acts, among others, are declared to be noise nuisances in violstion of this f Code, but such enumeration shall not be deemed to be exclusive: U The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m, and 7.00 IJ a, m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen• sibilities in any dwelling, hotel or other type or residence; 2) The use of any stationary loudspeaker, ampllfieror musical instrument In such manner or with such volume as to annoy or disturb persona of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7 00 a.m., or the operation of such loudspeaker, amplifier or musical Instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public interest will-be served thereby; 3? The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, ,41 The erection, excavation, demolition, alteration or repairwork on any building at any time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through 'Cross references-Protected migratory bird roosts declared nuisance, 4 8.87; inspection • • O and abatement warrants, 4 1988 et seq.; insect and rodent control in mobile home and rec national vehicle parks, 4 32.91. 5upp.No.1 1389 • o • Ga • , ~ 95-022 1120-1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such 6 06 9 } work at other hours in case of urgent necessity and in the interest of public safety and convenience; (5i The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con. Wners; 16) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, We of merchandise or display which causes crowds or people to j block or congregate upon the sidewalks or streets near or adjacent thereto. 3 (Code 1966, Of 1420, 14.21) Crow reference-Animal noiso, 6 6.26. Sec, 20.2. Odors, (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. lb) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable AN enjoyment of private homes by persons of ordinary sensibilities. 1c) The following seta or conditions, among others, aro declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive; (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other sinWa• places; 0 Ofrensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances, (5) Offensive odors Gam stagnant pools allowed to remain on any promises or from 0 rotdru garbage, refuse, offal or dead ar lmaL on any promisee. (Code 1960, if 14.22, 14.29) Sec, 20.3, Garbap, trash and rubb{e}r nuisances-GaneraUy, (a) Sloring or keeping gasbags, torah and rubbish. The storing or keeping of any and all stacks, heaps or piles of rid lumber, refuse, junk, old can or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street SuppNo .V 1390 1 • Ca • REQUEST FOR STREET CLOSURE $ , ~ .2G~-15 Parton or Persona R@quo$ting Street Ctosure:I 1\ `~1 k-- ;_~.L_ 7(f8 Organuatbn:_lJ~P( 1 L("r1 tYiY'-) Addreee:~.{_.y; 1 [-n-'7t I r -f~ - Phone Number: ` l C 7 U I NamelPhone Number Alternate Contact Person: Street To Be Closed.__ CC&r : h. be ~uk,ef, Use. 6t,,1160 l+ p4 1 -TT- II po Date and Time To Be Closed: r~.(j l0 r~CVt^ SO V Lt? .J O Interjecting Streets: f 1011 P, ReeeonForCloouw CO IIt :'~U ` ~11PU ~C Ot ~~~PhtiytG'- 0 66 -~p11 (.Milt uC 6)'1 Request must be accompanied by signatures of oil arfected property Owrwe. (See A tachment) ' cdo Pleas list the type ilAvities to be conducted during the event: THIS SECTION FOR STAFF USE ONLY DEPARTMENTAL REVIEW COMMENTS APPROVING SIGNATURE/TITLE CITY MANAGER'S OFFICE FIRE DEPARTMENT ~CL A fll+c~~ Mlr.-rp^ / POLICE DEPARTMENT D tsaq_ t.~„Q0 - TRANSPORTATION/ENGINEERING 1 PException ES THIS REQUEST REQUIRE: YES NO • y Council Approval? ✓ to the Noise dinance? Parade Permit? ✓ 11 Other Conditlons)Requlrements? ✓ - 1at~e_ au a,4S o ~1c••i- P¢-~~ • e J Request Approved Sy: NemerTitle Prtnf>unan, it rpyaat is aomwaj. Wf%vnw M awiwe.a re Nouwrp oa 6Woi1raan And a"Ktae n.p.rvn.nu. • R • w s r I 41L preporey ownors WWOO t" Ma affected by the ctre" ebwro MUTT be cartaetsd and M%m Npr below with on i 4cr/tlan N of being in twor Of M oppertlon to the itrool cure. Nttr+ro of Property Owtrt! AddrNC « FPval ~t U T~ of ►ropom _ ~ diDpON aN r APN, r e, 70. 11. ' 12. 13. 1,. 15, 16. 17.- ` 18. 19. 20. 21. 22. • • s za. 2,, 2s. r • 0 • w Y 95 -oz.-Z Xeacrandun 9~ 9 Tor Veronica Oglesby, City Manager's Office Front John Gillette, Fire Protection Enrr.neer Dater June 15, 1995 subjects Temporary Street Closure of Cedar Street between Onk and Hickory. The fire department does not have objections to closing the Cedar Street between Oak and Hickory from 10:00 AM Thursday July 6, 1995 - 10:00 AM Saturday July 8, 1995. Two fire code requirements will need to be completed for this closure to be acceptable to the fire department. A 20 feet wide fire lane must be provided within the closed street to provide fire department access in the event of a fire or medical emergency. The street must have quick access with removable phywical barriers if needed. A site plan must be submitted for review to address this requirement. In addition, a permit from the fire department must be obtained for the tent installation. The tent must be flame resistant and the flame retardant certificate submitted for approval. Fire prevention will need to provide an inspection of the tent prior to opening for compliance of the Unifcrm Fire Code. If there are any further questions, please call at extension 8159. Regards, Jo n K. Gillette III Fire Protection Engineer xc: Risk Jones, Fire Marshal • I 0 a ~ 4Et F~ 1 a4.t1. }r:x:, is ..y <e:.:: C C 'k Rt} •.M Mplt !Q !R Y` . 1 ~4f..r~' n'tKi ~l'::_.1 i.. .1 1 ♦ 1 YAY~:O'. L'. . 1 ~ Y~ L.._.... Kw.'~~' Oat 1l . t{'.) fRt4; }Sy9 f y SS~tic ♦iN:~.: ~SSf tint 1<\f atmvs• ~t~~i1 ! tit{ 1 rcl t t1 1♦ 1~ ~ t.R R tt~ r] I ~ 1 1 ~ 1 3 0 N, i, e o t _ - : _ ~ o ~1 • w • . Agandait9 (ale (v -~O""~P5 PTY of DEWON, TEXAS MUNICIPAL BUILDING* DENTON, TEXAS 76201 • TELEPHONE (817) 5668307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council i FROM: Lloyd V, Harrell, City Manager DATE: June 20, 1995 SUBJECTr Request For Exception to the Noise Ordinance for the Pro Youth Rodeo Association Friday, July 7, and Saturday, July 8, 1995 until 12:00 midnight, BACKGROUND J. Mike Riley, representing the Pro Youth Rodeo Association, has } requested that the City Council grant an exception to the noise ordinance for the use of a loudspeaker at the North Texas Fairgrounds on Friday, July 7, and Saturday, July 8, 1995, until 12:00 midnight (Attachment 1), As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 i p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The Pro Youth Rodeo Association is a non-profit organization that introduces children to the sport of rodeo. Children 4 - 19 years of age from all over Denton County will participate, • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Area Residents. Fiscal Impacts • None. • • "Dedirawil to Qrraliry Service" • • IgAOdalter►~ S Please advise if I can provide additional information. RESPEC ULLY SUBMITTED: G~ o d Harrell City Manager Prepared By: Veronica S. Nolen Administrative Assistant II I, Approved By: Asp Portugal ant to the City Manager Attachments: 1. Request from Pro Youth Rodeo Association 2. Noise ordinance • i • • t PRO YOUTH Of%DEO ASSOCIATION 14anJalis S Denton City Council kD 215 East McKinney Street Denton, Texas 75201.4229 To Members of the Denton City Council: Pro Youth Rodeo Association respectively requests an exemption for the use of a loudspeaker for the purpose of conducting a youth rodeo at the North Texas Slate Fairgrounds Arena, M UNI L Friday July 7, 1995 12:00 Midnight Saturday July 8, 1995 12:00 Midnight The location Is 2217 North Carroll Boulevard, North Texas Slate Fairgrounds. Pro Youth Rodeo Association is a non-protlt organization that Introduces children to the sport of rodeo. The association draws contestants from 4 years of age to 19 years of age. This event will be sponsored by several local businesses Many children from Denton County will participate. Thank you for your consideration, Sincerely, - Pro Youth Rodeo Association clo J. Mike Riley Roule 1 Box 366A Denton, Texas 76207 • 1 • • Chapter 20 NUISANCES' Art. I. In General, 20.1-20.30 Art. lh Abandoned Property, H 20.31-20.70 Div. 1. Generally, 20.31-20.40 Div, 2. Motor Vehicles, 20.41-20.70 Art, Ill' Grass and Weeds, If 20.71-20.73 i ARTICLE I. IN GENERAL Sec. 20.1, Noise, a' It shall be unlawful for any person to make or cause any unreasonably loud, dis• turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. bi It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. cl The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: l+ The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10.00 p.m. and 7.00 a. m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen- sibilities in any dwelling, hotel or other type or residence; 2; The use of any stationary loudspeaker, ampWler or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in tha + immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7,00 a, m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the pubilc interest will-be served thereby; • 31 The blowing of any stew whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limlts, except to give notice of the time to begin or stop work or as a warning of danger; 41 The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through 0 'Crow refere nces-Protected migratory bird roosts declared nuisance, 18.87; inspection and abatement warrants, § 19,86 at seq.; insect and rodent control in mobile home and rec- reational vehicle parks, 132-91. supp. Ne.1 1389 • l w • 4 20 1 DENTON CODE - 3 y , 6 -zo Saturday; provided, however, that the city council may issue special pei mits for such 5 work at other hour in case of urgent necessity and in the interest of public safety and convenience; (5) The creation of any loud and excessive noise In connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con. tamers; (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1968, 94 14.20, 14.21) Cross reference-Animal noise, 4 6.26. Sec, 20-4, Odors, (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere wish the comfortable ,t enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other simila- places; (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persona of ordinary sensibilities; 14) Offensive odors from smoke from the bursting of trash, rubbish, rubber, rhemlcals or other dAngs or substances; (S) Offensive odors from stagnant pools allowed to remain on any premises or from • rutting prbap, refuse, offal or dead animals on any premises, (Code 1968, f 14.22, 1443) J Sec. 20-3. Garbage, trash and rubbish nttlaanon-Generally, (a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all stacks, heaps or ptlm of old lumber, refuse, Junk, old oars or machinery or parts thereof, ® garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or • b buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Supp No ,1 1390 e O B Sri CITY COUNCIL z a I c I . I or o~ ~ M ti 0 ~ 0 4 O 13 ~ ~ O O 1 r • I Q • Agenda Nett laeCA - ~ ' ~'5 DATE: June 20, 1995 c,9 $9' CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider an o►•dinance to rezone 3.753 acres from the Single Family 7 (SF-7) zoning district to the Commercial(C) zoning district on property located on the south side of I-35E, approximately 250 feel south of Lindsey Street. RECOMMENDATION: The Planning and Zoning Commission voted 2-3 to approve the petition and is not recommending approval of a rezoning to the Commercial (C) districts. More than 20% of the land within 200 feet is unaer written protest by its owners. Six votes of the Council are required to approve rezoning to "C" or any more restrictive I rezoning option that has not been reported upon by P&Z. A less restrictive rezoning option may not be considered by Council unless reported upon by P&Z. SUMMARY: i See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. The applicant proposed additional restrictions in a letter dated May 1 Ith (attachment) and requested postponement In a letter dated May 15th, in order to meet with neighbors and to enable the full Council to • consider the request. Council postponed consideration on May 16th. PRQG~2An4S DEPARTMENTS OR ROUPS AFFECTF,Q1 Not applicable. • • nr~endaNo. 5 ~ ~ Adentlallao . Lindsey St. Council Report 2 Tune 20, 1995 Page 2 FISCAL IMPACT, None. Respectfully submitted; Llo d reel, City Manager Prepared by: Hra-nk H, Ro % ins, AICP Director of Planning and Development i Attachment 1: Planning and Zoning Commission Staff Report. AXX00833 • f- oa • Aq~r,rlalloR~,~tZ, DENTON PLANNING & ZONING COMMISSION AND STAFF REPORT S d~8°J Case # Z-95-007 June 20, 1995 GENERAL INFORMATION Applicant: Arthur J. Anderson I 1201 Elm Street #5400 Dallas, TX 75270 I~ Current Owner: RPS Ventures, Inc. 8202 Elam Road Dallas, TX 75217 Action: Requesting rezoning from SF-7 zoning f district to Commercial zoning district. Since the P&Z public hearing, the appli- cant has offered additional conditions and asked that Council, rather than P&Z, consider these conditions or additional restrictions. Location: South of Lindsey Street, adjacent to the southside of I-35E (See Attachment 1), 11 I Surrounding Zoning & Land Use: t North: I-35C right-of-way, South; Apartments (MF-1) and single-family residences (SF-7). Fast, Desert Sands Lodge, bar, Commercial zoning, West; Single family residential use, a church, and vacant ?aad In the SF-7 I • zoning district, Denton Development Plan Low Intensity: Study Area #99 (Attachment 2, 117% allocated). • 0 • I a • 3 o _95 Case Z-95-007 " S June 20, 1995 a oa Gj Page 2 PE INFORMATION Transportation Boih the Interstate service road and Lindsey Street have adequate right-of-way and are improved. Sidewalks will be required along all street frontages, one driveway on the Interstate service road. If development accesses Willowwood, improvements there may be necessary. Utilities Electrical service to the property will be underground, at the developer's expense, Drainage Development on the southern portion of Iht tract will require significant off-site drainage improvements. 1~OTICF ' Nineteen (19) notifications were mailed on March 31, 1995, to the property owners within 200' of the subject property. Sixteen (16) notifications were returned, all opposed the rezoning request, At P&Z a file folder was submitted containing 167 additional responses of opposition. Owners of 39% (more than 20%) of the land within 200 feet have protested, Thus, six votes of the Council are required to approve the zoning change. The shaded area in attachment 1 shows opposition. HISTORY The land has been undeveloped for decades. Specific parcels will he referred to by former city tax lot numbers. Please refer to attachment I . June 2, 1961 Tax lots (called lots hereafter) 14 and 34 were rezoned from the "R" Dwelling District to the "B" Business District by Ordinance 61-12 (Ordinance-Attachment 2, Map-Attachment 3), • June 28 and July 2, 1961 Notice was published in the Denton Record Chronicle informing the public of the July 18, 1961, meeting to hear input prior to the final decision on the new Comprehensive Zoning Ordinance and Map. July 18, 1961 • O City Council (CC) holds a public hearing and gathers input from property owners ~ requesting changes in the comprehensive zoning in fifteen areas of the city. The subject property was not one of those discussed. • 0 0 ,ri-.spy ~ 2 ~ X24`95 Case Z-95.007 S og 8 9 June 20, 1995 Page 3 HISTORY (continued July 19, 1961 CC makes decisions on the fifteen areas discussed at the meeting of July 18, 1961. Jul), 2,5, 1%1 CC approves the New Comprehensive Zoning Ordinance and Map by Ordinance 61- 19. Staff has been unable to locate a copy of this map, and while the subject property was not specifically discussed, staff cannot verify that the zoning remained "B" on Lots 14 and 34. August 19, 1964 P&Z held a public hearing to consider a rezoning request by Gus Hansch, et. al., from the "R" Dwelling District to the "LB" Local Business District, on property known as la,t 14.5, `dock C as shown on the City Tax records. The request was denied 'Attachmer Aprll 17, 19( The P&Z discussed a propowo _ ieeting with various groups regarding the new I proposed zoning ordinam June 5, 1968 The P&Z recommended approval of the new zoning ordinance and that a date be set for a joint public hearing with the P&Z and the CC. August 22, 1968 The joint public hearing is held by the P&'Z and the CC. Approximately thirty-eight (38) citizens spoke either requesting a change in zoning, or rebutting a requested change. January 6, 1969 . A joint public hearing is held by the P&Z and the CC. The meeting is called to consider the public input from the August 22, 1968, joint public hearing. i January 8, 1969 Another joint public hearing is held by the P&I, and the CC. Consideration continues on the public input from the August 22, 1968, joint public hearing. s January 14, 1%9 tD CC approves the new Comprehensive Zoning Ordinance and Map by Ordinance 69-01. i 0 • ca • r S ~ 6. - 20„-9S Case Z-95-007 June 20, 1995 CI&8 9 Page 4 HISTORY (contlnuedl December 28, 1971 CC approves Z-1137, A map used in the case shows the Commercial zoning line at a different location from that adopted in 1969. Additionally, the map faintly shows the zoning line as adopted in 1969 (Attachment 6). July 16, 1975 P&Z holds a public hearing on Z-1255. A zoning map used in the case clearly shows a zoning line which corresponds to the current zoning map. September 10, 1975 P&Z holds a public hearing on Z-1258. A zoning map used in the case clearly shows a zoning line which correspwids to the current zoning map. May 18, 1977 P&Z holds a public hearing on 7-1300. A zoning map again clearly indicates the zoning line as reflected on the current zoning map. and shows the zoning classifica- tion as "C" Commercial. April 5, 1978 Motel and restaurant, along with 1.578 acres, is sold, apparently, without benefit of subdivision approval. June 22, 1994 P&i: recommended approval of a rezoning from the Commercial(C) and Single Family-7(SF-7) zoning districts to the Officc(O) zoning district, conditioned with site plan approval (Attachment 7). P&Z. reviewed and placed screening conditions on the site plan concerning an 8 foot masonry wall's placement such Lhat 75% of the screen- ing trees would 13e on the outside of the wall. A new site plan was never submitted and the applicant withdrew the rezoning application In the face of neighborhood opposition. The "20% rule" was in effect. • November 30, 1994 P&'7 denied a preliminary plat for a 5.381 acre tract. It was not known until after this case that the current zoning map was in error because it had not been changed since 1969 by ordinance, p January 11, 1995 • • P&Z directs staff to prepare,, for consideration and recommendation to the CC an ordinance amending Chapter 35, Zoning, of the Code of Ordinances, to clarify requirements regarding parking incidental to a non-residential use in a residential zoning district. 7' • c., 0 Case Z-95.007 June 20, 1995 y Page 5 HI TORY ion in ed February 22, 1995 Staff presents a report to the P&7, recommending the P&Z initiate a zoning case to address the apparent zoning map error. The Commission voted to allow the owner of the property to initiate a case without a fee. March 7, 1995 The owner of the property filed a rezoning application as per the P&Z's February 22, 1995, action. March 8, 1995 The P&Z holds a public tearing and recommends approval of an ordinance amend- ment to Chapter 34, Code of Ordinances, to clarify the code provision regarding the platting of a lot with two or more incompatible zoning districts. I April 12, 1995 P&Z holds a public hearing and on a 2-3 vote fails to recommend approval of a rezoning from the "SF-7" Single Family 7 Zoning District to the "C" Commercial 'honing District. May 11 and May 30, 1995; Applicant offers conditions or additional restrictions. See attachments 11 and 12; These conditions are summarized on attachment 13. May 16, 1995; Council postpones consideration to enable full Council. Consideration and additional time for communication between applicant and neighbors. There is no evidence that the 1969 zoning map adopted by ordinance in January 1969, has ever been amended for the subject area by ordinance. The official zoning map has shown the current C zoning district boundary line since at least 1975. • Based on the chronology, Lots 14 and 34 were rezoned from the "R" Dwelling District to the "B" Business District in June 2, 1961, by Ordinance 61-12, Lots 12 and 13 were trot included in this rezoning, On July 25, 1961, the City Council adopted a new Comprehensive Zoning Ordinance and Map. A copy of this map has not been found, however, it is highly unlikely that a property rezoned by Ordinance a six-weeks earlier would be changed only a few weeks later by this map. Unfortunate. • ly, without said map, verification is impossible. So, from June 2, 1961, until January 14, 1969, staff cannot say in what zoning district Lois 14 and 34 were classified. On January 14, 1969, Ordinance 69-01 was approved by the City Council adopting a new Comprehensive Zoning Ordinance and Map. This map is available and shows the zoning as in Attachment 8, i • t~~ • t R S -C ZZ Case Z•95-007 June 20, 1995 g 8 9 Page 6 HISTORY (continued) Further research at the Appraisal District shows that Lots 13 and 14 are valued as commercial properties, as is Lot 14.5. Apparently, this appraisal classification was on the city's tax records, Unfortunately, it is not dated, but these records were used when the tax appraisal district was created, so the commercial appraisal has existed since at least 1982. DENTON UEVEL PME PLAN ANALYSIS The subject property is located in a low intensity area. The intensity study area where this proposal is located was analyzed on the basis of what the zoning map and current land uses reflected on August 6, 1990. Since the coning map has indicated a Commercial zoning district since 1975, apparently in error, and there has been no activity changing the August 6, 1990, analysis, the 117% intensity trip allocation already includes the subject property as vacant commercially zoned land. This rezoning will neither increase, nor decrease, the overall intensity allocation, It should be noted that an intensity analysis done on the basis of the 1969 zoning shows a reduction in the overall intensity allocation by @ 2282 intensity trips. The analysis is as follows: Overall intensity=3.753 acres x 60 trips/day/gross acre = 225.18 intensity trips. "C" zoning intensity = 3.753 acres x 650 t/d/ga=2439.45 intensity trips. Office or motel only intensity = 3.753 x 350 = 1313.55 intensity trips. The analysis also shows that the proposed rezoning is not consistent with the Denton Development Plan's policy on proportionate Share. The next two tests are separation and concentration. The proposal is inconsistent with the separation policy in that it is within 1/2 mile of another commercial concentration. • It is consistent with the concentration policy in that the subject property is less than 5 acres. When a proposal is inconsistent with the proportionate share policy, ot!:ar planning considerations are used to further evaluate a proposal. These other considerations are: 1. Public Facilities. The subject property has access to a six (6) inch water line on Lindsey Street, and sewer from an eight (8) inch line in the 1-35E access road. Street access is available from the I-35E access road. 0 e.. e Case Z-95.007 6 ZC1. S June 20, 1995 9 9 Page 7 DENTON DEYELOPMENT PLAN ANALYSIS (continued) 2, Topography, The property has been vacant for decades and is covered with a noticeable amount of trees and undergrowth. The southern portion of the property would require drainage improvements, the northern portion would outfali into adequate 11135 drainage system. 3. Surrounding Land Use, There is an established residential neighborhood to the northwest that has been adamantly opposed to using the subject property for a hotel/motel. However, they have made it clear, on the record, that they are willing to meet with the applicant to discuss commercial or office uses acceptable to the neighborhood. j To the southeast is the Desert Sands Hotel and a building that has been used at various limes as a restaurant, and as a bar. The owners of this land are opposed. To the south is more single family development, and some multi- family development directly adjacent to the subject property. To the north is I-35E. This is an extremely difficult evaluation to make. The northern portion of the property has a number of qualities that would make it attractive for nonresidential development, the most important of which is the direct access to the I-35E frontage road. The southern half of the property possesses less of the qualities that make it attractive for nonresidential development, It currently has no direct road access, except to the north on the I-35E access road, and across an SF-7 zoned tract (which is not part of this petition), which has frontage on Willowwood, 4. Other Policies. Depending on a particular point-of-view, this proposal would seem to support Policies 4, and 7, These policies are; } Policy 4. Promote the development of a stable and diversified economic f base to generate increasing job opportunities and a broader tax e base. The applicants spill maintain that this proposal will broaden the tar base and increase jab opportunities in that a portion of ground that has been vacant and undeveloped would now be developed (as a motel), if the Planning and Zoning Commission O recommendation is overturned by the City Council. e q J Policy 7. Encourage a spatial pattern of land use development which reduces the cost of public services and infrastructure. I f ~ • Case Z-95-007 - 6 June 20, 199S /a Opal Page 8 DENTON DEVELOPMENT PI ,AN ANALYSIS {continued) This proposal will take advantage of the fact that seater, waste- water, and transportation access is available, thus reducing the cost of public sen ices and Infrastructure in that no additional services are required. Addiilonally, this proposal is "injill" development in that a long time vacant property within the city is proposed for development rather than another location on the fringe of the city. Again, depending on point-of-view, policies that this proposal would seem to be inconsistent with are Policies 2, 9, 10, and 14 and may be inconsistent with entranceway policy. Policy 9. Protection of residential neighborhoods from the intrusion of incompatible land uses, traffic, noise and pollution, The City Council is the ultimate arbiter (short of a judge) of what would be an incompatible land use for this piece of proper- ty. Clearly, those opposed think motel use would be incompati- ble with the surrounding neighborhood. Also as clearly, the applicant thinks otherwise. However, representatives of the neighborhood have stated on the record at the Planning and ! Zoning Commission that they are not opposed to all commercial uses. Generally, the impression given to staff Is that the neigh- borhood is opposed to identifiable "nighttime" uses. Additional- ly, there has been one rezoning and site plan that received a recommendation of approval from the Planning & Zoning Com- mission (June 22, 1994), that the applicant did not take forward, and subsequently withdrew. There is no proposal for site plan review m'sociated with this request. The applicant's proposed conditions are intended to mitigate the motel's impact. • Eristing residential development on the west is separated by a 200 foot wide SF-7 Zoning district, which is now moderately covered with frees. Current regulations require that a six foot fence or plant screen be built between a non-residential use and the SF'-^ zoning district because there is a house on the tract. e This house and land is owned by the applicant. No additional • • J buffering between the SF-7 property on the north, or on the SF-7 property adjoinin? on the west of the southern part of the sub- ject zoning request has been proposed, as has been proposed adjoining the church. o tg • ca 0 Case 2-95.007 June 24, 1995 Page 9 pl 'NTON DEVELOPMENT PLAN ANALYSIS [contl t1WJ The applicant has proposed planting trees 30 feet on center or about 3 trees per 100 linear feet along the church boundary, This is a relatively thin landscape buffer. The applicant has proposed a minimum 150 feet wide SF-7 zoned transition between the development and the homes on Willoimood. Another row of at least 7,000 square foot lots could be developed in this area. Current regulation requires a 6 foot tall fence or plant screen be built In the southern part of the land, unless the property is platted excluding this 150 foot wide SF-7 land. Then, no fence for the 150 foot wide SF-7 land would be required, because it would not contain an existing house. Policy 10. Improve the design, image and character of the city by preserv- ing existing vegetation and natural topography and encouraging 4 adequate landscaping in new developments. The current request does not include any proposal for site plan review where the Council, Planning & Zoning Commission, staff, and general public would have the opportunity to evaluate how a specific request would accomplish this policy, Additional- ly, the June 22, 1994, Planning & Zoning recommendation, i which did contain a good deal of additional landscaping and preserved protected street trees, was not satisfactory to neigh- bors. Neighbors do not want a hotel/motel In the neighborhood irregardless of any site plan requirements that would mitigate the project's impact. however, current landscaping and tree preservation standards • ctp ply, D. MWor Entrance Sys The major entrance ways are those freeways and primary arterials predomi- nantly used by incoming traffic into the City of Denton, I-35 North, 1-35 A West, 1-35 East, U,S. Highway 77 (Old Sanger Road), FM 2164 (Locust O Drive), FM 428 (Sherman Drive), Loop 288, FM 2181 (Teasley Lane), U.S. 380, Dallas Drive (U.S. Highway 77), Bonnie Brae Street, U.S. Highway 377 (Fort Worth Drive), FM 1830 (Country club Road), Mayhill Road, Oak Street, and Hickory Street. 9. • ra qs b ~ za Case 2-95-007 June 20, 1995 °a $ 9 Page 10 DENTON REVELO ME T PLAN ANALYSIS (continued Developments along major entrance ways present the first impressions of the City to the public eye. The policy of this Plan therefore is to encourage and promote good urban design to enhance the aesthetic quality and visual ameni- ties along entrance ways. The following specific guidelines are required. I . Development proposals should be reviewed to ensure adequate compli- ance with standards and requirements including but not limited to: a. Front yard setbacks b. Building coverage c. Landscaping d. Signage e. Curb cuts f. Off-street parking 9. Design and construction of facade h. Pedestrian access 2. Promote integrated site design and layout which considers adjacent tracts of land with emphasis given to internal circulation as opposed to continuous strip development. The request with applicant conditions would have a 25 foot front setback according to current standards, building coverage of up to 90% of the lot (though unlikely because of the 2 story height limit and the drainage condi- tions), would be required to meet all specification in current ordinances (or landscaping, signs, curb cuts, parking, and sidewalk construction. No facade or design review is proposed, but has very rarely been imposed, even in PD's. At issue is should additional setbacks, landscaping, design (architectural) or site plan review be required to further mitigate the development and compli- ment Denton's visual image. With that in mind, the staff reported to P&Z the option of C or 0 zoning on the northern half, and Multi-Family (MF) on the southern half to the Planning & Zoning Commission. Comparison of the C and 0 districts shows that there is a substantial intensity difference (650 trips/acre for C, 350 trips/acre for O), and the list of uses in 49 0 could be less intrusive than uses listed in the C district. MF-R on the southern • portion would act as a transition from the C or 0 zoning district to the SF-7 to the south. c~ 0 9~ - ZZ Case Z-95-007 June 20, 1995 8 g Page 11 STATSIS QF APPLICANT AND MG.LjBORHW. VB_U33" The applicant has proposed several additional conditions for mitigating the impact of a motel, and has communicated his availability for meetings. The neighborhood is unequivocally opposed to a motel and is willing to meet to discuss other issues, No meeting or negotiating session has occurred, given the impasse on the motel use. See attachment 15. RECOMMENDATION Ultimately, there are two equally important issues to address within this request, The first issue is the same as with xny rezoning request, Whether the subjcc( property is suitable property for non-residential development, in light of the existing regulations in the City of Dewon, or wfdether it is better suited to the Single Family 7 (SF-7) zoning distric(. The second issue, at least to the applicant, is a matter of fairness. The zoning map has reflected since 1975 an apparently erroneous zoning line. In the period between 1975 and today, a development decision was made, and property purchased, in part on the basis of that apparently erroneous line, The proposal is inconsistent with the Proportionate Share and Separation policies of the Denton Development Plan, however, because all the analysis of the study area was done on the basis of the 1975 zoning line, the proposal will not cause the study area to be any more over allocated than it already is, nor will it reIhuce the amount of over alloca (ion. Other zoning districts would reduce overall imensity, and additional conditions can mitigate the developments impact and improve or insure a positive image. Based upon its April 12, 1995, public hearing, the Planning and Zoning Commission voted 2-3 to approve the request to rezone the property from the SF-7 zoning district to the Commercial zoning district The applicant has appealed this recommendation f of denial to the Council, and. thus the request before you this evening. Due to the Planning & Zoning Commission recommending denial of this request, and "the 20% rule," a supermajority is required for City Council approval of this request. Staff recommends approval of non-residential and/or multifamily zoning on the • property that drains to the north (the cross hatched area in attachment 14), with a set of conditions that would be acceptable to six members of the Council. Staff recom- mends Office (0) with conditions. Hotels and motels are allo%led by right in "0", but may be deleted as a condition. What those conditions might be, could be determined during Council discussion after e n the close of the public hearing, 0 Adverse land use impacts that are sensed beyond the zoning district are called externalities. They include increased traffic, noise, light, odors, and visual and character incompatibilities of buildings, parking lot, landscaping, lot layout, their scale, color, bulk, and height, Attachment lb is a summarized table of externalities and mitigators. 0 0 0 c~ 0 617.0-0113-7 Case Z-95-007 June 20, 1995 Page 12 ALTERNATI M See attachment 17, Council alternatives. Alternatives other than approval or denial of the ordinance attached (rezoning from SP-7 to C) will require Council to direct staff to prepare an ordinance. Another public hearing is not required, but under council rules, persons may speak about any item on the agenda by "signing up" on the blue card. 1. Uphold Planning & Zoning Commission recommendation of denial, 2. Approve C (commercial) by a superrrtajority vote (ordinance attached). 3, Approve the application by supermajority vote with conditions (a new ordi- nance would have to he brought to Council at a later date). 4. Send the application back to the Planning & Zoning Commission to recom- mend another alternative to ST-7 or C. 5. Amend the Denton Development Plan intensity area type, and apply that intensity area's policies to this zoning. 6. Postpone consideration, ATTACHMFKTS 1. Location map. 2, Ordinance 61-12, f 3. Map of Lots 14 & 34, 4. Minutes of Gus Hansch rezoning (Lot 14,5) August 19, 1964. 5. Location map of Gus Hansch rezoning. 6. Z-1137 map, 7. June, 1994 motel site plan, 3. Zoning district lines from 1969 (adopted by ordinance) and 1975 (not adopted by ordinance). i 9. A draft ordinance rezoning the property to C (Commercial), 0 10. P&Z minutes. li 11. C district standards, 12. O district standards. 13. Anderson letter dated May 11, 1995. 14. Anderson letter dated May 30, 1995, 15. Anderson letter dated June 7, 1995. ® 16. Conditions that mitigate externalities. 0 • 17. Council alternatives. I nxxeus7s I /021 . a ATTACHML'NT 1 i iz . ■ 13 pry ~ i. 14 i . 145 , f i I;<tE ';~~a,r I1{lll arrr~ ir, r~.~:.l.r r)l Icdudl9'f9I111~ z e o • f , w ODAtl1AM MOY~~r~y~C1 ~YliW M 14011ee $001_8 . U . _ lW,a e III a M 49" R Y WWI M1 I ATTACI{MliNT 2 M", M IT MDKM f0 C61T o Pbout, M TS= aw"1111T own M = IM'Bf OMON Of 11101ARR 6111111 AM U. 6, 101461MV 31 a M Uto a" or MUM, T12IM, AID HIM PUTIOAARL7 DHCII6RD WMIM, b M .10 0"" TM SAID p101Mg9' P10M tls 10141C,kIM6 094172ICt2 PWIMO T16I 6AI1 DUnM to IS _QQ up' _ WSIM S 011TRICtI AM DRCLARIMO AM RMCTIYI DAH, Liai1 .ISrY.. .._...,.L.L.._„ TIC aoUMCIL Of rd CITY Of DU M WIMP OWAIIRi Q. G-A/ 7 SLC710M 4, Tfut tM Lonln1 and USA District map of the city of Denton, Ttxu , L- ~/J Q be arnded a fol lout: si U ov o ! Alt that car Idid tract or portal of land lying and being situated In the City and COUnty of Denton, State of Taxes , being out of the A,11.6, Tospkias Survey. Abstract No, 1246, being particularly described As follow 8941NWING at a point 115, feet North of the Southeast corner of a certain 10.))6 atce tract of land conveyed b) vatranty deed frog leylto H. Battles At us to A. H. Turnbull and vita, Violet Turnbull, shown In VIA). W. Hie 628. Deed Aacords of Denton County, Texas, said beginning point also being 125 feet North of the Southwest corner of a certain 2,02 act** tract conveyed by warranty deed from A. N. rvrnbuti and vita, Violet Turnbull, to John A. Moe Ilion and vi(4, Arleen Morrison, shown of record In Vol. 061, Page )71, Dead Records of Denton County, texas; rADNCL Wit 155.51 feet parallel with the North boundary line of Nillowood Strait for a corner; rNINCL North 00 37' fast 440.69' for a tartar; rH14CL South 660 14' West t%2.18' for a corner; rMNCL South +70 45' fast 286' tot a corner, THLNCL South 400 14' Wert 260' for a corner; TFILNCL South 0' • 21' West 82.06' co the place of beginning, contaioing 4.9 acres tore or iris. ssuuch< ae Is in city ace ordanae witM1 a comprehensive plan x for tthhee pru tfnls that proactln8 the general we(faro of the City of Denton, end with raasonaabief c onstda ration, among other things, for the tharatter of the district and for its peculiar sultability for particular um4s, and with a View to conserving 0t value Of bullditlp and encouraging the gnat appropriate wee of such land tar the ■axiar benefit :O the City of 046C OM. Texas, AM Its cititanA. A0.1 NC Thac the ordinance shall be in full force and affect L> adisto:~ sitar its passage and approval, the required public hooting$ having herato• tote been head by the Planning and Zoning Connotation awe the City Council. PASSED AND APPROVTD this 2nd day of June. A.D. 1961. s Ptah R. Iarrow Ira yo r A TrLS r: City of Denton, Texas P. V D Wt<rlit City S44rotary CIIV Of Denton, Toads • APPROy10 M M LLOA1 iOR.M: L Lea [ Holt CI:y Actoney Git} of Denton, rsxu I 1 i rr I 11d • ~ nti •14 t ` s', 7~' 0 . ATTACHMENT 3 " 6 -?Q C's 36 ~ • 11 N II rt q II r/ 1 M 16,1 l i~ i f ~ ffff 3 - w + • I ~ / ~ • ~ I 1 1 10 II ♦ / I ` L~ 13 ! H !t t! !1 tl+~ trt to rn I It I•t t ! It` /o! a p / 1 II w - ~ M • N 1~ 14.1 l e '+t t All N.! 1•A I I t ! y N.f N.1 W.t HA 1 I . 1 { a I llu 1 ( I ~ • - August 19, iee4 ATTACHMENT 4 I1 t QW- II Wilding °C Z p~M Co aston August 19, NH at 4100 p.m, Presets: Chstrwornsn Mrs, Lonni• Yarbrough, Hugh M, Ayer, L. L. Lague, Dr. Prank Camp, Dr, action Lockwood, City Engineer, City Seaetary, I. A motion wes made by Ayer, seconded by LaRue to approve the minutes of the meea _ of August S, 1964. Motion carried. 2. Petitionsi a. The Commission discussed the petition of slay Hunt that had been deterred _UQ from the previous meeting. Altar considerable consideration, a motion was made by Lcckwced, seconded by Ayer to deny the petition. Motion carried, b. The petition of R. 1. Brewton, deferred from the previous meeting, was dis- cussed at length. A motion was made by Lockwood, seconded by Camp to approve the petition and so recommend to the City Council. Motion c4mod. c. A public hearing was held on the petition of Henry A. Thompson, at aL requesting the zoning classification be changed from the "D" • Dwelling District to the "A•2" - Dwelling District for property described as the enure City block 342, excluding lots I and 2, owned by the Cumberland Presbyterian Church, and City late 13,14.IS, and 16 already zoned "A-2". A motion was made by Lockwood, seconded by Ayer that the petition be dented because of lack of adequate plans. Motion carried, d. A public hearing was held on the l of hue Hanach, et al, reque3ti-` the zoning classification be changed from the "A" • Dwelling District to the "L8" Business District for property described as City lot I1. S. block 3SOC, Alter hearing Interested citizens. a motion was made by Ayer, seconded by Lockwood to 4eny the pe%. . Motion carried. Plats: a. The final plat of the Greenway Club Estates was review". A motion wa3 made by Ayer, seconded by Lockwood to approve this final ptat. Motion carried, b. The final plat of the Northwood Subdivision, Section 7, was reviewed. A motion was made by LaRue, seconded by Camp to approve this [trial plat, Motion ca.7::: C. The fire: plat of the Lincoln Park Subdivision was presented and disc"see:. A motion was made by Ayer, seconded by Camp that the final plat be approved, Mottos carried. d. The loop 288 Subdivision was discussed. A motion was made by [AR-<, seconded by Ayer to give preliminary approval and give the owner the choice of eh-. oar. r alleys and tying on the City sewer system. Motion carried, e. The preliminary plat of R. B. Denton was discussed. A motion was made r. Lockwood, seconded by LaRue to disapprove the plat because of inadequate plans. M d. carved, 4. Conditional Use Penults: a . A motion was made by Lockwood, seconded by Ayer to submit an unfav;rac.- • report to the Board of Adlustm At on the petlUon of Mrs. A. M. Guess, Motion cameo. b. A motion was made by Camp, seconded by Lockwo,.i to submit a lavoribie recommendation to the Board of Adlustment on the petition of Dt. o. E. Ademi, Mains ' carried. .,Meeting adiowried at 6:2j p, -n. e Chairwoman - • • C Secretary • a • PHOTOCOPY 41141MR.....ATTACIIMENT 5 ~.L fr'... 114.0 r ~ ! • ! I s a it ~ • - I r 1 w 1 ~ ,1 r s ! _ I E ~ • s ' z 4 • • PHOTOCOPY ATTACHMENT 6 l ,I Y i i f Y 1 I r , NI 0 • o r~. 9 s-o 2 z zo-d 89 /P s-3 • o e w e r PHOTOCOPY ATTACHMENT 7 Z-94-407 Sleep-Inn NORTH UNDSSE1 STf3 T --tw1r V ti `j _ ~My rK1 rw• 1- t • t r. . , 1 N ♦al~ ~ Opp ~u tiw- r~ 0 1!„p tP11 OA')r:HSI ur .•rwr Ch(0 Y :r_r,ti ...:.~r r..~w.y - KfY. Y aw\ « •t itY M 1~ t'4t~ o e Site Plan Data 6(221'94 Scale: None /9~ • c> • PHOTOCOPY MVAW ATTACHMENT 8 j T w e q 2 k a 2 SFr a ` PDi6* % e ♦C , ' 1975 to Present w w District Boundary My- I • mm ~ wwwwa~ C 1969 District boundary wDai w w aai 0 ATTACHMENT 9 !Ait'i~-aZ. L3~~9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL (C) ZONING DISTRICT CLASSIFICA- TION AND USE DESIGNATION FOR 3.753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. s WHEREAS, Arthur J• Anderson, on behalf of RPS Ventures, Inc. (owner of the property), has applied for a change in zoning for 3. ?53 acres of land from the Jingle Family 7 (SF-7) zoning district classification and use designation to the Commercial (C) zoning district classification and use designation; and WHEREAS, on April 26, 1945, the Planning and Zoning Commission recommended denial of the requested change in zoning by a 3-2 vote; and WHEREAS, the City Council, by a 3/4ths supermajority, finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREB'! ORDAINS: SECTION I. That the zoning district classification and use designation of the 3.753 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Single Family 7 (SF-7) zoning district classi- fication and use designation to the Commercial (c) zoning district classification and use designation under the comprehensive zoning ordinance of the City of. Denton, Texas. • SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. e ACTION IV. That this ordinance rhall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper Q 0 ca r S z4 agg9 published in the City of Denton, Texas, within ten (20) days of the date of its passage, PASSED AND APPROVED this the day of 2945. , 5011 CASTLEIIERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. SUCEK, ACTING CITY ATTORNEY • { 07.x. ~ d w • S I9 ALL that certain lot, tract, or parcel of land situated in -t-hie A, B. Tompkins Survey, A•1246 in the City of Denton, Denton County, gq Texas and being more particularly described as follows: BEGINNING at the northeast corner of a tract shown by deed to Boyd Morrison, recorded in Volume 2913, Page 161 Real. Property Records Denton County Texas; THENCE west a distance of 316.23 feet to the northwest corner of a tract deeded to Harold E. Ferguson recorded in Volume 940, Page 809 Deed Records; THENCE north 00 18' 12" west a distance of 179.61 feet to the southeast corner of a tract deeded to Denton Baptist Association, recorded in Volume 1901, Page 698 Real Property Records; THENCE north 0" 39' east with the east line of said Denton Baptist Aasociation tract passing at 300.65 feet it's northeast corner and continuing on said bearing a total distance of 668.10 feet to a point in the center line of I.H. 35E, THENCE south 470 50' 42" east with the center line of IN 35E a distance of 199.61 feet to the Point of Curvature of a curve to the left, thru a central angle of 30 39' 24", radius of 3274.05 feet, and length of 208.95 feet to a point for corner; THENCE south 250 00' west a distance of 479.53 feet to a point for corner; THENCE south 550 00' east a distance of 250,27 feet to the Point of Beginning and containing 3,753 acres of land. • I~ i A$E004C6 of ~ . • 0 • ATTACHMENT 10 a-u~-qs Minutes Piz Commission Zd fs'9 June 22, 1994 Page 11 also point out that the proposed ordinance does convey for the planning and zoning commission a great deal of authority and responsibility that is not now provided in any ordinance. Mr. Engelbrecht: Any other comments or a motion? Dr. Huey: I move that we recommend to the city council that the proposed ordinance as amended by this group be f adopted. Mr. Norton: I'll second that. Mr. Engelbrecht: It has been moved and seconded to recommend adoption as amended. Any discussion on the motion? All in favor? The motion carries unanimously (6- 0). III. Hold a public hearing and consider the rezoning of 1.9os acres to an Office-conditioned (o(c)) district, from commercial (C) and single-family 7 (SF-7) zoning dis- tricts. The site is located on the southwest corner of Interstate 35-E and Lindsay Street. Staff report presented by Owen Yost. This is an application by RPS ventures. The applicant is actually Choice Hotels, International. It is the parent company of Clarion, Quality Inn, Comfort Inn, and Sleep Inn Hotels. The application before you is to rezone a one acre tract to an office conditioned zoning district from I the zone which it is presently. Currently, roughly half of it is zoned commercial and the other half is in the single family - 7 zone. The conditioned zoning requested is being recommended to you with the site plan. In section 35 of the code there is a long list of things that • can be conditioned, one of which is a site plan. The applicant is wishing to take roughly half of the area from commercial to office zoning. In effect down zoning that half, and upzoning the other half from single family 7 to office. The proposal is to end up with roughly 1.9 acres of office conditioned zoning. During the platting process, the applicant would be red property along upgrade1e-the water line in front of tservice road from a 2 inch linettoo a 6 inch line. The land has been primarily undeveloped for decades. It is currently vacant except for a small ~y I • • Minutes Pit Commission fJ -20- June 220 1994 27 n Page 12 "b metal shed and an unoccupied frame house'and trees. As long as anyone can remember, there has been' een no development on the site other than those small items. There were 23 property owners within 200 hundred feet notified of tonight's public hearing, To date, we have received three written replies in opposition, and one written reply that was undecided. There was a meeting between the neighborhood, the applicant, Choice Hotels, International, and the Planning Department on June 15. A lot of the conditions came out of that meeting. There was a subsequent meeting on June 20 among the neighbors and the Planning Department at which the propcsal was further discussed. There are two ways to figure the intensity on a site like this (incidentally it is in a low intensity area). The two ways are to study the area or you can look at the existing zoning. Looking at the existing zoning involves two calculations. Under current zoning the site is allocated 594.15 intensity trips. Given the proposed site of the building, approximately 27,000 square foot, it works out to 405 trips that this proposal would use up. We are looking at a decrease in the overall intensity of the area of 199.15 trips. However, the proposal before you does violate one policy of the Denton Development Plan, the separation policy. The plan suggests strongly that concentrations of nonresidential activity be at least 1/2 mile from each other. This location violates that policy. A revisions t the meeting I mentioned on June 15, there were several made to the i plan are reflected in the c conditions wiou. ll giveoto you in a moment. • We are asking you to consider adopting the plan as a condition and another 10 conditioned that I will go over, then forward that to the city council for approval or denial. 1. There would be buffer yards being modified as dis- cussed June 15. The discussion was that 10 feet of b the buffer yard area and 2/3 of the trees be on the • • neighborhood side of the required fences and wails. That is, the fences and walls will not be right on the property line, but at least ten foot inside towards the interior of the lot. This would all be main- o7S, • p • Minutes P&Z Commission ` June 22, 1994 Page 13 ` tained. 2. There would be, along the entire south property line, an 8 foot tall cedar fence. 3. All protected trees within 25 feet of the west property line and within 15 feet of the south property line be preserved. ,4. There will be no off-premise signs allowed. 5. The use of the main building will be a two-story hotel\motel. 6. The use of the existing frame house will be a ' dwelling unite, currently unoccupied. 7. The setback line from Lindsay Street will be at least 25 feet. 8. All conditions be incorporated into a site plan for the City Council's review and submitted to the Planning and Development repartment no later than to days prior to the scheiuled Council meeting for Council's consideration. 9. The Ex. utive Director of Planning and Development is enabled to amend the site plan in order to preserve "protected trees" (10 inches in diameter or over) so long as no code violation would result or building setbacks are decreased from those shown on the site plan. 10. All lighting fixtures shall be configured to reflect ential oillumination away worship.4 eSuchi lights 9 f xtureslshall distribute not more than two-tenths (0.2 of one footcandle of light upon any existing residential use or place of worship, The staff recommends that the proposal before you be adopted including the site plan and the conditions we have • • outlined for three reasons. 1. We believe the plan and conditions before you incorpo- rates sufficient buffering to preserve the integrity of the neighborhood, O 0 • a • minutes Piz commission Juno 22, 1994 c1,p ~c Page 14 2. There is a decrease of intensity trips in the alloca- tion if the zoning were to be adopted, 3. We would also recommend the plan and conditions since the alto plan before you is a well designed site plan. There has been an attempt to negotiate with the neighbors. Let me go over the four options you have tonight. 1. Recommend the application. 2. Recommend the application with additional conditions beyond the outline. 3. Recommend denial of the application and recommend that city council deny it. 4. Postpone consideration, There are two options under postponing. You can table the consideration of the motion, then the motion can be reheard upon the motion of a commissioner. You can also postpone to a date certain, Mr. Engelbrecht: commissioners, any questions at this time? Dr. Huey: one condition is using the existin•2 house, Will that be one of the units in the hotel? Mr. Yost: It will be used for the hotel manager. Mr. Engelbrecht: with regard to the site plan, there is one entry\exit point? Mr. Yost: Right. Normally the regulations require that 1i access be taken off of the lesser traveled of the two road. In this case, the applicant and city felt that • traffic should access off of I-3's, The traffic safety commission was appealed to and they granted a variance of that aspect. Mr. Engelbrecht: Would you explain setback? Mr. Yost: The fence and\or walls are set back ten feet. e Mr. En elbrecht: Then, trees on the outer sideofothe would fenc % all$ ally have the Mr, Yost: The bulk of the trees and other vegetation o • c> • Zo Yom. Minutes Pit Commission- June 22, 1994 Page 15 i~ L U would be outside the wall. Mr. Engelbrecht: Is the petitioner or petitioners representative present? Dr. Rana: I reside at 4405 Scenic Circle, Garland, Texas 75047. My husband Ray Rana and I are the sole owner of this franchise. It is going to be a franchise hotel. I now live in Garland, Texas. I am a physician and have practiced pediatrics in Dallas for about 17 years. My husband has been in the hotel business for about 18 years. Mr. Engelbrecht: This unit would be standard type of hotel? You are not looking to rent out weekly? Or. Rana: No sir. This franchise is actually like a Holiday inn, it is that type of franchise. It does not allow weekly rental. It is not a low grade motel. It is a medium height class motel. Mr. Engelbrecht: is there anyone present who would like to speak in favor or opposition to this petition. Jennifer Phillips: I reside at 1114 Oakwood. I have been elected to represent the neighbors. We had a meeting and our main concern is we would like our neighborhood to remain a residential neighborhood. It fu already zoned SF-7 and there is a house there. We wculd prefer the commmercial land that is already zoned commercial be used. Some of our concerns are traffic problems, our tree buffer, the lights, our property value going down, our privacy being lost, crime, property won't be kept up in the future. There are three hotels within the area, and we feel there la apotential lformoverde- \I velopment. We oppose the zoning. • Mr. Engelbrecht: Were you present at the meeting or have you seen the site plan? Ms. Phillips: We felt like it was a done deal and we weren't going to have a choico. We wanted to know what the least was you can accept. Like we really didn't have a choice and what can you live with. But, after we had • • A some time to think about it after the meeting, it really wasn't a done deal and if we really don't want it there, lI we need to come and expr3ss that to you. Mr. Engelbrecht: Are you concerned there will be more ~ o , • cti ~L 1 ANo Minutes PiZ Commission 4M-=-----_ June 22, 1994 3f ~,~J Page 16 D traffic on your street? Ms. Phillips: The people on Lindsay ar•s concerned that they will. From what I understand, the Sands doesn't have adequate parking as it is and they park on Lindsey now on Friday and Saturday nights. Mr. Engelbrecht: Have you approached the city about enforcement actions in terms of parking? Ms. Phillips: I spoke to Sergeant Lanqford about existing problems. He said he would get me information tomorrow. Mr. Engelbrecht: Previously, have you or other neighbors contacted anyone in the city, police, or otherwise about parking or other problems you may be having? Mr. Cochran: Is there a problem with the club? Ms. Phillips: Yes. Mr, Cochran: would you point out where your house it? (Ms. Phillips showed the location of her home,) Mary Jo Hill: Ex-county clerk. We have lived in our house for 46 years. That's my husband Ed, my sons Don and Mike. We have between 1/2 and 3/4 of an acre of land. It is fenced and we have double fence because I have a guard dog in the back. We like and we appreciate the privacy of our place. I realize this is not an emotional situation for you. I apologize for my letter and what I said. The traffic is a problem, the sewer line is a big problem, and 1 the noise will be almost unbearable for us because of the parking lot. Our bedrooms are on the east, we do not have central heat or air, and we like the fresh air, but the A parking lot will be approximately 30 feet from our bedroom. The second story will give people the privilege of watching every move we make in our back yard and if they have spy glasses they can see in the bedrooms, it is just a very upsetting situation for us. It will cause us financial problems with installing central heat and air. The trees along the line are huge. Thero will be some ~D problems with the fence line and the tree line. The • • owners didn't have the decency to talk with us, I wasn't able to come to the meeting because my doctor had ordered me not to get on my foot. I would have loved to have talked with the developers. It is possible we could have • ~a • Minutes IP&Z commission ~~L ~~'/fIc/S June 22, 199 ~.Z dial page 17 0 1 worked out a compromise, we are not unreasonable: people, we just want to live the rest of our lives the way we hava been living. Mr. Cochran: The parking lot edge would be 30 'rest from your house, how far would the actual building be from your property? Mr. Yost: It is approximately 95 feet from the Hillis house to the building. Ms. Hill: Who will take care of the area between the wall and our fence? Mr. Yost: The applicant will. Mr. Engelbrecht: Is there anyone else who would like to speak in opposition? Henry Austin Smith: I reside at 1305 Lindsey Street. I am very proud to be. There are a lot of people who have pioneered our city, Dr. Huey, I graduated under your leadership. My wife and I are nurses, r chose Lindsey Street because it is a family oriented street. Mr. Yost recently helped me replat a piece of property on my street, There is another church on the corner of Lindsey and McCormick. since we have been there, we have been i watching the two areas closely because we did not want any hotels. Maybe a Hilton, but not an inn. We have a traffic problem. We are constantly telling drivers to slow down, Everyone thinks people will drive down I-35. That is not true, we have found people have come off of McCormick street exit, missed the service road and zip up Lindsey Street. They come through there and almost hit the people at church time. I have also noticed, there seems to be a shift in Denton. The clientele on the other • side of North Texas to where it is more of a criminal area. We just gat rid of a crack house on Lindsey Street and I-35. We ave seeing people staying in hotels who can not afford a house or an apartment. They live there weekly. We would like to break the curse that is trying to develop on our highway of hotels or i6ns, We do not want inns developed in our area. It would start off being © very nice, but it would regress. • • Mrs. Russell: There are a couple problem with. Addressing o! twith the hings I only having s being to enter and leave parking, t thI 35 access rod~cthe 30- • O • /~IAAIMo~~'O 2 Minutes PiZ Commission June 22, 1991 Page 18 . traffic is escaping me. I realize a few people will miss the turn off and come back, but there is only one way to got in and out. Mr. Smith: In the hotel there is only ona way to get in or out, but there are two ways to get to the hotel. One is the service road at I-35 and the other is Lindsey Street. To get to the hotel, they use our street. People make "U" turns on Lindsey Street all the time. This is a problem. Mrs. Russell: That could be a problem with anything that is built there. Something will be built there, and it won't be homes. 4 Mr. Smith: We could block off Lindsey Street. We are also looking at the trend and clientele. Mrs, Russell: Where is your information on who would be staying there. Mr. Smith: They are saying it will be a n'.ce hotel. What I am saying is what I have been seeing develop in the inns in that area are two type of clientele. one is individu- als who are passing through, the other people are people who are coming and living there. They are not homeless because they are not on the streets yet. Mr. Engelbrecht: Have you talked with the city regarding traffic? Mr. Smith: I have never talked with the city. The city has done several surveys. Mr. Engelbrecht; There are things that can be done. That is a residential street. • Mr. Smith: We don't want any inns, we are looking for a different type of commercial product, not one where people are staying. Ron Webber; I reside at 1700 Lindsay Street. My father and I moved to that location J months ago. All my life my I9 family has leased and rented. This is the first place we • have found that is calm and quiet enough. There is no reason for anyone other than the residents to go down the street. Any business is going to bring all types of elements. We are trying to be particular about what type • • Minutes PiZ Commission 3 h 9 June 22, 1994 Page 19 9 of business is going to be built there. If this is allowed to be done, what will be next? We want to keep it a neighborhood. Uniess they are looking long term, there is no reason for this to come in. If you let one come and stay, anyone else can come in. Mr. Engelbrecht: Is there anyone also present who would like to speak in opposition to this petition? Jimmie McMakim: I live at 1211 Lindsey St. When the villa Capri moved in up there, it was really, really nice also, but it isn't nice anymore. we are just thinking about the next year or two, we are talking long term, I would rather it be toned as it is now. Mr. Engelbrecht: Is there anyone else present who would like to speak in opposition to this petition? Since there was opposition, as the petitioner, you have the opportuni- ty to speak in rebuttal to the remarks made if you would F like to do so. Or. Rana: Ms. Hill said that we did not have the decency to call the people, we held a neighborhood meeting last week, she was welcome to join us. I think she had other family members who could have come and presented us. I think it is not very nice for her to say we are not decent enough. We wasted a whole evening last week, we are sitting here from 5:00 until probably 10:00. 1 think her concept is totally wrong. The second thing is, the gentleman after her, these people really don't have any concept of hotel or inn. I think their idea of the hotel is the same as Sands Hotel. I think they are wrong. They think the people who stay are going to jump over the fence. The people who are going to • stay in this kind of motel, do not have tame to look out the window to see who is staying next door. I think their concept is totally wrong. The picture in their mind of what kind of people will be staying is totally wrong. I hope I can change their mind and they thin), what 1.s in the picture. He should go look at the hotel, it is one of the choice Hotels we are going to build. It is ir, Plano on Plano Parkway and Preston Road. The gentleman who said he ' • 0 ® didn't need a job, that is fine, but there are people who need a job. This is a business that will'create jabs. Mr. Engllbrecht: Questions for the petitioner? _ r, • • AV6 No QS-Q2°z t Minutes Pit Commission S June 22, 1991 Page 20 35~ P`j Mrs, Russell: In your rooms, are they suites with kitchenette? Ms. Rana: No, this is mainly meant for the business class people. It has a modem for the computer, it has a business phone, and an attachment for the fax machine, Mrs. Russells What are the estimated charges? , Ms, Rana; The one that is open is $39,00 and up, Mr, Cochran: Will there be food served on site? Ms. Rana: No sir. Dr, Huey: Have you or the firm done any survey about the demand for a hotel in this area? Ms. Rana: Yes, they have done a survey and came up with this site, Dr. Huey: Do you people doing business o in Denton this people passing through? Ms, Rana: It depends. Dr, Huey; What is your thinking about having your location next to a hotel having the reputation of the Desert Sands and your decision to locate in that site, Ms, Rana: As a business person I realize the owner has his business. Being next door has no effect on his business or our business, We want to build a fence. Dr, Huey: You don't think it will impart the conduct of your business, • Ms, Rana: It should not. We are not looking for that type of clientele, Dr. Hueyr it was pointed out that you own property to the south of the site. Comment upon the potential for using some of that property that is already ;:on'ed so that you ® could move ahead as compared with the plans that would require the rezoning, 1 Ms, Ranac This is the next alternative, This corner was a little bit more visible for the plan we'have. ~3. • 0 • • q~~,g-S=0Z2 AOI~teRt~~s~:~-- Minutes PiZ Commission Dde_._ s June 22, 1994 36 0$ X~j Page 21 i~ Dr. Huey: You would intend to move in that direction. Tell me again where you live. Dr. Rana: I live in Garland. Dr. Huey: Now long have you lived here? Dr. Rana: For about 18 years. Mr. Engelbrechti Under the proposed plan, is the fence to be built so that the small frame house will be included or outside the fence? Dr. Rana: I really don't have that information. It doesn't really go along with the hotel. Mr. Engelbrecht: Other questions for the petitioner. The public hearing is closed. Petitioners, do you have questions for staff? Mr. Yost: No comments. Staff does recommend approval for reasons just stated. Mr. Engelbrecht: There are a number of trees in that buffer area on the far side of the frame house, would those remain? Mr. Yost: Yes. The condition we are asking for is if they are within 25 feet of that property line, they would be preserved. Mr. Engelbrecht: They would be counted as part of the buffer yard and infilled with additional trees to complete that buffer yard. Mr. Cochran: Can you give me a better description of the • buffer yard and vegetation there? Define height of tree buffer and density. Mr. Yost: At maturity it will be totally dense. You couldn't see through it at maturity. Mr. Cochran: Do you know what they intend to plant? Mr, Yost: There is a variety to choose from. Mr. Cochran: is it their option as to how large of trees they go in with? • o • • Minutes P&Z Commission dlb-~. -C~5 June 22, 1994 Page 22 37© Mr. Yost: It is their option to a point. We have a list of required trees . Mr. Cochran., Is there any type of regulation on the tree size? Mr. Yost: Two inch trees at least, Mr. Cochran: Where will the most logical exit be? Mr. Yost: It is shown on the site off of I-35 at that point. That location has been approved by the Traffic Safety Commission. Mr. Robbins: The condition of off premise sign has to be off of premises Mr. Yost: I an told that this site is on a hill, slight rise, so you would have more visibility. Dr. Huey: I wanted to get clarification regarding a statement made by one of the residence that there are two entrances to this property. Mr. Yost: To the site itself there is only one. There would be no access to Lindsey street. Dr. Huey: The driveway to the existing house would be the only one? Mr. Yost: That is correct and that would not lead to the motel building. Mr. Engelbrecht: Other questions for Mr. Yost? Dr. Iluey: I have a question for Ms. Phillips, you said ® the property to the south was owned by the petitioner, does this mean the notion of a hotel/motel at that site is something that would not be as much of a problem for you? Ms. Phillips: I was given the impression I had no choice because it was commercial property. Actually, having given it some thought, I feel it would be farther from my • house than it being 1 1/2 yards from my back yard. I • • wouldn't be seeing as much of the hotel. If I don't have a choice about it being there, I would prefer it to be there rather than in my back yard. • r~ • AOM~hr'~~~-_ Minut's Pit Commission June 22, 1994 Page 23 Mr. Engelbrecht: Mr. Yost, would you revikaw the zoning on each of the areas as it currently stands? Mr. Yostr Ther-t is a zoning line roughly down the middle t of the site, The property to the we:.6 of the line is 8F7. The property to the east right now is commercial. Mr. Cochran: Has there ever been a structure on that vacant single family lot? Is +here an extra lot. Mr. Yost: To my knot-ledge, only the frame house, Mr, Cochranr According to what I see here, there is an extra lot there. Mr. Yost: There is an extra house there and the lot that goes with it. That is the house that is supposed to be a manager's home, Mr. Cochran: I know about that one, but I assumed that the distance between where the house is and the single family line is logically a single family lot, Mr. Yost: They may have teen deeded lots, but never platted lots. We wouldn't have a record of that. Mr. Cochran: The distance between the zoning line and the property line is how great? Mr. Yost: I would have to look at one of the full size site plans, Mr. Engelbrecht: You are speaking from the 9F7 line all the way to the west property line? Mr. Cochran: Right. • Mr. Engelbrecht: There is already one house there, that is 130 fee',, that would have to be split in half. That would give you a 65 foot frontage. Mr. Cochran: I hate making these decisions when we get single family neighborhoods against commercial develop- ments. It is probably the worst thing we have to do up • here. We have been through a lengthy process the last couple of years trying to devise a zoning ordinance that would make that more peaceful, and to create a zoned district called mixed use, one of the ways we are trying 36. s a W 4i Minutes P4Z Commission I~Id fy 7D_c~~< June 2e, 1994 - Page 24 39~ y to modify was by creating buffer yards. I don't know how this particular buffer yard compares to the buffer yards that we have theorized under mixed use zoning. It looks like to me it would solve a lot of problems. Nobody likes to have something new to go in next to their houses. I certainly understand and identify with that. I live next , to a very ugly apartment complex. For a while, it caused me a great amount of pain whenever I would go out and look at it. Now, I would have to say they probably complain more about my kids than I do about theirs. The fact that the interstate has been overlaid over an existing single family neighborhood, it has caused a problem. The fact they have agreed to all of these conditions, it seems to me a real demonstration of good faith. I get the impres- sion that you would be able to deal with the neighbors. I realize that it is going to affect you, but the fact is, they own the land. They could develop it in a lot of different ways. The uses that are allowed could be much more offensive than what is planned. Mr. Engelbrecht: We have to stop public input, Commis- sioners, other comments? Mrs. Russell: In looking at this plan, it would seem to me that the buffer, with the way the hotel is set up, it would aid in the sound pollution that you are now getting from I-35. I went over in this neighborhood and I-35 is whizzing by and can be heard very readily. If they are going to have a two story building and plant trees, that might be a plus for you, that would provide a sound buffer. Mr. Engelbrecht: I am pleased with the buffer line we see 1 there. In addition, many sites we see .have no mature trees. This site does have mature trees. I heard another issue continually raised with current problems they face • with traffic from the other facility, , I think the construction of this facility might decrease the traffic. I highly encourage you to organize a group, I have done that myself. The planning, engineering, fire, police, and other departmental came to all of our neighborhood meetings. We constantly are working to get things changed. Mr. Notton: I move that we approve 2-94-007 with 10 recommendations attached. Mrs. Russell: I second. 0 it No 9S Minutes Pit Commission tMe_~z June 22, 1994 Page 25 { Mr. Englehrecht: it has been moved and seconded to y recommend approval of Z-94-007 with the 10 conditioned attached. I too would like to say this 'is not an easy situation, it never is. Dr. Huey: I perceive this also as a very difficult situation. I see zoning as a protection for residents. I think there are options for the petitioner and I will not vote in favor of the motion. a Mr. Engelbrecht: All in favor of the motion? Motion carries 5-1. Dr. Huey opposed. We will ta;:e a ten minute break at this time. Meeting resumed at 7:50 P.M..1 IV. Hold a public hearing and consider the rezoning of a 17.9335 acre tract located on the east side of Ruddell Street south of the extension of East Hickory Street from single-family dwelling (SF-7) to Light Industrial-condi- tioned (LI(c)). Staff. Report given by Debra Goodwin. This is a request to rezone 17.9335 acres located on Ruddell Street. The commission looked at the plat on the property on June 8, 1994. The city council approved the plat last night at their meeting. I will briefly go over the infrastructure. There will be additional dedication along Ruddell. A sidewalk would be required at the time of the final plat. You may recall that this property is being split into two lots. They will be final platted separately. Access to the property will be at E. Hickory and Ruddell Street. There will be no driveways allowed further down on Ruddell. The access will be through the ' ® existing county property to the east or at Hickory and Ruddell. T' -)roperty is currently vacant. Denton County owns the . ,party and plann to construct a vehicle maintenan.:a facility on Lot 1. Future plans for the property include other governmental uses, offices, courts, etc. The zoning that we are proposing on this piece of property is similar to the zoning that was approved on the p, county property that is directly east of this property. • • That particular zoning limits the use of the properly to public buildings for local, state, or federal government ` and professional and administrative offices. That particular property allows correctional facilities with a specific use permit. Staff is recommending that particu- • Q • APONO 5 OZ 1Z Ao" Minutes PiZ Commission DRIl95 June 2 2 , 1994 q 1 Og gL? Page 26 lar use not be allowed on this property. The property is located in the low intensity area, but as the property is owned and will be utilized by a governmental agency. The k policies of the Denton Development Plan will not be applied to this particular request. What we are looking at is basically a reference from the Texas Attorney General. It states that political subdivisions are immune to strict interpretation of the municipal zoning power and we have to use a rule of reasonableness. It is staffs opinion that this would be a reasonable use, for this place of property. Twelve notices ware sent to property owners within 200 feet of the property in question. One response was returned in opposition, one was undeliverable, and r did receive a phone call from one of the notified property owners asking questions and he indicated he would be in favor of the proposal, I did not receive a written response from that person. Staff would recommend approval of case number 94-013 subject to the condition that the permitted uses on the property be limited to public buildings for local, state, and federal governments and for professional and administrative offices. Mr. Cochran: In your recommendation, ctn you clarify what you mean by public buildings for local, state, and federal governments, does that mean garages? Ms. Goodwin: For governmental agency. Ms. Flemming: Could the driveway not come from McKinney St.? Ms. Goodwin: This property does not have frontage on McKinney. I think the county does have plans to have access from the complex that is on Woodrow and McKinney to • this piece of property. Mr. Engelbrecht: The facility could b9 accessed via another route other than the single family residence? Dr. Huey: Does this map include the property we rezoned ® the last time? Ms. Goodwin: No. Dr. Huey: Why are we doing this in two steps? • o _1 d r, a s,~8 Minutes P&c'L M April 12, 1995 Lo F 9s-(122 ; Page 8 QNO._ ..,7 ' W.+~.. _ t Ottte_._. their desires By taking another look at the apartments in District 4 I think it would to everyone's benefit and to the development of Denton. Mr. Cochran: Would anyone else like to speak in favor of this petition? Would anyone like to speak in opposition to tkis petition? The public hearing is closed. Mr Burke do have a question. You made a statement about noise being louder on one. side aI s opposed to the other side, Can you explain that to me. Mr. Burke: 1 wish that I knew the reason, The land on the south side of the Loop is lower and the hill is increasing as you go northward, it just s^ems like it is louder when you go over the brow of that hill and I don't know the reason, Mr. Reeves: There is one condition that is proposed and that is that there will be no access to loop 288 from these districts. It was proposed by the applicant. Mr. Cochran: Any comments Commissioners'? Mr. Norton: 1 would like to compliment Mr, Burke and Mr. Brown on the way that they worked with the community. I move that we approve the amended plan for District 1, 2, and 3 of this proposal as SF-10 and SF-7 with the condition of no entrance to Loop 288. Mr, Cooper: I'll second, Mr. Cochran: All those in favor please raise your right hand. All opposed same sign. Approved. (5-0) VII. Hold a public hearing and consider rezoning about 3.7 acres located south of Lindsey 1 Street adjacent to I-35E from Single Family-7 (SF-7) to Commercial (C). • Mr. Reeves: As you will recall at the January 25th P&Z meeting Mr. Robbins brought forth a request to initiate a rezoning because en error was found and there was no docurnentation to support the zoning map and the area as It was presented since 1975. On the 25th the Commission decided not to inl(We a rezordng on this property but to instead allow the owners of the property to apply for rezoning without a fee. That has 1 happened and that is why we are here tonight. I am not going to get into a long intensity analysis of this because the property, when the development plan was done was analyzed • 0 0 not on the basis of it being commercially zoned property map reflected at the time. 1 will say hat if the 1969 zoning map isl ,affirmed then the area is over allocated at one hundred and seventeen percent aril there will be • • qS, 0~2 Q Minutes P&Z DO- April 12, 1995 LO g9 Page 9 ;f approximately a ten percent reduction in the over allocation making it about one hundred and seven percent. By making it SF-7 it brings up several other problems given the commercial areas to the east, the multi-family area to the southeast, I-35 directly to the north, based on that and some discussions that have been held with various real estate professionals in Denton it is not likely that this property would ever be developed as single family. Staff also looked at a few other options, perhaps office zoning on the front and multi-fancily on the back. As you can see from this drawing it creates a few problems. First with the office zoning there is not a substantial difference as opposed to the commercial zoning. If the back half of the property was rezoned to multi-family district, because of the recently passed ordinance amendment that would prohibit platting of lots with incompatible zoning districts. You would have a land locked piece of multi- family and you would create a situation where anybody trying to plat and use that property would have to come back to the Planning and Zoning Commission to rezone a small strip to get the required street frontage. We have come to the conclusion that we are going to recommend that the 1975 zoning map as it currently shows the zoning line he affirmed. Mr, Cochran: Are there any questions at this lime? Mr. Reeves: We sent out eighteen notices including one to the Texas Department of Transportation. We received sixteen back, all opposed. There was no response from Mr. Morrison. If this goes to the City Council then the 20 percent rule will be invoked. Mr. Cochran: Would the petitioner like to speak? Mr. Art Anderson: My name is Art Anderson and my address is 5400 Renaissance Tower in Dallas, I am representing the owner/applicant RPS Ventures, This is kind of a unique zoning case, Usually I am trying to show why the zoning map should be changed. People make decisions all of the time based on the city's zoning map. People buy property, they sell property, they decide whether they are going to develop property • based upon what the zoning map says and what the zoning is not only on their property but on the property around it. In this case the city zoning map has shown the line here since 1975, for twenty years. People have owned property in that area and in fact previous owners of this property have made their decisions and made transactions based upon the city's zoning map and representations that were made with this particular tract of land zoned C for commercial district. This case is not a surprise. We are not coming in and asking to rezone the SF-7 which was a previous zoning case before I came to • represent the Rana$'. We are just reaffirming the line as it was represented for the last twenty years. My clients specifically relied on the zoning map when they purchased die land. They paid a purchase price based upon the commercial zoning and they paid a non • c~ • ~10aMo 9 Y Rpllldlf Minutes P&Z QN! 2 s April 12, 1995 ~U Page 10 refundable thirty thousand dollar franchise fee based upon the commercial zoning. From a planning standpoint we are in agreement with staff that the tract is undevelopable for single family. In addition to the location, the other problem that you have is that there really is not any room down there where you could cut a street to develop single family } residential. We are in agreement with what the staff says in their recommendation, Their recommendation states that, "ultimately what this request reduces to Is a matter of fairness. The zoning map has reflected since 1975 an apparently erroneous zoning line. ' In the period between 1975 and today a development decision was made and the property purchased in part on the basis of that erroneous line. Therefore, we are going to request approval to reaffirm that the zoning map show the line that has been there since 1975. Mr. Harris who was the original broker is here to make a presentation. Mr. Robert Harris: My name is Robert Harris and my address is 5311 1.35 N. I was ' the original broker for 3.4 acres of this tract, 2.68 acres of that was represented as being zoned commercial, On my listing 1 checked with the city staff and I represented it as commercial. This was in the early '90s. I have had it listed for several years. The Central Appraisal District showed it as being commercial. We represented it as commercial all along with the other portion being SF-7. Mr. Cochran: Do you know how many people have owned this property since 1975? Mr. Harris: The gentleman that I represented had sold the property in the mid '80s. It was repossessed in the late '80s so he now had in back in the '90s. I know of two owners that have had it but it has been under three different ownerships, Mr. Cochran: Any further comments or questions? When you represented this property as commercial did you go to the city'? Mr. HarriS: I went to the city and obtained a zoning map. I visited with city staff about the possible uses. • Mr. Cochran: Would anyone like to speak in favor of this petition? Mr. Gerald Yenson: My name is Gerald Yenson and I live at 2286 W. Oak. When this property was sold to the current owners I did a survey of this property and after 1 had surveyed it the city notified me of the zoning line, When I prepared the plat later I used • that information and confirmed it with the zoning map that I have. I would like to point • • out as a matter of expenses that the current owner has paid twenty-five hundred dollars for platting property and the plat has been denied. All of the work that they have had me du is based on their knowledge of this same 1975 map. I would like to say that I I Vol. • o • ca • 40* Mo._S'4'z2 APW"C Minutes A&Z ~ a April 12, 1995 Page I I think that it is only reasonable for the city to honor a map that they have made public knowledge for twenty years. It is not standard practice for surveyors, engineers, developers, or realtors to research specific ordinances when they go to find out what the zoning is. They go and look at maps like this and I have done this for over thirty years in California, Illinois, and Texas. My procedure has always been to go to the city planning department and look at their map, I feel like the fact that it was researched to find the ordinance to justify the map, that is something that is just not standard procedure. The fact that they are here now trying to rezone this, I think affirming the existing zoning is a more accurate way to look at this. They are supposedly rezoning something that has been zoned this all along as far as any public knowledge. I would ' like for the city to do the right thing as far as honoring the Information that they make public. I would also have to say that for the city to push the issue and to force it into a lawsuit, this would be expensive for me as a taxpayer, for the city, it would be expensive for everybody and going to court is usually the worst possible solution for a case like this. 1 would just ask the city to be reasonable and to honor what the map has shown. Mr. Cochran: Is there anyone else that would like to speak in favor of this petition? Would anyone like to speak in opposition? Ms. Mary Jo Hill: My name is Mary Jo Hill and I live at 1203 Lindsey. We are the adjoining property owners to the house that was burned. We have lived there for forty- eight years. We were originally in the county and when 1-35 was proposed we were not notified because we do not have frontage to I-35. Mr, and Mrs. Fred Hansel owned the property to the east of us and across the street from us. There were no hotels, motels, honky tonks, or gas stations in our area, because we were in the county. We have never been notified when any of the property was changed to commercial zoning. I do know that the property in question, part of it was commercial in 1969. Thal is the only time that the property has been zoned commercial. I know for a fact that the Hansels' would not have ever allowed any of their property to be zoned commercial. Mrs. Hansel died in 1982, All of the property that is fenced in was their homestead. We have all of the • commercial zoning that we need. It is the entire area and we have banded together. We are in opposition to any correction. Leave the 1969 zoning as it is. Mr, Cochran: When did it first come to your attention that this property was thought to he zoned commercial? • Ms. Hill: In the early 1980's there was a sign that said the property was for sale and r • • it said that it was commercial. It was on the property adjacent to the Hansel's property to the east. Y3. 1 • a f rOMdtNok~k Minutes P&Z April 12, 1995 Page 1.) LMr. Cochran: How many people have owned this since 1975? Ms. Hill: Mr and Mrs. Hans,:; bought it in 1947 from Monk Ciearman and they owned it until they died and then their heirs inherited it. fn 1993 the original heir died so it passed on to his mother and sister. i Ms. Kathy Turner: My name is Kathy Turner and I live at 2110 Mercedes. We have been there for eight years and we have seen improvements in the neighborhood We live on Mercedes where it dead ends into the open field. There are a lot of young families that have moved into this area. We have Borman Elementary at the other end of Mercedes street, there is a recreation center down there, we have a scout camp a little farther out. These developments in my opinion are better for the neighborhood overall. Currently the development that has taken place along 1.35 and Ft. Worth Drive Is primarily commercial and is more for profit and not for the good of the community. We do not welcome another motel, We need to look at it for the long term and not just develop it for immediate profits. I think that if the land is up for consideration of development 1 think there are things that can be done that would benefit the surrounding area over the long term. 1 am aware of the money that has been paid by the owner but I would like for them to consider the neighborhood around them. Jimmie McMakin: My name is Jimmie McMakin and 1 live at 1211 Lindsey. We are here tonight as a neighborhood, 1 am in agreement with Ms. Hill and 1 have lived there for forty-four years. We have never known that land to be commercial and to rezone this land commercial is to put another motel in our area and we are against that. Our future is in your hands tonight and we ask you not to rezone this property. We have some letters of opposition that we would like to present tonight, Ms. Schertz: How do you know that it has always been residential? Ms. McMakin: We have tried to confirm when we were brought Into the city. I think that if It had been commercial we as neighbors would have : nown it. • Ms. Schertz: As people come up and talk if they have any documents, records, or anything that will give the Commission some direction as to why it Is residential? Ms. McMakin: We have all kinds of records like warranty deeds. ® Mr. Cochran: When did you go the central appraisal district? r Ms. McMakin: It was about six months ago, yY o 0 c~ ov9S-o~ Minutes P&Z S April 12, 1995~~~ e Page 13 y7 Cfb~9 Mr. J. E, Tadlock: My name is J. I-. Tadlock and I live at 1911 Mercedes. I have lived there since 1965, Since I moved there we have had a school built, two churches, and four motels. This has all been built within a mile's distance so we sure don't need another motel, I have done a lot of community work so I have not just been idle while my community was growing. I worked with them and as far as I know it has never been rezoned. We have fought rezoning attempts and they have never passed, I think it makes a lot of difference to tear up a whole community for one plot of land. Ms. Joyce Nay: I am Joyce Nay and I live at 2077 Westwood. I am a new homeowner there and I have lived in Denton since 1969. I have spend my money on improving my home, I hope that some day I can say that I have lived in my home for forty to six[y years. That might be an emotional concept but that is what Denton and Visions is about, That is what we talk about when we live in Denton, when we choose to live in Denton, We really don't want this motel here. What I do in my business is to sell Denton to all kinds of organizations from all over the state of Texas for seminars and such, I book the Radisson Hotel and some of the other motels for overflow and I would not use that particular area as a business person. It is not attractive to shopping or conducive to some of the events that are going on. I have really thought that over as a business person. Personally as a homeowner and secondly as a business person this project does not really have good merit. It is not a vision for Denton. Ms. Rachel Mays: My name is Rachel Mays and I live at 1505 Kendolph Street. I am speaking against [his for several reasons. II seems to me that if it was drawn in 1969 and there arc not any records of it legally being it changed then someone has obviously made a mistake and I am sorry about that, We too have acted in good faith. I have chosen to make this my home for a good many years and I intend to continue to, We feel very fortunate because we are conveniently located. It is an ideal location for families and for the communities that are there now, We regret that mistakes have been made and we regret that money has been lost but we too have acted in good faith and we bought this for family homes and we would like to preserve the neighborhood as it is now. We need to go back to what was legal, we need to go back to the 1969 map. • John Alexander: My name is John Alexander and I currently live at 617 Tennyson Trail in Southridge but I do own property at 711 Mercedes. I lived on Mercedes for six years and at the time that I moved to Tennyson Trail I did look at the city's plat maps which were the 1955 Wiley Batas tract maps that do show the whole area as residential. It was all platted out as residential. I recently put my house up for sale and I had a buyer for I O the house. The buyer came to me and asked if I knew about what was going on with the • • property down the road and at that point I asked to be let out of the buyer's contract, 1 At that point I did not feel that it was fair for me to hold them to the contract, My 0 0 Minutes P&Z April 12, 1995" Page 14 dg 6 realtor has told me that my property value will go down if this commercial project comes in. Mr. Cochran: What year did you move over to Mercedes? } Mr. Alexander: I moved there in 1979. Mr, Cochran: So in '79 you did some checking as far as the zoning? And where did you check on that? t Mr. Alexander: I checked the zoning at the plat department and I recently got a copy of the plat map. I (Discussion) i Ms. Jennifer Phillips: My name is Jennifer Phillips and I live at 1114 Oakwood. My concern is that there has been all this publicity that Denton is opposed to new business and I feel that there is a lot of pressure to approve this deal because of all of the publicity. Just because there is pressure I don't believe that you need to make a bad business decision and I do believe that this would be a bad business decision. I think that if the owner would work with us then we could come up with a solution. There are things that we will agree to. Dr. Kathleen Eiland: My name is Dr. Kathleen Eiland and 1 live at 3919 Lariat. I am here to talk about intensity, They claim that the intensity is not going to change but it is currently over allocated by one hundred and seven percent. The Radisson Hotel is given a specific university rating even though it is not owned by the University. It is given eighty-five trips per day because of the university rating, Obviously the Radisson is not a Monday through Friday, eight to five classes kind of a business. If it were given the allocation for commercial property at three hundred and sixty trips per day, there would be a dramatic increase in the intensity. That alone would probably raise the intensity up to one hundred and fifty percent in our area. This is negatively affecting our neighborhood, and our property values. I was lucky enough to sell the property on Lindsey street that I owned and I did tell the people that bought my property about the proposed hotel. The Denton Development Plan says that the purpose and intent is to protect our neighborhoods and if you are going to change the zoning and the intensity of t) an area you need to make sure that in the residential areas you have small nodes of non- 0 residential establishments intended to offer mainly convenience goods and services at the neighborhood level. This hotel is not something that the neighborhood needs nor wants there. If the Ranas would meet with us then perhaps we could agree on something. To y6 . f • G3 O w qs-o . st Minutes P&Z n r April 12, 1995 Page 15 change the intensity according to the Denton Development Plan you need to have a study done before you can change the intensity. Ms. Tammy Brakeen: My name is Tammy Brakeen and I live at 1213 Lindsey. [ am a recent homeowner and I have lived there for twenty-four months. I loo have invested thousands of dollars into my home. I have made an investment in our neighborhood and I care about it. k , Mr. Austin Smith: My name is Austin Smith and 1 live 1305 Lindsey street. Our neighborhood is a unique neighborhood. We have a lot of different homes in the area. Mrs. Hill and Mrs. McMakin were here in this neighborhood before 1.35 was there, they have never received a notice that this land was going to be zoned commercial. There was never a public hearing for it, there is no record for a public hearing ever. There have only been three owners of this property. The original owners show that they made an agreement with the Church of the Rock to allow the use of the land. Then the land was taken back and sold to RPS, if you look at Ft. Worth Drive you have an array of businesses including a lumber yard, a pawn shop, a night club. When you go down I-35 there are five hotels starting with the Radisson, Royal Suite, Days Inn, Desert Sands and La Quinta. To the west there is heavy industry, and to the south we have Acme Brick. We can only grow to the east where there is a cemetery and the boy scout camp. You can either help our neighborhood grow and prosper or you can hurt us. You should know what the heartbeat of our neighborhood is because we have been down here for ^qht months. We need to know what the heartbeat for RPS Ventutes is? We want RPS .C.-Mures to meet with the neighborhood. We want you to put it on them to work with the neighborhood. We want to work with them and we want it to be developed correctly. We are asking you to help us turn in a new direction and we are asking RPS Ventures to work with us, Mr. John Weber: My name is John Weber and I live at 1300 Lindsey. There is a variance on this. 11 looks like the commercial property tried to follow the commercial lines for the existing hotel and club, The 1975 lines don't follow the property lines. There are discrepancies in the maps themselves and I assume that is why we are not showing actual zoning maps here. I am on the Visions Committee and in there we are talking about promoting neighborhoods and promoting entryways. The entryway south of us is not very pretty, I think neighborhood development would be a lot prettier and I think that is what we should concentrate on, That land was originally supposed to be a park, that is what the original owners wanted it to be. That is what I would like to see • O it used as. It is not a good family area and it is not a good commercial area. Let' beautify the area, let's not continue to look like we have looked. We would like to work with the Ranas if possible but so far it just hasn't happened, I would ask the city to look • ra 0 ~lldeNo. °►5-a22 Minutes P&Z April 12, 1995 Page 16 very carefully about developing that area around the church as a park area. Something that would help the entire area. Mr. Cochran: Is there any more opposition? I would like to call a ten minute recess at 7:00 p.m. Meeting reconvened at 7:15 p.m. Mr. Cochran: There is another gentleman that would like to speak in opposition so let's give him an opportunity to speak. Mr. Lynn Brooks: My name is Lynn Brooks and I live at 2314 Mercedes. I am the president of the Denia Area Community group and I am representing that group . There has been a lot of talk about motley and it was my understanding that the original sale had a condition to it and that it would not be final until the final platting was done and the zoning was in place. It is also my understanding that they jumped the gun and if they had waited until it was all done then they would not have been out all the money. As far as I can see that was just bad business on their part. What it comes down to is that they arc going to put a motel in our neighborhood. There are a lot of places around Denton that could use a motel much more than our neighborhood. I would like to have everybody strnd that is opposed to this, (Approximately thirty people.) Ms. Roberta Dunsbach: My name is Roberta Dunsbach and I live at 1426 Kendolph. We have appreciated the neighborhood for its diversity and for its stability, One aspect is (hat we have some of the most beautiful gardens In Denton and we have some houses built by local architects. This is an aspect of the neighborhood that should be valued. Ms, Carol Brantley: My name is Carol Brantley and I live at 2106 McCormick. I am opposed to the hotel. One of the main reasons is that we have four motels in the area. Most of the motels in Denton have less than fifty percent occupancy every night so we • do not need another motel in the area. Mr. Cochran: Mr Anderson you are allowed five minutes for rebuttal, it Mr. Anderson: I would like to respond to the last gentleman who spoke. The 1 information that he gave to you was incorrect. That Is the concern that 1 have in this ® case, information that is being conveyed by various parties that is not exactly based upon • first hand knowledge, To the best of my knowledge that gentleman has never read the contract nor talked to anyone first hand, His comments concerning the conditions of the contract are totally incorrect. It Is like his continent that they are going to put a hotel y6P . , AQ~duNo 9 L~kL7 Minutes P&Z J~ April 12, 1995 Page 17 S~ c S within thirty feet of a bedroom of somebody's house. That is the type of information that helps to create problems because if you look at the zoning map as it stands today, the tracts of land are separated from the developed residential by a significant distance. When we are talking about why someone may not have received notice of the zoning change, 1 don't know, I am trying to find a way to correct it in an equitable manner but as you are aware on our zoning statutes notices only have to go out for a distance of two hundred feet. When this case came before you last time and they were talking about rezoning this SF-7 tract to the left that is what .1 believe to be a legitimate concern. I think that it can be designed in a way to minimize the impact on the neighborhood. The bottom fine is that was viewed as an intrusion even though it was just a parking lot into a developed neighborhood. It was considered to he an extension of the commercially zoned property. To the best of my knowledge during the zoning case no one ever doubted or even questioned whether or not that line was appropriate for commercial zoning, The real issue at that point was should you intrude, should there be access to Lindsey, all of those types of issues that are appropriate when you are trying to change a zoning classification. We are not trying to change the zoning classification here we are trying to confirm and reaffirm where that !:ne has been shown for twenty years. I understand that the neighborhood is different and it has been affected by the impact of I-35. 1 think the neighborhood is doing the best they can to try to address those types of issues and in a normal zoning case I would be the First one a%a there trying to talk to the neighborhood. I did not do that in this case because in my opinion and I think the opinion of the staff we are simply reaffirming the line where everyone has known and understood it to be since 1975. In terms of the facts that we have, the facts are that we have a zoning map that from 1975 to the present has shown that line to be commercial. I think everybody agrees that it has been in the city records, it has been open to public inspection. I know that the city requires me to be aware of city laws and documents and knowledgeable of those, As has been stated by the broker that property has been shown as being taxed at a commercial tax rate for a number of years, I don't know for how 1 many, There have also been signs posted on that property for sale for commercial development. With regard to the plat issue, I think that it is important to know that the property has never been platted before so there can't be any reliance to that being a residential plat. Now it may be different for the SF-7 part and that part I understand because that looks like it was part of that subdivision when it was originally platted. And i as you are aware both the statute and the city ordinances provide special protection for the neighborhood in case you go in and try to replat or try to change that use. There is a reliance issue on that residential replat. Well that doesn't apply In this case because 6 the public records never showed that property that we are discussing as ever being platted 0 residentially or otherwise, There can't be any reliance on that as being a residential replat. I hate to go into the issue of whether or not this is an appropriate zoning change from a planting standpoint, I haven't heard anybody get up here and say that SF-7 is i s G-) a ApeAdllHo, AS ~ 2 2 Minutes P&Z C~ April 12, 1995 Page 18 S2ddgg an appropriate, developable zoning on this particular tract of land. I think that it is clear M that it is not. I have heard discussions saying, "maybe if the applicant would come in and we could discuss sonic other type of use like ofGce." 1 haven't heard anybody say, "well SF-7 that makes a lot of sense right there. " Now I have heard that a park makes a lot of sense and we may be able to work out something with the city in that regard in order to resolve this issue, but as the staff points out this tract of land is undevelopable for single family use. I think that is clear that when you have frontage, you have a drainage ditch that cuts across the property, and you have got such a narrow waistline that you really can't develop that tract of land for a r asonable single family development. Our architect is here if you have any questions regarding what the specific development plan is for this tract of land. Because of the way this lays out the property is really going to be developed right in here with the frontage and all of the access is going to come off I-35. If you are talking about impact on the neighborhood, all of the access is going to come off of 1.35. There is no access to Lindsey. You are talking well over two hundred feet in terms of there being any impact. We would be willing to work with the neighborhood, If there are questions or concerns about whether we might access Lindsey, we would be willing to shut off access to Lindsey to make sure that doesn't happen. We would be happy to talk with the neighborhood if they want to consider ways to close off Lindsey to 1.35. In terms of needing any sort of hammerhead or cul-de-sac or those sorts of things. From a traffic intensity issue I think the point was } made by the staff that when the comprehensive plan was put into effect by the city and when this traffic intensity study area I think that the basis when that plan was put together I am assuming that it had to have a basis of showing and taking into consideration the zoning map. To me the real issue on traffic is where is the traffic going to come from and where is it going to go, and to make sure that it just comes off of the frontage roads and is limited to 1-35 which is a major freeway and to make sure that it doesn't go into the neighborhood we would be willing to work with the neighborhood. I think because the C district is located well away from the neighborhood or any of the developed areas it will all be accessed and oriented towards the freeway. I really don't believe there will be a problem, We are willing to meet if there are some issues, I think Dr, Eiland had the best point, Dr. Eiland had a house on the same street that everybody is talking about and she told her perspective buyers, If you have been out there you will we that there are a lot trees that separate this property from the rest of the neighborhood. There is a kind of interesting topography in terms of grade separation. She told her perspective buyers and they said fine. I believe that their thinking was, "that probably makes sense to have a commercial use fronted on 1-35 and tD being developed towards the freeway, I know that this is a political issue and 1 am sorry O that it has become one. From my clients standpoint I believe that they have done what is fair and reasonable, They have in the past, : have been assured and Mrs. Rana is here if you would like to hear from her personally, have met with the neighbomood in the _ST>. 0 a~ ,yp~t,hsa 9 ~ D.~? Minutes P&Z April 12, 1995 rn Page 19 'D J past. From my standpoint I would be happy to met with them also. This property is not suitable for SP-7 and it has been shown on the city's zoning map for twenty years. Your staff has looked at it and they agree that the zoning line should be reaffirmed where it is. 1 Mr. Cochran: Mr. Anderson I have a couple of comments and a couple of questions as well. This isn't a political issue for us, we are a citizen panel and this is more of a citizenship issue and a zoning issue, The question I have for you concerns the definition of zoning and as to whether or not in your field, is zoning by ordinance or by clerical error? Mr, Anderson: Generally the zoning is enacted by ordinance and then it is transposed to the zoning map. I believe that the act of transferring it to the zoning map and the legislature validating actions such as those when they pass the validation statutes every two years basically validates the zoning lines according to the zoning map. The rationale for that is that the zoning map is the record that people look at in terms of trying to determine what their rights are. What happens on many occasions for example on annexations and things like that. I have been involved where courthouses have burned down and you go back and try to find the ordinance, You show the annexation map and every judge that I have ever been before says that is a valid record to show where the lines of the city are. I think the real issue is an issue of reliance in a public record and if the city had believed that this zoning was inappropriate they had the power to change it over the last twenty years. Cities that I am aware of have gone in and initiated zoning cases if there was a big enough concern by the citizenry, by the staff, by the members of the Commission, or by members of the Council. That has never happened. I agree with you on a strictly legal interpretation with regard to ordinance but I also believe that the zoning map has been validated by the legislature and is valid in shoving here the zoning is on the property. 1 Mr. Cochran: We will close the public hearing now and 1 would like to give the Ranas and opportunity to say something, • Ms, Pushpa Rana: My name is Pushpa Rana and I live in Dallas and I represent RPS Ventures. We have met with the neighborhood two times between June and November. The reason for not doing the final platting was because we had a tot of opposition when we met with them so we felt that the zoning would not pass. When we were going to do the second lot which we thought was commercial we did not think that we would have • O O any problem with the neighborhood because it was already zoned commercial and we ' didn't have to go through a zoning change. The second week of November we scheduled a meeting with tht; neighborhood, I was there and we got a fax from the neighborhood i • • Ago* No 2s7 OGO_e Ap" Minutes P&Z 1574A April 12, 1995 Page 20 saying t:'." they were not going to meet with us and we would hear from thou with the attorney. At that point we decided not to do a zoning change, we would just go w with the commercial zoning. 'Ale are not here to upset the neighborhood. Air. Cochran: We realize that this is a sticky question and that some circumstances have arisen here and that you are a victim of. I am sorry to see that happen. Are there any final comments? j Mr. Reeves: I don't have any. Ms. Schertz: Can you summarize why staff is recommending that we adopt the 1975 zoning lire? Mr. Reeves: We stadied several different options. We looked at office zoning but we did not feel that it would make a substantial difference in uses. We thought about having the back half of the property zoned for multi-family use but that would create a piece of property that would be land locked and it would require further zoning to gain access to a street. Looking at the surrounding land uses to the east and to the south, if the 1969 zoning line was reaffinned then the land would probably be undevelopable, The coning map has shown the tine since 1975 and the intensity analysis was done in 1990 and that was based on when, we have shown the line to be since 1975. Reaffirming the 1975 zoning line does not make things any worse, it still stays at one hundred and seventeen percent. It doesn't make it any better it just doesn't make it any worse. Ms. Schertz: If I understood Mr, Anderson correctly he gave the example if everything burned to the ground but the zoning map remained. That is why they affirm every two years where the lines are on the zoning maps and I wanted to ask if that is common policy within the City of Denton to follow, that? Mr. Robbins: It is an interesting theory that I am not familiar with but I think that it is a legal issue. • Mr. Drake: My research shows that when you have a variance between the zoning map and a set of ordinance then the ordinance govern. Now there may be some situations like what Mr. Anderson was talking about where you don't have access to your ordinances and somebody has to make a call based upon something. • his. Schertz: So what do our ordinance's reflect right now, the 1975 boundary or the • • 1969 boundary? s a-+ Minutes P&7, IlaldZ~ 95-,- April 12, 1995 S ' P~ ~9 Page 21 Mr. Reeves: There is a 1969 ordinance for the zoning map, Mr. Cochran: 1 have a question concerning the intensity analysis and the University of North Texas. For the purposes of figuring intensity there is a higher use there than what is reflected? Obviously zoning laws do not apply to State property but never the less as they specifically affect adjacent property I wonder whether that was the intent of the statute with the State, If the University exceeded the allocation then we could not stop + them, but they still have an affect on the surrounding property. We are participating in a public fiction if we allocate intensity trips on the basis of die Radisson being part of the campus. Mr. Robbins: I am not sure that 1 can answer your question unless Walter has the intensity analysis where that piece of ground is actually shown. Somebody has done some research that I haven't done. When that area was allocated so much intensity there was a study done that took a look using aerial photography and on the ground surveys of what actually was on the ground. That study is the basis for the intensity numbers in that study area. The point that was made was that when that study was done they allocated the institutional allocation of eighty-five intensity trips rather than a hotel's intensity trip allocation that would be three hundred for that site. Did we do that? I don't know, Mr. Reeves: I don't either. Mr. Cochran: Then you can't refute what was stated here but we can't really take the lime I was just curious as to your opinion. Mr. Cooper, On the backup about the nineteen notifications mailed. It says that at the time this report was prepared no replies were received. We have a petition but I guess that it does not reflect the property owners within two hundred feet of this property. Have you received any notices as of today? A Mr, Reeves: There is a red folder that has the replies that we received. We received ar)proximately sixteen back and all were in opposition. Mrs. Hill is acnmily outside of the two hundred foot notification. Mr. Cooper: The other question that I have is that also in the write up it says the southern portion of land will require significant off site drainage improvements. Is there O O someone here that can tell me how that is proposed to be done and if we are talking about off site where off site will this take place? A O • • Aft 2 ~Qtlfid8N0 _9s O'Z . „ ~~et10a11 WOm, ~S. . Minutes P&Z --L-ZQ 12, 1995 S6 GY01 Page 22 v Mr, Salmon: The southern portion of the subject property falls to the south and west and then the northern part of the property falls toward 1.35. The drainage toward the 1-35 side is adequate. Coming back down the other direction there is very little if any drainage structures in place, If someone came in and developed this area to the south with some kind of use that included a lot of pavement and roof tops they would be required to install drainage facilities from this point down to the creek which is a couple blocks away. They would have to take the drainage facilities all the way down Willowwood to the creek. It would be on their property and then on city right of way. They are off site in the fact that they are downstream of their property. Mr. Cochran: Does anyone have any more question? Does anyone have any comments that they would like to make at this time? Mr. Norton: I am still hung up on this legal issue. The fact that we have a map from 1975 that says it is commercial and I think we are making an assumption if we say that it is a clerical error. 1 think we have to be careful how we refer to it because we don't know how it came into existence. We have a twenty year old map and you are saying that the map is not legal? Mr. Drake: I don't believe that I said the map was not legal, I believe what I said was that in cases where there is a disagreement between ordinances and a map that the ordinances will govern. To the best of Mr. Robbins research the ordinances do not show the property to be zoned commercial at this time. We don't know how the map was changed and we don't know why it has been changed. The map and the ordinances should reflect the same thing. Part of the reason we are here tonight is to decide if we are going to rectify it or not. Ms. Schertz: If we go with the 1969 boundary but we were told that the 1975 boundary was 4ow taxes had been assessed are taxes refunded? Mr. Cooper: Do we even know that the property owner has been paying taxes on this property for twenty years based on the belief that it was commercial property? Has anyone researched that? It seems like that would be something that should be tied into it. Mr. Drake: I don't know if anyone has checked into that. I don't consider it to be a • zoning issue, ~ • O Mr. Cooper: It may not but it would be a good indication as to what the property owners believed the zoning to be over all of those years. sy. • o O e Ap1No .9. s -off z 71 r Minutes P&Z ~-2Q^9-' } April 12, 1995 Page 23 S7 Mr. Cochran: Still the situation is that we have some property owners here that bought a piece of land that does not have the zoning that they thought it did. I believe that they made a good faith effort and they did what was reasonable and they checked with a broker. It is a bad situation to buy a piece of land and then to find that it has a clouded zoning issue, There are some folks that are going to be affected by this no matter which way we go with this. The question is who are we going to go with on this, We have three different property owners involved. A misconception has been perpetuated through at least two sales of this property, We have a number of other people who have spent longer time in a neighborhood than I have been alive and have been laboring under an assumption and a bond with the city that they lived in a single family neighborhood and that this was something which they could depend on. When there is a zoning change there is notification and that is one of the ways that neighbors would be alerted as in this case. We have a lot of people who have a large investment in our decision here tonight, We have heard the Rana's situation and personally I feel terrible about it, I think it is an awful situation and I feel bad that I am in a situation where I need to make a decision. I also feel that making a decision on the basis of correcting the zoning map error . I would hate to think that we would start making policy on the basis of clerical errors. I am comfortable with the fact that this is a clerical error. I may he wrong but it is a matter of opinion. I don't think that it is a compelling reason to want to affect these peoples lives. Mr. Anderson said that he was not going to argue the benefits of commercial zoning on this site because to him it was so obvious that it was a mistake that needed to be corrected and so he didn't. If it is just on the merits of reaffirming a zoning map mistake then we owe it to the residents who have been paying their taxes all these years. When you look at the issue of right and wrong here and you think about who it is going to affect I am comfortable being opposed to affirming the 1975 zoning map error, because it would set policy on the basis of what we presume is a clerical mistake and because it is going to affect a community in a negative way. l Ms. Schertz: I would like to state that my decision has not been made yet. I can't agree with Mr. Cochran that it is a clerical error because it could just as easily be a misplaced ordinance. There was a sign on the property and it wasn't just a real estate sign that said commercial and no one took the time to say anything about it before now. I am impressed with this group and how you have banded together and for the beautification of the neighborhood and what is best. I wish that joint effort could have happened before we came here, If you didn't like what the sign said I wish that your group could have investigated it and have it resolved. If the applicants were not sitting in this audience and , p we did not know what they were proposing to do the outcome could be really different, I specifically asked staff why they were making the recommendation based on the 1975 boundary line and not the 1969 boundary tine and they said that it is the best use of the ss': • c> • ~ goelw4No 5 7q? Minutes P&Z j i . ' i April 12, 1995 Page 24~ land, If we didn't know that a motel was going to be there in my opinion that is the right decision, you can't put houses on there. I understand and I appreciate staff having to make as difficult recommendation to us as we are getting ready to vote on tonight in front of everyone. I am in agreement with staff on that point but I am not going to sit here and discount each and every one of you that have come forward and spoken to us on this matter. The last point that I want to make is that as we talked about property values I am not truly convinced that one more motel is going to decrease the value of your property that significantly. That is a hard question to answer, you can all have opinions but until you try to sell you homes you don't know what is going to have a negative effect on your property value. I have a problem blaming them for your property values. Mr. Norton: We are all sitting here thinking about what we have to decide and it is not easy. You should be complimented on how you have come together and I hope that it will not change with the outcome tonight. I cannot help but return to the fact that there has been in existence, on file, and available for everybody to see a commercial map since 1975. The fact that there has also been a for sale sign that has said that this land is commercial that weighs a lot in my mind. I am also a commercial appraiser from past experience and based on distance many of the values are not affected and in fact some of them are increased, So you cannot necessarily say that the motel will affect your saleable value. There are arguments on both sides concerning property values but the distance and the topography and every thing else comes into play on how much of an impact that has on your value. So I have to lean toward the decision that we have to honor what the city has represented even though I know that Is not a popular decision, But I do feel that the best use of that land is commercial. We have a responsibility to the total City of Denton and all of the people within the city. Ms. Flemming: If I am understanding everybody correctly did we not say that an ordinance governs what actually takes place. If the 1969 map is what is in the ordinance shouldn't that be the final word? • Mr. Drake: This isn't an issue for us to decide which does govern or which should govern, This is an issue of which zoning is appropriate for this land and I think that is the focus of the Commission. 1 think we should take it as a given that in the absence of finding an ordinance to the contrary that the status of the zoning of this area is not commercial as it stands right now. Clearly there is the issue of the way that it has been for years and years but there is also the situation of is SF-7 appropriate zoning for this ® area, is commercial an appropriate zoning for this area? This is basically a standard • zoning case with the presumption that you are starting off with SF-7 and trying to decide if commercial is appropriate under these circumstances. 0 0 • 0 u Minutes P&Z Ap" April 12, 1995 Page 25 '0 Ms. Flemming; Our records here and the documents don't stole that, This says that we are to correct a zoning map error, Therefore, I think we ri d to look at what was there first and what governs, the zoning ordinance or the zoning map. If you say that the ordinance governs then that is what I think we need to base our decision on and not necessarily what is the best use for that piece of property, Mr. Robbins: Let me just point to the staff report in the action section. This is requesting rezoning from SF-7 zoning to commercial zoning district to correct a zoning map error. If you wish you could delete "to correct a zoning map error." We are requesting a rezoning from SF-7 to commercial, I think that the point that Ms. Flemming is making may be a point of confusion. This is a zoning case to change the line from where it was shown in 1969 to move it to where it has been shown since 1975. This is a zoning case to change the boundaries of that district, Mr, Cochran; We can use the Denton Development Plan to help in our decision. It has a very strong proponent in there for the preservation of neighborhoods. Ms. Flemming: I don't have anything else to say, It Is hard for me to make a decision to say what the best use for the property is when I have too many people here in the audience objecting to this particular use that we are trying to sell everybody, Mr. Drake: I think that this language here "to correct a zoning map error" I took it as being undisputed that the zoning map is in error and it doesn't reflect the current ordinances to the best of our knowledge. There are two ways to resolve this and that is to either change the map or change the ordinance. This is an application to change the zoning from SF-7 to commercial, Mr. Norton: We are saying that it was SF-7 yet we ha(' a map that represented It as commercial to the public, We as a city have mislead the eople in more ways than one if we still say that this is SF-7. The commercial was out there for the neighborhood to see. (Discussion in audience.) Mr, Cochran: We have a couple of options, we can move to approve or move to deny, Mr, Norton; I move that we approve the staff's recommendatlons to change the zoning ® from SF-7 to commercial as what existed on the city zoning maps for the last twenty years. Q 0 • ea • Minutes P&ZT~~~ April 12, 1995 Page 26 .6 l~eg~ Ms, Schertz: I'll second. Mr. Cochran: All those in favor of the motion please indicate by raising your right hand. All opposed same sign. Denied, (2-3) Opposed Mr. Cochran, Mr. Cooper, Ms. Flemming. Mr. Cooper: I am not sure that we are through here. (Discussion,) Mr. Cooper: I still have a concern. I still haven't seen any evidence one way or the other as to which the valid zoning is right now. I have heard arguments about the 1975 line and that is what the zoning should be because it has been on the map for the last twenty years. I have heard that the 1969 line is what it should be because it was by ordinance. It seems that there ought to be some way to research this situation and rind out what it really has been all these years other than looking for an ordinance, I don't know what that way is but I mentioned tax records a while ago and it was said that it was not a zoning issue. It seems that if the owners of that property were paying taxes at a commercial rate. Mr. Drake: I have researched it, not the issue with the tax records but this issue of where we stand in a situation such as this and there are cases that indicate that were you have a deviation between the ordinances in place and the zoning map that the ordinances govern. Mr. Cooper: What I am asking is if there is another way of researching this to verify what it really was? Mr. Robbins: Regardless of what the Appraisal District says or regardless of what somebody was paying taxes on, • Mr. Cooper: What I am saying is that they don't make those decisions just right off the top of their heads as to whether it is commercial or not. I am assuming that they base it off of a zoning map. Mr. Robbins: If they based it off of a city zoning map then the zoning line that was ® shown in 1969 , the line that was shown in 1969 was changed in 1971. Now that line • • was moved again sometime . Mr. Cooper: So the only ordinance that we can rind is the 1969 ordinance. • O • p O Minutes P&Z DO# April 12, 1995 6i dd ~9 Page 27 Mr. Robbins: Right and then tonight's action that you have taken is to recommend that the line not be moved from where it was in 1969. Mr. Cooper: I am comfortable with that until somebody proves that it was moved for some reason other than just a clerical error. [ don't think it was moved by clerical error and if someone could come forward with a reason why that was moved then I would be willing to reconsider my position on it. Mr. Norton: You can find out through the Denton Central Appraisal District what taxes are being paid on that land by the year. They normally get that information from a zoning map. [how good are twenty year old tax records? Tax records are probably more accurate than our twenty year old zoning map. (Discussion.) Mr, Robbins: The options for the applicant now are to appeal. If they want to appeal then they can let us know and City Council will hear their case, Or the applicant could submit another case, (Discussion) VIII. The Gregory and Kathleen Pollock Addition, The 14.242 acre site is located on the west side of Teasley Lane (FM 2181), immediately south of Leatherwood Lane, a. Consider three variances to the Subdivision and [and Development Regulations concerning variances for: 1) Consider a recommendation on perimeter street paving and sidewalk construction on Wtherwood. 0 2) Consider a variance for sidewalk construction on Teasley. 3) Consider a variance concerning underground drainage construction. Mr. Salmon: Gregory and Kathleen Pollock are the owners of about 14 plus acres out on Teasley Lane near the intersection of Leatherwood which is adjacent to the Old Alton 0 a Baptist Church. They are proposing to divide the property into two lots for single family use, zoned agricultural. All they can put on there with the zoning is two single family homes if their reply is approved. Teasley Lane is a state maintained FM highway and { ~-9 ~ o , 0 0 ATTACHMENT J 1 9SM e....[ r+wi r r s. s D* h MCA Commercial District 6z~J ~9 ~o PERMITTED USESi Primary Residential Uses Comrunity Unit Deveic~c,ent Dormitcry, Soard::,g or Rooming House He e'_ or Mctel. g~uc3tional. Ins ti_utior.al & sce2:3- USES A:-t ~a-eery or M':seum emetet:y cr Mausc:eum gay :~u.•s~ry ni :-ie~garten _J};nci Fa rg::' n! Sx . bit ion Area Home fc: Care of Alcoholic, Narcotic or Psych•-a.ric Pa__ec:s Hcsri-ta: ,:;enera. Acute Care;. _are) .1glous or PhilanthrcGi.. ~'~r.a~t~ry cr Con~rent •r,--°,e ^.s' Resiience H::7e for Aged Par:;, ::ay~rcuna Jr Public Community Center S--hocl, Frivate Primary or Secondary ",co: , F ac: is Denominational Schco'., c•,~sir.ess cr Trade L't~A ccessory and Incidenta': Jses Ac^_essJry Building Ccr.mt:n.ty 'enter Private? :.ca1 .ra:.sr_:ssicr, :e-.ccrary r:e.a sr Construction Office ;Sub,PJ. ApPrc.s: -n-j .~n,:__ by 9l'_:dir.g InsLectori L-e n cr ..ar F.b:_.. Safety di _ .i 3.3 and Xe--e .ng Std_. Jr. t;, Main Use 3.'•.7. ~t' X:_:'n'aye :J'NeY 6U, • • Commercia District (continued) Y Utilir.~cessorv and Incidental Uses {continued) Sewage Pumping Station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reser,/ozr, Water Pumping Station or Well Water Treatrr.ent Plant ggoreational and EnKertainme~t 'J9eg A!rusorenr, Ccrnmercial {Outdoor) i, A ent _crmercial. {Tndoor) r- - A i c F r rate) with Gc:: -curse a°•cr_ or M:g;:. Club YL.._~ rse __1f "curse Fair k. ~r Piaygrnund Fub:. l-Iayfleld or Stadium Rodeo :,rcunds Roller cr Ice Skating Rink .exaelly Oriented Business tab_~, -rivate C:ub cta'r"_mmercial Rental ta" e, e_ardina Swi. ecr.is ub "h?ate ive-in ea-e , ~°her t '-,an Drive-in Type Trans oration Related nPc A:rtcrt La-,.ding Field or Heliport Bas Station or Terminal Hauling or Storage Company Mot-_r Freight Terminal Ra'_:road Freight Terminal . Rai'_road Fassenger Station .rack or Right-of-Way R.ai_.ca; eam "'rack Lot C_ r rcia: Fark.inq Lot or Structure A,t:: La.:n9ry and Body Repair A.;t_ Z,___ and Repair i:n Building) l0 4 • p • Comms~rgial District (continged) S g9 Automobile $ervice Uses (cortir, ed) Gasoline Service Station New Auto Parts Sales stores New ~r Used Car Sales Lct iIn Open Seat Cover and Muffler Instaliaticr. Shop ' Tire Retreading or Capping Used Auto Parts Sales (in Building' Retail -and Serv~ a ZZp-'_xs_e5 Antique Shop Ba'-;ery cr _tnfectar:erS Shcp IReta_ Ca[eteria p ar.d =race ry `;ee.:ewzrk ^z' Wea•..n3 S:hc Florist Garden, Sroo eenrouse o2 Plant N_ursery ;Beta:' Handicraft sh'Dr Household Appliance Service and Recair Laundry Gr Cleaning self Service Mimeograzhh' St3t. n~ - Letter S':C Vortuary or Funeral Parlor )fflces, Pr Ofe SSl nal and Administrative Off Premise Sale of Seer and/or wine Premise Sale of Beer and,, or 'rjnc, -=ns^d Pri: to ub Farm Bhcp Restaurant Retail Stares and Shops - 4,^70 sq'.:are feet 'oss j Retail Stores and Shops - Over 4,C:: square f- Studio for Photographer, Musician, artist cr HealtY' Secondhand Store, Used Furniture or Rummage Sale Tccx or :rarer Rental • Agricultural lype t,ses An•".d -_:ni. _.r Hospital z-_ins ..°ns Ann a Hcsp:tal or Kennel ri_.. ide rUns or c,, Ranch _-eer..,use -r Plant Nursery • • ~ 9 S -U 2`Z Commercial Dietrict i- 6~'$g9 Commercial J_Ue Uses Bakery (Wholesale) Building Material Sales Cabinet ani Upholstery Shop Cleaning and Dyeing F'_ant {Commercial) Cleaning Pant, Sags or carpets (Special Equip-ent) j --!,:.thing Manufacture :r Light Compounding or Fa'rrication Centra_t_rs Shcp and SL~rage Yard Engine and victor Repairing 'r'eed Store Heavy M.ac'r,inery Sales and Storage ,7~n na :r Newspacer Printing :.aun4 ant _cmmercia Lct'_t, or :ce _Ye aa'. Plant ..__ent_`i. .._search LatJOY3tJY.eS S_orage 5--4 S3 es c: Fu:nit'.;re or Appliances _s.de a age 2r :a: °_s Warehouse .ra'. le Y' .R_1, 1 .r -3 _es nsfar, S- -vac and Baggage Terminal +'no'_esal :ffIce and Sample Room PERMITTED USES WITH_APPROVED 9QFCIFIC USE PERMITi t' f~ rI'l"ar PsidPn11ial nes :et a :d;'ni:e Pf_me Park ducationai. Institutioral 4 Spec!a: 7ses Fraternity, Sorority, Lodge or Civic -lub I i r '•:ility. Accessory and :ncJenta4 Jsga _73_ ,e-erat ^g Plan-. :y shop or SI rage Yard Sh~p' Y3I'1 of :..Ccal. • c_.::Yea •^aal a;..?_„nt~.:a:...o... ••_~s ~ • • ~3. • ca • Apo* 9'S-00 2 1 r ~_~,ZD- 9s "C" Commercial platy_Jet (continued) 46 leg Agricultural 'byre Usk Animal Pound )Public or Private) mmerci4-1 Type Uses =lea Market Natural Resource Storage an¢ r.::a;=_14-n Sxtracticn and Storage of Sand, calir.he, Stone, a; cr ra: SF,-riai Pr-.:tsses _ary Aspha:_ _r :r..:rete Sat--Mng Plan. Y.>:_-:g and Sale ~,f ^_r,cre to AREA REQUIREMENTSf __r 'Area Patio Maximu^ YARD REQUIRFMENTSi Frcn_ 'lard Minimum 25 fee= Co side yard is sce_-`lad residential use except whers a - - residenti.a use abu. s .,:r y~a district boundary line divi:iing - districts fro^, a residential district or when, the side hard is adjacent to the street, ir. 4h4 ch • event a ten (1^! 'cc`` side yard _ shall be provide-4. .•ard; N:= rear year is residential use ex=ert coT.mercia'_ industria: ca_t upon a comr,c^~distri.. 1:.._, r1:e r.e: • seFarated by an a1.ey c_ • • di•.!1d_ng the d_s-_.c_ fro a: ,N the residential 4-__tr:...s a .nimum of te:. Eel be prov.ded. l0 y , • CJ t ',01~ONNo...g5-02-Z Mtn _ . Commerni.t p iCt (COnedf ~s IQ T REOVLATIONSr Twenty (20) stories, except as noted in special soack required for all structures over three '3h stories, et SUPPLEMENTAL RE6~_ULAT2~gr 1. Farxing (Sased c;; ,;se. 2. Signs See Artic:_ 34 : 3. Lighting 4. Lands aping 5. Screening & Fencing t '.~.~...•-..-~.rr.'['r.. Y • rwrw.rrwY.7:YS)Cl ll.. laM1.... t,'j • e ATTACHMENT 12 "0" Office Digtrict d0 ~q PERMITTED Jg ES; Primaly Residential Uses_ Community Unit Development Dormitory, Boarding or Rooming House Hotel Cr Motel, Gducational,.Institutional & Special Uses Art Gallery or Museum Church or Rectory College or University or Private School cinm,;pity Center Public) Day Nursery or Kindergarten School Sroup Homes Halfway House Hospital l'Seneral Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or convent ^7ursing Ho e or Residence Home for Aged Occasional Sales Park, Playground or Public Community center Schaal, Private Primary or Secondary Scho'Dl, Public or Denominational School, Business or Trade Utility, Accessory and ncidentdl Jses Accessory Building Community Center (Private) y, Electrical ;;,ibstation ~l Electrical Transmission Line Temporary Field or Construction Office (Subect to Approval and • Control by Building Inspector) Fire Station or Similar Public Safety Buildin as Transmission :ir;e and Metering Station 3 ;-come occupation -ff-Street Parking incidental to Main Use Off Stre_t Remote Parking Sewage Pumping Station p Private Swimming Pool • A Telephone, B,;siness Office Telephhcne Line & Exchange Swirching or Relay Station 1 ;later Reservoir, Water Pumping Station or we_; I 1 4i • O • • { "0"_ Of#ir _12ietrict (continued) r 69 ecreational and Entertainment Uses Country Club (Private) with Golf Course Public Golf Course Public Park or Playground Public Playfield or Stadium Swim cr Tennis Club Transportation Related Uses Railroad Track or Right-of-Way Retail arld Service Tvoe Uses ffices, Frofessional and Administrative Studio for Photographer, Musician, Artist or Health Aaricultural Type Uses Animal Clinic or Hospital (No outside runs or pens) Farm or Ranch PERMITTED USES WITH APPROVED SPECIFIC USE PERMIT] EducL,;.onal Institutional c Special Uses Cemetery cr Mausoleum Fraternity, Sorority, Lodge or Civic Club Hole for Care of Alcoholic, Narcotic or Psychiatric Patients Ittility. Accessory and Incid-e-UsIl Uses i • Public Building, Shop, yard of Local, State or Federal Government Radio and0r Television Microwave Tower Water Treatment Plant Transportation Related Uses b Airport Landing Field or. Heliport • • Tercial Parking Lot or Structure !cam • G, Apr Mo.. J Z" "O" Office District (continued) 70 ig;19 Retail and Service Type Uses Cafeteria ' Mortuary or Funeral Parlor Restaurant CommerriaL-Type Uses Scientific or Research Laboratories YARD.. R E QUI R EME?JT5 Fror:t 'lard: Minimum 25 feet Side Yarj: No side yard is speciEied fc:- r. residential use except where a residential use abuts uc^n a district boundary line dividina s,.cn districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. ?dY!dL".1: No rear year is specified for non- residential use except where reta'!, commercial or industrial uses back upon a common district line, whetter separated by an alley or dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. HEIGHT REGULATIONS An7 legal limit, except as follows; ::1 he districts where the height of buildings is restricted to .wo __r '..hree ;3} stCrles, cooling towers, roof gables, C}j:mne VS d^.d vent stacks may extend for additional height not to exceed forty- fiJe !45! feet above the average grade line of the building. Water i pipes and tanks, church steeples, domes and spires, and s cu iaings and institutional buildings may be erected to -r _d three 13) stories in height in residential areas restLicte.a two {2; or three (3) stories in height, provia~d that nne Sad:tioc:al foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three 3` stories in height. O 0 s a+ • F Office Dietria fCQnItjGumdj 7J °8g9 ~UPPLEM~N~1►i, eav*•AxIONS: 1. Parking (Based on use. See Article 34-115.) 2. Signs 3. Lighting 4. Landscaping 5. Screening and Fencing i s i • to ~ t S ca • ATTACHMENT 13 Ap1AdIliVO S~Je?~ WINSI'M L ~~,RES 1 a~te._ -24-5 `5400 t Twer SEC! i (2141745.5400 ^-7 7 • crB WIM,Tl ~75e270.21W &MINICK 7e6tger(214)745.5390 A PYc"s l ('Rxpo nw D iLAS rAUMN Ausntr Aaomeyr 6 Cbumebn MEXrA) Cm D'" Di J: 745-5745 May 11, 1995 s 1 VIA FEDERAL EXPRESS Mr. Frank Robbins City of Denton 215 E. McKinney. Denton, TX 76201 Re: RPS Ventures, Inc. Case Z-95.007 Dear Frank: After reviewing the staff recommendation, our client is willing to accept a compromise zoning on its property in order to settle this potential litigation mauer. Specifically, the "C" Distric; line on the 2,602 acres (Tax Tracts 13 and 14) would be relocated as shown on the attachment. A portion of the 1969 "C" District zoning area would be rezoned to SF-7. Pursuant to this compromise. the "C" District boundary would be located at least 100 feet from any existing residential structure. We would also be willing to present a site plan to the City staff and neighborhood representatives prior to development to obtain their input, Existing residential properties would be buffered by significant tree growth, and no visibility of the site on 1.35E is possible from the existing houses due to the severe change in grade elevations. Further, no access would h allowed to [lie commercial property except from the 1-35 frontage road, and there would be no traffic circulation through the neighborhood. This proposal is being made in w furtherance of compromise and settlement, Since 1975, the official zoning district map has shown Tracts 12, 13, and 14 as "C" District. The zoning district map is an integral (if not most important) element of the City's comprehensive zoning ordinance. Taxes have been appraised in accordance with the commercial zoning shown on the map, and at least ten conveyances of the various tracts constituting the property have been based on the City's official map. O I a ~U . • o . • c,. • I Q Mr. Frank Robbins Ap*No, May 11, 1995 gg.A&M~ ' Page 2 D* 73 d~S 9 Our client purchased the property in reliance on the City's official zoning map and the representations of the City staff, h is clear that the City has misplaced a number of zoning maps and ordinances in the past, and the City may have lost or misplaced one or more ordinances in question. Nevertheless, [his case is rather clear-cut! I. The property has been shown "Commercial" on the City's official zoning map which is pan of the City's comprehensive zoning ordinance for over 20 years. Enclosed is a copy of the circular which was located on a portion of the property commencing in 1990. 2. The property has historically been appraised by the City and the Appraisal District as commercial property. Enclosed is a copy of the Denton County Appraisal District records on the 13 acre tract which was not included in the staff report. 3. The property has frontage on, and its only access to, an interstate freeway. 4, The compromise %ve have proposed would ensure that, in addition to the topography and heavy row of trees, the nearest residential structures would be buffered by more than 150 feet from any potential commercial structures. 5. The property is undevelopable as a single-family subdivision. 6. Our client paid commercial prices based upon official City documents and representations. 7. Our client paid a non-refundable $35,000,00 franchise fee based upon official City documents and representations. I would appreciate your forwarding a copy of Tuesday night's agenda by fax. As previously stated, our preference is to settle this mailer as outlined hereinabove. If you have any questions, please do not hesitate to contact me. Sincerely yours, • :_r V1- AJAlplg Arthur J. Anderson Attachment cc: Dr. Pushpa Rana (w/attach.) Ashwin Parikh (w/attach.) IM I I10S 1 7i• D ; s e r PHOTOCOPY AT"~~I sOZ alMe,....~~ Z0.9S 7N d~ 8'9 n n~' ~ ~ t9~i~ i0H1Nfi L I!E r~ f ell ■ 1 et. on,* MILLOWW000 I ■ IS'! Y •9r ~ i O CG I^` MC' ~c. ; 6/,jf~ ~ 4 S 'fV i C.Y_ ~ ~ • y 7a • w e PHOTOCOPY. • _ fl ;-6KAI Y ID ANU LLUAL OESCkiP11UN UWNLH NAML ANU AUUHEbb IAXIN4 LN N11E5 LAy1 APPHAIS,w PROPERTY R39415 RPS VENT. 'S INC (324760) 001 503 COS 01/01/95 R E FORD SUB, BLOCK 3, LOT 3, ACRES 1,30 4405 SCENIC CIR DWP EXEMPT30NO Arr~Aa~nvAluE GARLAND, TX 75043 PRINTED. 09/05/99 VALUE CHO: 04/25/94 56, 6F' PROPERTY SIM ADDRESS NBHD: 701 135E ':ONlt. ETYEf fou" AT,ON IXT. MIW M. NOW AOOr"na FL AAtWQ1At KINWNO PLAYGROUND FOR CHURCH CHILDREN, ALSO s PARKING. J ~ OAM "No dwom IA. MMBOOK EMW ~I 1 0 94-0021780 p 0 94-0021761 0 93-0066042 (y v rZ:y uTi~ Acaa WIN LNEGTV P sEOMQNI turf OE lOMtaN WIM "M NW CLASS AREA FACAREA AbXW LW ym TOR AREA PRICE GUILT ~ I O CO W. WYt 'r III&W Ali !:i~.'1Gai:►: ~'K~9~e .~E►SA ;.r.,' >u e. 1:. r ell. ur.. ! NBH'/. (CLASS)' COMMERCIAL C; h SIFT 566288 1. CI10 36, 62 Legal Acres 1.300 Total 1. Total 56. ~.V • PHOTOCOPY I ROBBIT BAUIS 111M ~~-76 G'S 817/566.9099 F F O r4 O R R S Inbnt~t~ ]Sm $ A A L L E g o~ JJ J 3.48 ACRES, INTERSTATE 35E DENTON, TEXAS t I-35 is the major transportation artery from Mexico to Canada. The property enjoys frontage (approx. 114 feet) along the south bound service road and has adequate space for a distinctive entrance. t Excellent opportunity for development or investment in commercial proper- ty (approx. 2.6 acres) on I-358 with traffic count estimated at 39,000 vehicles/day. The property also includes the abutting residential tract. t Uses allowed in Commercial Zone include: Notel/Motel, Educational & Institutional, Church, Auto Service, Retail & Service, Recreational I Entertainment, Veterinary Hospital, etc, t Easy access to I-35E. US 377 (Ft. Worth Dv,), the University of North Texas, the downtown central business district, restaurants, bank, and retail service along Ft. Worth Dr. Ideal for a small retail/office strip complex or professional offices that need Interstate visibility. t The commercial tract, approx. 2.602 acres, is irregular in shape with surrounding land uses that include vacant commercial land, aotel & night club, apartments, church, and single family. The residential tract is • rectangular in shape and is plated for five SF-7 lots fronting on a ROW for Jacqueline Street (currently undeveloped). t Utilities are available (water, electricity, sewer, & gas) along I-35E and Wlllowwood Street. A combination of utility service from both direc- tions would be feasible and would ollow adequate service to both tracts. t Owner is a motivated mailer, willing to offer OWNER FINANCING ! • • • R Priced at only $185,000 (=1.22/af) Call Robert Harris 817/566-9099 IMIF.: h(orwtion Foraished is from Otte sources betfened to be reliable hat is amt wrested amd is smblecl to cbaW oiOnst notice. ilcemsed feel Estate hot$ Protected. • d f'II'til(1( ritx oN Silt f` s rri e ~ i ~ 1 .r ! • ; • e. r. ....mow. ~:a9n.n AY L~+i~Ym4A/vN,wFRlw11'F'.Y w+n+n N,+.v w 3 r~.t.. r in• Nxe.,a...r.,.n~ r ~ rv. / , / - YA, til xn. • ~..u~I~ t r. i r 1 I0. M rn i W?ter e-]..if R Ru i ~ t t ' ~ ! ear ~ ~U ,;is:, w • I I 9S -O Z2 ATTAC1114FNT 14 WINSTEAD S S 5400 knoiumtt Toga SECHRES M4) 145.5400 6% p 1201 Elm steer & MINICK Rleaptet 4214) 74$.5390 1).j J,,,, Ttw 75170.21'99 A Pamiotut CorF on DALLAS 1kY,1R^ AL51IN Attomeyt k Coutuelon M[xro On D,re[t r]til 745.5745 May 30, 1995 VIA FFDEi,-~L EXPRESS 14Sr. Frank Robbins City of Denton 215 E. McKinney Denton, 1;\ 76201 Re: RPS Ventures. Inc. Case 7.-95-007 Dear Frank: For your information, enclosed is a copy of the packet of materials forwarded to John Weber. If you have any questions, please give me a call. Sincerely yours, Arthur J, Anderson AJA/plg Enclosure n5)Iw Snl¢I C+ ! I I IJS 1 i NilM 3 = 199` • to • ApOAdINo WI1rN, STEi'A~D' - -9s~Q ¢ 1400 12 EEC Tarot SF'-'vH~"'/-"~'~ (214) 7451400 71 O J? D MMM 75270.2199 &MINICK TfliWwt114) 7051790 A ho"owAl Coep"m D UAS HWTroN AMIN Atcon" A CoAaebe Mtxr Cnr Di(ea Gd: (214) 745-5745 May 25, W 5 Mr, John T, (Veber 1300 Lindsey Street Denton. Texas Re: RPS Ventures, Inc./Lindsey ra 1.35E Dear John: As you are aware, this case is scheduled to be heard by the City Council on June 6. Due to the short umeframe and a desire to clearly address the outstanding issues, we are willing to discuss approval of our amended request subject to the enclosed proposed conditions,. As a result of the conditions, the effective building area will be reduced to the cross-hatched portion shown on the enclosure. At our meeting with the neighborhood, we can discuss deed restrictions and any other operational issues which are of concern. Please give me a call as soon as you have reviewed this matter. Sincerely yours, Arthur J. Anderson • AJA/plg Enclosure DA95 14 50 224 052S9$pIp2 179:11195.1 y; e to e DRAFT 5/25/95 *ANO 46 Zez CONDITIONS TO RPS ZONING S The applicant will agree to accept City Council approval of the amended "Commerical" 9 district application previously submittrd subject to the following conditions: I. Li~htine Devices All high output lighting devices located on that portion of the property 1 tilized for hotel or motel purposes ("Property") must be designed, constructed and operated so as to prevent them from directl;- illuminating any existing residential structure, fl. Access Prohib't4nn No direct access by driveways or streets will be allowed to or from the Property and Lindsey or Willowwood Streets. 111. I min A fence shall be installed around the Property. In addition to the City's landscaping requirements, a row of trees on at least 30 feet centers will be planted on the eastern boundary of Southside Baptist Church adjacent to any hotel or motel structure built on the Property. IV. Drainage Stormwater runoff from development of the Property must be directed through drainage facilities on the northern porfon of the Property. V. Qn-Site &lanag m nt e Any hotel or motel facility to be constructed on the Property must include living quarters for a full-time manager, V1. HCiQht The height of any structures to be constructed on the Property shall be limited to two stories. e e DA951670239 U52595p1&2 179 IIt03•I j i -1 ri 4 , 0 0 0 I 1 PHOTOCOPY III y eel 4. ILI W~wl&!r 10 A. N. B. TOMPKINS SU'R'VICY 1-111' 4- owl 1 ~~flr~r+ffr~, I / u.v. ie.R to v surd lw 11 "La vni nrw*1 I Lm 113 111, 08 ~r"t~"'°' i./•~ /.hilt S Qom pMRr r„~J '1 i~ rorr/wl ,y1M~l~ ~P~ / ice/ x 'I ov 00 0.0 k.L.L 77. i T, 17iww i f I '10. j Nam RELYMINARY 'loPLAT !>dAEM A REM.AT OF PARt of TIE H R. G FORD ADDITIOtt AND KOCK e F'/ WYLIE It. BARWS AMMON o' u AND A TRACT OF LAID IN TIE ° V IS 1.1M A.N.B. toWQOF SUt ON A-12~1e REE awsra its MffC" OCOW"t 7EXAS ~ tip" u, ,,w ' le I!1 "w f~tlM► IfaMR fM1 W Re 2~/~~ pp0' mm"mrs a4. nm PARR 0" awhor1 Iw w1~ • f- ~ • ATTACHMENT 15 1~~~dp sib ~Z " \UNSTEAD a~e~b - 9S S.,~N3I,~rn~t rMer SECHRE'ST r.141,,t5.54o0 1201 Elm SrM( MINI\ K ,e,tc.ma, (214) 745.5)90 Did [as. 7eus 7527o.21IP) a A Inimunal Corwition MLI,AS 111.X151/NJ MMN Anorneyt & Counwim Mtxro Qn' Dina Did: (214) 745.5745 f ' June 7, 1995 Mr. John T. Weber 1300 Lindsey Street Denton, T\ 76205 Re: RPS Ventures, Inc./ I.35E Development Dcar John: I am naturally greatly disappointed by your June 6 letter which negatively responds to our offer of Iwo weeks ago to nice( and discuss possible resolutions to the outstanding issues involved with the proposed development adjacent to Interstate 358. Our clients have already made significant concessions to address your concerns expressed al the May 16 meeting. Specifically, our agreement to reduce and reorient the building site on I-35P, in accordance with the attachment appears to resolve most of the adjacency issues we discussed. With the possible exception of one house, any hotel or motel building constructed on the RPS Iract will be located at least one football field length from any single-family residential structure. Appropriate screening, buffering and landscaping will be provided, and all access will be via the 1-351" frontage road. For a property owner wlie purchased this commercial land in • rcliaocs on the official zoning reap in existence for 20 years to make the-e concessions shows a good faith willingness to address neighborhood concerns. l Further, to ask this property owner who purchased his land for a specific use, paid a $35,000.00 nonrefundable franchise fee and spent tens of thousands of dollars to consultants to develop the site to give up his deveiopnuent rights without a thorough discussion of flue relevant • Icgal and planning issues is inequitable. It is also unfair and extremely inappropriate to suggest , • (hat the applicant is unwilling or hesitant to mcc( with the neighborhood. The facts are that the applicant has offered to nice(, and has actually met, on numerous occasions with the neighborhood represciuativcs. I personally spent considerable time and effort to respond to the • r ~~o .~~.Qcz~ Mr. John 1'. Weber June 7, 1995 Page 2 Q>rl concerns you raised at our last meeting as reflected in the attachment. We stand by our offer of compromise and are willing to discuss this matter with you and the neighborhood members at any time prior to the City Council meeting. Sincerely yours, Arthur J, Anderson AJA/plg cc: Dr. Pushpa Rana Drank Robbins Members of the City Council DA951580074 060195plg) 17911105.1 1 • ' r~~ • • • PHOTOCOPY l O aF A. N. B. TdMPKINS SURVEY A-+1' r.r.iowro v«urafw+s.~ f~ - -j ~1 l1 +aI !I !iryaI: f~ Iona ffimq .qrr Y ;m WAOM 0 lop 0 10 ~Ir y R r.~iwra 00'x!"0 Mr ol .00 4: 0 RELIMINARY F "'y o PLAT irw u • e di°, i THE ldIM A KKAT OF PART OF THE f M ! R. E, FORD ADDITION AND KOOK ® 1 WYLE IC !ARIES ADDITION 0 u AND A TRACT OF LAID IN THE o --D f AXII, T E S ~rV~Y A-1244 "VISD DEHTON COUNTY, TEXAS N mum was 1Z.Y 46114'w w w MIIMINMI~IIwI IT, ST LVILum PA P" MWAW" JAM vhd~ ~fi1 Mttw MM rM • cu A ~4t~i1o. 9S°02R~ ~ . .1ITACHMENT 16 n 09; S Some Conditions that Mitigate Externalities Externalisy Mitlaators 1. Light, noise, building bulk I. High masonry walls, and views. 2. Wider setback of building and parking lots. 3, Trees, required to plant and/or protect, 4. Standards for extempl light fixtures and appliances, 5. Noise standards. 6. Hours of operation restrictions, 7. Permitted use limits, 2. Building bulk. I. Limits on height. 2. Limits on square footage of building. 3. Character of building, 1. Design or architectural review. 2. Color standards. 3. Architectural character specification. 4. Material standards. 5. Types of uses allowed. 4. Image from the street. 1. Tree protection. 2. Sign standards. 3. Landscaping standards. 4. Design and/or site plan review. 5. Building and parking lot bulk to open space or landscape area ration stan- dards. 6. Impervious surface limits. 5. Traffic I. M72 of building, • 2, High traffic attractiuns prohibited. 3. No access to specific streets. 4. Off-site improvements. 5. Driveway limits: size, number and turning movement restrictions. AXXMS?5 ~J . • • ATTACHMENT 17 *No,.9S- 7-95.007 Do, 5+ ' Council Alternatives s6 1. SF-7 District. 2. Conditioned Zoning. 3. PD zoning district, Develop- j ment Plan step, Detailed 19 Plan approved by P&Z, or Detailed Pla i by Council. 4. Commercial District. 5. Return to P&Z 6. Amend the 7. Postpone. for alternative Denton Development to SF-7 or C. Plan 2a. Office conditioned district, 2L.Commercial conditioned district. Conditions (can be attached to O or C) PrgDagd licant 1. 150 foot wide SF-7 buffer district on south. 2. No direct illumination frog; lighting devices. 3. No access to Lindsey or Willcwwood streets. 4. Fence around the entire property. 5. Plant a row of trees 30 feet on center on the boundary with Southside Baptist Church. 6. Drainage runoff to be directed to the north. (Staff note: This condition will make the southern 40% of this propcity very expensive to develop. The applicant and staff have discussed this issue and applicant is well aware of its affect.) 7. Any hotel or rr.otel facility on the property must include living quarters for a full lime manager. 8. 2 story heip;tt limit. 9. Building area only as shown in attachment 14 and 15. Ofhcr Conditions j 10. Delete motel as a permitted use. y 11. 1 story height limit. 12. Larger, more dense buffer areas, example: up to 20 trees per 100 feet adjoining SF-7. 13a. Site plan requirement. 13b. Add motel or hotel as use permitted by SUP only. 14, Require the preservation of all trees 10 iuches in diameter and larger, measured four feet from the ground, that are for example, within 50 feet of the 111-35 right-of-way. to 15. Office or motel use at a square footage limit equal to its low iniemity allocation: , • • 15,000 square foot, 16. No restaurant or club in motel or hotel. 17. Others. AXXCO875 ry\ V • • AG"No 9S- G Z Z o"W_ L 71 OC1,9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL (C) ZONING DISTRICT CLASSIFICA- TION AND USE DESIGNATION FOR 3.753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Arthur J. Anderson, on behalf of RPS Ventures, Inc. (owner of the property), has applied for a change in zoning for 3.753 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Commercial (C) zoning district classification and use designation; and WHEREAS, on April 26, 1995, the Planning and Zoning Commission recommended denial of the requested change in zoning by a 3-2 vote; and WHEREAS, the City Council, by a 3/4ths supermajority, finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERE'.IY ORDAINS: SECTION I. That the zoning district classification and use designation of the 3.753 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Single Family 7 (SF-7) zoning district classi- fication and use designation to the Commercial (C) zoning district classification and use designation under the comprehensive zoning 1 ordinance of the City of Denton, Texas. SECTIQt II. That the City's official zoning map is amended to • show the change in zoning district classification, ,~Fer.TION III. That any person violating any provision of this ordinance,, shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provisioi of this ordinance is violated shall constitute a separate and distinct offense. • U(',~'ION EV. That this ordinance shall become effective four- O O teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper a 0 • _ w • +o~ No 9S -~Z 2 , ~ qs published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1995. BOB CASTL£BERRY, MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY By:. ' I a i' j • • d r 7. 'nl « isy~; i iii • 4p • S' ALL that certain lot, tract, or parcel of land situatewlin t 6° 2 s B. Tompkins survey, A-1246 in the City of Denton, Denton County, Og gg Texas and being more particularly described as follows: BEgINNINQ at the northeast corner of a tract shown by deed to Boyd Morrison, recorded in Volume 2913, Page 161 Real. Property Records Denton County Texas; THENCE west a distance of 316,23 feet to the northwest cotter of a tract deeded to Harold E. Ferguson recorded in Volume 940, Page 809 Deed Records; THENCE north 00 18' 12" west a distance of 179.61 feet to the southeast corner of a tract deeded to Denton Baptist Association, recorded in Volume 1901, Page 698 Real Property Records; THENCE north 06 39' east with the east line of said Denton Baptist Association tract passing at 300,65 feet it's northeast corner and continuing on aaid bearing a total distance of 668.20 feat to a point in the center line of I.H. 35E; THENCE south 470 EO' 42" east with the center line of 1H 35E a distance of 199.61 feet to the Point of Curvature of a curve to the left, thru a central angle of 30 39' W, radius of 3274.05 feet, and length of 208.95 feet to i point for corner; THENCE south 250 00' west a distance of 479.53 feet to a point for corner; THENCE south 55° 00' east a distance of 2:,n 27 feet, to the Point of Beginning and containing 3.753 acres of land. ASEU04CB • r, Q i~ f CITY COUNCII I". Fill - - - - - - - - - - - - - or a, • + yt0 6 { O O ~ to MY•+~O • • • ANQ q 5 c~a Ag"ifft ci5 (tte (n -a C) - DATE: June 20, 1995 /C18 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a pubitc heari„x aril consider an ordinance to rezone 8,2721 acres frnrn the Agr;culttual (A) zoning district to the Office Cwtdilloned (O(c)) inning district on properly located on the west side of Bonnie Brae, approximately 2,000 feet south of 1-35. RIIzCOMMFNb ML. The Planning and Zoning COtnrnission recommends approval of the rezoning request (6-0). WIMARL. See Planning and Zoning Commission Report, DAC'KCunr M- See Planning and Zoning Commission Report. P~OCRAMS DEPARTMENTS nv rnoOl>~ AFF~~ Not applicable. ii EISCAL IMPACT; None. 4Respmful submitted : i . 4~ l City Manager ' • e . ,.n • • ~IMMNo 5-Or _ X11 . 217 Prepared by: Walter B. Reeves, Jr. Urban Planner Approved: Frank Robbins, AIC13 Director Planning and Development Attachment 01: Planning and Zoning Commission Report. Attachment N2: Ordinance. Attachment M3: Draft Planning and Zoning Commission Minutes from June 14, 1995. • i 3 • 1 • • i • . is • 95 Denton Planning and Zoning Commission Repoli f 7 Case # Z-95-011 June 20, 1995 GENERAL. INFORMATION Applicant: Alan Nelson 502 W. Oak Street Benton, TX 76201 Current Owner: Liberty Christian School 1500 Bonnie Brae Benton, TX 76205 Action: Rezoning from the Agricultural (A) zoning district to the Office Conditioned (0(c)) zoning district. hocation: On the west side of Bonnie Brae, approximately 200' south of 1.35 (See Attachment 1). Surrounding Zoning rk Land Use North: SUP 196, South: Strip of single family residences along Bonnie Brae, Agricultural zoning. East: MF-2 zoning, UNT Golf Course. West: Railroad property, 1.35W, Light Industriat zoning and development on the west side of I.35W. Denton Development Plan Low Intensity: Study Area #23 (82% allocated). SPECIAL INFORMATION Property is platted and all public Improvements relating to engineering have been completed. No additional encroachment of buildings or parking lots will be allowed in the floodplaln until the floodway is established by engineering study. • Landscaping All required landscaping from the SUP Is not yet in place, a hedge still needs to be planted. BACKGROUND October 1973 • City Council approved two specific use permits on a two-acre tract at this site • • for the operation of a day care center and private swim club. • C) • lpeff~No A@Ktdstl pme b - 2Ca -4~ _ February 14, 1984 L4 499 Y-7 The subject property is part of 267 acres annexed into the City of Denton by Ordinance 84-18, November 3, 1987 Ordinance 87.192 Is passed by the City Council approving a specific use permit for a private school, swim club, and day care center on 8.8 acres. February 1, 1994 City Council approves an amendment to SUP 194 to allow for the expansion of the existing school March 9, 1994 Final replat of Sloneleigh Addition Lot 1A, Block A Is approved by the Planning & Zoning Commission. NOTICE Seven (7) notHicalions were mailed on June 2, 1995. One reply was received, { which expressed no opinion on the rezoning. ANALYSIS This rezoning is largely a result of both the staff, and Liberty Christian, trying to find a way to make the development process work better. There have been several amendments to SUP 194 In the last few years, and its attendant site planning excercise. It appears that a better approach Is avallable for this particular situation. The purpose of a specific use permit is to;"..provide the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use or possible adverse Impact on neighboring properties of the use, review, evaluation and exercise of planning judgement relative to the location and site plan of • the proposed use are required." In general, this is a prudent and reasonable course of action. However, in this particular case the SUP may have outlived Its useful fife. The proposal Is to rezone the subject property from the Agricultural (A) zoning district to the Office Conditioned (O(c)) zoning district. Part of the condition will e be a list of permitted uses that reflects those permitted in the Agricultural district plus private schools and parking. Under the current zoning ordinance, the least Intrusive district In which private schools are allowed Is the Mufti-Family 2 IMF- 2) zoning district. Staff had originally considered this zoning district but the update of the zoning ordinance will be completed by the end of 1995. In the proposed zoning ordinance update, the least Intrusive district In which a private school appears is the Office zoning district. Staff felt it made little sense to • • Na ~ DO " O S. rezone this property to the MF-2 zoning district at this time, to only have the s l"~ school become a nonconforming use by the end of the year. The result Is the rezoning to the Office zoning district. The subject property is located In a low intensity area, so the 'normal' intensity analysis will be performed, Intensity The subject property currently consists of 8.2721 acres. The total Intensity trips allowed for this property is 496. The proposed rezoning will have a total of 874 intensity trips, which is inconsistent with the Donlon Development Plan intensity policy. Based on an SUP amendment submitted in April 1995 (Attachment 2) the Intensity calculation was done In the following manner. Main Building Area 19,900 square feet All Smaller Frame Buildings 5,613 square feet Metal Building Gym Area 8,400 square feet Proposed Locker Room Addition 600 square feet Proposed 24' x 68' Portable Classrooms (2) 3,264 square feet Proposed New Gym 11,175 square feet Proposed Classroom Addition 1,523 square feet Propose Two Story Classroom Addition . 7,800 square feet Total square footage 58,275 square feet 58,275 square feet x 15 trips/1,000 sq. ft. = 874 Intensity trips. Concentration & Separation Bonnie Brae is classified as a primary arterial. Denton Development Plan policy on non-residentiaVretail/multi-family concentrations requires that these areas be no larger than three (3) acres when having access to a primary arterial. Additionally, there Is a 1/2 mile distance separation requirement between other areas of concentration. As an 8.2721 acre property, the proposal is not consistent with the Denton Development Plan policy on concentration. This proposal is also not consistent with the policy on separation, as it is within less than 1/2 mile of the Radisson Hotel, which Is in the Multi-Famlly 2 zoning district. • Disproportionate Share As the proposed rezoning is not consistent with the Denton Development Plan policy on Intensity (proportionate share), a four point dispro port ionate share analysis must be done to determine If there are other planning considerations that would warrant approval of a disproport ionate allocation of Intensity. The e Planning and Zoning Commission and City Council should conslder the , • following Items, but are not limited to these Items: 1. The location of the proposed development In reference to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. • t) • ca • , The subject property has direct access to a primary arterial street (Bonnie b j Brae), and city water and sewer service. Part of the property is In the floodplain and cannot be used for further building development until the floodway Is defined by engineering study. 2. The topography of the land In the planning area and the proposed development. The subject property Is already substantially developed by the school. As previously stated, the a portion of the property is in the flood plain and cannot be developed unless the floodway is established by engineering study. There are no other particular bars to development of the property. 3. The land use In the planning area and the surrounding area. To the west Is railroad property and 1.35W. To the south Is a strip of single family development. To the north is SUP 198 and vacant Agriculturally zoned land. To the east is the UNT golf course which Is In the Multi-Family 2 zoning district. 4. The allocation of trip generation Intensity in reference to other policies of the Plan. Other policies that would appear to be supported by this rezoning request are Policies 7, 9, and 14. Policy 7. Encourage a spatial pattern of land use development which reduces the cost of public services and Infrastructure. With or without the rezoning, the school will continue to exist and operate at its current location. All public utilities are already in place and rezoning the property would promote this policy. Policy 9. Protection of residential neighborhoods from the Intrusion of • incompatible land uses, traffic, nolse and pollution. Currently, Liberty Christian could continue to submit a series of amendments to SUP 194 until the Commission finally says enough is enough. By rezoning the subject property, any further plan changes become strictly a building permit function. • Additionally, because there will be a condition covering the permitted uses of the property, as well as on regarding the • • maximum square footage of all the buildings, the property would be limited as to potential reuse and further expansion. This would promote this Denton Development Plan policy. 7• • 0 • • ynr,M y~ ~ J Policy 14. Promote dlstributlao of land uses resulting in less traffic 7d; f'7 congestion. While it Is highly unlikely that Liberty Christian would relocate to some area of higher traffic concentration should this rezoning be denied, this rezoning will still further this policy. This will be accomplished because Liberty Christian will then have the aN* to adjust to changing circumstances without seeking more SUP amendments, which would give them an incentive to remain where they are et, and not relocate to a possibly more congested location. Additionally, this rezoning would not create any higher traffic concentrations than they otherwise might have occurred under the current SUP RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6- 0) with the following condition, that the list of uses be as shown on Attachment 3, ALTERNATIVES 1. , , Recommend another zoning dlsirict or combination of zoning distrkKs, 2.. , Recommend application with additional conditions. 3... Postpone consideration. ATTACHMENTS 1... Location Map. 2... Proposed Summer 1997 site plan. 3... List of permitted uses. • • • • 1 1 • PHOTOCOPY R ~ ~ i^ IVU~iI r , r- -an SITE a On a_ D ~ s wilt .F J ~ eta ~ s ® Locatlos Map • • Dole: 31"4 Sealer None • o r • Q • • PHOTOCOPY Y) n OWNER/DEVELOPER U, y~ ~ ~Q ~ I.NL IYC.Mt4 M~,Itl .L PUR POS cN.N.l w. E AND ACTIVITY CT 1 V <RACKe n RY1L tii,M Idt•Ilw •N < 1•.. •y IN• ` bL,1N♦OH HIM ro. '•.1'tl X 1NIIIIO.ZOP'Yt E X ISTING HMG I 1A AL 1.1110M♦.. •y .TItH' , 11larl,lerlaarmm TOTAL ACRES . r,ll nN1 EXISTING DWL0ING DATA. e~ n.V /h IN. M I 41 1••I i/1 NLN M4\LI 111 fl W,I r!4•• I". Irf01• +/V\ 111 rll•• 1 I, l-____..___ wM+I •C -I-. ,vWINnnNNo-e 31 III ,Nf { wvn a L'r C.oo, v•cr,•t f / Nw1 a o-ln n c•• •01 u.•.L m l a •W ayllan.lwcl.reo•n<+sIll. PROPOSED CONSTRUCTION PR H I e.:.o~ i r I 1. 1• I.. n1 KI=i . hwc« .lane.. •ro\ .N 1• ' ~ ~ ~„~=y,= I YI:\L I 1 te'•I I Ir 41 !••IIepC'1 1:1. 1• ~ • X10:•`, ~ ~~r I •P'n VOW I• .I LnM IP Ie • weN •N ew1\LI Ip r 1 OCC Leil I IY ♦ IV ll w"•I+'(•IM. L°bIV I: G, 11,1• ~1 act+aA I~ cal' ~ 1' e..wle NrM ~ I I eln,: .n• <e•n.•.•e, • . Lnw e ~ - ~ .r . I 7{ 1 I~ _ r'11>0•N,i 1:, io. Vd11,•r •I 1 M i ~ C 'e'..\ ~I `IN 1 t 1 ♦ 1•I /!if (i 1:11 • 1 1. • 1 1•.. 1 le 11 .ey. db 01 PNI f. t of qe'• 111 IN 00 I _ MOeIY Ce Erfl I] NI:H O• n: L• IL In•N1 fl 1 ) T I` I• W I, n!O _ N•N Yw 1H . - y~y \Y./1. t. 'N.. .10n1r: ,•L...Ift r. e.l , •e M.I. Y.ab en L \ .N11C. «Ihl I•N10 11"H nail: •101• Sii 1 1 II •p0 wul • •v 114,4• .n.,1 nr + I f 11. ^•1 Cl lr .t' ICN•1y M M'111 t`~ 1 lel II(~ I1CIpTj J1~.•1{1'•~ IIYI efI I, ,..M +rife: •Mr' S w~t'111r 1••r.l IL-`-Z•.1J1 ~ i V ~I I lT i In. c•<1: Y•11 ` 'I I •1•W11rN•IwIM 1.Me S L1'~.'(,r~p1.r•re>+1 •N en•n M1111►•.. t.. - gls1 V411th] }3y ) I{ ww.w...... L . ~T r~ • rl Fr J.. ~L I 0 Ii.10.}Yl~:pq yl tC i~.1n~.w lrY _ ` I::,j II i~ Ir .•F~ I 1 1 J. N.MPC N... N 1 y r lw~1• 1, 1•ll rt1 ,r.r .r.. _Il e.nNU. -I O t. ll'r1}~e{}{r ri~~r~111~~~ ~?,•n 0/411 .M1' Y•i ln•,. rryu~r~e _ _ _ _ 1~ YY .x111 .W PS06RT T111TIAH SCHOOL 1 tlONNI! lIRAE ATREET I N f [ t ~l1 rIM ~ reelN SUMMER A011 Al _ _ .y Y I PROPOSED LIST OF PERMITTED USES All. .5 LIBERTY CHRISTIAN REZONING Agriculture (A) to Office Conditioned (0(c)) Z-95.011 Church or Rectory Group Homes Institutions of Religious or Philanthropic Nature Monastery or Convent Occasional Sates Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or benominationai Accessory Building Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (approval and control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off-Street Parking incidental to Main Use Private Swimming Pool Telephone Line & Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Park or Playground Public Playfield or Stadium Railroad Track or Right-of-Way ♦ 1 ♦ ♦ t' • ea 0 P&Z Minutes June A, 1995 ~pIM11~l0~gs 4~~~,~ Page 11 ~16MM>tll+s_i. DO- ~/ag i 7 Mr, Robbins: Yes. The condition that yov have moved is that there would only be one or two office, administrative and professional, as opposed to all of the other uses allowed in the office district. Mr. Drake: I am just wondering if you can make the condition such that any structure to be constructed in the future would have to comply with the SF-7 standards? Mr, Robbins: There is a lot coverage standard that you might do you know how big the oxisting structure is? Mr. Reeves: For my intensity analysis I calculated the size of the structure as eighteen hundred and sixty square feet. Mr. Cooper: Could we limit it to two thousand square feet? Mr. Robbins: I think so, that certainly is what our intent was, to limit the amount of traffic and the physical, sort of visual potential intrusion, so it looks like a ho'rse' acts like a louse. I certainly think that is appropriate. Mr. Cooper: I make a motion that zoning be approved from SF-7 zoning district to office conditioned zoning district which would allow only office and professional use with any structure on that property not to exceed two thousand square feet in size and of course appropriate parking to serve that structure. Dr. Huey: I'll second the amended motion. Ms. Russell: I believe this would be a substitute motion and we will vote on this one. All in favor of the ;ubstitute motion please raise your right hand. Opposed same sign. Approved. (6-0) • V. Hold a public hearing and consider the rezoning of 8.2721 acres from the Agricultural (A) zoning district to the Office (O[c~ zoning district. The subject property is located on the west side of Bomtie Brae, approximately 200 feet south and east of 1.35. (7,-95-011) Ms. Russell opened public hearing. Iv1r. Reeves: This is a rezoning for Liberty Christian School which is located on the subject property. Currently- they have a specific use permit which requires that every time thov want to change their site plan, be it to move a portable building or add a 0 7) • w • L P&Z Minutes Jun- 1995 DW ~S Page l2 2 eZ, 15 building or move something, they hot to come back here and present another site plan and have it reviewed and approved. Liberty Christian has been there for quite a while and I am sure that they don't anticipate leaving for quite a while. The process has become somewhat unwieldy. What you have in front of you is a site plan that they submitted approximately six weeks ago, one in a series of site plans and this is what they propose to get to in 1997. The reason that we are here seeking office conditioned rezoning is because in looking at this under our current zoning ordinance the first district that a private school is allowed in is MF•2 and we considered that. But as we are involved in rewriting the current zoning ordinance we took a look at that and discovered that the earliest district that a private school is allowed in would be office. It didn't make much sense to rezone to MF•2 and then have it become a non-conforming use where they wouldn't be allowed to build any buildings at all. So we decided that the more prudent course would be to ask for the office zoning district and limit the permitted uses to a private school. The rest of the uses there are all uses that are permitted in the agricultural zoning district which is what the underlying zoning is below the specific use permit. So all of those uses besides the school are uses that are j already permitted in the agricultural zoning district. Our normal analysis indicates that this request does not meet the intensity requirement, intensity policy of the DDP, it is not consistent with the policy on separation or concentration either. We also did a disproportionate share analysis. The school is located on Bonnie Brae which is a primary arterial. The surrounding property, there is a strip of single family development to the south of the property, across the street is the UNT Golf Course and to the north is another specific use permit for a church. To the west is railroad property and 1.35W. The staff recommends approval of this request with two conditions, the list of uses shown on attachment 3 and then a second condition. I read the second condition over again and decided that attaching the second condition doesn't really accomplish the reason to rezone it to office conditioned. I changed my mind and we are not going to recommend the second condition. Therefore, our recommendation is to simply rezone it to the office conditioned zoning district subject to the list of uses shown on attachment • three. Ms. Russell: Is the petitioner available to ; peak? Mr. Dwight Gailey: My name is Dwight Gailey and I am the principal of Liberty Christian School. Our reason for the request is that the process that we are under is • quite laborious and requires us to come before you if we even move one of our portable buildings. I am obviously in favor of the request and I am here to answer any questions a' that you might have. Dr, Huey: Do you have any comment matter of the square footage recommendation 1 • O • as • P&Z Minutes June 14, 1995 Page 13----~ 7 that was just withdrawn? Mr, Gailey, I am not familiar with what you are asking. Mr. Reeves: He was not aware of it and we decided that we didn't want to take that approach. Legally it could have been a problem. Mr. Cooper: So you are withdrawing condition number two and the only condition that you .tire recommending is item one which is the list of uses shown on attachment three? Mr. Reeves: That is correct. Ms. Russell: Would anyone like to speak in favor of the petition? Would anyone like to speak in opposition? Are there any closing remarks? We will close the public hearing. Any final remarks? Mr. Reeves: We did send out the required notices and we got one response from UNT and they didn't have an opinion. Mr. Norton: I move that we approve case number Z-95.011 without the second recommendation that was included in our paperwork and to omit that condition. Ms. Flemming: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. All opposed same sign. Approved. (6-0) e I ...~-..fir..... 1 • Mw..~ _.._...~.1'i ~3 _NWw.... _ , • • 1 ~ .}7.?r 1 ~ f i ~~.'x..!`r dl~;4t 1 ti~14: e w • Z-95-011 4~deko.____9S 2 ~QMdif~yp 4te. ORDINANCE NO, 04q /7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 8.2721 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY 2,000 FEET SOUTH OF I-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Alan Nelson has applied for a change in zoning for 8.2721 acres of land from the Agricultural (A) zoning district classification and use designation to the Office Conditioned (0(c)) zoning district classification and use designation; and WHEREAS, on June 14, 1995, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 8.2721 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Office Conditioned (O(c)) zoning dist- rict classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. The uses described in Exhibit 2, attached hereto and incorporated by reference herein, are prohibited. SECTION II. That the City's official zoning map is amended to • shuw the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. e • ~ &X1JDQ IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily • 0 • a • ISoa/7 newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FOkM: HERBERT L. PROUTY, CITY ATTORNEY i • i i • 1 p • • Mlr-z N DEllICA1bN a IA I! or tp" ~S C"ry OF DemloN WNERFJIS, 19we. 9, LI are tBlRhTe y owns t a hac 000"1199- "oft Of f 6 1160 MR4ISTAWS, RTC.. A lha6 non-ItfoRl Corpaotion. of Rve Corny of Denison, AM is.at, l M land in the City fill Donlan, loses and being all Mar eertmRf toilet or parool of laws sNualsd In Me 0010 . B onvolot Survey, A►ttoa0 tlrmbw M. 041MNOn Carrny, to, r% sod hefrrg M 04 a toilet of taffd d6Adpd rn Donald H. Sto"e by Howard L. SfoM and vrlft Sarah u Slone M May 27, foot receded In VMrrrne 11A7. Pare SAO Dn- 1 Records ""daft of a Baal 4W*4 10 Donald H Scone and wlfo lotraRfe SW"O by Cron 0 nomwes, h. and wHp WIN 1 n.,. on August t0. tU3 reoadad In Volume 1147, raga A7 064d nods and b" all of 11641 r, all n1 fracl 2 and a pair Treat 3 dosdlbsd In A deed from Joe R. Abhey AT At, to Donal H $Tom do August I, 19A I leendad in Vnimort I ^nro 256 and bNnp mail Ire rHCUfary deswibad as follows Being lot 1• Rlota 1 01 Stun"gh Addll[ar, an additlo" In M* Cloy Of Donlon, according to Ihs plat Mareol remitted In Cabinet D. Page 17 of the Net ltaeadt of OAeton Cnunly, 1,val. And 3.000 fr♦uars feel of land out of the 0 R aftstat Survey Abehaal Mrmbar 56. at reeordod M VnlumO Nry 1746, rsao tin Deed necordt And a oertata heel of land altwtad In the 0 S 131awofor Survey, Abtlfaol Humbarf 1H, NA IM City and Coua4y, o4 DOW*" fetal and WOO a Part of that esttaln 1160 deewlbed In the dared Ran t9wf0 kMddtatan o1 w 10 QM B MNes Jk 'ef. art rNaded M VoRtrne 666 Pege 130 of the Deed ROeads of Donlon Corny, looms, Md oil that oatlahf Itacl at psresl of Iand Mat It ulualsd M IIIO 0.8 Btowttar S,rfvp, Abolra0 Huutobot 96, DO"ton County, T"41 ►eltrg • 1100,1110n Of A certain kdl6df f 037 hers ttaal dararded by MIl1w W. AbbOy, M at to Joan Reed A". and teootdod to Volwwe 436 rugs "0 f3ssd nseaAa of nenton County. Tsvaa. and being move fully detafbod as follows: aeglnning at the Nalheesl corner of Me 0 S Btewtlet Survey, AbeNaol M: (HENCE 5 0o" 21 26 E a dltlaett of 31 t 53 Mel Along the Right of Way 0 Ronnie "rat Shoot to a tot loon pin: HENCE N 69' 49 00' W a disfanae M 30.00 feel along the RIgM.OfWay of f3o"n1e Boat Street to 6 found hen pin, THENCE S O0' 23' 21• F it dfara"a of 213 70 foot along the RlghrOf Way of Nonlife Brag to a found loom pin. II IIIENCE S a9' 43 31' W a distance OI 10 tool along the Rlghl.Of-Way of Roan o Bret sliest to a bond Itch yin which fA oho soulhwesl Corfu Of IM Right obWay at Bonnie a1N Street: I HENCE S 69' 43' 31' W a disfenet of 115 01 lest to a found loco pin: I IrENCF S 00' 26 40 E a distance of 1 15 25 feet to a lound Iron pin. I HENCE N 69" 52 30'W a d4tance of 150 00 loot to a found lion pin: 1 HE LICE 14 00" 26 40 W 6 dillance of 20 0 feel to a found loom pin: t11ENCE N 69' 52 16" W a dislanto of 121S 0 1"1 to a Hound [ton pin: W DICE 11 00'21 ' 37 W or dlAlonge of 89 $11 Isar lo a found loan pin: IIIENCE S 09' S0 26 W a drHAna of 91 M lest to a found bon pin At the East Hight mf way of trip A 7 A 9 r nalhnati • I FIENCF N 15' 30 32 W a disunee of 246 IS leer 10 A tnvnd Iron pin along the to" night r f ;.4v of ;old nalrroad: rHFNCF 14 14' 52 25 W e distance at 1A7.75loot In a all lion pin, I IIEt4CF N 25405 24 W a distance of 16111 O loaf 1o a found iron pin: IIrENCE N 20.59 37' W a dtslanct of 5 00 lest to a found lion pin; , • tHENCE S 69' 4A' 00 F a distance of 664 21 feel to a set lion pin marking Iho Wesl Right lit Way r+I 1lnn11e that Shepl. • • THENCE S 99' 46' 00' E e dislmnao of 40 00 feet to t oaf NM pin marklrvg RN Cost nightof Way of Rnamlo Rio* Siff-lit 10 IM POINT OF 1111E0"ON0, eontiolning 6 630 acres of land, insfuding 0.356 so" of night 04 Way doo irmilco for 110"nM INtso Shesf sub*l to ods6rnMN at Mown :x NOW 114ERFFrx1E KNOW All MFN MY IfIFSE P11FSENIS. ~If'',• ii,e11 nodnPy HAmi repr01no11n9 I it city f b,~•s Wn Ar MrnlSh rn inr4,rn'At.d f • b • • it 1 C 110P X11- Prohibited Uses Z-9"11 Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Public Library Nursing Horne or Residence Home for Aged School, Business or Trade Community Center (Private) Off Street Remote Parking Sewage Pumping Station Telephone, Business Office Swim or Tenuds Club Offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health Animal Clinic or Hospital (No outside tuns or pens) Farm or Ranch Cemetery or Mausoleum Fraternity, Sorority, Lodge or Civic Club Home for Care of Alcoholic, Narcotic or Psychiatric Patients Public Building, Shop, Yard of Local. State, or Federal Government Radio and/or Television Microwave Tower Water Treatment Plant Airport Landing Field or Heliport Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant • Scientific or Research Laboratories 3 1 • • 1'A , ~L d>> i c> 0 t i CITY COUNCIL O~ 0+ l M O 4 y • Q •4r00' t6i-v- 1 • a • AQtAdeNo~'._c~ 4geRdalt fate (o - - DATE: June 20, 1995 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUWECT: Hold a public hearing and consider an ordinance to rezone 4.2721 acres from the Agricultural (A) zoning district to the Light Industrial Conditioned (LI(c)) zoning district on property located on the south side of I-35E, approximately 3,200 feet north of State School Road. RECOMMENDATION- The Planning and Zoning Commission recommends approval of the rezoning request (6-0), SUMMARY Soo Planning and Zoning Commission Report, BACICGROUNDI See Planning and Zoning Commission Report, PROGRAMS DEPARTM NTS OR GROUPS AFFECTED, Not applicable. FISCAL IMPACT' None. Respectful) submitted: • Llo d Harrell City Manager m • gtxldtNo, qs° 022 art - S Prepared by: C-~O* Walter B. Reeves, Jr, Urban Planner Approved: Robbins, Al jVenk Director Planning and Development Attachment 01: Planning and Zoning Commission Report, Attachment 02: Ordinance. Attachment M3: Draft Planning and Zoning Commission Minutes from June 14, 1995, • • • • r i . ~ -{a > r6 • rb • r aoetlda+ rime _ b-20-5ts Denton Planning and Zoning Commission Report 3og ) O~ Case #Z-95-006 June 20, 1995 GENERAL INFORMATION Applicant Robert Raynor Owner: Paul Lockhart 1108 Dallas Drive, Suite 310 1108 Dallas Drive., Suite 310 Denton, TX 76201 Denton, TX 76201 Action: Requesting rezoning from Agricultural zoning district to Light Industrial (Conditioned) zoning district. Location: Adjacent to the south side of 1-35E, 3,200 feet north of State School Road (Attachment 1). f Surrounding Land Use and Zoning: North: 1-35E. South: Vacant, Agriculturally zoned land, East: Vacant, Agriculturally zoned land. West: Vacant, Agriculturally zoned land. Denton Development Plan(DDP) Low Intensity, Study area $77 (187% allocated), SPECIAL INFORMATION Water/Wastewater * Water available from line in 1.35E access road, * Sewer available at State School Road. * Fire hydrant will need to be Installed when property is platted, Engineering * Platting necessary prior to development, * Normal platting requirements will apply. * Only one driveway access. * Need to evaluate possible location of future collector street, I • BACKGROUND The Planning and Zoning Conunlssion ori&ally considered this request at its April 26, 1995, meeting. The Commission recommended approval of the rezoning at that meeting. The petition was then withdrawn by the applicant so that Condition 6: No outside storage of any kind, could be revisited by the P&Z. j • The reason the Commission revisited Condition 6, is that the petitioner Inquired • • (Attachment 2) as to how this condition would effect several of the approved uses greenhouse or nursery, plumbing shop, and some of the retail uses) where they might have outside storage as part of the business, While It is possible, in some cases, to address such an issue at City Council, It could not be done in this case, no City • a • 2 Mo. I Council could have approved an ordinance with more restrictive conditions than that 40g / approved by the Commission, however, in this case Condition 6 is already at its restrictive maximum, It is unusual to see a greenhouse or nursery that does not have part (or all) of its plant stock stored outside. In a nutshell, because this condition is currently at its most restrictive, the City Council is not legally authorized to approve something less restrictive than that recommended by the Commission. So, the only way to address the applicant's concerns, was to revisit this Issue with the Commission. NOTICE Six (6) notifications were mailed on June 2, 1995. One reply, which is favorable has been received. ANALYSIS Intensity The subject property Is located In a low Intensity area (M77, 187% allocated), The overall intensity analysis is as follows: 4.2721 acres x 60 trips/day/gross acre (t/d/ga) - 256 Intensity trips. Project intensity is calculated as follows: 4.2721 acres X 105 t/d/ga - 449 intensity trips. Clearly, the proposed project is inconsistent with the general policy regarding proportionate share. I Separation & Concentration The proposed rezoning is consistent with the concentration policy of the DDP, by being under 5 acres in size. The proposed rezoning may not be consistent with the separation policy, as a large retail area Is located R approximately 1,000 feet to the north along 1-358. Disproportiorwte Share Criteria From the DDP: lfa specific request violates the general policy of proportionate allocation a determination should then be made whether there are planning considerations that would warrant approval of a disproportionate allocation of intensity. The Planning & Zoning Commission and City Council should consider the following items, but are not limited to these • items: 1, Public Facilities. The proposal has access to water along the 1.358 access road. Sewer Is available @3,200 feet away at State School Road, The property has direct access to the 1.358 frontage road, • • 2. Topography, The property has a cleared area roughly in the center of the property where a former nightclub once stood. The pmperty slopes sharply away ,y • Q ®J • Q • "tit ND"9-:5 ve, b-20-9s to the north and southwest of this location, and more gently to the j g southeast and south, the northern portion of the property is heavily wooded, and contains the property's major drainage feature. As the property moves toward the southeast, it becomes significantly less wooded. The topography of the property has the potential to make development difficult without extensive grading. Drainage is also a concern. 3. Surrounding Land Use. The surrounding land is currently vacant. Approximately 1,000 feet to the north is a large commerciaVretall area (Luby's). Approximately 2,500 feet to the south is Jostens. To the north is 1-35E. 4. Other Pollclm. 1. This proposal would seem to support Policies 4, 7, & 9. Policy 4. Promote the development of a stable and diversified economic base to generate Increasing job opportunities and a broader tax base. Policy 7. Encourage a spatial pattern of land use development which reduces the cost of public services and Infrastructure. Policy 9. Protection of residential neighborhoods from the intrusion of inenmpatible land uses, traffic, noise, and pollution, Summary Analysis of this request indicates that it is Inconsistent with the Proportionate Share and Separation Policies of the DDP, However, the disproportionate share analysis indicates there are other planning conditions that could support this request. Alternative Approach In conjunction with the proposed DDP intensity amendment, for which the Commission also recommended approval, staff considered an alternative policy j approach. In recognizing the Importance of entryways into Denton, the Planning & • Zonin,, Commission had generally required that projects along these entryways be Planned Developments (PD's), In light of efforts to make the City of Denton more "user friendly," staff suggested the Commission consider this alternate approach to entryway projects. Recognizing that property along the 1-35 corridor is especially attractive for e nonresidential development, staff felt that a redesignation ac a moderate Intensity area • was not out of keeping. The approach suggested by staff in this particular case was as follows, A. The list of conditioned uses was substantially pared to reach a level of 3. • o • w • A4lndatftr«►t.~..s.,...... consistency with PD-72 (see Attachment 4). 6 / B. The moderate intensity measure of 350 t/d/ga was used to calculate the maximum floor area any and all buildings to be constructed on the property. The calculation used: k7otal acres of the project x 350 t/d/ga)/I'able 1, Appendix A Trip Clen, Factor x 1,000. In this case the calculation worked in this manner: (4,2721 acres x 30 intensity tripsV60 trips x 1,000 - 25,000 square feet. The total square footage of the property is 186,093 square feet. This yields a floor area ratio (FAR) of 0.1343. This Is an extremely low floor area ratio, and should result in a large portion of the property remaining free of buildings and parking, and in open space. This one condition may satisfy the City's entranceway policy, which states: Developments along major entrance ways present the first impressions of the City to the public eye. The policy of this Plan therefore is to encourage and promote good urban design to enhance the aesthetic quality and visual amenities along entrance ways. The following specoc guidelines are required. 1. Development proposals should be reviewed to ensure adequate compliance with standards and requirements including but not liniked to: a. Front yard setbackv b, Building covemge c. Landscaping d. Signage e. Curb cuts f Off-street parking g. Design and construction of facade h. Pedestrian access 2. Promote integrated site design and layout which considers adjacent tracts of land with emphasis given to internal circulation as opposed to continuous strip development. C. Considering that the city has no architectural standard to apply and the high visibility of the location, P & Z adapted a condition from PD 134, across I-356 from this site, to recommend in this approach. That corrugated, or any other 0 metal exterior, will not be allowed on any building elevation visible from 1- • • 356. D. As (his is a speculative rezoning, and considering the location, P & Z also recommended a condition that prohibited all "off-premise" slgnage on the • 0 w s subject property. This condition would effectively prevent the use of the CV g property for billboard signs during and after the marketing process, thereby reinforcing the entryway policy. 8. As a passible light industrial location, the potential for a loading dock area and dumpster location Is very high. Though necessary, these area an not the Crow aesthetically pleasing. Therefore, P & Z also recommended that any loading dock area and/or dumpster locatfon(s), be screened by a minimum six (6) foot opaque screen (fence, wall, vegetation) from view from 1-338. P. Due to the heavy vegetation on the property, staff felt that no formal bufferyard is requited provided all existing 2 Inch or larger trees having trunks within 25' of the property lines were maintained, and the property Is located In a Moderate Intensity Area as defined by the DDP. There remains a substantial difference between this approach and the PD approach formerly in use. This approach limits the Council's ability to review, in detail, all aspects of a project along an entryway. Thus, this was a rather large policy question that the Commission considered and answered. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6-0), subject to the attached list of conditions (Attachment 3) and permitted uses (Attachment 4). ALTERNATIVES There are a number of alternatives available. 1. Approve the petition as recommended. 2, Attach a condition addressing outside storage. 3. Amend the list of uses to remove all the ones that potentially have outside storage, but keep the same condition list. 4. Postpone consideration. 5. Add other conditions. 6. Deny application. • ATTACHMENTS 1. Location map. 2. Applicant letter. 3. List of conditions. 4. List of permitted uses. f S. • • r ' 6 -2G-0s SITE , 4 f a.. ~l J, 4t, s b. V J. i DAAYEL LOMBARD SURVEY ABSTRACT NUMBER 784 $~~';+~r • y~ • P R R COMPANY SURVEY ABSTRACT NUMBER 950 CACC k:oCULMK e x too No • ~rCt % OWN, ]HANIMETT J'r .:ya h i rn ~rf. • • ,t FOUTS, REAU'6RS; INC. -4 20cyT 1ALU9 DRIVE • V - SUITE 010 DENTON. TEXAS 74206 . 017.342.1411 90S May 16, 1995 Mr, Bob Castleberry Mayor, City of Denton Re, City Council meeting, May 160 1995 Public Hearing "C" - Light Industrial Conditional Zoning of 4,2721 acres Dear Mayor; In accordance with a conversation with Mr. Walter Reeves of the Planning Department considering the proper procedure in changing 06 of "The Conditions of Approval" of the above mentioned zoning, I am asking on behalf of Mr. Paul Lockhart, that the City Council remove this item from today's agenda and ask P $ Z to reconsider 16 of The Conditions of Approval Z-95-006, from no outside storage of any kind to allow storage customarily associated with the accepted uses, Thank you for your consideration. Sin erel Robert Rayner RR:cw Enu. • Dentarr's Corr»nercfat-Industrial Specialists t~ t r y 7 t f~~ T i"4 ~t F ra ix f 711~h1. v. ~ 7~+ ~ i 1 i ~4~k1 1{t~~ r'~{ A • - m • +pmNojS 2 CONDITIONS OF APPROVAL` Z-"-Qo i g 1. The fist of permitted uses is as per Attachment 4, 2, The maximum total floor area for all building(s) constructed on the 4,2721 acres is 25,000 square feet, 3. No off' premise signage will be permitted, 4. All loading dock and dumpster areas will be screened from the view of I.35E by a minimum six (6) foot solid, opaque, screen (fence, wall, vegetation), If vegetation is chosen, It must remain opaque throughout the year, 5. That corrugated, or any other metal exterior, will not be allowed on any building elevation visible from 1.35E. 6, All trees (2 incha In diameter or larger) with any portion of its trunk located within 25 feet of the property lines stall be maintained. A t i • • 0 ~1 .7~. ~ ''raid • • 4 Ham CASE #Z•9S4" PERMITTED USES ob 19 Domulory, Boarding or Rooming House Hotel or motel Art Gallery or Museum Church or Rectory College of UnJversity or Privat,3 School Community Center (Public) Day Camp Day Nursery or Kindergarten School ouund of Exhibition Area Group Homes Home for Care of Alcoholic, Narcotic or psychiatric patients Hospital (General Acute Corti) Hospital (Chronic cue) It"tutions of Religious or Public Library Philanthropic Nature Monesta'Y of Convent Nursing Horne or Residence Horne for Aged Park' Playground or Public Community Center school, Private Primary or Secondary School, Public or Denominational School, Business or Trade Accesxwy Building Community Center (Private) ®ecocal Generating plant ©ecorical Substation Electrical Transtnission Line TartPo+ary Field Of Construction Office (sabjea b Irv and Fire Station or Similar Public Safety Building °0°tfOt Lrpeayaq • Gas rMns"Ussion Line and Metering Station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station i • O Amusemeet, CoaurMW ~IC~) tiaarl • ~......r ~ 4g1A0gl Country Club (Private) whit dolt Coupe POW Golf Course C~ CaenmetcW Golf Coupe Public Park of playground PuNlc Playfkld or Stadium Roller or Ice Skating Rink Swim of Teruvs Club 711earer, Other than [hive-in Type Bus Station of Termini T[lafltor~rtbn RN•ted td- Hauling of Storage Company Maof Freight Termini Auto Laundry Automobile G-~ Gasoline Service Station (interpreted as gas stab orVconvenieruce store) Antique Shop Retail and c. T _ Bakery of Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Sinop Greenhouse Of Plant Nursery (Retail) HandicraA Shop Household Appliance Service and Repair Laundry or Clarwig self Service Miff t ph, Stationary or letter S Mortuary or Furueal Parlor hop Offlices, Professional and Administrative of Bam Ir4lor r ndvor Wine On Premise Sale o of wine ueensed Private Club Restaurant O Retail Stores and Shops-4,000 square feet or less Retail Stores and Shops-over 4,000 squire fed Studio for Photograpl'er Musician, Artist of Health Yltural r • • Greenhouse of Plan, Nursery 0 /0- • Mfldiq M~at~s.ks Cabinet and. Upholstery Shop Cteaning and Dyeing Plant (Canmemial) Clea"eg Plant, Boo or Carpets (Special Equipment) Clo'Mng Manufacture of Light Compounding or pabrication Jo LAUndify b Printing or Newspaper Printing or !c icy, or ic (Commercial) Depot Plant e Cr+eam pant hop Petroleum Products, Storage-Wholesale Plumbing Shop Sckntific or Research Laboratories Storage or Saks Warehouse Transfer, Storage and Qsggage Terminal Wholesale Office and Sample Room Light Manufacturing or lndnstrw Uses which Section 33.328. meet the pert orrrurtce standards prescribed by Permitted Uses With Approved Specltic Use Permit Co"Olonal Facilities Fraternity, Sorority, Lodge or civic Club e r.+~a~fn ry,.. y • r._~.IwH..._ .~.-•l'Yi~'CIVY- ,`r. li r r r ,r ~ (i < i~yy p i Fo 95-02 2 P&Z Minutes ' " June 14, 1995 /y~ / Page 7 111. Hold a public hearing to consider the rezoning of 4.2721 acres from the Agricultural (A) zoning district to the Light Industrial Conditioned (1,1[c)) zoning district. The subject property is located on the south side of 1-35E, approximately 3,200 feet north of State School Road. (Z-95.006) Ms. Russell opened the public hearing. Mr. Reeves: You saw this a few months ago and recommended approval of it to the City Council. On the same day that the City Council was meeting the applicant had some questions about one of the conditions which was condition number six, no outside storage of any kind would be allowed. Tire applicant raised some questions regarding some of the uses, most specifically a nurser, or greenhouse where you typically see plant stock and things like that stored outside Because the condition is at its restrictive maximum, the City Council has the ai; ility to make things more restrictive but not less restrictive. Because it is at its restrictive maximum there is really no place to go with it and the only way to address the issue was to come back to the Planning and Zoning Commission arid revisit condition number six, Nothing else has changed, everything else remains the same. Our response to it is that staff is not committed to that condition and in fact under this new scenario we are recommending that condition number six be eliminated. As we point out in the staff report you do have the option to come to some other conclusion, find some other alternative that might work. Ms. Russell: Would the petitioner like to speak? Mr. Robert Raynor: My name is Robert Raynor at 1106 Dallas Drive, Suite 310. We apologize. We did not see the no storage of any kind. We read it but it didn't click. When 1 contacted the owner we had some discussion on it and it was quite apparent that there are many of these things that are zoned that storage would compliment it. Storage would be necessary. So I contacted the city staff. They were receptive to it. If a nursery or some retail sites, if they decide to come in they may have some kind of outside storage. I am not talking about trucks, things of that nature because that has been eliminated, We are talking about bushes, patio furniture, something of that magnitude. That is the reason that we have come back because the recommendation of the staff was to bring it back to you so that we could have this clarified and go on. I think the City Council would have addressed it but because of the legality we want to make sure that this is followed through correctly. Ms. Russell; Any questions? Anyone to speak in favor of the petition? Anyone to speak in opposition? We will close the public hearing. Any final remarks? I 9 • w • Aga*NoM P&Z Minutes 9 June 14, 1995 Page 8 Mr, Norton; I am ready to make a motion. 1 recommend that we rezone the petitioner's property from agricultural to light industrial and to exclude item six from the limitations. Ms. Schertz: I'll second. Ms, Russell: Any discussion? All in favor of the motion please raise your right hand. All opposed same sign. Approved. (6.0) IV. Hold a public hearing and consider the rezoning of 0.48 acres from the Single Family 7 (SF-7) zoning district to the Office Conditioned (OICD zoning district. The subject property is located on the northwest corner of Linden and Fulton Streets, adjacem to Denton High West. (Z•95.014) Ms. Russell opened the public l earing. Mr, Reeves: This is a request by the DISD. The subject property is Lots 3 and 4, Block 36. DISD proposes to rezone to them to office conditioned zoning district so that they can use an existing brick structure on Lot 3 as offices for their food service function. Lot 4 is currently vacant and Lot 3 is not large enough to handle the required parking for the facility so Lot 4 will be where the parking will be located. In doing our normal analysis of this request it does meet the intensity requirement and is in fact one trip below the maximum intensity allowed on the property. The separation policy is not meet but the concentration policy is meet, Staff recommends approval of this request. I apologize, on attachment two, we only have one condition which was allowed and that was for offices, professional and administrative, but in fact we have to make a correction to that to include off street remote parking and off street parking incidental to the main use. This will allow them to park on the separate lot. So in fact the permitted uses will be an office and parking, • Ms. Russell: Would the petitioner care to speak? Anyone to speak in favor of the petition? Anyone to speak in opposition? i Mr. Cooper: Is this the corner directly south of the main site that the high school is located on? • Mr. Reeves: Yes, I believe the high school is located directly to the north. • • Mr. Cooper: Is there anything on those lots right now? J M 3 • P as • Z95-046 ~ • ~ ~ ` 16 ~q ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rob Rayner, on behalf of Paul Lockhart (owner of the property), has applied for a change in zoning for 4.2721 acres of land from the Agricultural (A) zoning district classification to the Light Industrial Conditioned (LI(C)) zoning district classifi- cation; and WHEREAS, on April 26, 1995, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council, finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION L. That the zoning district classification and use designation of the 4.2721 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to :he Light Industrial Conditioned (LI(C)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, with the following conditions, 1. Permitted uses are restricted to the uses described in • Exhibit 2, attached hereto and incorporated by reference herein. 2. The total floor area for all building(s) constructed on the 4.2721 acres shall not exceed 25,000 square feet. 3. No "off premise" signs (as defined by Section 33-2 of the • Cade of Ordinances of the City of Denton, or its succes- sor) will be permitted. • i 4. All loading dock and dumpster areas shall be screened I from the view of I-35E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at lest six feet above grade. If vegetation is chosen, the owner of i O ~ QS~O LZ S~ e~ r O w >r /74/1 the property shall mainL +.n such that it remains opaque throughout each year. 5. That corrugated, or any other metal ei:terior, shall not be allowed on any building elevation visible from 7-35E. 6. The owner of the property shall maintain nll trees larger than two (2) inches in diameter, where any portion of their trunks are located within 25 feet of any property line, and this duty shall attach to the zoning. SECTION II. That the City's official zoning map in amended to show the change in zoning district classification. SECTION III. That any per3on violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the - day of 1995. ROB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CIN SECRETARY BY: I r..~wr-.yam `w-"~`... 1 ♦ .w., ~.u w, ...a....1.'1 i.1 ti... ~ i, • I ~ A ~8oa/9' APPROVED AS TO LEGAL PORMt HERBERT L. PROUTY, CITY ATTORNEY i i - _ _ ....~.,.w.~~.r.... s,. .....r.►.~rrJiA:WOtds:':r rvw- , • w • -qS-pO~ ggNUA~ER NOgg~SgB RDBNTOIN~ ~COUTNTY~gRpTB%aTHE B, LAMBERT BUR~6'fiY ABSTRACT D O L H(CkLL Of~ .39 BE C E4~"IRT0LPI YD 0 SCR HD 6 I7 R RR~TVgERR Y UUXX pp G BAR R I DT yr NOVBNB~iRRET197?rORE~ ND h A 00E gg 0 8 A INCVONM* 93A~ ~~jj8ET /60N SCOUNTY, TB%AS, AND BEINO MORE P RTICULAkLY 1596C~IBQD A9 BECINNINC AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6,393 ACRE TRACT; T T 8 4 N 8 {~I 6 H s ag 16 MIU L INB OFOS1T1FH D S6.3 93REl1CRR TRAC E11ND2 ALONOD AND SNEART A TfENC~ TR DISTANCE OF 455.544 FEET TO A PENCE {CORNER POST FOR CORNER; g g 14 PENNCEwASNDOII ST{ANN~CE OF 8 0 351 FEET TO ANT IRON INN Ale CORN DR I MBAR HA 2N4 FI STT ~0 l1NOIAON SPIN IONT 2O o8ffiFiE6 Tb1 T ASIORTDOMY S I}}N{{TTgiRCcS~~rrTATE ~~H}}{{IOH1WADY~raNO NO, 3e5 ; x T g p qp g IV 1.('84 „ gay I p ITlICHti#1~YSRIOHT OF-iIAYR EDIBTAtA OFEb46043S%lDTO TPIN !OR CORNER: 97. COF pp aa N aagg 88 Hg T C (gp LIN51BETAT00THE PO NTEOI~ OINHIN0 lI1fIDCONTIEIIN N0 402721 11CRR8 OF LAND. s ,3„ • b~ O 41 IfM CITY COUNCIL 40! i 4+ 4 c A4 N♦ 0 N>Q M t'~oOO IT: ct Q , • 0 Y 0 • • Ap*No. Agendalt ¢ 511 DATPe---(DTW-'F6')2c 5 CITY COUNCIL REPORT FORMAT ' TO: Mayor and Members of the City Councli FROM: Lloyd V. Harrell, City Manager SUBJECT, Hold a public hearing wid consider an ordinance to rezone 0,48 acres from the Single Family 7 (SF-7) zoning district to the Office Conditioned (O(c)) zoning district on property located on the northwest comer side Fulton and Linden Streets, BECOMMENDATION- The Planning and Zoning Commission recommends approval of the rezoning request (6-0). SUMMARL See Planning and Zoning Commission Report, BACKGROUND, See Planning and Zoning Commission Report, PROGRAMS, D •PARTMENTS OR ('ROUpS AFFECTED: Not applicable, D CAL IMPACT None, Respectful submitted: • loy Harrell City Manager i q r • • Prepared by: Walter E. R vas, Jr. Urban Planner Approved: / ~ li 4 Frank .Robbins, AICP Director Planning and Development Attachment 01: Tpanning and Zoning Commission Report. Attachment 02: Ordinance, Attachment M3: Dmfk Planning and Zoning Commission Minutes from June 14, 1995, i • i • r ',;~Z~` ~ ~11'tii~ r`''h4'Y~Y ~~,A3 y.~~~'~~1 . a • w • +pllkllNO DENTON PLANNING AND ZONING COMMISSION CASE #Z-95-014 June 20, 1995 GENERAL INFORMATIQN Applicant: Denton Independent School District 1307 N. Locust Denton, TX 76201 Owner: Dentor Independent School District 1307 N. Locust Denton, TX 76201 Action: Requesting rezoning from the Single Family 7 (SF-7) zoning district to the Office Conditioned (O(c)) zoning district, Location: The subject properties are located on the northwest corner of Linden and Fulton Streets, Surrounding Land Use and Zoning: North: SF-7 zoning and Denton High School. South: SF-7 zoning and a single family neighborhood. East: SP-7 zoning and a single family neighborhood. West: SF-7 zoning and a single family neighborhood, Denton Development Plan (DDP): Low Intensity, Study Area #116 (124% allocated) SPECIAL INFORMATION None BACKGROUND The subject properties are Lots 3 and 4, Block 36, Extension of Denton High School Addition. D1SD wishes to rezone the subject properties because they intend to use the existing house on Lot 3 as offices for their food service functions, and they intend to use Lot 4 to provide the required parking for the offices to be located on Lot 3. In order to minimize • the impact of these uses on the surrounding neighborhood, DISD is also proposing to severely restrict the land uses permitted by the zoning ordinance (Attachment 2). NOTICE Six (6) notifications were mailed on June 2, 1995, One reply was received, in favor of the request. e • +a • ~p1AdlMo.~ ~`1 2 9Z o 6 ANALYSIS Intensity The subject property is located in a low intensity area (#1116, 187% allocated), The total number of intensity trips for the property allowed by the DDP Is 29 (0.48 x 60 t/d/ga). The total Intensity trips generated by the proposal Is 28 (1860 square feet x 15 t/1,000 square feet of floor area). The proposed rezoning Is consistent with the DDP poNy on Intensity, Separation The subject properties are approximately 1,500 feet from Office zoned property along University Drive. The proposed rezoning Is therefore not consistent with the DDP policy on separation. However, as one of the conditions will be that DISD adaptively reuse the existing building (Attachment 3), this Inconsistency Is somewhat mitigated, and also addresses the strip commercial policy of the DDP. Concentration no subject properties consist of a total of 0.48 acres. The maximum ~:,,wentn ion size E allowed by the DDP along a collector street is 2 acres. The proposed rezoning is consistent with the DDP policy on concentration. Other Policies I'itfs proposal also appears to support Policies 7, 9, 10, and 14 of the DDP. Policy 7. Encourage a spatial pattern iT land use development which reduces the cost of public services and infrastructure. Policy 9. Protection of residential neighborhoods from the intrusion of incompatible land uses, traffic, noise and pollution. Policy 10. Improve the design, image and character of the city by preserving existing vegetation and natural topography and encouraging adequate landscaping In new developments. Policy 14. Promote distribution of land uses resulting In less traffic congestion. BEwCOMMENDATIQN The Planning and Zoning Commission recommends approval of this request (6-0 in favor), • subject to the following conditions; that the list of uses be as in Attachment 2, and that the maximum total square footage of all office buildings be 2,000 square feet. ALTERNATIVE 1, Consider other, less intense, zoning districts. 2. Consider other, more restrictive, conditions. • 3. Postpone consideration. • • "t• 0 0 • try M~► AMOMEN L Location map, 2. Condition, 3. Site map, I • P a+ • A~lr NORTH ~N4 t3j S- 2 ~Oledd4Mp IJL--JuL-_ 11 ElP AK94 F SITE r Cq SCENT ~I Cq SCE -J~~ L LIHpEk 8 i r LL LGL?-4yl w ❑ EP :W:w CL D~®DoEl W -D® ®DL_JD~DD tJ CONORE z C5C 1E Fn~l F L~.~ LL _ ® LOAKI~DU MA c D_DD w toaatios map i eta 6 , 5 Attachment 2 I,~j 66 L-95.014 Permitted Uses: Offlce, Professional and Administrative Off-Street Parking Incidental to the Main Use Off=Street Remote Parking i i w..e.....a....°°""~'"/r~.',-... , ♦ i.r..wrr+rW4WiWL':r ♦ tr~T..., ;i ~ . `a ~ti ~ r }rly y: riG ` r~ 1 i • w • PHOTOCOPY 9.1 mom ftd smow kw wafts rut uu .-r--+R- ar we ORs Ued Z q? F5 PW~ we glogI6 44N ItRf,f r nfr! tt I Ilfe'f rd• ~ , f 4" flm~a~ B L O C K 3 6 yy LOT 3 i ``FIX F::+ R sf R s ~ _ v11 ' x: ' . e..z-ee • 1l LINDEN ST. r,M f1 -W `rn RfY+YN M If#A MI r.RrrN R.y 11~ N N Yf If .fat. J 'L•M+. •M 'wVW i. A~!iN f11/I.l/ ~p '41Nr VAI[ MI•'• 1 SAA, w Irl/rx; f.l. 1M M "M 1, 'N1 W to r•/1 f4.W W 11 Y rW I~wRI • 11.^M rv. S rY Irfl'.ni/1 Y M .AIAI xt•/.. A fMr Z. AM. IYOf w k 'K.~X '.•/YR V• :Ilf'Yw K. ffsl .'r if rte, N f r. Ot'C: M w IW ..r fV11Yf~ fw W i , 'N W" 5 .n ti: rf.fl;lvl.Y. r N'. A(Rt.:b4 fR' 4w, IA Sri vM Ml i ni11 f~frh~'1. /i•1-v. wl. Kli . /f w ...i rt4n .rWI erN •rrf,1 .rl 1•R 4.\• ,I, R. fyl\•• I .l' 'n'r. 'fil`l, r. l~'i [ !Y [<1 Alw. Hi 1 .I MV':I. w(."e-N 1~ VI •11'11 ~A'1 "•IINI f1 Y•..'. •r •r'i.~'I. Mi .l 1..1 SI X•I. [.1 •1.. '.M. YAli. l1 n. rAftv LOT 3, BLOCK 36, EXTENSION OF y { DENTON HIGH SCHOOL ADDITION rN I 'ENAS -kL Y-1S--mod-' ~T"_-_ N<.w: • Y. : yllwr • r'&z Minutes June 14, 1995 Page 8 4HA 7sff ,6 Mr. Norton: I am ready to make a motion, I recommend that we rezone the petitioner's property from agricultural to light industrial and to exclude item six from the limitations. Ms: Schertz: I'll second. Ms. Russell; Any discussion? All in favor of the motion please raise your right hand. All opposed same sign. Approved. (6.0) I IV. Hold a public hearing and consider the rezoning of 0.48 acres from the Single Family 7 (SF-7) zoning district to the Office Conditioned (O[cD zoning district. The subject property is located on the northwest corner of Linden and Fulton Streets, adjacent to Denton High West. (Z-95.014) Ms. Russell opened the public hearing. Mr. Reeves; This is a request by the DISD. The subject property is Lots 3 and 4, Block 36. DISD proposes to rezone to them to office conditioned zoning district so that they can use an existing brick structure on Lot 3 as offices for their food service functio,t, Lot 4 is currently vacant and Lot 3 is not large enough to handle the required parking for the facility so Lot 4 will be where the parking will be located. In doing our normal analysis of this request it does meet the intensity requirement and is in fact one trip below the maximum intensity allowed on the property. The separation policy is not meet but the concentration policy is meet. Staff recommends approval of this request. I apologize, on attachment two, we only have one condition which was allowed and that was for offices, professional and administrative, but in fact we have to make a correction to that to include off street remote parking and off street parking incidental to the main ase. This will allow them to park on the separate lot. So in fact the permitted uses will be an office and parking. Ms. Russell: Would the petitioner care to speak? Anyone to speak in favor of the petition? Anyone to speak in opposition? Mr. Cooper: Is this the corner directly south of the main site that the high school is located on? Mr. Reeves: Yes, I believe the high school is located directly to the north. r Mr. Cooper: Is there anything on those lots right now? • • F&7, Minutes June 14, 1995 **Rol Page 9 fk11 '9S' 'Oeoj o6 Mr. Reeves: Lot 4 is vacant and there is a residence on Lot 3. 'Chat is the building that the school district wants to convert to offices. We did send out the required notices and we did not receiv,: any responses. Ms. Russell: I will close the public hearing. Mr. Cooper: I would like to make a motion that we approve the request for rezoning from SF-7 to office conditioned zoning with the condition that only office and parking be allowed to be built on those two lots. Dr. Huey: I'll second. Ms. Russell: Any discussion? Mr. Robbins: Just a clarification. One of the interesting aspects of this is that one of the conditions that the staff and the applicant has proposed is that they use the existing structure, In other words they could not build a new office. Can we take that as par of your motion? Mr. Cooper: Well let me ask this, what if they wanted to tear down the existing structure and build another office there? I don't see a problem with that, Somewhere in the future they may want to do that. I'll revise my motion? To request rezoning from SF-7 to office conditioned, on the condition that the existing structure be used for an office and Lot 4 for parking, Mr. Norton Do we want to make a limitation on the future if it is being used aS office? Do we want to limit that? What if they wanted to modernize their office and build on and we already have it zoned for office? We are saying that they cannot modernize their office? ti Mr. Cooper: I don't have any problem with that. I would like to give them as much flexibility there as we can. Mr. Norton: I would like to stay with your original motion. • Ms. Flemming: I would too, Dr. Huey: As the seconder I prefer the original motion. I would like some elaboration on the reasoning for the restriction. • 0 y • • P&Z Minutes l June 14, 1995 btP ~ZQ,_ Page 10 Mr. Michael Eubank; My name is Michael Eubank from Denton ISD. At this time we are planning on moving the food service offices into the house. We have no plans for tearing that facility down and building another office. You know how things tend to change and we might have to do that in the next ten years or so. If we could take that limitation off. Mr. Cooper: For an example, if the thing were to burn down. I wouldn't want them to be restricted to not be able to do anything with it because it had the condition that they use the existing structure. If the structure is no longer there then they would have to cone back to us. 1 guess my preference would be to have it zoned from single family to conditional office zoning to be allowed only for office and parking. Mr. Norton: I agree with that, Ms. Russell: I believe that is the motion as originally stated, Mr. Robbins: What that would mean is that there would be no limit on the size of any type of office on those lots. Our thoughts were, what are DiSD's needs? What would be the least obtrusive kind of thing to do in an area that is already a neighborhood even though it is right next to it. I guess that staff would express some concern for no limit 1 on office. Mr. Cooper; What 1 was thinking about I wasn't thinking about a future two story office or something like that. I was thinking of an office of the some type of character as what exists there now. Ms. Russell: Since there are certain parking requirements I don't understand your statement that there would be no limit because you have to have parking, street yards, • Mr. Norton: The Zoning Commission would get to see a plat and a new building plan so I don't understand you concern. Mr. Robbins; No sir you would not. There would not be a site plan presented to the commission. Technically the worse case scenario and I think there is some realism... someone could build a twenty story office with a parking garage on those lots. Mr, Cooper: When it says office condition does that mean we can apply some conditions? 9 • • q~ 2 +~OIAd/ PdtZ Minutes'-' June 14, 1995 2.j 16 Page i 1 Mr. Robbins: Yes, The condition that you have moved is that there would only be one or two office, administrative and professional, as opposed to all of the other uses allowed in the office district. Mr. Drake: I am just wondering if you can make the condition such that any structure to be constructed in the future would have to comply with the SF-7 standards? Mr. Robbins: There is a lot coverage standard that you might . , do you know how big the existing structure is? Mr, Reeves: For my intensity analysis f calculated the size of the structure as eighteen hundred and sixty square feet. Mr. Cooper: Could we limit it to two thousand square feet? Mr. Robbins: I think so, that certainly is what our intent was, to limit the amount of traffic and the physical, sort of visual potential intrusion, so it looks like a house, acts like a house, I certainly think that is appropriate. Mr. Cooper: I make a motion that zoning be approved from SF-7 zoning district to office conditioned zoning district which would allow only office and professional use with any structure on that property not to exceed two thousand square feet in size and of course appropriate parking to serve that structure. Dr. Huey: I'll second the amended motion. Ms. Russell: I believe this would be a substitute motion and we will vote on this one. All in favor of the substitute motion please raise your right hand, Opposed same sign. Approved. (6.0) • V. Bold a public hearing and consider the rezoning of 8.2721 acres from the Agricultural (A) zoning district to the Office (O(c)) zoning district. The subject property is located on the west side of Bonnie Brae, approximately 200 feet south and east of 1-35. (Z•95.011) Ms. Russell opened public hearing. Mr, Reeves; This is a rezoning for Liberty Christian School which is located on the ® r• • subject property. Currently they have a specific use permit which requires that every time they want to change their site plan, be it to move a portable building or add a • a4 • W 5-G Z ~ 295ON 1~ sit 13~~ ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.48 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF LINDEN AND FULTON STREETS) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton In,iependent School District has applied for a change in zoning foi 0.46 acres of land from the Single Family 7 (SF-7) zoning district classification and use designation to the Office Conditioned (O(c)) zoning district classification and use designation; and WHEREAS, on June 14, 1995, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS4 $EC SON I. That the zoning district classification and use designation of the 0.48 acres of land described as Lots 3 and 4, Block 36, Extension of Denton High School Addition is changed from the Single Family 7 (SF-7) zoning district classification and use designation to the Office Conditioned (O(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions; 11 Permitted uses are restricted to the uses described in Exhibit 1, attached hereto and incorporated by reference herein. 2. That the total floor area for all buildings shall not exceed 2,000 square feet, SECTIQJ II. That the City's official zoning map is amended to show the change in zoning district classification. S SECTION III. That any person violating any provision of this • ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct, offense. SECTION IV, That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed tcu cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper • w • 90" Wd 6c MIS / ~Oa 6 published in the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY J • U 0 • I w • +pt,o,Nc: 9 5-02 ~ , Prohibited Uses Z•9S-014 Community Unit Development Dormitory, Bu4irding or Rooming House Hotel or Motel Art Gallery or Museum C9iurch or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground, of Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Sewage Pumping Station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station • Water Reservoir, Water Pumping Station or Well Country Club (Private) with Golf Course Public Golf Course Public Park or Playground Public Playfield or Stadium Swim or Tennis Club ® Railroad Track or Right-of-Way • • Studio for Photographer, Musician, Artist or Health Animal Clinic or Hospital (No outside runs or pens) Farm or Ranch NJ I • a • rims -,6 Cemetery or Mausoleum Fraternity, Sorority, lodge or Civic Club Home for Care of Alcoholic, Narcotic or Psychiatric Patients Public Building, Shop, Yard of Local, State, or Federal Oovemment Radio and/or Television Microwave Tower Water Treatment Plant Airport Landing Field or Heliport Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant Scientific or Research LC „ ies • 5 ~ 1 4 • • { 4$ CITY HCOUNCIL c er as ~ G O ® •4r~N, t~QQQ co t/ .rr`r • a 0 AN~r. ApdafIM& IZ. 1---. /dd 9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICRS7 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT i 1757 ALL F. B. LEOPOLD $ 36,15U.00 1766 1,2 TEMPLE $ 42,050.00 1766 3 TECHLINE $ 1.91420.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, 0 • 0 . 1 ea • alApr s2 SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes thu expenditure of funds therefor in the amount and in accordance with the approved bids or purs:iant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CAS` LEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYr • APPROVED AS TO LEGAL FORM: HLRBERT L. PROUTY, CITY ATTORNEY BY: • • 0 A aw 6:~'~~s DATE: JUNE 200 1885 9 CITY COUNCIL REPORT TO: Mayor and Members of the City Council - FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1757-UNDERDRAIN SYSTEM FOR FILTER #2 AT 'WATER TREATMENT PLAN RECOMMk?4DATION: We recommend this bid be awarded to the only bidder, F. B. Leopold in the total amount of $36,150.00, SUMMARY: This bid Is for the purchase of an underdrain filter system for filter #2 which wniInstalled when the Water Plant was built and has been out of service due to structural damage. This filter, which Is one of sixteen, filters pre-treated water before being stored. The underdrain system is being upgraded to a more modern sy.cem while the #2 filter is under reconstruction. Only one bid was received in response to seven bid packages mailed. to vendors. BACKGROUND: Tab,,lation Sheet, Memorandum from Gerald Cosgrove, PROGRAMS DEPARTMENTS UR GROUPS AFFECTED: Water Treatment Divicion, Water Utilities apartment, Water Customers o the C ty of Denton. FISCAL IMPACT: Budgeted funds for Water Treatment Maintenance Account #820- 082-0480-8301. Respee lly sub~Nt d: to d Harre Approved: City Manager • ~-?,Mnial~, Name: Denise Harpoo Title: Senior Buyer 608.AOENDA Jr J 4 • w • ,BID NAME UNDENDRAIN SYSTEM i FOR FILTER #2 AT WATER LEOPOLD TREATMENT PLANT I OPEN DATE MAY 18, 1996 jQpAN1 i'y Y z;Filr;TrOU~ _ _VENDOR_ _ - _vgFTim- -A/E wR vEN WNDow SASE BID 1. L.S. 368.1 Z^ - OF FILTER $36,150.00 UNDFRrl%AIN SYSTEM ALTERNATE BID ITEMS 2. L.S. AIR SUPPLY DROP PIPE $2,199.00 j ASSY INCL 1-1/4` i I STAINLESS STEEL DROP PIPES, CLAMPS, KNEE BRACE, ANCHOR BOLTS, END CAPS AND NEOPRENE SLEEVES 3. L.S. 8' DIAMETER STAINLESS $3,099.00 STEEL AIR HEADER SUPPLY PIPING, 1-•1/4' ROP PIPE CONNECTIONS, KNEE BRACE, U-STRAPS, ANCHORS & FLANGE PLATE • DELIVERY 80 GAYS i • r~ • AaNKilMcr. We 5oa 9 CITY of DENTON MUNICIPAL UTILITIES/901-A Texna street/Denton,TX 75201 MEMORANDUM TO: Tom Shaw, Purchami.ng Agent FROM: Gerald P. Cosgrove, P.E, Engineering Administrator DATE: June 12, 1995 SUBJECT; HID NUMBER 1757 - UNDERDRAIN SYSTEM FOR FILTER NUMBER 2 AT WATER TREATMENT PLANT The Utilities Department has reviewed the sole bid of. F,B. Leopold Company (Leopold). Staff recommends award to Leopold for the base bid of $36,150, Do not award the two alternate bid items, The Utilities Department budgeted $50,000 for this project (see attached Sudget Summary sheet), The Water Production Staff will install th- system. Leopold will inspect and certify the i.natallation, as specified in the bid, • j l 4 ; , fin y ~,+i 1 "i • pad~No. g ~ ~ BUDGET SUMMARY (WATER PROD.-0460) Page 2 L 2 The chemical supply account has been reduced by $20,250 (4.684) 7 due to lower net pricing of chemicals received in recent bide and the grant funded conversion of the fluoride feed system which allows the use of a more economical chemical feed stock. Production Power funding has increased $47,536 (7,994) due to increases in the energy cost adjustment factor over the past year and a half plus an anticipated 24 increase in electric rates. Net projected KWH consumption for FY 94-95 has decreased by 0.544. Maintenance Account Funding has increased by $106,340 (69.394). The Water Tank Maintenance account to build a furu for painting the High School Tank has increased $100,000 from last year's $50,000 funding level. There is an additional $50,000 amount added to the Building and Equipment account to reconstruct Filter q2. Funding levels for services has increased by $146,320 (4.874). This includes a $390900 increase in the Lake Ray Roberts Debt Service Payment, a $101,500 increase in the Recreation Facilities Debt Service Payment and $12,000 to cover the Information Collection Rule monitoring requirements of the Disinfection/Disinfection By Product Rule Federal Regulations. Fixed Assets have increased $41,000 (215.84). This includes $30400 to fund the replacement of a 23 year old forklift and $10,000 to construct an equipment shed to protect the fork truck, a mower purchased in 1994 and a tractor purchased in 1988. The net increase to the FY 94.95 budget proposed is $371,863 (7.694). increases in personnel services due to salary increases, funding level increases for painting the High School Tank, and :econstruetincg F41ter M2, and increases to Debt Service Payments for Lake Ray Roberts and for. Recreation Facilities account for. $395,062 (92.33) of the total budget increases proposed. The net remaining increase to the bud et is $46,278 which represents a 0.964 net remaining increase Trom the FY 93.94 Budget. w i -r.-.....w-...w w...r~.,, r. r..r rwwaMWfIWW`5`.. WIM..._ a y • a+ D* "24- S DATE: JUNE 20, 1998 7r~ q CITY COUNCIL REPORT _v TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID $1708 - CAPACITORS RECOMMENDATION: We recommend this bid be awarded to the low bidder for each Item as followa: ITEM f!ITY DESCRIPTION VENDOR PRICE TOTAL 1. 10 EA 1200 KVAR BANKS TEMPLE $ 3,790 EA $37,900 2. 12 EA 200 KVAR CAPACITOR TEMPLE $ 340 EA $ 4,180 3, 2 EA 1200 KVAR PADMOUNT TECHLINE $ 91710 EA $19,420 For a total expenditure of $610472, 00. SUMMARY: This bid is for the purchase of eapaeitora, eapaoitor banks and pa-mount capaoiOrs. Capacitors are used throughout the Electrical Distribution System In maintaining the power factor to assure uniform voltage. This purchase will be for upcomiag projoot needs, Four bid proposals were recoived In response to ten bid packages mailed to vendors. BACKGROUND: 'tabulation Sheet, Memorandum from Fars Emadi dated 8.7-98, PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution DivTe on, Electr c Uti Stf- y Department, Electric t ty Customers of the City of Denton. FIt]CAL IMPACT: Budgeted Funds for Electric Distribution overhead/underground services ccountlf810-103-1031-3880-9220-CS38$OIA. Respectfully submitted: Lloyd Harrell City Manager Approved: e ~ Name: Denise arpuo Title: Senior Buyer 60640MA • as 0 • BID NAME CAPACITORS WESCO TEMPLE PRIEyTER TECHLINE rEN DATE JUNE 8, 1996 F- 'V~T60A - 4w_ - f. 10 EACH CAPACITORS & RACKS 43,822.00 $3,790.00 $4,123.00 NO BID f COMPLETE, 1200 KVAR 2 12 EACH I CAPACITORS, 200 KVAR $429.00 $348.00 I X389.00 NO BID 3. ; 2 EACH PADMOUNTED CAPACITOR $14,460.00 $12,048.00 $14,610.00 $9,710,00 ' BANK, 1200 KVAR ~ i MANUFACTURER ABB QE COOPER HALLBETTER DELIVERY 12-14 WKS 12-14 WKS 170 DAYS 98 DAYS IfA 'NO FUESING ON 1 OR 1A $3,028.00 CUMMINS • f WATSON POLEUNE 1 I • • r q4 9~ 9 CP1YOFDENTONMUNICIPAL UTILITIES 901•Arwssrwr DENTON.TEXAS76201 To: Denise Harpool, Purchasing Senior Buyer X. From: Fars Emadi, Engineering Teach U Date: June 7, 1995 Subject; BID 111766 The Electric Utility staff recommend& the approval of bid 91766 for the purchase of capacitors to following companies; • I, Award line one for the purchase often 1200 KVAR capacitor banks, and line two for the purchase of twelve 200KVAR units to Temple, They submitted the lowest bid which met our specification • 2. Award line three for the purchase of two 1200 KVAR padmounted capacitor banks to Techline. They submitted the lowest bid which met our specification. Purposes for purchasing these capacitors are to updaee our stock levels, and maintain a power factor of .9R or better. The funding for those capacitors is included in the 94.95 BUDGET YEAR. • CC: Jim Harder, Director of Electric Uililies Ralph Klinke, Superintendent of Fleclric Distribution arsaNdirc6 • • • "Dedkafed to Qualify Service" 0 0 0 p CITE r COUNCIL t c Y ♦ O s e h 10 ~ t' oo~p • O C • e w i AoandaNo- 1llte.~ U k ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance witii the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTOH HEREBY ORDAINSi SECTION I. That the following competitive bids for the construction of public works or improvements, as described In the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bidsi BID NUMBER CONTRACTOR AMOUNT 1758 JAGOE PUBLIC $601,935.00 1765 ANCHOR POST PRODUCTS OF TEXAS $ 83,000.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public • works or improvements herein accepted and approved, until such person shall comply with all requirements apecified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. ® SECTION III. That the City Manager is hereby authorized to r • • execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. • O • A P Ai ~Jh J 7r~ S "o V k7 SECTION IV. That upon acceptance and approval of the above Competit v~I bide and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immed ate el- upon Its passage and approval, PASSED AND APPROVED this the day of _ ,1995, 808 CASTLES RR , MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt HERBEInT L. PROUTY, CITY ATTORNEY BYt • ..............._..+..-gyp«,. . ~...o...r ,,,-~:r s-+s 1 f i • ~a • Z^.ie. DATE: JUNE 201 1988 $oB~'"j CITY COUNCIL REPORT TO: Mayor and Members of the Clty Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1768 - LONGRIDGE DRAINAGE AND WATER EMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to the low bidder, Jagoe Public, n the tote amount of $601,936.00. SUNRY: This bid is for all materials and labor necessary in the construction of ;ail waterline and drainage improvements on Longridge Drive and a 6" waterline on Woodbrook Drive. Six bid proposals were received in response to 97 notice to bidders mallod to vendors. BACKGROUND: Tabulation Sheet, Memorandum from David Solomon dated 6-30.96. PROGRAMS DEPARTMENTS OR GROUP AFFECTED: Engineering Division, V eteriewer el Serv ces an C t zens n ! e areas, FISCCT: Budgeted funds for Drainage & Water Improvement Account -0461 00F8660 and 448.020-DRAN-9204.9108. RespectP y submi di ~ 0~7 ..urfe Approvod: City Manager 1 v~nia~ Name: ben se llarp00, Title: Senior Buyer • MAGMA • I- ~ • r r BID NAME LONGRIDOE DRAINAGE DBS MID-STATE JAQOE CIRCLE O~ D10KERSON ATKINB j AND WATER IMRPOVEMENTS MEOHANIOAL UTILITIES PUBLIO OONST. OONST. EROS, OPEN DATE 6-95-98 _JAN 5: LONGRIDGE DRAINAGE $894,868.00 $486,408.00 46999,868.60 $680,717.60 21 LONQRIDQElWOODBROOK 6180,709,00 6198,647„10 6168,419.60 6107,848.00 WATERLINE I TOTAL $998,981,00 6911,821,80 4401,998.00 $780,879.00 $098,886.80 $648,481.60 BID BOND YES YES YES YES YES YES ADDENDUM YEB YES YES YES I 1 IIII - r • • 9b " s MY 01 DENTON, TEXAS MUNICIPAL 80LDJNO 215 E. McMNNEY DENTON, TEXAS 76201 (817) 566.6200 ~ DFW METRO 4342529 MEMORANDUM DATE: May 30, 1995 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Senior Civil Engineer SUBJECT: Longridge Drainage and Longridge/Woodbrook Waterlines Bide for the subject projects were opened on Tuesday, May 23rd. The low bidder was Jagoe Public at $601,935,00. Our engineers estimate was $644,636,00, We have checked the bids and all appear correct. Jagoe Public has completed many similar projects for the Cit.- with excellent results. We have recommended the water line bid to the Utility Department and they plan to forward it to the Public Utilities Board for their June 19th meeting, Please forward the entire bid to City Council with our positive recommendations for June 20th, According to John Atkins in the Utility Department, they anticipate P.U.B, approval of the water line bid on June 19th. David Salmon • AEE00549 " Pedlealed ro Qrudhy Svtvice" • w • ~utur~ 6 ell %2 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER BID OPENING NO. 1758 FOR CAPITAL IMPROVEMM PROJECT LONGRIDGE/WOODBROOK WATERLINE REPLACE82ENT. RECOMMENDATIONi The Utility Staff and the Engineering and Transportation Department (Exhibit I) recommend award of the contract to Jagoe Public Construction Company (Jagoe) of Denton for the amount of $136,527.00 for the construction of Longridge/Woodbrook Waterline Replacement (Exhibit It Location Map), SUMMARY I Bids were opened May 23, 1995, with a total participation of 6 bidders (Exhibit III), Jagoe is the lowest qualified bidder. Jagoe's bid is $136,527,00 for 1;125 feet of 6 inch and 1,863 feet of 8 inch waterline replacement and $465,408 for drainage improvements for a total bid of $601,935. Jagoe is low bidder on both the water and drainage improvements, The bid for the waterline is $53,473 tinder budget and $40,173 under the engineer's estimate. The bid does not include asphalt patching. The Engineering and Transportation Department will perform this service for $2,00 per square foot of patch. The area to be matched will be determined after the contractor has completed work, The estimate for patching is $24,000, BACKGROUNDi • Woodbrook Drive was included in the 1995 CIP Field Service Replace Waterline Program, At the beginning of the year, the Engineering and Transportation Department requested that we replace the Longridge waterline also, It has had many breaks. Also, the Engineering and Transportation Department was going to be constructing drainage improvements on the street. Due to the potential conflicts between the two projects, it was decided to bid both projects and award them to one contractor, • • • The Utility staff decided to postpone replacement of Prairie Street from Avenue E to Bonnio Brae so that we could replace the Longridge waterline. • 0 • • alultii AGZNCIES AFFEC7SD1 $ The Citizens of Denton, Denton Municipal Utilities, The City7of o Denton Engineering and Transportation Department and Jagoe Public Construction Company. FISCAL IMPACT: The budget for Woodr~.ook Dri~u and Prairie Street was $214,000. The estimated tot-"i coat of this project, including paving, is $160,527. This is $53,473 or 25& under budget. For the total Field Seivice Replace Program, we expect to and up approximately $6,100 under budget. See Exhibit V for a detail analysis of the entire program. Respectfully submitted, R. E. Nelson, Executive Director Department of Utilities Prepared by; Gera Cosgrove, P. S. Engineering Administrator Approved by; Howard Martin Director of Environmental Services • Exhibit I Letter of Recommendation Exhibit II Location Map Exhibit III Bid Summary Exhibft IV CIP Detail Sheet Exhibit V Fund Analysis Exhibit VI Project Considerations • Q s w • rasp: ~S -EJ~ MMIeIMR~~~ MY of DENrON, TEXAS MUNICIPAL BUILDING o 216E. MCXINNEY • DENTON, TEXAS 76201 (817) 666.8200 o DFW METRO 434.2529 MEMORANDUM DATEi may 30, 1995 T0, Jerry Cosgrove, Engineering Administrator FROM: David Salmon, Senior Civil Engineer SUBJECT: Longridge/Woodbrook Water Lines Bids for the subject water lines were opened on Tuesday, May 23rd. The low bidder was Jagoe Public at $1360527, Our engineers estimate was $176,716.00, We have checked the bids and all appear to be correct, Jagoe Public's unit priass are reasonable. Jagoe Public will use Don Vickery to inatall the line, Don has completed numerous utility installations for the City of Denton with excellent results. We recommend-that Jagoe Public be awarded the hid for Longridge and Woodbrook water lines. David sa mon • A&8005{9 "Dedicated to Quality Service" EXHIBIT I • ~ ~ _ i.'fi w ' k, J y ,1, t. r ,4 r f r y y S aj 0 ~ o 0 - LOCATION MAP e E / t O Q" Ej ~r7 iLl o ~sr y 1 , ~yl Oe1e 6~ 0912 j I~ cl V \ I,~ EXHIBIT o • 4Ff • NO~s LONGRIDGE DRAINAGE AND WATER IMPROVEMENTS LOW BIDDER (TOTAL PROJECT) WATIR DRAlf"A TOTAL 1. Jagoe Public Company $138,627.00 $466,406.00 $801,935.00 2. Circle C Construction $168,813.60 $633,959.60 $790,673.00 3. Dickerson Construction $167,848.00 $680,717.50 $828,385,60 4. Atktna Bros $194,688.30 $054,200.30 $849,088.60 5. Mid -StateUlllities $178,978.50 $732,643.00 $911,621.60 8. CBS Mechanical, Inc. $180,703.00 $834,858.00 $996,381.00 LOW BIDDER (WATER PORTION) WAT" DUMAN TOTAL 1. Jagoe Public Company $138,627.00 $406,408.00 $801,936.00 2. Circle C Construction $166,613.50 $833,959,80 $790,873.00 3. CBS McGhanlcal, Inc, $180,703.00 $834,668.00 $996,361.00 4. Dickerson Construction $167,648.00 $880,717.60 $828,388,60 5. Mid -State Utllitles $178,978,60 $732,643.00 $911,821.60 • e. Atkins Bros $104,888,30 5664,20010 $849,068,80 EXHIBIT III • • ~s • I ~ r ly`JO 1rNrIIALINil- nLjyg-mClVl rnVJC1rI $ yJ-U4bt-LV: PROJ TITLE: (RX1996) FIELD SERVICES REPLACE'NATER LINES oti. +~rrwp~ ESTIMATED COST: $417 1000) ~!1 Wei GROUP AOSIGNMENT: / DESCRIPTION: Wisteria-Willowwood N, to Dead End of 600 LF $ 66,000 Prake-kw E, to Bonnie Brae Be 1,000 LF i 134,000 Daniels-Ft. Worth Dr. to Dead End 6" 600 LF $ 47,000 Aare-Ft, Worth dr. to Dead End g' 600 LF $ 50,000 Prairie-End of New Line to Bernard e' 600 LF $ 60,000 W00dxo01k-Lorgrk4p to PennsywaNa of 1,000 LF $ g0 OW TOW 6,100 $ 4f7, PURPOSE Saw on "makmmwm em ern work work andand ~ f p of Mteprlty of water syst k►-fio COST CALCULATION: Estknated cost $ 417,000 FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES (in Doom k 100Th Flret Chr. Second Chr. Third C&. Fou d Qtr. ENC ®tP ENO EXP X40 11* sw a* 1996 106 toe 104 104 104 104 104 104 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 v,. ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC t3'T11ER TOTAL TOTAL ISTYR $0 $417 $0 $0 $417 $0 $417 $0 $0 $417 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0: 0 GRAND TOTAL So $417 $0 $0 $417 $0 $417 $0 $0 $417 ENCUMBERANCE DATES Enwmbersd as apart, PHASE DATE AMOUNT OI JECT 0 Design As spent $ 10 am Inspeod" Construction As spent $ 407 9114 Miscellaneous • ENCUMBERANCE TOTAL $417 • COMMENTS: i 3 3/23104 19:40 Pa EXHIBIT IV yf 1 • LONGRIDGE/WOODBROOK q WATERLINE REPLACEMENT Q~ FUND ANALYSIS WATER DISTRIBUTION (REVENUE) STATUS COST FUND SOURCE 95.0461.10 $417,000 TOTAL FUNDS 7, EXPENDITURES Longridge/Woodbrook Bid $136,527 Prior Expenditures Actual $190,380 Future Expenditures Estimate $84,000 TOTAL EXPENDITURES AMO NT OVER/(UNDER) i • NGRINBFN,VW4 EXHIBIT V a Np 9 PROJECT CONSIDERATIONS LONGRIDGE/WOODBROOK ~34g ~7 WATERLINE REPLACEMENT " This project is coordinated with the Longridge Drainage improvements allowing the city to improve both water and drainage utilities with one project, * The Street Department will be repaving Longridge Drive, Replacing the existing waterline and Installing new storm drainage will insure that the new pavement will not have to be excavated to perform maintenance, The existing waterline has been a continual maintenance problem making It more cost effective to replace the line than continuing to make spot repalrs, The project Is within budget. l EXHIBIT VI 1 • as • ~IAdllif0~. Z CITY COUNCIL REPORT ` 7 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1788 - NORTHLAKES SUBSTATION SECURITY WALL RECOMMENDATION: We recommend this bid be awarded to the only bidder, Anchor Post Products o exas, In the total amount of $83,000.00. SUMMARY: This bid Is for all materials and labor necessary in installation of an eight oot steel panel wall around the North Lakes Electric Substation. This steel panel system will have two gates (or personnel and vehicles and any panels may be easlly removed if major equipment replacement or repair is necessary. Twelve notice to bidders were mailed to prospective vendors, with only one response received. BACKGROUND: Tabulation Sheet, Memorandum from Dan Scott dated 8-8-98 - PUB Meet7ng backup'. PROGRAMS DEPARTARENTSORGROUPS AFBECTEDt Eleotria5ubstationsDiviaion, Unity Department, Electric Utility Customers o t e City of Denton. FISCAL IMPACT: Budgeted funds for Substation Beautifioatlon Account #810-132- 1032-3820-8217 project estimate $86,000.00. Respectfully submittedi Lloyd Harrell City Manager • Approved: Name Denise arpao+ S Title: Senior Buyer 605.A0611b~ • • • .w+.....w-... w...wur.,wr~.., • w.rr4r..+~Giiaiai.i ti_m'- jj tr ~ yc ♦ f II II I BID NAME NORTHLAKES SUBSTATION ANCHOR SECURITY WALL POST PPEN DATE JUNE 0, 1995 PRODUCTS f I _VENI}OA-._ --Vu 1. 1 EACH MATERAIL & LABOR TO $83,000.00 CONSTRUCT 8' WALL AROUND NORTHLAKES ELECTRIC SUBSTATION WORKDAYS TO COMPLETE 190 I PROJECT CONSTRUCTION TO BEGUN YES MID JULY WORK TO BE PERFORMED YES R BETWEEN 7AM AND 4PM MONDAY THRU FRIDAY BOND YES I ~ I~ f ~ ♦ ~ .}ki?r, r.7i,1$~`,i env ~~i • oA • . Ag1~Mp Z ~ 7 1D CITY OF DEN77ON M!lNICfPAt t17IL171E5 901 •A TEXAS STREET DENTON, TEExAB 76201 MEMORANDUM TOi Tom Shaw, Purchasing Agent THRUi Jim Harder, Director of Electric Ray D. Wells, Superintendent Fromi Danny Scott, Foreman of Substations Date: June 8, 1995 Subject: NORTHLAKES SUBSTATION SECURITY WALL BID M 1765 vmmmmmamvmravrmrmmmmmnmvvrvrmmnmmmmmammmmmmmmmrmmmmrmmvmasmmrrrvr After evaluating the bid for the security wall we recommend to award the bid to Anchor Post Products of Texas for the Security Wall at Northlakes Substation. The reason for recommendation of bid to Anchor Post Products of Texas for $83,000.00 is as followei 1) only received one bid, 2) under the estimated cost, and 3) meeting specifications. We feel this is a good bid for this project. Total estimated cost for CIP Project #95-1032-01 $85,000.00. - Respondents were as follows: Anchor Post Products of Texas $83,000.00 Cyclone Fence Company NO BID Hurricane Fence Company NO BID W.R.V. Design/Build NO BID U.S. Rentals NO BID TRIMARK Construction Group, Inc. NO BID • Roadway Engr, & Const. Ina. NO BID Ritz Safety Equipment, Inc. NO BID Paveway Concrete Products, Inc. NO BID • National Exchange NO BID • Darrell W. Land NO BID Ed Lahtiner NO BID DS:wp51/memo/bid#1765 "Dadlcaled W Qunllly Servka" . • a. • Y u ro ZZ. TYL T..r1995 PUBLIC UTILITIES BOARD AOENDA 17 o g t/ T0: CHAIRMAN AND XZKSERS OF THE PUBLIC UTILITIES HOARD FROMt R. E. Nelson, Executive Director of Utilities SUBJECTt NORTHLARBS SUBSTATION SECURITY WALL - HID #1765 RECOXMMATIONt The staff of the Electric Substations division recommends the award of Bid #1765 to Anchor Post Products of Texas in the amount of $83,000 SUMMARY/BACKGROUNDi At the bid proposal opening on June 6, 1995, only one out of twelve solicitors r6sponded with a bid. We feel this is a good price for this project. The total estimated cost for CIP Project #95-1032-01 is $85,000.00. The NorthLakes Substation is located at the intersection of Bonnie Brae and Riney Road, The area around this station is sparsely populated which permits easy access and makes it a prime target for vandalism. The control house at North Lakes Substation is a metal building which is secured by a chain-.link fence. This building has been subjected to gun fire on several occasions, which has caused damage to the protective equipment located within the building. The proposed wall will be a 25-gauge solid metal wall, The wall will shield the equipment inside the station yard from view, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Denton residents around the substation and the Electric Substations division. FISCAL IMPACTt This is a 1995 Capital Improvements Project with an estimated cost of $85,000, Respectfully submitted, • R,E, Nelson, Prepared by: Executive Director of Utilities • Daniel Scott, Coreman of Substations Approved by: Jim Harder, Director of Rlectric Utilities • b 4,, b p t .-Mol l H~ r CITY COUNCIL Hi H~ J rr wf. r p : o 4 to i i 0 yM~M, t~+ b O r I 4 4 b O • - w • • AgendaNd ApenJalleiq, ~ G T>~ie ~4 a. C) --17 - ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the c1ty, or it is necessary to protect the public health or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment) and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the r.emorandum attached hereto as Exhibit "A", incorporated herein by referenced NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Council hereby determines that there in a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approvedi PURCHASE • ORDER NUMBER VENDOR AMOUNT 55299 BOYD EXCAVATION $45,500.00 • SECTION II. That because of such emergency, the City Manager • • materials, a equipment, supplies hereby or yservices authorized described purchase the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. • • Do - 5 2 09 7 SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CAST'LEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY BY: • • • ,40 c DAQA , s CITY COUNCIL REPORT 47 / TO: Mayor and Members of the City Counail FROM: Lloyd V, Harrell, City Manager SUBJECT: FAERGENCY PURCHASE ORDER #65299 - BOYD EXCAVATION $45,500.00 RECOMMENDATION: We recommend this Emergency Purchase order to Boyd Excavation in the amount of $48,500.00 be approved. SUMMARY: The Emergency Purchase Order was issued. to Boyd Excavation to complete excavation of the 24" sanitary sewer line,which had collapsed causing sewer discharge into Hickory Creek near Highway 377. This excavation will include approximately 378 feet of damaged pips and installation of new manhole. Due to the possible threat to public safety this expenditure is exempt from the competitive bid requirements. BACKGROUND: Purchase Order #55299, Memorandum from Howard Martin. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water/Wastewater Field Services, Watr Utilities Department, Water Sewer t ty Customers, Citizens in the affected area. FISCAL IMPACT: Budgeted revenuc and CIP funds for Water/Wasto Water Account #625-082-0471-V522-9114. y sub Its : R4dH rrel CrApproved: Y. , Q,~ J~c3(ZI' Name: Denise Harpoon Title: Senior Buyer bbi.AaYNDA ._...~....r..... .Y'.ry.. MMY:~1~..~Y.r1 i- w.•- . 1 t • , S 1 t • cry 0 • N URCHASE ORDER NO: 55299 HI5 IS A xxx N -his number must appear on all CONFIRMING ORDER - N voi es, de pac shps. Cases, iIF MARKED) s. boxes, , packing slips and bills DO NOT DUPLICATE t ~ Bid No Cate: 06 12 95 Pape No. 01 AE CITY OF DENTON TEXAS PURCHASING DIVISION / 901-8 TEXAS STREET I DENTON, TEXAS 76201-4354 817/383-7100 DOW METRO 8171267°0042 FAX 817/383.7302 V~OYD F,XCAVATION N 3500 FT WORTH DRIVE DELIVERY CONFIRMATION ONI.Y C5 i ADDRESS ADDRESS lel EMOINEERINC; DENTON TX 76201 901-B TEXAS STREET DENTON, TEXAS 76201 HAMMY BOYD VENDOR NO. BOY57001 DELIVERY OUOTED 06 20 95 FOB DESTINATION BUYER TS TERMS ; lit TIT UNIT. aii Alfa I N 1 001 145.00 HR VENDOR CAT. # N / A MFG NAME 100.000 14,500.00 CITY # 96839 EXCAVATOR PLUS OPERATOR TO REMOVE CONCRETE RUBBLE I OVER SEWER LINE (HOURLY RATE) 1032 200.00 HR VENDOR CAT. # N / A MFO NAME 100.000 20,000.00 CITY # 96039 TRACK LOADER PLUS OPERATOR TO REMOVE CONCRETE RUBBLE OVER SEWER LINE (HOURLY RATE) I • 003 200.00 IIR VENDOR CAT. p N / A MFO NAME 55.000 11,000.00 CITY # 96839 DUMP TRUCKS PLUS OPERATOR TO REMOVE CONCRETE RUBBLE OVER SEWER LINE (HOURLY RATE) NO BID - EMERGENCY PURCHASE P GE TOTAL t 45,500.00 OR ND TOTAL t 45,500.00 0 X01 13 25 082 0471 V522 9114 45,500.00 • II VENDOR IIISTRUCTIONS. 3. Terms • Nei 30 IUn4n uAU na. nnb.ul I. Send ovi involce with dupd Cale COPY. 4. Shipping insbue6ons: f.0.6. Desonation prepaid Iuerr.l tlh.rwM1. q..lhjI 1. Bill to • Accounu payable 5. No federal or slate sales tax shall be Included 215 E McKinney $L in prices billed, Purchasing att on Denton, I% 76201+1209 PURCHASING .:...~.~.T. • r.. +w.w rwwi..Mriw. F . ~ r N i e ApAAWdOO ertlbiNo..-9-~~~-E•ZM?c~ Doe. °e'~`zo-qs 517 CITY of DFNTON, TEXAS MUNICIPAL BUILDING • 216 E Mc1(INNEY DENTON, TEXAS 76201 Mf?MORANDUM (817) 666.6200•DfWMETRO 434 -2629 MAYOR AND MEMBERS OF 'I'llE CITY COUNCIL FROM: Lloyd V. IWrell, Cily Manager I)A'11: June 20, 1995 SIIIWECT: CONSIDER EMERGENC%l PURCHASYS FOR THE HICKORY CREEK 24" SANITARY SEWER REPAIR SUMMARY; On May 24, 1995, a sanitary sewer was discovered running into Hickory Creek near Highway 377. It was discovered that a 24" sanitary sewer line, constructed in approximately 1980, had collapsed, causing. 200 gallons per minute of wastewater [o be discharged to Ilickory Creek. The estimated costs to repair the collapsed line is: • Excavation $56,000 Material Purchase 13,463 Bypass Pumping 6,537 $76,00(1 BACKGROUNI)i On May 24, 1995, sanitary sewer was discovered running into Hickory Creek near I lighway 370. The 150 to 200 gallon pcr minute discharge was due to the collapsing of the 24" sanitary sewer line. 'I'he discharge was discovered while investigating odor complaints in the area. 7'he 'T'exas Natural Resource Conservation Commission, IiPA Region 6 and the property owners were irnnnediatcly notified. Work began to implement • bypass pumping from the upstream manhole 883 feet to the downstream manhole. The bypass punnps must be watched 24 hours a day. The Wastewater Field Services Division has set up 12 hour shifts to accomplish [his task. Boyd Excavation was hired to look for the collapsed area on Friday, May 26, 1995, On Monday, May 29, 1995, it was discovered that only a small section of the clay tine pipe • had collapsed, but almost 378 feet of the pipe was damaged. A point repair could not be • made to correc[ the problem, 378 feet of the pipe will need to be replaced and a new manhole installed, "Vedirated io Quality Senvre" • p • No. AW&I we Once the site has been prepared, Jagoe Public will replace the existing line. The City will 6 pa supply materials. The estimated cost is $13,463 for materials mid $10,500 for the installation, installation of the replacement should begin on June 14, 1995, and be completed by June 23, 1995. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: t The Citizens of Denton, Denton Municipal Utilities, TNRCC, EPA Region 6, Boyd Excavation, Jagoe Public, BARCO, Rohan, and Plank. FISCAL IMPACT: The total estimated repair cost should be approximately $76,000. The money will be taken from current revenue. Part of the funding for the Egan, Congress and Panhandle C'IP project will be pushed into the next fiscal year to compensate for the extra expenditures. The sliding of this project enables the City to avoid using bond funds to finance the repair. (See Exhibit I for detailed expense report.) RESPE 'FULLY suBmirrEM Lloyd V, Harrell City Manager Prepared by: floward Martin, Director Environmental Operations Appro ved by: R, I',. Nelson, Executive Director Depnrtment of 1Jt1111les Exhibits: 1. Detailed Expense keport i, • m • r APWNR Hickory Creek 2411 Sewer Repair owe S Detailed Expense Report 747 BYPASS PUMPING Pump rental (Barco) $2,610.00 24" plug rental (Plank) $405.00 6" discharge hose (Barco) $3,428.96 Portable toilet rental (Texas Waste Management) $93.00 SUBTOTAL, $65536.96 MATERIALS Shoring box rental (Plank) $1,018.00 24" sanitary sewer pipe (Bohan) $8,268.00 3/4" rock 142 tons (7'XI) $1,397.00 chain (13acrac) $280.04 Y diameter manhole (Griff 1) $2,500.00 SUBTOTAL $13,463.04 EXCAVATION/CONSTRUCTION Boyd Excavation $45,500.00 Jagoe Public $10,500.00 SUBTOTAL $569000.00 TOTAL ESTIMATE $76,000.00 • j EXHIBIT I ;}..1 lYti~trThgt a F,i~Wy3fk~;'~5 yf1ti S 0 -s CITY COUNCIL M I J or n ; e ~4 a N 1 i 0 d ~ 0 0 " ' ~ Op~~ o • • i Apel~aNir 5 - c~~ Agendalt . t~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT; ANNUAL EXTERNAI, AUDIT CONTRACT RECOMMFNDATION• Staff recommends the approval and acceptance of the annual external audit contract for the year 1994-95 with Deloitte and Touche, BACKGRO ND; In 1992, Deloitte and Touche was selected through the proposal process to provide audit services. The proposal spanned a five-year terns from 1992 through 1996. The proposal allowtd for an annual review of the upcoming year's contract with the Audit Committee. The Audit Committee approved the continuation of services by Dcloitte and Touche for fiscal year 1994.95 on May 2, 1995. SUMMARY: The annual contract confirms and documents the election of the City of Denton to continue the audit services of Dcloitte and Touche for the 1994-95 fiscal year. PROGRAMS, DEPARTMFN'f~ OR RO IPL S AF T D: All departments that provide information for The external audit team will be affected. FISCAL. IMpACTb The current year contract amount with Deloitte and Touche is $33,700. This amount is within the parameters set forth by the 1992 proposal and includes a reduction of $8,300 for 250 hours of participation from the City of Denton Internal Auditor. Respectf submitted: v 1,1 yd V. Harrell City Manager • Prepared by: Susan 1:. Crotf i internal Auditor • Approycd; Katfiy-Dufislse Executive Director of Finance e a - m► 0 FS PQ AM Supplemental Inforin2tion SUMMARY OF CHANGES IN DELOITTE AND TOUCHE L.L.P. CONTRACT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1995 Base Audit Interne! Reduction Final Amount Audit Hrs For UA Hrs. Audit Cost 199b $42,000 250 ($8,300) T00 $33t- - - - - 1994 $40,000 150 ($4L000) s3B,200 - Difference $2,000 100 (53,600) (1,f5Q0) (1) Increase in overall audit amount reflects an increase in the Metroplex Consumer Price Index (CPI) and the increase in requirements for compliance with the Government Auditing Standards. (2) Increase in Internal Auditor hours and the cost reduction amount are due to participation in the Single Audit and other assigned audit work. (3) Overall reduction In cost associated with increase in Internal Audit participation. r s . O • • A: \DHLOI TTB. ORD Ap1Ad~ltent Otte- 30$ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE LLP FOR AN INDEPENDENT AUDITS AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute, on behalf of the City, an agreement between the City of Denton and Deloitte and Touche LLP for independent auditing services, a copy of which is attached hereto and incorporated by reference herein. SECTION IT, That the expenditure of funds in the amount of Thirty-three Thousand Seven Hundred Dollars ($33,700.00) is hereby authorized. SECTION IV. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: _ APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY 0 BY: ~i~t • • • e Awdall w0c CONTRACT FOR.AVVITINO.SSRVICAS This Agreement is entered into this day of 1995 by and between Deloitte & Touche LLP ("Auditor"), a registered limited liability partnership with an office located at Suite 2340, 801 Cherry Street, Fort Worth, Texas 76102-6801, and the City of Denton, Texas ("Client"), a home-rule municipal corporation with administrative offices at 215 East. McKinney, Denton, Texas 76201. r WHEREAS, Client desires tc engage Auditor to provide audit services as herein defined; and WHEREAS, Auditor is willing to provide such services; ~ r NOW, THEREFORE, in consideration of the promises and mutual undertakings herein, the parties agree as follows: A. SCOPE OF SERVICES Auditor will provide the following services: 1. Auditor will perform the annual audit of Client's general purpose financial statements. Such audit will be conducted in accordance with generally accepted auditing standards; Govern,nent Auditing Standards, issued by the Comptroller of the United States; the Single Audit Act of 1994; and OMB Circular A-128, Auditq of State and Local Governments. 2. Auditor will issue a management letter to Client reporting any material weaknesses in client's internal accounting controls discovered during the annual audits of Client's financial state- ments. 3. Auditor will perform the annual compliance audit of Client's federal financial assistance programs, Such audit will be conducted in accordance with generally aceepted auditing standards; Government Auditing Standards, issued by the Comptroller of the United States; OMB's Compliance Supplement for Single Audits Qt • State and Local Governmr,A ; OMB Circular A-128, Audits of State and Local Governmentg; and AICPA Statement on Auditing Standard No. 63, Compliance Auditing Applicable to 3overnmental Entities and Other Recipients of governmental Financial Assistance. 4. All services set forth in Auditor's letters of April 17, 1995 and April 31, 1995, copies of which are attached hereto as Exhibit "A". B. 9 BAM-N This Agreement is for audit services by Auditor, as specified herein, for the financial statements of Client, as specified here- in, for Client's fiscal year ending September 30, 1995. Auditor's financial and compliance audit work should be completed no later than ninety (90) days after Client's fiscal year end. Thin will allow the Comprehensive Annual Financial Report for each fiscal • c> No Z *n SL 5 cg ib/ Year to be iaubmitted to the Government Finance Officers Association preferably by December 15, 1995, but no later than January 15, 1996, subject to availability of Client's records, C. CLIENT RESPONSIBILITIES Client understands that the proper and timely completion of Auditor's services hereunder require the reasonable cooperation of Client (including, wir.hout limitation, its agencies, and their respective officers, lirectors, employees, other personnel and agents). Client agrees to provide all such reasonable cooperation requested by Auditor, including, without limitation, the following; - Access to, and/or copies of, Client's books and records; - Access to Client personnel; - Office space and access to support services such as copying and telephon - Written representations from Client's attorneys, both internal and external, the latter may bill rlient for such services; - Written representations from Client about the financial statements and other matters; and - Closing of Client's books and records of account in accordance with 13ws, regulations and professional standards applicable to the services provided hereunder. 1 Client understands and agrees with the provisions contained in the engagement letters attached as Exhibit "A" hereto. D. COMPENSATION Client shell pay Auditor for time charges and expenses incurred. Auditor's standard hourly rt,te vary according to the degree of responzibility involved and the experience level of the personnel assigned to Client's audit. Except as provided hereun- der, Auditor's fees for the performance of the services described in Section A for the fiscal year ending September 30, 1995 shall • not exceed Thirty-three Thousand Seven Hundred Dollars ($33,700.00), These fees are dependent upon Auditor receiving 150 hours of assistance from the Internal Auditor. Without assistance from the Internal Auditor, Auditor's fees will increase to a maximum of Forty-two Thousand Dollars ($42,000.00). Client and Auditor recognize that the scope of services and p compensation under this Agreement are predicated upon (i) current • O audit requirements imposed by laws, regulations and professional standards relating to such services; (ii) expectations of reason- able cooperation with Auditor by Client pursuant to this Agreement; and (iii) the absence of any irregularities or circumstances which might necessitate the extension of audit services beyond the normal scope of auditing services. PAGE 2 s 0 AQ~dtNo S-O 17 ore 6 ag/~5 Should (i) irregularities; (ii) the absence of such reasonable cooperation; (iii) increase in the level of services required under applicable laws, regulations or professional standards; or (iv) other unforeseen conditions be encountered which might necessitate the extension of auditing work beyond the scope of normal auditing procedures, Auditor agrees to advise Client promptly in writing of the circumstances and to request an equitable adjustment in the maximum fee before significant additional time is incurred by ; Auditor. Any such requests for adjustments shall be in writing and shall contain an explanation of why the adjustments are necessary. Client and Auditor agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should Client and Auditor be unable to agree upon an equitable adjustment within fourteen (14) days of Auditor's written request, or such other time period as agreed upon in eriting by Client and Auditor, either party may, notwithstanding any other provision in this Agreement, terminate this Agreement upon seven (7) days notice to the other party. Client shall be liable for time charges and expenses actually incurred by Auditor except for any such addition- al time and expense which has been incurred as a result of the circumstances necessitating the adjustment. E. METHOD OF PAYMENT Auditor shall submit periodic invoices for time charges and expenses incurred as the services, hereunder ar3 performed. Such invoices are payable upon presentation. Client will he in material breach of this Agreement if Client's account becomes ninety (90) days or more overdue. Auditor may, at its sole option and without waiver of any rights pursuant to the termination provision in this Agreement or otherwise, suspend its services and resume them upon receipt from Client of the full amount due Auditor. F. ADDITIONAL PROCWURES During the contractual period covered by this Agreement, client may request Auditor to provide services in addition to the services provided hereunder. Auditor may, at its option, agree to provide such additional services upon terms and conditions mutualiy agreed upon by Client and Auditor. G. RENE Client may request renewal. of this Agreement for two addition- al one-year periods as Client desires. Payment for Auditor's ser- vices for the two one-year periods shall include a Consumer Price index ("CPI") increase based upon the Dallas/Fort Worth metroplex increases existing during the years of the renewal options, and may include increases due to changes in accounting and auditing standards which create a need for an increase in the scope of ser- vices. if such changes have occurred, Auditor shall notify Client of the changes and the proposed fee adjustments. PAGr 3 • ra 0 +p1adlNo~ 4g~adal we 7~ ~a r H. INSURANCE Upon written request by Client, Auditor shall provide Client with a certificate evidencing that Auditor has the following insurance: (i) general liability; (ii) automobile liability; and (iii) worker's compensition. 1. TERMINATION Either party may terminate this Agreement at any time upon 30 days notice to the other party, Auditor shall be entitled to com- pensation for time charges and expenses for all services properly rendered pursuant to this Agreement prior to its termination pursuant to this Section, J. SUBCONTRACTING Neither this Agreement nor the audit services to be provided ' hereunder may be assigned or subcontracted without the written approval of Client. K. EMPLOYMENT PRACTICES Auditor agrees that in connection with the services provided hereunder, it will comply with applicable laws and regulations regarding equal opportunity and employment discrimination, L. OWNERSHIP OF WORKPAPERS AND PROPERTY All. workpapers of Atiditor shall remain in the property of Auditor. In addition, to the extent that Auditor utilizes any of its property (including, without limitation, any hardware or software of Auditor or any proprietary or confidential information or trade secrets of Auditor) in performing the services hereunder, such property shall remain the property of Auditor, and Client shall acquire no right or interest: in such property, M. RETEfITIOiy QE AND ACCESS TO RECORDS • For a period of three years aftar the date of Auditor's report on any audit completed hereunder, upon reasonable written notice to Auditor and Client, representatives of the cognizant audit agency (or its designee), the Texas state auditing agency and the United States General Accounting Office shall be entitled during Auditor's regular business hours during the said three year period to inspect and designate for copying Auditor's audit workpapers relating to p such completed audit. Copies will be made at Client's or reques- • • tor's expense by, or under the control of, Auditor, N. MISCELLANEOUS 1. Independent Contractor. Each of the partiga hereto is an independent contractor and neither party is, nor shall be consid- i PAGE 4 0 0 oa aQendeNo, ~ ageod~ltem . ered to be, an agent, distributor or representative of the other. Neither party shall act or rep.-esent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other, 2. Amendments. No amendment of this Agreement shall be valid unless in writing and signed by both parties. 3. Notice, Unless otherwise provided in this Agreement, any notice to the parties required or permitted hereunder will be deemed to have been duly given as of the date of receipt if in writing and delivered personally, mailed by certified mail, return receipt requested, c -sent by overnight delivery by the U.S. Postal Service or other independent carrier, to the following: Client: Auditor: City of Denton Deloitte & Touche LLP ATTN: City Manager ATTN: George Scott 215 E. McKinney 801 Cherry St., Suite 2340 Denton, TX 76201 Ft, Worth, TX 76102-6801 Either party may change its address for notice by giving the other party prior written notice of the new address in conformity wz:sr:h the foregoing provisions of this Section and the date upon which such now address will become effective, 4. =i" Agreement. This Agreement, including all Exhibits annexed r~reto and made a part hereof, constitutes the entire agreement between the parties hereto with respect to the subject matter here=of and supersedes all other oral or written representa- tions, understandings or agreements relating to the subject matter hereof, Neither party shall be bound by the provisions of any pre- printed or other written terms and conditions subsequent to the date of this Agreement relating to the subject matter hereof unless such additional terms and conditions are made effective pursuant to the Amendments subsection of this section, • 5. Force Maloure, Notwithstanding any other provision in this Agreement, Auditor shall not be liable or held responsible for any failure to perform or delays in performing its obligations under this Agreement, including but not limited to, the completion of the audit and issuance of its report thereon, which result from circumstances or causes beyond Auditor's reasonable control, including, without limitation, acts or omissions or the failure to cooperate pursuant to this Agreement by Client (including, without + limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), fire or casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority. PAGE 5 • ca • AmWAI arte_~,~~5 6 Authori~Y• Each party warrants that it is authorized to enter into this Agreement and that the individual executing this Agreement is authorized to enter into this Agreement. 7. Survival. This provisions of the following sections hereof shall survive the expiration or termination of this Agreement: D, I (last sentence), L, M, and N. 6. UgAdj=. The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions of this Agreement. 9, Severab ]1r.,, If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then such provision shall be null and void, but each other provision hereof not so affected shall be enforced to the full extent permitted by applicable law. l0. Governing sjv. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas. TN WITNESS WREREOD, Client and Auditor have caused this Agreement to be executed and delivered by their respective duly authorized representatives as of the date first set forth above. CITY OF DENTON BY: LT,nvD V RHARRELL, Cl-rV MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PgOUTY, CITY ATTORNF', BY: • DELOITTE & TOUCHE LLP , • BY: GEORGE SCOTT, 9, \M PDOCS NXW&T. K PARTNER PAGE 6 • • r Ap* EXHIBIT "A" i • jj 1 1 r r, c i e ,tn~i, 4 S h, i( ~ • d ~ t t ~\y,~1 .t }.+r.L(1,./~43aU~{l.yt?*`~,j., • w • p ~QII~dIMO "©~2. & TDwW LLP ab_ ~ r QS 1600 Telephon Texas :12141777-:000 CommerceTOwer ' 2200 Ross Avenue Dallas, Taxes 75201.6778 April 17 1995 Ms, Kathy DuBose Director of Accounting City of Denton 215 East McKinney Denton, Texas 76201 Dear Ms, DuBose: Vie are pleased to serve as independent certified public accountants for the City of Denton, 'texas (the "City") for the year ending September 30, 1995 Mr. George Scott will be partner in charge of all work we perform for you, We believe [hat frequent and timely communication throughout the year reduces the problems that are often associated with an annual audit. In addition, we have found that we can often assist clients on current problems as they arise, We hope you will call Mr. Scott whenever you feel that he can be of assistance. This letter sets forth ottr understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide, and the related fee arrangements. Scope of Services Audit Services We will audit the City's; General purpose financial statements as of and for the year ending September 30, 1994 Schedule of Federal Financial Assistance Compliance with laws and regulations related to federal financial assistance. • Our audi. will be conducted in accordance wilh the following standards: Generally accepted auditing standards Goverrrnreni Audiling,5'randurr/.s, 1994 Revision, issued by the Comptroller General of the United States O Office of Management and Budget Circisho-A-128, "Audils oJSlale and Local Governments", • • daledAprll 12, 1983, Daft%* waft Iwblflit NOW 0 0 4 as O Ms. Kathy Dubose ~pemlaN0.~ ; April l7, 1995 Page 2 - r file objective of an audit carried out in accordance with these standards and regulations is the expression of our opinion concerning whether the financial statements present fairly, in all(i)material respects, the financial position, results of operations, and cash flows of the organization in conformity with generally accepted accounting principles, (ii) whether the schedule of federal financial assistance is presented fairly in relation to the financial statements taken as a whole, (iii) the reporting on our } determination whether the internal control structure provides reasonable assurance of compliance with federal and other laws and regulations; and (iv) the expression of an opinion or whether the organization complied with specific terms and conditions of its major federal financial assistance programs. Our audit will include tests of the accounting records of the City and such other procedures as we consider necessary to enable us to render the following reports: Opinion on whether the City's general purpose financial statements are fairly presented, in all ; material respects, in conformity with generally accepted accounting principles Report on the internal control struclure related to our audit of The financial statements Report on compliance with laws and regulations with which noncompliance may be material to the financial statements Report on the schedule of federal financial assistance Report on the internal conlrol structure used in administering major federal financial assistance programs Opinion on compliance with the specific requirements related to major federal financial assistance programs identified in the schedule of federal financial assistance i Report on compliance with general requirements of federal programs Report on compliance with specific program requirements related to nonmajor federal financial assistance program transactions selected for testing, In addition, we will render a report on illegal acts and a report on findings and questioned costs, as required, depending on the results of our audit procedures. The management of the City is responsible for establishing and maintaining an internal control structure. To Ittlfill this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs for internal control structure to provide management with • reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accor6nce with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent I;:nitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected, Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadeauate because of changes in conditions, or that the effectiveness of the design and operation of policies and 0 O 0 procedures w%y deteriorate. As part of our audit, we will consider the City's internal control structure and assess control risk, as required by generally accepted auditing standards, for the purpose of establishing a basis for determining the nature, timing and extent of auditing procedures necessary for expressing our opinion s Ms, Kathy DuBoseRdANO. April 17, 1995 ag~l1fj81~t S~ Page 3 concerning the financial statements, and not to provide assurance on the internal control structure, The report on our understanding of the City's intemal control structure and the assessment of control ` risk made as part of the financial statement audit will include (1) the scope of our work in obtaining an understanding of the internal control structure; and in assessing the control risk; (2) the City's significant internal controls or control structure, including the controls established to ensure compliance with laws and regulations that have a material impact on the financial statements; and (3) the reportable conditions, including the identification of material weaknesses identified as a result of our work in understanding and assessing the control risk, if applicable, i An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements and the schedule of federal financial assistance; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the Financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities or illegal acts, including fraud or defalcations, may exist and not be detected by us. Management is also responsible for compliance with laws, regulations, contracts and grants, and for establishing and maintaining an internal control structure to assure such compliance with federal award requirements. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts and grants. However, our objective is not to provide an opinion on overall compliance with such provisions. As part of our audit of compliance with the general requirements of federal financial assistance and specific requirements of major programs, we will obtain an understanding of the City's internal control structure related to administering major federal financial assistance programs and we will assess control risk as required by OMB Circular.4•128 for the purpose of establishing the nature, timing and extent of auditing procedures necessary for expressing our opinion concerning compliance with laws and regulations related to major federal programs and for expressing positive assurance as to items tested and negative assurance as to items not tested for general compliance requirements. As required by OMB Circular.4-128, our audit will also include tests of transactions related to federal assistance programs for compliance with applicable laws and regulations. However, because of the concept of reasonable assurance and because we wit] not perform a detailed examination of all transactions, there is a risk that material errors, irregularities or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention, and will include such matters in the reports required for an audit In Accordance with OMB Circular A•128. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that arise during any later periods for which we have not been engaged as auditors and for which we have performed no auditing procedures. Similarly, in performing our audit we will he aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts O generally will be detected, and only reasonable assurance that illegal acts having a direct and material p effect on the determination of financial statements amounts will be detected. Our auditing procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected i ~ 0 ~ w • p•v Ms. Kathy DuBosc ~pMldoNo April 11, 1995 Apr4l dGa Page 4 Qo individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and Vicy may bill you for responding to this inquiry. Management's Responsibility It is our understanding that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of appropriate accounting principles, and the safeguarding of assets. We understand that your employees will type all cash or other confirmations that we request and will help locate any invoices selected by its for testing. Other Communications Arising from the Audit As required by Government Audi ing.Siandards, our report on our tests of compliance with applicable laws and regulations related to our audit of the financial statements will describe all Instances of noncompliance reportable under GovernmenrAudiling Standards. As required by OM13 Circular A-128, our report on compliance will contain our opinion on the City's compliance, in all material respects, with the laws and regulations that apply to its major federal financial assistance programs. With regard to transactions selected from nonmajor programs and with our procedures related to general requirements of federal awards, our report on compliance will contain a statement of positive and negative assurance, as discussed above. Because, in addition to our report on the financial statements, the scope of the engagement includes an audit in accordance with GovernmenrAudiringSlandards and the requirements of OMB Circular A-128, our reports on compliance with laws and regulations, including legal compliance and reports on your systems of internal control may be accompanied by observations (findings) on your compliance or on your systems of internal control and a schedule of questioned costs, if the results of our audit procedures require such observations or questioned costs, If any observations or findings are reported to you, you must provide a written corrective action plan under the requirements of the OMB Circular A-128. Our audit is not specifically designed and cannot be relied on to disclose all reportable conditions (that is, significant deficiencies in the design or operation of the internal control structme). However, during the audit, if we become aware of suclu reportable conditions that affect the financial internal • control systems o; of ways that we believe management practices can be improved, we will communicate them to you in a separate letter. At the conclusion of the audit, we will request the City's management to provide us a representation letter that, among other things, will confirm management's responsibility for the preparation of the financial statements in conformity with generally accepted accounting principtes, and availability of financial records and related data, the completeness and availability of all minutes of City Council 0 (and committee) meetings, the absence of irregularities involving management or those employees • who have significant reicr u, the control structure and, further, to confirm management's responsibility for compliance with laws and regulations, applicable to federal financial assistance programs. J - I • m e e Ms. Kathy DuBosc April 17, 1995 Page 5 . /K /6 We understand that our reports on the internal control structure as part of the financial statement audit and on compliance with laws and regulations am intended for the information of the audit committee, management and appropriate federal agencies. As required by Government Auditing Standards and OMB ClrcularA•128, we will maintain the working papers for a minimum of three years from the date of our reports. These working papers will be made available to representatives of the cognizant audit agency (or Its designee), other government audit staffs, and/or the United States General Accounting Office upon their request and after they have properly notified you of their request #o review the working papers. Fees Fees for our services are based on per diem rates, plus out-of-pocket expenses, ail of which will be billed as our work progresses. Our professional fee for the audit of the general purpose financial statements for the fiscal year ending September 30, 1995, will be $37,000 which reflects the annual inflation adjustment. Should an Increase In the scope of our services be required, we would provide you with a change in our fee prior to commencing the work. These fees are dependent upon our receiving 150 hours of assistance from the Internal Auditor. Without assistance from the Internal Auditor, our fee will Increase to $42,000. During the course of our engagement, we may observe opportunities for economy in or improved controls over your operations, We will bring such matters to the attention of the appropriate level of management In writing. We appreciate the opportunity to be of service to the City, and we believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, piaae sign the enclosed copy and return it to us. Yours every tr~uly, - LLP i RESPONSF,: This letter correctly sets forth the understanding of the City of Denton, Texas, e Approved by Date • 08108 & DO Q Suite1600-l--- Telephone: -70r Commerce Tower 2200 Ross Avenue Dallas, Texas 76201 6770 May 31, 1995 Ms. Kathy Dubose Executive Director of Finance City of Denton 215 E. McKinney Denton, Texas 76201 Dear Ms. Dubose: As we discussed on May 10, Del oitte & Touche is willing to reduce the audit fee for the audit of the City of Denton for the year ended September 30, 1995, by $3,300 for an additional 100 hours of assistance from Susan Cro1f, the City's internal auditor, In order for the City to receive the discount for the internal audit assistance, all work assigned to the internal auditor must be completed through the review process required by Deloitte & Touche policy and professional standards. We appreciate the opportunity to be of service to the City, and we believe, this letter accurately summarizes the signilleani terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. 'Yours very truly, P • RFSPONSE: This letter correctly sets forth the un,lcrstanding of the City of Denton, Texas. Approved by_ • Datc_ DIIIk11T111Cb1 Tiilll" f'1't • I c~ D a. CITY COUNCII I d7<.v 'S n ~I or as " A M A 0 o a ~ • o J • r_ LVD J lag J CITY of DBNTONr TdXAS MUNICIPAL BUILDING s 215E MCKINNEYeDENTON, TEXAS 76201 (817) 666.8200 a DFW METRO 434.2629 MEMORANDUM DATE: June 16, 1996 TO: Honorable Mayor and Members of City Council FROM: Jon Fortune, Chlof Budget Officers SUBJECT: ORDINANCE APPROVING DELINQUENT TAX COLLECTION FIRM Attached please find a copy of an ordinance and contract to hire tho law firm of Blair, Goggan, Sampson & Meeks, Curtis Loveless and Mike Gregory, to collect the City's delinquent taxes. This contract has boon reviewed and approved by both the City's attorney and the Blair firm. Upon approval of this contract, the City will turn over delinquent 1994 taxes on July 1, 1996 for collection. If you have any questions, please adviee, JF:of Atlochmenl AFFOOEBB • IIi i i e "Dedicated to Quality Service" ..w....w........w.•.,r.......,a ~....._....,..wr..ta~tiwKfa~tlf0orr'o,w'vron. ! S i7 A , , !t dl A'. .~~'1 . ' j; i ; t , ♦ V S c, "i ~7~ ~t i!11 } ail , 1``~'y'~i ~ foie ` K. i • p • r • A:\TAX.O iv.yyo 9T -U a?, AMMEAsihm 00 Y Z-og II . ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute a processional services contract for the collection of delinquent taxes with Blair, Goggan, Sampson & Meeks, Curtis Loveless and Mike Gregory, a copy of which is attached hereto and incorporated with reference herein, SECTION 11. That the Mayor is authorized to expend funds for the above referenced professional services to the firm of Blair, Goggan, Sampson & Meeks, Curtis Loveless and Mike Gregory. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of , 1995, BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: _ • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: _ c~ ~c_ cwt -1~. ~'L • • • M1. 4^ 111..^ .''ll,I ry?R-iu-nry - - - - JUN 16 1 93 @91 S9 - - - - - - - - - - - - - - .5 L _ - r TABLE Or C=TSNTB footi2n !~•a I.' EMPLOYMENT OF FIRM 1 II. PROVISION OF INFORMATION 1 III. INVLHTIOATION AND ASSISTANCE 1 IV. PROCXDURXB FOR COLLECTION 2 V. REVIEW ANA AUTHORIZATION TO SUE 2 VI. LITIGATION RLSPONSIBILITIES 2 Vii. TAXPAYER SERVICES 3 VIII. PROGRESS REPORTS 3 IX. COMPENSATION 4 X. COLLECTION OF OTHER DELINQUENT ACCOUNTS 4 XI. CONFLICTS OF INTEREST 4 XII. U88 OF MUNICIPAL FACILITIES 5 XIII. TERM 8 XIV. ATTORNEY'S FUSS 6 XV. TAX WARRANTS S XVI. SETTLEMENTS G XVII. NOTICE S XVIII. COLLECTION REQUIREMENTS 6 XIX. VENUS 6 XX. ACCEPTANCE. OF EMPLOYMENT 7 XXI. DIRECTIVES 7 XXII. COVENANT NOT TO SUE 7 XXIII. AMSTGUITY 7 XXIV. ASSIL9NMENT 7 XXV, INDEMNITY AND INSURANCE 7 XXVI. EXHIBITS 8 XXVIi. TIME OF THE: FS9F.NCE 8 XXVIII. CAPTIONS b • J • • _q. .o2zv_ - - - - - JUN 16 '95 14~ia0 +q~ DAN - f~ "ic~(12 gmu= FOR COLu1iCTI0N OF DALINOCLN'P PROP*RTY 'r"zg THE STATE OF TEXAS 5 COUNTY OF DENTON S THIS CONTRACT is made and entered into by and between the City of Denton, 215 E. McKinney, Denton, Texas 76201 ("CITY"), acting heroin by and through its governing body, and Blair, Goggan, Sampson & Meeks, Curtis Loveless and Mike Gregory ("FIRM"), Is eMP.T,OYMBNT OF FIRM CITY ayreas to employ and does hereby employ FIRM to enforce by suit or otherwise the Collection of all delinquent taxes, pen- &Ityy and interest owing to CITY. Current year taxes which became delinquent within the period of side Contract shall become subject to the terms of the Contract upon the following conditions A. Taxes that become delinquent during the term of this Con- tract, that are not delinquent for any prior years, become subject to the terms of this Contract on July lot of the year in which they become delinquent. S. Taxes that become delinquent during the term of this Con- ;raCt on property that is delinquent for prior years shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. C. FIRM shall begin collecting current year personal property taxes on March lot of the year in which they become delinquent. CITY shall not owe FIRM a fee on the current year delinquent per- eonal property taxes collected between March let and June 30th Onleas attorney's fees are collected pursuant to Section 33.48 of the Texas Property Tax Code. • II. PROVISION Or INFol"TWX CITY agrooo to furnish all nsoaaeaty delinquent tax infrrms- tion to FIRM on all property within the bOUndaries o:° CITY. III, INVRITIWITION AND ABSISTANCZ FIRM agrees to conduct investigations as to the address of • each taxpayer and the location of the property wnern ouch informa- tion may be incorrect on the delinquent tax record, FIRM shall bring to the attention of the appropriate tax official of CITY any errors, double assessments, discrepancies, or inaccuracies in the information provided on the delinquent tax record detected by FIRM. 0 0 e Q O 10 n JtRJ 16 '95 10;01 ore b -ZD~-95 S c/d rf2 FIRM further agrt.ci to provide CITY with any advice or assistance in connection with updating the tax rolls. CITY shall make avail- able to FIRM information which CITY may have with regard to the name, identity, location of necessary parties and descriptions of property in connection with each delinquent tax account upon request by FIRM. IV. PROCEDURES FOR COLLECTION Upon initial receipt of the delinquent tax records by FIRM in comyliter readable form, FIRM agrees to initiate procedures for the collection of the full amount due from each taxpayer. Within a reasonable time frame but not more than sixty (60) days from FIRM's receipt of the delinquent tax records, FIRM hereby agrees to send, by first class mail, a demand letter to each and every delinquent taxpayer where the taxes have not bean deferred nor involved in a lawsuit against the appraisal district to determine value, requesting said taxpayer to remit the full amount due and owing to CITY. V. REVIEW AND AUTHORIZATION TO SUN Following transmittal of the demand letter as specified here- inabove, FIRM will commence procedures in anticipation of litiga- tion for aggressive pursuit of collection, CITY shall have absolute discretion over those accounts on which suit should be filed, The transmittal of the delinquent tax information to FIRM from CITY shall constitute authorization to file suit following the mailing of t'he demand letter. Upon written notice, CITY may at any time withdraw authorization to file suit, CITY may at any time withdraw authorization to foreclose and sell the property and said withdrawal shall be in writing. VI. LITIGATION RESPONSIBILITIES A. FIRM agrees to commence litigation, prosecute, and reduce to judgment all delinquent accounts including all pending lawsuits, Each suit filed shall seek: personal judgment against the individual taxpayer(a) for all taxes for which the taxpayer can be O held personally liable, penalty and interests foreclosure of any tax lien which may exist by operation of laws and any and all court costa incurred in prosecuting the lawsuit, and any collection fees or attorney's fees which the taxpayer ie obligated to pay, FIRM shall perform litigation responsibilities and protect CITY's legal remedies including appeals, preparation of any documents required, poet-judgment activities, and any other actions necessary in order O to collect the delinquent taxes. e e B, FIRM will assume the representation of CITY in all law- suits, including all pending lawsuits, involving the collection of delinquent taxes and enforcement of the tai: lien inoludin5ii, but not limited to bankruptcy litigation, claims and actions required to be filed with federal agencies such ae FDIC, FSLIC and RTC, intevven. PAOR 2 • w • D qS [7- t ions in suits filed on behalf of any other taxing unit's current suits, and any other suit or litigation which may inN- lve or relate to the collection of delinquent taxes, FIRM will inform CITY of any counterclaims or cross-actions filed against CITY. VII. TAXPAYRR IERVICia In addition to litigation, FIRM further agrees to provide tax- payer service without charge. As such, FIRM agrees (1) to provide CITY tax collector legal advice and written opinions regarding tax matters upon request; (2) to eseist CITY in its appeals of State Property Tax Board values? (3) to respond to taxpayer inquiries and co advise CITY, in writing, or, and make any recommendations con- corning installment payment agreements and settlement agreements proposed by the taxpayer, CXTY shall have final determination in accsatance of all installment payments or settlement agreements within parameters established by CITY. FIRM shall have discretion to enter into installment agreements subject to C.TTY's prerogative of final determination. In all demand letters and all aommuniea- tiona with taxpayers, FIRM shall inform and instruct the taxpayer to remit its payment to CITY. If remittance is received by FIRM, it must be transmittad in its entirety to CITY and received for processing by 11130 a,m, of the following business day, Checks made payable to FIRM shall be endorsed by FIRM to CITY, No check, cash or money order for payment of delinquent taxes shall be deposited in any FIRM account. VIII. PROOREMS RRPORTS FIRM agree,9 to make delinquent tax collection progress reports to CITY monthly and quarterly, in a format containing information as requested by CITY's Executive Director of Finance, Progress reports may include, wilc;iout limitations 1. First demand letters mailed! 2. Number and value of suite filed? 3. Number and value of suite dismissed a. due to collection, b. other - specify reason? • 4. Number and value of udgmenta entered? 5. Number and value of ankruptcies filed? s. Copies of judgments? 71 Copies of proof of claims filed in bankruptcy court? 9, Copies of Foreclosure Bale Deedsl and V Number and value of delinquent accounts not col- lected as a percentage of total delinquent accounts • provided by CITY for collection. G 1 J Within parameters established at the initiation-of the collection program, FIRM .shall advise CITY of any case in which FIRm,s investigation has revealed that the taxpayer cannot be found, the enforcement of the tax lien cannot be accomplished, or further PAGE 3 e w e _ _ _ _ 16~j Ib '95 10,02 V _ _ _ _ 41~ Pp6 AjM No~ o'Z AgWtft ?4 X12_ attempts at tax collection would be futile and FIRM'S recommenda- tion relative to the proper disposition of the case. In such a cause, the CITY shall advise FIRM as to the appropriate disposition of the account. IX. CONFUSATION A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees to pay FIRM fifteen percent (15%) of the total amount of all delinquent taxes, penalty and interest for the tax years covered by this contract. All compensation not forth above shall become the property of FIRM at the time payment of taxes, penalty and interest are received by CITY. The fifteen per- cent (154) collection fee will only be paid on taxes which remain delinquent after July 1 of the year on which they became delin- qqusnt, pursuant to the Property Tax Code 533,07, Said collection fee will only be paid to FIRM after it has been received by Cr':Y from taxpayer or from forced sales. FrFM shall not be entitled to the aforesaid fifteen percent (3,54) unless and until FIRM has taken some action in connection with recovering delinquent taxes. The transmittal of a .demand letter shall constitute sufficient action in order to entitled FIRM to the fee aforesaid, As compensation for the services rendered hereunder by FIRM for the collection of taxes which are not eligible for the additional penalty as authorized by Property Tax Code $33.07 and upon which suit has boon filed, the compensation shall be reasonable attorney's fees approved by the court and not exceeding fifteen percent (15t) of the total amount of taxes, penalties and interest due CITY, In no event shall FIRM be entitled to any fea unless and until CITY actually collects the delinquent taxes, penalty, interest, court coats or collection costs or attorney's frees from the taxpayer or from the proceeds of a forced sale or fc;reclosure. In no event shall FIRM be entitled to any fee unless said fee is collected by CITY during the term of this Contract or foe is collected by CITY on account (s) upon which FIRM is attorn,:y of record at the time of judgment. CITY shall paid said fees to FIRM by check monthly. No \ Interest mhall be accrued on any late payment. B. The rompeaieation hereinabove met forth and in paragraph XI below shall be the total compensation due from CITY to FIRM for oll uervices provided pursuant to this contract and in no event shall FIRM cook any additional compensation from CITY, C. FIRM understands and agrees that McCreary, Vebalka, Bragg and Allen, P.C. and Hayes, Coffey and Serry, P.C. ("PREVIOUS FIRM ) has an additional six months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy claims filed O prior to the termination date of the Contract between PREVIOUS FIRM e e and CITY, and PREVIOUS FIRM has the exclusive right to compensation of fees earned due to these suite during this-six month period. FIRM X831 a" be entitled to compensation hereinabove set forth in paragraphs A and a Of this section for accounts which PREVIOUS FIRM has a right to Compensation as set forth above in this paragraph, PA09 4 • • No -oZ2 i 5 If 2 g~~a X. COLLECTION OF OTRIR DSLINQUFXr ACCOUNTS FIRM shall undertake the collection of delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liera. The collection of these accounts shall be undertaken on the basis of attorney's fees assessed to and collected from the debtors. CITY agrees to pay FIRM, as eompeneation, all amounts received as attorney's fees on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens which are collected during the term of this Contract as a result of FIRM's collection efforts, XI. CONFLICTS Or INTEREST FIRM agrees not to represent any client who has an Adversary position with the City of Denton, engage in any conflict of inter- est to fully comply with the Texas Disciplinary Rules of Profes- sional Conduct (Subtitle 0 - Texas Government Code) for the duration of this Contract. XII, USE OF MUNYCIFAL FACILITY'S CITY agrees to allow FIRM to use a tax office computer terminal, and to provide a working area for use by FIRM employees, provided such use is reasonable and does not interfere with CITY's use of other computer terminals and work areas, CITY also agrees to provide FIRM with computer tapes and tax file aoeeso upon request by FIRM. FIRM agrees to pay CITY for use of the wo.'king area, its computer terminal, computer tapes, and tax file access, The payment by FIRM for the ablve stated support services shall be in the amount of Three Hundred Seventy-five Dollars ($375.00) each month, xxxl. TIRM This Contract shall have a term of two (21 years, beginning on July 1, 1993, and ending on June 30, 1997, Should CITY give writ- ien notice to FIRM of its desire to continue this Contract, We Contract shall continue in full force and effect from mouth to month at the option of CITY, unless either party delivers written • notice to the other party of its intent to terminate this Contract at least thirty (30) days prior to the date of the intended termi- nation. FIRM shall have an additional six months to reduce to judg- ment, and sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the termination date, and shall have the exclusive right to compensation of feet, oarnsd due to these suits durinq this six month period, CITY shall have the • right to sooner terminate this Contract by giving thirty (30) days' written notice of such intention, In case of such termination, • O J FIRM shall be entitled to receive and retain all compensation duo up to the date of said termination, I'pon termination, FIRM shall immediately deliver all files in their entirety to CITY at no cast to CITY. PAGE 5 e i~n.lr'95 11:48 0000 HL,hw - JUN 16 '93 10,04 41d roo -7[9 yddilz XIV, ATTOANXYOS PONS Subject to the game limitations get forth in paragraph X, in ban:cruptey, eminent domain and other judicial proceedings, FIRM will be entitled to only those attorneys fees awarded by the court and then only if collected by CITY. PIRM agrees to file and diligently pursue all claims on behalf of CITY in bankruptcy, eminent domain and other judicial or administrative proceedings whether federal or state in nature. XV. TAX WAARAMB Upon request and authorization of CITY, FIRM shall prepare and pursue the issuance of tax warrants. FIRM shall then coordinate the seizure of personal property pursuant to warrant and actually accompany the Tax Collector to the location of the personal property which is to be anizad to insure the necessary procedures have been followed. XVI. OXTTLSMENTB No settlements or compromises of taxes, penalty or interest shall be effected wNra prohibited by law and where authorized by law, only upon approval by CITY. If a taxpayer requuested waiver is upheld as provided by 633.011 of the Tax Code, pi]tM will bear the costs of suit if it failed to notify the taxpayer of the delinquen- cy prior to filing of the suit. XVii. NOTICE Any notice Sr other written instrument required or permitted to be delivere9 pursuant to the terms of this Contract shall be deemed to have been delivered, whether actually received or riot, when deposited in the United States mail, postage prepaid, registered or certified, return r<:ceipt requested, addressed to CITY or FIRM, as the Case may be, at the following addressesi o CITY FIRM City of Denton, Texas Blair, Goggsn, Sampson a Meeks j ATM City Manager 326 East y t.. 215 E. MoX nney P.O. Box 5'24nn gsnton, TX 76201 Denton, Texas 7626'2 e Either party may change its mailing address by sending notice e • of change of address to the other at the above address by certified mail, return receipt requested. XVIII. couuNCTloN RNQVXR s FIRM agrees to collect, between July 1, 1995 And June 30, 1996, not loss than sixty percent (60V) of the total dollar value of the base tax of the 1994 delinquency existing on July 1, 1996, • fl i ca • Juv 16 '95 i0.9a - 41d r M FIRM agrees to collect, between July 1, 1996 and Juhe 30, 1997, not leas than sixty percent (604) of the total dollar value of the base tax of the 1995 delinquency existing on July 1, 1996. If FIRM does not collect the above referenced amount each year, it shall provide CITY with legal services, programming and computer services, or data processing equipment with a value not Ions than Seven Thousand Five Hundred Dollars (87,500.00) or, at the option of CITY, FIRM shall pay CITY the sum of Seven Thousand Five Hundred Dollars ($7,500.00) on or before August 15 of the year it fails to collect the minimum amount specified herein. XIX. VWM The terms, obligations and requirements of this con(rect shall be construed in accordance with the laws of the State of Texas. The obligations and requirements of the parties hereto are performable in Denton County, Texas, Any litigation involving thin Contract shall be tried in a court of competent jurisdiction sitting in Denton County, Texas. ACCXPTAUCX Or XMPLOYXW In consideration of the terms, covenants and mutual agreements hereinabove stated, FIRM hereby accepts the employment of CITY and undertakes the performance of this contract as above stated, =1, DIRYCCIM All directives between FIRM and CITY shall be confirmed in writing. XX11. COMMIT NOT To OUR FIRM further agrees not to bring any cause of action against CITY relative to this contract, Should FIRM bring any cause of action against CITY, FIM agrees the liquidated dams es shall not ixceed $1,00 and the filing of such cause of action ahr:,ll be congiderod a material breach of this Contract. XXII1. AXOTOUITY • Any ambiguity within this Contract shall be liberally interpreted in favor of CITY, XZIV. ASSIOtiMSNT The rights and responsibilities of CITY under this Contract , ® may be assigned by the city Council to another governmental unit in • • Denton County without approval C;f FIRM. It is understood and agreed that this is a professional services ee-,,ltract ar,3 CITY is contracting for the unique services of FIRM, FIRM' s rights and responsibilities under this Contract may A2L be assigned by FIRM to another law firm or collection agency without written approval of MOB 7 • O C ~a JUIJ 16 195 10!195 IgdPIdS NO .L'S -fT~i~_ !/err 2 the assignment by the city Council, XXV, INDZKNXTY AND INYURANC>; l A. FIRM shall and dote hereby agree to indemnify and hold harmlrss the CITY, its officers and employees, from any and all damages, lore, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission cr negligent act of FIRM, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Contract, and FI;iM will, at its cost and expense, defend and protect the CITY against any and all ouch clairnn and demands. B. During the term of this contract, FIRM shall maintain in full force and effect a professional liability policy with an insurance company licensed to do business in the state of Texas in an amount not less than one million dollars ($1,000,000) in a form acceptable to CITY. Upon execution of this Contract, FIRM shall deliver a complete copy of that policy to the City Attorney's office for review, XXVI. MIDITS RFP #1759 attached hereto as Exhibit "A" and the Blair, GogganI eampeon & Meeks Curtis Loveless and Mike Gregory propoaal attached hereto as Exhibit "a" are incorporated herein as if set forth at length and made a part here,f. The provisions of Exhibit- "A" and Gxhi it "B" shall wet forth obligaticna an,,! duti+s of tho ~ FrRM to the extent that they do not conflict with other provisions dot forth in this Contract, which contractual provisions shall control. XXV11. TIKR OV THE lesZXCX Time is of the essence with respect to all matters covered by this Contra-.t, XXVIII. CAPTIONS A The oaptions appearing at the first of each numbered section are inserted and included solely for convenience and shall never be considered or given any effect in construing this agreement, This Contract is executed on behalf of CITY by the presiding offL:er its governing body who is authorized to execute this inst.cument by order heretofore passed and duly recorded in its minutes and by a partner of FIRM who, by execution of this Ccr,tract, represents and warrants that he or she has the authority to execute this document on behalf of FIRM. i WITNESS the signature of all parties hereto in triplicate originals this the day of 199b, Denton PAGE 8 • ca • i zo~ll Z County, Texas, CITY Or DL14TON, TLXA9 OH CASTUDIPAY, MAYOR ATTEST JMIFZR WALTZ", CITY SSCRMTARY 8Yi AppROVZD AS TO LEGAL FORMi HX"NAT L. PROUTY, CITY ATTORNEY ~ ~ rr tom- syl BLAIR, WWAN, BAMP80N A MSRKB ORY CURT=..- SY ra ry , nn GAN, BAMPSON 0 ONX6 326 East Maxinney 8t., Suit* a P.O. Box 1527 Denton, Texas 76202 • ' • i i ~ 1 orwrttWs, per PAO9 9 • • • m • EllfiBtMA84 %a4 D EXHIBIT A 4¢~vida No -491 2- i~ 3 dw ► U clry of DBNTON, rexAd PURCHASING DIVISION / k I.B TEXAS STREET / DENTON, TEXAS 76201 April 26, 1995 REF, RFSP M 1759 - DEL.NQUENT TAX COLLECTION SERVICE Dear ,The City of Denton, Texas will receive sealed proposals consisting of 3 copies until 2,00 P.M., May 16, 1995 for Delinquent Tax Collection Service. This request for proposal is not a bid and will not be opened publicly. The proposals will be received by the Purchasing Agent and no part of this request for proposal will be made public except as required by State Statute after award. The City of Benton Staff and City Council will review and evaluate the proposals. Selection will be made by this process as stated further in this request for proposal. All hutbrmRUen, clarifications, or changes in content or instructions of this request for proposal must be submitted in writing to the Purchasing Agent at 901-B Texas Street, Denton, Texas 76201, Phone Number (817) 383-7100. Additional proposal documents may be requested by mail or picked up at the City of Denton Purchasing Department, 901-B Texas Street, Denton, Texas 76201. We are soliciting a proposal from your firm because of your capabilities in delinquent tax collection. Proposals should be as brief as possible and Include the following; I 1. A statement of firm's experience in delinquent tax collection; Including years in the business, number of staff, office location, clients serviced (a list of clients with addresses; phone number and contact person should be provided). • 2. Resumes of key managerial staff to be assigned as the City's representatives. 3. Proposed scope of services to be offered based on the information attached. • 4. Suggested performance criteria for the City to utilize in evaluating the • • success of the contract and non-porformance guidelines if collections do not equal sixty (60%) percent of the delinquent tax base amount, 8171383.7100 DFW METRO 817.267.0042 FAX 817.382.4692 • d • s i Ap* No 9 AID - April 28, 1985 Page 2 1uag Proposals will be evaluated based upon the attached criteria and Interviews with selected firms. If your firm is interested in making a proposal to the City of Denton for these services, three (3) copies of the proposal, in sealed envelopes marked on the outside RFSP #1759 - Delinquent Tax Collection Service, should be submitted no later than May 18, 1995 at 2:00 P.M. to: City of Denton Purchasing Department 901-B Texas Street Denton, Texas 78201 Attention: Tom Shaw, Purchasing Agent We look forward to receiving a proposal from your firm for this very important service. i Sincerely, Tom D. Shaw, C.P.M. Purchasing Agent 7013. DOC Attachments • a 1 e • _ ra • THE LAW FIRM WILL Apefid- gS 2Z w 1. Receive the delinquent tax rolls. ~S ~ IG2. 2. Substitute as attorney of record on all existing suits and intervention, pay all court costs and filing fees. 3. Provide all research and paperwork necessary to provide taxpayers and Tax Collector with correct or corrected information to update the City files, including forwarding addresses as located. 4. Submit monthly reports of suits filed on accounts and duplicate letters sent to taxpayers. 5. Provide a quarterly report to staff that could be submitted to the City Council for review, Provide monthly reports on pending suits, judgments and foreclosures. 6. File suits on delinquent taxpayers that do not respond in accordance with the directions provided by the City of Denton, 7. Intervene in delinquent tax suits filed by Denton County and Denton Independent School District, if applicable, pursuant to Sec. 33.44, Property'Tax Code. 8. Firm shall be responsible for filing of delinquent tax claims in bankruptcy proceedings including claims and actions required to be filed with Federal agency's such as FDIC, FSLIC, and RTC; and consult with City of Denton attorney's on such matters. 9. File suits for collection of delinquent taxes pursuant to Secs. 33.41 and 33.42, Property Tax Code, or file cn judicial foreclosures. 10. Follow through on all suits erl,; provide reports to the City of Denton. a. Provide recommendations, for qualified individuals pursuant to Sec. 33.02, Property Tax Code, that an installment agreement be entered into between City and taxpayer. • 11. Provide legal support and research as needed. j a. Provide recommendations to not pursue a case if a case is weak or the likelihood of collections low or unlikely. i • b. Provide City of Denton's Assessor/Collector legal advice and written • • opinions upon request. 12. Only collect those groups or individual accounts which the City of Denton determines in its discretion are to be collected by firm, • 1S r • p • The Law Firm Will Ag"I Page 2 Aeftill $ Date:.`. 13. Provide all supplies and postage necessary to handle billing. 14. Obtain the ownership records of all property on which a suit is filed at firm's expense. 15. Provide total and complete delinquent tax collection, including court filing fees and all other costs, pursuant to Secs, 33.48 and 33.07, Property Tax Code, and indemnify and hold the City harmless in any suits or liability that may result from the delinquent tax collection, 16. Propose a method of assuring that the amount of delinquent taxos collected by the Law Firm will be at loose equivalent to the amount projected to be collected by in-house staff for the 1995-96 and 1996.97 fiscal year, 17. Propose a method of payment, 18. Be entitled to foes on amounts actually collected while contract is in effect, pursuant to Sec. 33.07 of Property Tax Code. 19. Provide information concerning minority involvement. Indicate the ethnic makeup and the sex of your staff, presuntly and projected, if not presently fully staffed. Also, indicate if you would consider sub-contracting parts of this contract to minority contractors and, if so, please describe. Also indicate your compliance with EEOC guidelines. 20. Coordinate the filing of all tax suits with the City Attorney and all tax collection efforts with the City of Denton Tax Department. 21. Provide for copies of all tax files to be turfed over to the City Attorney when 1ho Contract is terminated. 22. Make recommendations to Tax Department on accounts to be collected (i.e., mobile ~-omes, aircraft and business personal property) by summary seizure (Tax Warrants) and perform all legal work necessary to reduce those occounts to payment of taxes pursuant to Secs, 33.21, 33.22 and 33.23, Property Tax • Code. 23. Maintain collection rate of sixty (60%) percent of delinquent tax base, with penalty clause initiated on the collection agency if this Is not adhered to. 24, Provide concentrated effort toward the collection, within the statute of A limitalion period, of delinquent mobile home businnas personal property r accounts, AFFOOODO • 0 • c~ • THE MY_OF DENT WILL, ,fp*No S-O`Z2 1. Provide a roll of delinquent accounts to be collected, 176g z 2. Provide for updated information (i.e., adjustments, payments, errors, double assessments, or other discrepancies) on delinquent accounts to be forwarded to the law firm. 3. Be able to terminate contract with thirty (30) days' notice. 4. Pay the law firms fifteen f i 5%) percent of the amount of all delinquent taxes, pursuant to Sec. 33.07, Property Tax Code, penalty and interest actually collected and paid the collector of taxes during the term of this contract. The collector shall pay said funds monthly by check. 5. Notify the law firm of any taxpayer that has filed bankruptcy and the City has been notified of such. 6. The City will allow an additional six (6) months to reduce to judgment all suits filed prior to the last date of the contract, 7. Prepare and mail tax statements at feast thirty (30) days Ino more than sixty (60) daysl prior to delinquency date, giving notice to the delinquent taxpayers of the potential add-on cost of collectlon. 01TY-U-PENTON CRIU IA FOR SELECTING FIRM In order for all proposals to be reviewed in a consistent manner in your proposal, please reference the following criteria by its reference number, 1. An established law firm whose principal business Is the collection of delinquent taxes. i 2. Firm must have an established history of expertise in the delinquent tax collection field and provide a complete list of past and current Texas clients. O 3. Law firm has to shov, capability to staff an operations sufficient to process up to 25,000 delinqur+nt accounts annually. 4. Firm will have, or will establish, a Donton office by date delinquent accounts are turned over and will provide a 1-800 number, or other toll free service, to • main office if necessary. • • • a • w • 9-- po 2A-9S A PROPOSAL FOR THE COLLECTION' i c! l Z OF DELINQUENT AD VALOREM TAXES FOR THE I CITY OF DEN rON Submitted by BLAIR, GOGGAN, SAMPSON & MEEKS Attorneys at Law i 326-G East McKinney 2323 Bryan Street, Suite 1720 1 Denton, Texas 76201 Dallas, Texas 75201 (817) 383-4460 (214) 880-0089 (800) 441-0960 • and Curtis M. Loveless Mike Gregory • Attorney at Law Attorney at Law 218 North Elm 303 N. Carroll Blvd,, Ste 100 • • Denton, Texas 76201 Denton, Texas 76201 (817) 383-1618 (817) 387-1600 May 1995 0 a • BLAIR, 000I3AN, SAMPSDN & MEEKS ApORWNO 75"V4?- ATTORNEYS-AT-LAW A PART,ICP9111P INCLUD" PRDlLR91DNAL r.0PPORA110N9 . JPQG EAST MCRINNC}' 5'NCCI f O IIOr 16aI I Q llCN10N TC NAS T52U2S.?' / Iw11JBJ ea60 I AX [Wl) 34J, ?W9 May 16, 1995 The Honorable Bob Castleberry Mayor, City of Denton and Members of the Denton City Council 901-B Texas Street Denton, 'T'exas 76201 Dear Mayor Castleberry and Members of the City Council: Blair, Goggan, Sampson & Meeks (BGSM) is very pleased to submit our proposal to resume delinquent tax collection services for the City of Denton, Our previous representation of the City, logethcr with our continued representation of the Denton Independent School District, uniquely positions our law firm to commit substantial resources to the collection effort and resume our operation for the City in a manner to ensure maximum collections, We are fortunate to continue our affiliation with the fine Denton law firms of Curtis M. Loveless and Mike Gregory for submission of this proposal. 'T'hese firms will serve as BGSM's local counsel if we are engaged by the City. Mr. Loveless and Mr, Gregory have practiced law in Denton since 1969 and 1974, respectively, and both maintain their own law office in Denton. They assist 13GSM in monitoring anJ implementation of our program by serving as liaisons with the local bar, press, judicial and other courthouse officials. Both are active members of the community and their assistance in our collection effort significantly enhances our program. Cullection F.xnc 1~.9nfprAe City of Denton BGSM, along with local Denton attorneys Mike Gregory and Curtis Loveless, represented the City of Denton, from July 1986 through June 1993, During that time, we collected $5,446,106 in delinquent taxes, penalties, interest and attorney fees for the City, filed 1,324 lawsuits and mailed over 19,000 demand lenc.-. In spite of a current year "turnover" that decreased 43% over our last four years of representation, we were still able to consistently increase delinquent collection effectiveness. The City also recognized an increase In the current year lax levy 7 collection percentage from 95.86% in 1986, when we were first retained, to 97.95% in 1992- j 1993. In 1992, HGSM was successful in also being hired by the Denton 1SD, who had been previously ® represented by McCreary, Veselka, Bragg & Allen. During the first 12 months of our • • representation of Denton ISD, we achieved an 189 increase in collections, which resulted in an rCRI WC,rin AUShN 5,1[fIMAN OftC(11V41E 4rHnrt 01 l fAS UI.C SUrtE. A,A 215 L'T1Lf11LV n1.0 X25 P IRAV15 51. Sul, 41 100751ON(We 1151 ' r R!Irl 'PU J09 V/ >111 51 AV STIR. t(YA5 1010, 5„(PMAH TEXAS 15091 DRL[N OpADa ,A V+v .2c. rGRT WORIN ![.At >9ro2 ISYI AYryiIPI 19031093 4941 190]1 a5" 059 - - OUB [01,10"Ln599 rAM!51219,00]0 rA: 190]191180699 ,All f903145a, Bust eAA 1911; 971O60i wa • K additional $222,159 in revenue for the Denton ISD, We are proud of our success at both the Z"fiZ City of Denton and Denton ISD, however in July 1993 the City chose to change law firms to McCreary, Veselka, Bragg & Allen, and their newly formed joint venture with the local, noliticaliy active firm of Naves, Coffee & Berry. We want to emphasize to the City of Denton that we have always valued our relationship with the City of Denton and the opportunity to effectively represent the City. We greatly regret that in spite of our performance, the City chose to change law firms. At this time, we appreciate the opportunity to submit our proposal and would welcome the chance to once again represent the City of Denton. BGSM's established presence In the Denton community will immediately be nut to use for the benefit of our City of Denton collection program, We once again pledge to the City of Denton to provide the highest level of performance and conduct our program with the highest degree of professionalism, Collection[grfffW-tLcc Collection performance is the single most important issue when choosing a delinquent tax collection law firm. BGSN1 is the most successful delinquent tax collection law firm in North Texas. It is critical that the City of Denton hire the law firm that can collect the most delinquent revenue, and this proposal offers the strongest and most effective program available to the City. Beginning in 1986, when the City contracted with heard, Goggan, Blair & Willi, rn.s (HGBW) for delinquent tax collections, the revenue collected on behalf of the City consistently increased each year. In 1993, HGBW reorganized In North Texas and began operating locally under the name Blair, Goggan, Sampson & Meeks (BGSM). BGSM's ability to collect delinquent taxes more effectively than other law firms is well documented throughout North Texas. Included at the end of this letter are two charts that compare our delinquent tax collect€om for Denton ISD to that of the Cty's current taw firm for the period 1993-1994 and for the most recent nine mouths of 1994.1995. Using verifiable statistical performance data, BGSM can demonstrate that If we had collected the City of Denton at the same level that we are achieving for the Denton ISD, the City would have recognized an additional $62,172 over the last 2l months, which includes the last full collection cycle (July 1993 - June 1994) and most rece,m nine months of the current collection cycle (July 1994 - March 1995). BGSM's collection program has also proven to he effective for both Dallas and Tarrant Counties. We have successfully represented Dallas County since 1984 and have collected over $123 million in delinquent taxes during this time. Also, we have represented Tarrant County since 1982 and have collected over $84 million. For more than a decade, AGSM has successfully collected delinquent taxes for counties in North Texas. We are confident that we can Increase the level of collections for the City of Denton from that currently being recognized. ti 0 • • agenda Mo ~.9~ '~L? ~ . Proposal Overview and Collection Approach The enclosed proposal tells our story in detail. We have attempted to provide a proposal which fully, yet briefly, responds to the Information requests of the RFP and completely describes our delinquent tax collection services, Section I provides an Introduction to our law firms and performance charts which demonstrate BGSM's exceptional effectiveness for oul clients. Included in this section is a letter from the Denton ISD Tax Assessor which affirms the effectiveness of our program. Section II provides information about our Denton and North Texas (Dallas) Regional offices and includes resumes of the project team who will work with the City. Our comprehensive scope of services is included in Section U1. Section IV provides an overview of our state-of-the-art data processing capabilities. BGSM's affirmative action and equal opportunity programs are outlined Section V. In Section VI we offer performance criteria by which the City can effectively judge the success of a delinquent tax collection arrangement. To address the City's expectations of the law firm's activities, Section VII affirms BGSM's willingness to abide by the dudes listed In the RFP. The last section, Section VIII, provides a method of payment for our services. CoechWon Blair, Goggan, Sampson & Meeks, along with Curtis Loveless and Mike Gregory, are proud of our past record of collection performance for the City of Denton and our current efforts on behalf of Denton ISD. We once again offer the City an exceptionat collection program which, as evidenced in direct comparisons with the effortr of your current law firm, will increase the City's delinquent revenue collections. We would consider it a privilege to represent the City of Denton and look forward to discussing this proposal with you and addressing any questions you may have. If the City should revise its criteria at any time during the selection process, we would welcome the opportunity to negotiate any additional desired services or enhancements with the City. We appreciate your consideration of our proposal. Sincerely, DeMetris A. Sampson Partner cc; Torn Shaw, Purchasing Agent to ~ • • a~ ~gentlaNa,'q S o Att9iltl81t6t►~ 5 Delinquent Tax Collection Comp°~gi3~~n 1t2 BGSM vs. MVBA Collection Shortfall; $34J62 Denton ISD .>Due to Lower Performance by 126.39'.; McCreary, Veselka, Bragg & Allen - 12 5'Ir City of Denton 12W4 j 116,96% r INIV13A B Cr SNI • o Percent Collected of Current Year Turnover 7193 • 6194 inn rce; Kilt of Denson -Fa% Atlorno, Collecllon Report„ Denson ISP 'NIonlhh 'ho, (ollvolon Roporl" Y w q~-o wsnaKr u. ~ ~~z`, Ag6~tleltenr~,~~~m.• Delinquent Tax Collection Cornp~*r'-j0n&3s,7- BGSM vF, MVBA Nine Month Collection Shortfall; $27 410 Denton ISD Due to Lower Performance by 105.24%n McCreary, Veselka, Bragg & Alle JII City of I I ~ Denton IUOr/f 96.72% 1 95(r Ii I i I ? 1 Percent Collected of Current Year Turnover 7194 • 3195 tiimne: il} nl' Uewuu "'f-r> Atturm- ('01volrro Report" Itent(rlr 1511 Aloli hl) 'I'u% Collcellon Report" S FE i Er O • • r 0*N0. S Dde TABLE OF CONTENTS Highlights of the Proposal 1, Experience of the Firms (RFP Selection Criteria I,2) 1 Introduction to the law Firms 1 Collection Performance 2 Client References (RFP Selection Criterion 2) 6 H. Project Team and Offices (RFP Selection Criterion 4) 7 BGSM Denton Office 7 BGSM North Texas (Dallas) Regional Office 7 Project Team for the city of Denton 8 Ill. Approach to Providing Services (RFP Selection Criterion 3) 18 Workplan and Methodology 19 Customized Workplan 20 Taxpayer Notification Program 25 Address Research/Taxpayer Location Program 29 Taxpayer Assistance Program 33 Litigation Process 35 Reason to FUe a Lawsuit 36 Procedures Followed In Preparation and FUing of Lawsuits 37 Seizure of Delinquent Business Personal Property Accounts 39 Bankruptcy Collections 40 Federal Agency Collection 42 Public Service Information 43 Ancillary Legal Services 43 Management Information Reporting and Coordination 43 IV. Data Processing Capabilities (RFP Selection Criterion 3) 45 Data Proc"~ ing Approach 46 • Dellnquent Tax Collection Support Systems 46 Automated Case Tracking System 47 Automated Bankruptcy Tracking System 47 Data Processing Hardware Resources 48 V, Equal Employment Opportunity and Affirmative Action 53 V1. Suggested Performance Criteria . . 55 • • Performance Commitment . . 56 0 0 • w • r VII. Division of Responsibilities , , , , , , , , , , , , , Do , , Responsibilities of the Law Firm . . . . . . 58 Responsibilities of the City of Denton , , , , , , , , , , , , , , , , , 59 VID. Attorneys Fees 61 Appendix A: Client Listing Appendix Bs Sample Letters i e 1~G?«3'~:~~i • A • ~endaNo. Ag~n4e ta`It~. Highlights of the Proposal • Blair, Goggan, Sampson & Meeks (BGSM) has achieved unparalleled success in the field of delinquent tax collection in Texas. Since 1992, BGSM has represented Denton ISD and has collected over $5 million for the School District. Additionally, during the first 12 months of our contract BGSM Increased revenues for Denton LSD by $222,159 over that achieved by the School District's previous law firm, McCreary, Veselka, Bragg & Allen. • Because of our current representation of Denton 1SD and our previous representation of the City of Denton, no other law firm is more familiar Kith Denton taxpayers and the community. BGSM's established presence in the Denton community, and the close working relationships we have developed with the City Tax Office and Courts, ensure the transition will be accomplished smoothly and quickly, with minimum disruption to the Tax Office. BGSM Is completely prepared to commit our substantial resources and expertise to Implement a successful collection program for the city or Denton. i • BGSM offices are strategically located in six (6) cities throughout North Texas, including Denton, Dallas, Sherman, Fort Worth, Greenville and Austin, Our Denton office, which is supported by our North Texas (Dallas) Regional office, will be assigned to represent the city of Denton, Gary Bennett will serve as our lead attorney responsible for representation of the City. • The Denton law firms of Curtis M. Loveless and Mike Gregory will assist BGSM in providing the City of Denton with the most effective tax collection services possible. As local counsel, these attorneys provide an increased level of local ex rose which will enhance our delinquent tax collection program for the City. • BGSM represents more than 50 taxing units in North Texas, including Denton ISD, Denton Road and Utility District N1 (RUD) and the Town of Bartonville, as well as both Dallas and Tarrant Counties, as well as many other taxing units in North Texas including the cities of Dallas, Carrollton, Arlington and Sherman. Because of our size, we have the depth of staff and computer resources to tailor our collection program specifically to meet the needs of the City of Denton. • • Our collection program comprises an innovative mix of diverse disciplines including computer science, telephone collections, property ownership and location research, traditional trial advocacy, post-judgment enforcement, bankruptcy representation, federal agency collection efforts and seizure activity. Our collection program is designed to serve as an extension of the cilent's tax office and, by virtue of our complete collection services, will be able to reduce the burden on the City staff. O • • • 0 • 'iQMtd1 NO ~ _ Agnt Ode, Our data processing capabilities are "second to none" in the field of delinquent Z 708112 property tax collection. Our management reporting, case tracking and document production and bankruptcy tracking systems all demonstrate the sophistication of our computer applications In the field of delinquent tax collection. We regularly provide information to our clients which assists them in their budgeting, forecasting and management of their governments, e We believe that to represent our clients effectively, we must be involved in the community. Examples of our law fimi's community involvement throughout the Denton area are participation in Chamber of Commerce acdvides, the BGSM/Honeywell Teacher Mini Grant program, the Denton Special Olympics, our adopt-a-school program, coatribatiortc to United Way and other community groups. • An Austin office k maintained by BGSM to keep abreast of the biteat legislative mailers, Attorney General opinions, and Interpretations of the Property Tax Division of the State Comptroller's Office and the decisions of the Supreme Court of Texas, Through this office we are available to provide legislative assistance to ail of our clients, • • • ~oende~k .9 ~ Date 20 =315 t8og kyz I. EXPERIENCE OF THE LAW FIRMS (RFP Selection Criteria 1,2) MURODUCTION TO THE LAW MS Blatr, Goggan Sampson & Meeks Blair, Goggan, Sampson & Meeks (BGSM) is a statewide law firm principally engaged in the collection of delinquent ad valorem taxes with extensive experience and credentials in collection services and collection software, BGSM is considered the leader in delinquent tax collections in North Texas by collecting more tax revenue, by far, than any other law firm, Our law firm originated the philosophy of designing tax collection programs that maximized revenue at the least cost and administrative burden to the client. By pioneering a h'.gh technology approach to the delinquent tax collection process, our law firm became the first to offer a state-of-the-art collection program that was aggressive, but fair, and met the individual needs of the client. Our collection program is comprised of an Innovative mix of diverse d1selpllues including telecommunications, mass and specialized mailings, address and ownership skip tracing research, traditional trial advocacy and post-judgment enforcement, We tailor our collection program to meet the individual needs of each client. To ensure fairness and equity, BGSM provides taxpayer assistance in each office and information for the taxpayer in both English and Spanish. BGSM's professional staff of 75 persons is comprised of attorneys, certified public accountants, system designers, analysts, computer programmers, managers, finance specialists, public relations specialists, paralegals, collectors, researchers, clerks and secretaries. In order to serve our clients, the BGSM staff is strategically located in six offices throughout North Texas, Our offices are located in: • Denton • Sherman • Dallas • Greenville • Fort Worth • Austin Curtis M. Loveless and Mike Gregory • Our associated attorneys, Curtis M. Loveless and Mike Gregory, are two fine Denton attorneys who will enhance our collection program and assist with our community efforts. They will monitor the project and act as liaisons with local officials. Both attorneys will be in a position to advise BGSM regarding local concerns. As local attorneys with established practices in Denton, both lawyers have effective working relations with judges, clerks, deputy sheriffs and constables in Denton County, who are necessarily involved in the collection process, These • attorneys bring an increased level of local legal experience which aids BGSM in enhancing Its - - rage 1 / r.r.W ~ ice.- ui/' . • t.~ • No. ApllW M X!., Dti. 2__~t 11 2 delinquent tax collection program for the City. They also assist in litigation matters, In r addition, Mr. Loveless and Mr. Gregory act as liaison for taxpayers, when necessary, COLLECTION MR F[►p Rl e NU BOSM's ability to collect delinquent taxes has b ,,n demonstrated in the City of Denton, Denton ISD and numerous other clients in North Texas, The following charts compare our effectiveness to that of the City's current firm, McCreary, Veselka, Bragg & Allen (MVBA), The uno!-niable conclusion to be drawn from these comt!a=ns confirms the superior collection performance of BOSM, -Collectloa Ffrectlveaess: B CiN na flMBAA Chart 1 & 2 Delinquent Tax Collection Comparison and Table 1 & 2: B GSM's ability to collect delinquent taxes for our clients in Denton is proven to be more effective. effectivenessnofdei delinquent tax collections y BOSM thothat op MVBA r for thtables compare the e City of Denton for the last full collection cycle (July 1993 - June 1994) and the most recent nine months of the current collection cycle (July 1994 - March 1995), Effectiveness is determined by dividing the total delinquent collections achieved by each law firm by the current year base tax turned over to each law firm on July 1, As you can see, If the City of Denton bad been collected with the same effectiveness achieved by BGSM for the Denton LSD to 1993/1994, the City of Denton would have recognized an additional $34,762 in delinquent revenue. In the most recent nine months, BOSM continues to more effectively collect Denton ISD taxes, Comparing each law firm's respective percentages shows that the City would have recognized an additional $27,410 if collected at the same level as Denton ISD during the past nine months, July 1994 - March 1995, Over the preceding 21 months, the City of Denton has experienced a "Collection Shortfall" of $62,172 due to delinquent taxes not belug as • effectively collected as that achieved by BGSM for Denton ISD. - rage 2 _~...-..r -_rV~.. , r..wrr.rw.Y1YJ\iJYPI'IL Y'fi••~ v Delinquent Tax Collection Comrison a~.1z BG SM vs. MVBA Collection Shortfall; - $34 762 Denton ISD Due to Lower Performance by 126,39% McCreary, Veselka, Bragg & Allen 12 5~~i City of Denton I 120% f 116,96% i i i c MVBA BGSN1 • o Percent Collected of Current Year Turnover 1193. 6194 `nurce: it,l of Denton ".lwti Will 'Oe1 Col lectill n Report Denlnn ISD Muni ttl9 11% Oil lest hill Report" ,~l w agOnoaNo 95~0Z"z; AgbttoaII Delinquent Tax Collection ComPIri on 3 ~1r~ BGSM vs, MVBA Nine Month Collection Shortfall; - - $27 410 Denton ISD Due to Lower Performance by 105.24% McCreary, Veselka, Bragg & Alle 105%r 1 City of Denton 100% 96.72% 95r/c MVBA BCSM t ' o O r - 1) ercent Collected of Current Year Turnover 7/94 •3195 S,nirkr-r ('I(% of Oenlcoil Aflorner ('01JUL11Lw kepnrl" Oerilnn ISO "Umilhly "I'nt ('1011VOInu Neparl" t • c~ • 'Q Z A" % W Delinquent Tax Collection Com aris'e1l01 BGSM Performance for Denton ISD VS. WBA Performance for City of Denton Collected By: MVBA/BGSM BGSM Tax Year 1993/94: Current Year Turnover $368,753 $1,047,300 (Total B7sl !ax turned over to Atlorney 7/03) I - - - Collections $431,298 " $1,323,662 (Tolal13 isc Tax+ 1'&I colieclcd 7/A-619/94) Effectiveness - - -1f Ji =116 96.% -126.39% City of Denton Collection Shortfall: Additional Revenue if BGSM nad collected for City. 134,76_ Notes: ' 1993/94 Tax Year Collected by MVBA and BGSM. MV13A collections: $336,610 (78% of total collections) 13GSM collections; $ 94,688 (22% of total collections) • • • Collections do not include Pelerbilt payment. Data Solace, City of Denton 'Tax Attorney Collection Report" Denton ISD "Monthly Tax Collection Report" 0 0 • • daNc 95.4 Delinquent Tax Collection Compariqafi 6- ' w BGSM Performance for Denton ISD VS. MVBA Performance for City of Denton Collected By MVBA BGSM -1 - - - E. Tax Year 1994/95: Current Year Turnover l $321,757 $929,916 (iolalBase faxlurncd ova to Attorney 7/1194) I ' Collections $311,208 $9780647 (Total 13asc 1 ax + 1'&1 + (9 mo collections) (9 mo coliecllons) collected 7/i 94 :3/.33195) _j J1 Effectiveness ~I `96.72% __-_jJ 105.2496 Nine Month City of Denton Collection Shortfall: • Additional Revenue if BGSM had collected for City: 27 4ZQ i Dala Source: City of Denton 'Tax Attorney Collection Report" Denton ISD "Monthly Tex Collection Report" ♦ 1 • O .i:li 1 .l a • • Chart 3: BGSM Delinquent Collections for Denton ISD Our performance for Denton ISD is Particularly relevant to the City of Denton, The School District's delinquent tax roll is comprised of the majority of same delinquent accounts as the City's. This common base of delinquent taxpayers and accounts allows for a direct comparison of effectiveness between the collection program of City's current law firm (MVBA) and BaSM, Denton ISD retained BOSM to collect delinquent taxes in January 1992 after using McCreary, Veselka, Bragg do Allen for a number of years. During our first year, BGSM Increased delinquent collections IS% over WCreary'c last year of collecdonc. This ilnenaae resww In an additional $222,159 in revenue for the School Dbtrid. We have continued to effectively collect delinquent taxes on behalf of Denton ISD and would invite you to contact Kathy Arrington, Tax Assessor-Purchaser, at the Denton ISD to discuss any aspect of our PrOgr i • Page 3 • 1 \ J tl J 5t'i4, fir. N r V" i"~\ r 1 Cl ~1t~+,(faNa q s-O e,gftril?dllolt~, Denton ISD CoIIectTbn6-z0?:540'Z` Blair, Goggan, Sampson & Meeks Incre"Ises Collections 7.7*83% lin First Year After MVBA~ Blair, MeSaampson & .lfcks NfXreary, Veselka $1,468,290 1.5 Beck X Allen $1,246,131 f ~I 11 (1.5 ~ J i i ~ e o 1 -1291 2142.12192 Puring Coutracl s+ith McCreary, Veselka, Beck K Allen GE During Contract with Blair, Goggan, Sampson K Meeks • a • tw Charts 4-6t Recent Collection Comparisons with Competing Law Firms 3 1~ Z In addition to Denton ISD, we have found that clients which have switched to BGSM After retaining other law firms have consistently achieved significantly hither collection rates In the year following the change. Recognizing that the City of Denton is attempting to evaluate and quantify performance from various law firms, we are including the following information and charts for three }urisdicdons which have become BOSM clients within the past few years. These recant performance measures will graphically demonstrate the superior collection results achieved over each client's former law firm, In each case, after B(ISM was retained, collection performance draaaatically increase!. BGSM's inexaased collections is shown below: CLIENT BGSM (PERCENTAGE BGSSM DOLLAR FORMER LAW FIRM INCREASE INCREASE Lancaster ISD 15.2% $91,094 Perdue, Brandon, Fielder city of Arlington 11.3 % $210,579 Perdue, Brandon, Fielder Grdnd Prairie ISD 41.3% $260,233 Wright & Associates We would encourage you to contact any of these clients conceming our continued high performance on their behalf, and also about the superior level of support, both in personnel, litigation and technology, which they receive from out law firm, We are confident that if BGSM were retained, the City of Denton would once again experience these enhanced collections as demonstrated by other taxing entitles that have switched to BOSM, i • d , Page 4 f` StC S{~~rr1 r r ~r t ;E ~,'a tL A rr it tir Gr Aquaftltour-~2:? . Lancaster ISD Collections7ca z Blair, Goggan, Sampson & Meeks Increases Collections 15920% ,a Blair. Gng);an, Sampson in First Year of Contract _I R Meeks Aso $691,770 $600,676 `51111 'I 1 i $250 as - ® h 11) 92.9'93 M93-9;94 Prior to Confrarf irifh HGSNI First lcar (If' ('ulrlrarf +sifh BGSM M 4lanttaNil ~pentlAllrni ~~..tS,s~.7 City of Arlington Collections 39.s 3 g4f l z-- Btair, Goggan, Sampson & Meeks Increases Collect=ions 11.31%a in First Year After PBF Blair, Cul;l;nn, Sarnpsun X Aterk.c I'erduc, Brundun R $2,0721744 Fielder $2,100 f $1.862.16S i i 1 a it $600 c 100 • ~p r J 9!I burins; Conlracl with F'crduc, f3randon K Fieider I` burins! t'uniracl with 131.1F, `,;oWF;an, Sampson K Meeks 0 VengAN Grand Prairie ISD Coll ~~IFectlon ons3y~ ilz f a Nine Month Collection Comparison Collections Increase 4. ! ~ t)() Y N 4 1 ( $3629094 $883 094 K50% ~IlCft~~~~t, $75(, 17. ;3,(' $612,310 521 0 ~ $ UO , $sot) j s N $250 7192.6/91 ~ 7/93.6194 7 C+ `{iO - - /94-3/95 J / O 5 ® Prior to contnici with BGShI k During First Yettr of Conlract with BGSM During Second Year of CoWract with BGSA4 (NIne Months) Q 0 i 4pe~~fo. GS o*l* Charts 74: HWorkal Collection Performance BGSM has represented the largest taxing Jurisdictions in North Texas since the early 1980's, and has consistently exceeded our own high level of service and collections for Dallas and Tarrant Countks which are presented on the following charts, We are also extremely proud to report that these clients have recently renewed or extended their contracts with BOSM. We believe our superior level of support and performance on behalf of these clients has been confirmed by these renewals. I 1 Page S Ji'. )ti~ai (9v 1.1 tifi4 ~r4 r. At~~T~X lj IM Dallas County Comparison of Delinquent. Collections July 1984 to June 1994 Nfillir)tt5 't'otal Collections; $123,447,991 16 l a l 511.7 12171",1 511 ; 51? 8 14 51 I n ?,17 ~r 1206'~~,1 1711"0) , .51...7 1 1 s", (I) . 1 °bl 51 I I 195 12 I y9 f 10 " 113e„1 R ~n 'I I UU"„1 4 2 pi 4t Cp nC 1z V' FYI- 8~ ' 8(i- 7 37- 7.88 7"89- 7"90- 7r91- 7+92- 7/97. b8'7 n 88 689 6.911 (ir91 6'9? G'9? h19~1 Irn~ kA c ol1voioo+ prinr to in l1 }irrn ollertions is ith lass r19n (V l~ Y r ~ ~ Blair, Coggan, Sampson & Meeks Tarrant County Comparison of Delinquent Collections July 1982 tO JL111C 1991 Millions Total Collections; $36,528,199 ~d 09 1511° $3.99 $3.88 $3 '19 (499"i) 1 °(473"0~ ( 85 ',1 43.27 f3 28 $3.30 14119'S'o) (410%} (•112°o) Q 74 { 1.13%) `t p? II' $I.•)5 03 ~2.U0 ~ i'i2`;nl (^•14`!r,ll`~4~'"11?SU"4r) 52 ) ,SHno run i In0`E 1 Si A n 1 ril 7'8?7183 7184- 7185- 7186- 7187- 7188 7189 1190- 7191- 7192- 7193- h h'83 6!84 (1185 6186 0/87 6188 6189 6190 6191 6192 6193 6194 Z ..,ii 1I'l unl~ in.l IJ. larrdn( I uunll nn N ~ . 1 1 o ii 1rr for Io 1RA1111'111 ~ 1'1111ec 1111115 VV 1111 1aNN I1fr11 • • Nn 9.5-4'~2 DO_ _ 9s CLIENT 43og JJ Z _ RYF'EnFNrtcfi (REP Selection Criterion 2) BGSM prides itself on its long-term client relationshlps and its unique knowledge of the North Texas area, Our clients have found a successfuF, long lasting relationship with BOSM provides the highest quality and best perfonning tax collection program available. By focusing our service area on North Texas, we have developed extensive relationships with the court systems, federal agencies and government officials of North Texas which benefit all of our clients. The success and effectiveness of BGSM's delinquent tax collection program is best stated In the words of.ow clients. Since 1992, BOSM has ngareseated Dentoa ISD and improved the School District's level of collections over those of their prior firm, McCreary, Veselka, Bragg do Allen, Ms, Kathy Arrington, the School District's Tax Assessor-Purchaser, has worked with both law firms. Her letter of recommendation on the following page affirms the effectiveness of our delinquent tax collection program. As evidence of our superior collection program, we otter the change made by Denton ISD to use BGSM and Ms. Arrington's letter of recommendation. No better comparison of performance is avallable than a jurisdiction which has contracted with both law firms. As requested in the RFP, we have provided a list of all our current clients in Appendix A. Following our current client list is a list of former clients. We encourage you to contact Denton ISD or any of our other clients for verification of our excellent performance, • • ! • Page 6 x • • q ~/yy~'/4Iur■ r1IL Lp1V.._7L^N~:~ of H z May 11, 1995 TO WHOM IT MAY CONCERN; re: Letter of Recommendation This letter is to recommend the Law Firm of Blair, Goggan, Sampson & Meeks. This firm has represented the Denton Independent School District since 1992 in the collection of delinquent taxes. During this period, the overall turnover of delinquent taxes by the school to the firm has declined. However, even with the decline the firm has consistently maintained a high level of collection. Blair, Goggan, Sampson & Meeks has always treated our taxpayers in a fair and courteous manner. They are aggressive, and yet they have been effective in negotiating payment arrangement with hardship cases. In all respects, the firm, with its local office, has served us well and I can recommend their performance to other entities in need of collection services, The firm was recently the recipient of our Certificate of Appreciate for exemplary efforts in support of Denton Public Schools. Sincerely,) 4 Kathy Ar ington Tax Assessor/Purchaser Denton Independent School District 1 i IV~I_i 4 i~tai e e Agefad~i No ~ S 11. PROJECT TEAM AND OFFICES (RFP Selection Criterion 4) yS! Realizing the importance of accessibility to our clients and taxpayers, BGSM regularly establishes offices in our clients' jurisdictions, These offices provide personal service to our clients and taxpayers. BGSM's Denton office has served the Denton community for nine years, thus we have clearly met the City's criteria for establishing an office In Denton (RFP Selection Criterion 4). Our North Texas Regional Office, located in Dallas, provides legal, administrative and collection support to all of our offices, 105M Deacon Mgr `e Our law firm established an office in the City or Denton In 1986. The office is located at 326-G East McKinney Street (directly across from the Civic Center), and is accessible to taxpayers, City Hall, County Tax Offices and the Denton County Courthouse, BGSM's Denton office is managed by Ms. Debbie Patton, who oversees and conducts the day- to-daydelinquent tax collection program, interfaces with the Denton Independent School District, the Denton County Tax Office, the Courts, and Denton Central Appraisal District and deals directly with delinquent taxpayers. She is assisted by a litigation assista,t and a research assistant. Not only have our collection efforts created an increase in revenue for the Denton ISD, but our presence supports many other local businesses, vendors and suppliers. Since 1986, BGSM has had an extremely positive financial Impact on the Denton community. BGSM's expenditures in Denton include payments for such items as salaries, rent, office supplies and services, equipment purchases, leasing and maintenance contracts, telephone and utilities. In addition, we have made contributions to such charitable organizations as the United Way, the Denton Fire Department's fire safety and prevention program and United Care of Denton. Our law firm also supports the Denton Chamber of Commerce and the teachers of the Denton ISD through our contributions to the BGSM/Honeywell Teacher Mini Grant program. BGSM North Iggac (Dallas) RajQfi l Q(0jU Our North Texas (Dallas) Regional Office, established in 1983, has a fine reputation of maximizing delinquent tax collections for taxing units throughout North Texas, Its staff of 35 e tax professionals consists of attorneys, paralegals, litigation assistants, collectors, researchers, data specialists and administrative personnel, who provide in-depth support to our Denton office and thereby extends their managerial, collection, research and litigation capabilities. We maintain a toll-free telephone service (800/441-0960) to the Dallas office for the use of Denton residents (RFP Selection Criterion 4), p The collection efforts of our Denton office are further enhanced by the support of our statewide • O Page 7 • _ tta • management, data processing and lawsuit production staffs. Our data processing staff includes 446(6 it z over 40 programmers and technicians who perform mailing activities, produce lawsuits, conduct tax roll analysis, provide lawsuit tracking information and create reports and listings utilized by the Denton office in the collection of taxes. In total, over SO of the law firm's personnel will be associated with the City of Denton collection program. PROJECT TEAM FOR TIIE CITY OF DENTON Blair, Goggan, Sampson & Meeks (BGSM), Mike Gregory and Curtis M.14velem will work together to provide the best possible delinquent tax collection program for the City of Denton, Mr. Gary Bennett, of BGSM, will be assigned as the lead attorney to represent the City of Denton. The management team who will be responsible for the design and implementation of the Denton workpian is provided below: DeMetris Sampson Partner Steve Meeks Partner Nancy Primeaux Regional Manager Gary Bennett Lead Attorney Beth Weller Bankruptcy Attorney Peggy McCormick Data Manager Debbie Patton Denton Office Manager Mike Gregory Local Counsel Curtis M. Loveless Local Counsel Role of Local Counsel Mike Gregory and Curtis M. Loveless will serve as BGSM's local counsel for our contract with the City of Dento i. It is our law firm's practice to atfiiiate with local attorneys who bring a unique local perspective to the collection of delinquent taxes and provide a broad range of liaison and oversight functions. BGSM has joined with Mr. Gregory and Mr, Loveless to provide the highest quality collection services for the City of Denton. These attorneys bring an e increased level of local legal experience which will aid BGSM in enhancing our delinquent tax collection program for the City. They will assist BGSM in the monitoring and implementation of this program by serving as liaison with the local bar, press, judicial and other courthouse officials. In addition, as our local counsel, Mr. Gregory and Mr. Loveless will act as ombudsmen for taxpayers when necessary. Page 8 • O • • w ~"1Z Resumes of Key „ tvW1.111L4 y 7v$ !+'Z We have included for your review the resumes of all key managerial staff which will be assigned to our City of Denton collection efforts. Throughout the year, BOSM utilizes many part-time employees to assist with collections, research and special projects; however, all positions listed in this :colon are full-time in nature. In total, over 50 of our law firm's personnel will be associated with our City of Denton collection program In one capacity or another. BOSM's collection program is the combined effort of our Denton employees, North Texas (Dallas) Regional Office employees, our metroplex attorneys, bankruptcy and management team, computer professionals, administrators and the BOSM partners. Our data processing support is provided by our subsidiary company, Umked Governmental Services of America, Inc. (UCSA). Our law firm has pioneered the application of high technology in the field of delinquent tax collections and has invested millions of dol;ars to develop the latest and most successful computer and communication technology for the specialized purpose of collecting taxes. Key members of our staff of 40 computer professionals are also listed, together with their qualifications and biographical information. The resumes of these key individuals are included for your review in the following order: Local Counsel; Mr. Curtis M. Loveless and Mr, Mike Gregory BOSM Partners and Attorneys North Texas Management Team Denton Office Personnel North Texas Bankruptcy Division Data Processing Specialists i • - Page 9 • O n . t m • APO Y LOCAL COUNSEL Curtis M. Loveless, Denton Attorney, is a life-long resident of Denton and graduated from Denton High School in 1962. Mr. Loveless was admitted to the Bar in 1969 after receiving his B.B.A. from the University of North Texas and his J.D. from the University of Texas at Austin. He is admitted . practice before the U.S. District Court, Pastern District of Texas, and is Board Certified in Fan. ly Lew by the Texas Board of Legal Specialization. He is a member of the Denton County Lay Association, the North Texas Bar Association and the American Bar Association, He is also a member of the Family Law Council of the State Bar of Texas, the American Academy of Matrimonial Lawyers, and Is on the Board of Directors of the Texas Academy of Family Law Specialists. Mr. Loveless has served on the Texas Supreme Court Committee on Child Support Guidelines, the Manual Revision Committee of the Texas Family Law Practice Manual and the Planning Committee for M at the State Bar of Texas Continuing Legal Education ' Mir lLovelasnis also author of numerous articles and was recognized in the 1989-1990 edition of "Best Lawyers in Texas." Mike Gregory, Denton Attorney, is also a native of Denton. He g.. aduated from Denton High School in 1963 and was admitted to the Bar in 1970 after receiving his B.B.A. and J.D. from the University of Texas at Austin. After serving as Marine Corps, Mr. Gregory commenced his law practice lawyer and military judge a in the itt U.S. practice before the U.S. Supreme Court, the U.S b strict Couurt' Northern District of exas, the U,S, Court of Military Apps and is Board Certified in Family Law by the Texas Board of Legal Specialization. He is a member of the American Bar Association and a member and Pest-President of the Denton County Bar Association. Mr. Gregory is also a member of the State Bar of Texas, Past-Director of the North Texas Family Law Specialists Association and is Past-President of the Texas Academy of Family Law Speclalists. He is a past member of the Denton 1SD Board of Trustees, the Board of Directors of Big Brothers/Big Sisters of Denton County and the Board of Directors of SPAN. He has been involved In fund raising for the YMCA and the Boy Scouts of America and is presently serving as chairman of the Board of Tcustces of First United Methodist Church. A speaker and Continuing Legal Education instructor, Mr. Gregory is author of numerous articles and has received the American Jurisprudence Award. Mr. Gregory is a member of the Denton Chamber of Commerce. • Page 10 ..v J.rn.a.-er..Y~.Y~ia.... • Y.w.N.. M.4rl~l(~.fl•.1'w'WI"~- . - 1 . L' • e • l w • ov,Nc 9S' it~ alto - --lLnU BGSM PARTNERS AND ATTORNEYS Stephen S. Blair, Partner, was admitted to the Bar in 1967 after receiving his B.A. and J.D. from the University of Texas at Austin. Mr. Blair serves as the P `•firmative Action Officer of our law firm. He served as General Counsel and Affirmative Action Officer to the ft=s Education Foundation, Inc., where he gained substantial experience in administering multimillion dollar government contracts, Mr. Blair is a former Assistant District Attorney for Jefferson County. He is admitted to practice before the U.S. District Court, Northern District of Texas. Mr. Blair has lectured on ad valorem taxation for the State Bar and is a co-author of a Mat- thew-Bender text on ad valorem taxation. He has 14 years of experience in delinquent tax collection. Thomas S, Goggan, III, Partner, was admitted to the Bar in 1967 afar receiving his B.A. and J,D, from the University of Texas at Austin. He is active In the establishment of our law firm's litigation policies and represents our clients at the appellate level in complex tax cases. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, and has litigated complex tax cases, both jury and non-jury, in the district courts, the Court of Appeals, the Supreme Court of Texas and the Supreme Court of the United States. He is a member of the Civil Appellate Law Advisory Commission for the Texas Board of Legal Specialization and has also served on the State Bar's Committees for Continuing Legal Education, Administration for Justice and Administrative Law, Mr, Goggan is an author and lecturer for the State Bar of Texas Professional Development Programs, and has lectured on ad valorem taxes for the State Bar Advanced Real Estate Law Course. Mr. Goggan is a co-author of a Matthew-Bender text on ad valorem taxation. He is 11 member of the Phi Delta Phi legal fraternity. Mr. Goggan has more than 14 years of experience in delinquent tax collection, DeMetris Aqullla Sampson, Partner, is responsible for oversight of our law firm's tax litigation program in the Dallas area, She is in charge of partnership matters in the North Texas Regional Office and serves as the office's Affirmative Action Liaison Officer. Ms. Sampson was admitted to the Bar in 1980 after receiving her B.B.A. and her J.D. from the University of Texas at Austin. She also received her Master of Laws in Taxation from Southern Methodist University School of Law. Her experience includes serving as an Assistant City Attorney for the City of San Antonio, serving as Chief Counsel to the Texas House of Representatives Judicial Affairs Committee, serving as an Assistant District Attorney in Dallas County and being engaged in the private practice of law. She is admitted to practice before all courts of the State • of Texas, the U.S. Fifth Circuit Court of Appeals, the U.S. District Court, Northern District, and the U.S. Tax Court. Her professional involvement mcNdes and has included active participation in the Dallas Bar Association, Texas Bar Foundation Fellow, Inn of Court, and the Past-President of the J. I,. Turner Legal Association and the Dallas Association of Black Women Attorneys Ms. Sampson's community involvement is extensive and includes serving on the Fast Texas State University Board of Regents, the City of Dallas' Domestic Violence Task Force, ct the St, Luke "Community" United Methodist Church Board of Trustees and, until recently, the • 0 - Page L1 • O • I s • Apaldel" Dallas Area Rapid Transit Board. She has received many awards for her community service. ! She has been named as a 1990 Outstanding Young Texas Ex of the University of Texas. Ms. Sampson has eight years experience in delinquent tax collection. Stephen T. Meeks, Partner, was admitted to the Bar in 1975 after receiving his B.B,A, and J.D. from Baylor University where he was President of the Student Bar and a member of Phi Alpha Delta legal fraternity. Mr. Meeks is responsible for managing the Tarrant County collection program. He has been engaged in the private practice of law since 1975 and has 18 years litigation experience and six years delinquent tax collection experience. Mr. Meeks' community involvement includes serving on the YMCA Board of Directors and as a member and former Secretary of the Hurst-Euless-Bedford Independent School District Board of Directors. He teaches "The Texas Property Tax System," an education course designed by our law firm and certified by the Texas Education Agency for school board member accreditation. Mr. Meeks is admitted to practice before the U.S. District Court, Northernn Iastrict of Texas. His professional memberships include the State Bar of Texas and Tarrant County Bar Association. Gary Bennett, Attorney, will serve as the responsible attorney for the City of Denton. Mr. Bennett was admitted to the Texas Bar in 1980 after receiving his A.A, from Navarro College with honors, his B.A, in Political Science from Austin College in Sherman, Texas, with honors, and his J.D. from the University of Texas School of Law at Austin. He has served as President of the North Central Texas Council of Governments and as a member of the Sixth Congressional District Advisory Committee during the 99th and 100th Congresses. Prior to joining the law firm, Mr. Bennett served as County Judge for Navarro County. He is a member of the State Bar Committee on Ad Valorem Taxation, having served on the Committee since 1989. Mr. Bennett has over seven years experience in tax litigation and the general practice of law. He has first hand experience and knowledge in understanding the problems and concerns of local governments in their efforts to generate revenue. Often he is asked to speak to civic groups, state, county and municipal organizations on matters concerning tax revenue generation. Mr. Bennett has received various awards and citations, including Who's Who in Texas and Outstanding Young Men of America. H. Elizabeth "Beth" Weiler, Attorney, was admitted to the Bar in 1989 after receiving her B.S. in Business Administration from the University of North Carolina at Chapel Hill, N.C. She received her J.D. from Wake Forest University School of law In Winston-Salem, N.C,, where she was a Law Faculty Scholar and Assistant Editor of The Jurist. Ms. Wellerjoined the • law firm in 1993 and is primarily responsible for bankruptcy litigation. Prior to joining our law firm, she served as a Law Clerk to Judge Steven A. Felsenthal, United States Bankruptcy Court-Northern District of Texas, Law Clerk for Judge Blackwell Shelley, United States Bankruptcy Court-]astern District of Virginia, and as Staff Attorney for the 4th Circuit U.S. Court of Appeals. She is a member of the State Bar of Texas and the Dallas Bar Association. She is admitted to practice in the State of Texas and the U.S. District Court for the Norther • District of Texas. Page 12 0 4 • • S' ApMlmrR. ~-6 Edward Lopez, Attorney, was admitted to the Bar in 1990 after earning his B.B.A. in Piaance5/o` 7 from Southwest Texas State University and his J.D. from Southern Methodist University School of Law. Prior to joining our law firm, Mr, Lopez was in private practice in the Dallas area, He is well versed in tax collection and litigation and previously clerked with our law firm while in law school. Mr. Lopez is licensed to practice In all state courts and in the federal courts of the Northern and Southern Districts of Texas, _ Page 13 _r r ~~0 9'S-8ZZ r a~ NORTH TEXAS MANAGEMENT TEAM] Z ~w~z Nancy R. Primeaux, Regional Manager, North Texas, holds a B.A. In Plan H (a liberal arts honors program) and a M.S.S.W. in Planning and Policy Development from the University of Texas at Austin. She has experience in public administration, having served as the Tax Assessor-Collector for the City of Dallas and the Dallas Independent School District. She also has experience as the Director of the Municipal Court System for the City of Dallas and as the Grants and Contract Manager for Dallas County. Ms. Primaux managers BGSM's collection operations in the North Texas region. She co-authored and teaches our law firm's course "The Texas Property Tax System." Frequently, Ms. Primeaux lectures at tax conferences and seminars on collection techniques, privatization of government services, benefits of consolidated collections and other tax related topics. Ms. Primeaux has been named to the Outstanding Women of Texas and is a member of the Texas Association of Assessing Officers (TAAO) and Association of Women Executives. She has 12 years of experience in delinquent tax collection. David J. DDartez, Systems Operations Manager, joined our law firm 14 years ago and was instrumental in coordinating the development of the first computer technology designed for the collection of delinquent taxes on behalf of our law firm. He continues to monitor our law firm's development of new software technology and improvements on existing systems. Mr. Dartez provides consulting services to our clients on their software and computer needs for tax collection and other governmental functions. He has served as Director of Information Services i for Bexar County, Project Leader for Philco-Ford at NASA's Manned Spacecraft Center and was Senior Systems Analyst for the City of Houston. Peggy McCormick, Regional Data Manager, holds a B.B.A. degree from the University of North Texas and has 12 years experience in the collection of ad valorem taxes, having served as the City of Grand Prairie Tax Collection Manager from 1989 to 1993 and as the Tax Assessor-Collector of Haltom City from 1987 to 1989. She also worked for the Parker County Central Appraisal District as the Collections Supervisor from 1982 to 1987. Ms. McCormick is responsible for analysis of tax roll data, the upkeep of all data files and assists in management reporting. She is a certified instructor for Texas Association of Assessing Officers (TAAO) and is a Certified Tax Administrator (CTA). r r _ Page 14 1~~ v rs ),xr,.- ti, r e w • ~idillYa. S. Ap* flay r WW ~ DENTON OFFICE PERSONNEL Debnre ton, Ofnce Manager of the Denton Office, has more than 15 years experience in c 'ti gement and nine years of experience in the collection of ad valorem taxes. A rest 'e. . d . atton for 13 years, she Is active in her community and is a member of the Denton chr : rtusiness and Professional Women, She has worked in the areas of delinquentacwunt collections, telephone collections, skip-tracing and litigation. Ms. Patton manages the day-today operations of the Denton office, coordinates BGSM's litigation efforts and assists taxpayers. Kimberly Erwin, Litigation Assistant, is a life-long resident of Denton. Ms. Erwin graduated from Denton High School and attended Cooke County Junior College where she majored in business administration. She is currently attending the Court Reporting Institute of Dallas, Ms, Erwin assists taxpayers with questions regarding delinquent taxes and payment arrangements. Her other responsibilities include preparing and filing documents and assisting in account research. Sandra Fetta-Wyatt, Research Assistant, has been with our law firm for three years, Ms. Wyatt received her associates degree in Computer Science from Grayson County Junior College. She is certified as an abstractor by the Texas Land Title Association and has nine years experience in abstracting. Ms. Wyatt is a parent volunteer at the Fairview School and serves as a Sunday school teacher at Grayson Bible Baptist Church. i • Page is mail& • • ~0•ndttNo~ 9s ~S?Q AW* NORTH TEXAS BANKRUPTCY DIVISION S4 Sharon Fordinal, Regional Bankruptcy Coordinator, earned her B.S, In Accounting Business Management and her Legal Assislant Certification from Lamar University in Beaumont, Texas, She also has attended Durham Business College in Beaumont, Ms. Fordinal has 14 years bankruptcy experience on both debtor's and creditor's sides and over 20 years experience in Business Management. She coordinates all bankruptcy matters for the North Texas Regional Offices. Her responsibilities include assisting in resolving taxpayer disputes involving application of bankruptcy payments, coding new cases, tracking existing cases, referring cases to litigation and collections when appropriate, tralaing pew in our bankruptcy baking system, preparing correspondence and assisting in drafting pleadings, Linda Osimki, Bankruptcy Clerk, attended Arlington Court Reporting College and earned a Legal Secretary Degree, Ms. Osinsid's responsibilities include researching accounts, preparing Proof of Claims, assisting debtor and creditor attorneys, preparing pa, armngememts for debtors, attending conformation hearings, monitoring current bankruptcies for post-petition taxes that have become past due and assisting our clients in general bankruptcy matters, Ms. Osinskl has two years bankruptcy experience a^d has been with our law firm for seven months. Ruth Ann Hernandez, Bankruptcy Clerk, has been employed with our law firm for two months. Ms. Hernandez has 12 years experience in collections, foreclosure and bankruptcy in the banking industry, Her responsibilities include reviewing Chapter 13 plans, attending pre- confirmation hearings, amending Proof of Claims, preparing pay arrangements for debtors, researching accounts, assisting debtor and creditor attorneys, monitoring current bankruptcies for post-petition taxes that have become past due and assisting our clients in general bankruptcy matters. LaVerl Phares, Bankruptcy Utigation Assistant, is a graduate of Brantley/Draughn Business School and Real Estate College. Ms. Phares works with our bankruptcy accounts, files claims, responds to correspondence pertaining to dismissals and discharge notices and updates our Bankruptcy Tracking System (BATS). Ms, Phares has over three years of experience in delinquent tax collections. • a I Page 16 ""r+r'-'t'~.".. , • .x, ww.r- 'NFN~: t : r. ca iw....• lk 7, V • ~ t o f , I f , ~ • w • I A"*No 9S' ap Ap* _QE a~e_.1~.~ X95 S~d~ 6 Z DATA PROCESSING SPECIALISTS Richard H. Pwchecano, Director of Data Processing, received a B.B.A. in Accounting and Business Data Systems from the University of Texas at San Antonio. He joined our law firm in 1983 and is responsible for the direction and management of all phases of the law firm's computer support organization and manages a staff of 43 computer professionals. Mr. Pachecano also participates in marketing efforts of the law firm by working with senior client staff members and elected officials on computer-related issues and conducting or participating in software demonstrations and tax system development workshops. Mr, Pachecano previously served as Deputy Director of Information Systems for Bexar County and as Applications Manager responsible for the County's Financial, Tax Collections and Automobile Registration Systems. He is a member of the Texas Association of Assessing Officers (TAAO). Don O'Brien, Delinquent Operations Manager, holds a B.S. from Miami University of Ohio. Mr. O'Brien is responsible for managing the Delinquent Operations staff. He provides the direction for the maintenance and development of our law firm's delinquent tax collection systems and regularly confers with our law firm's managers to identify their information needs and possible solutions. Mr. O'Brien also works with client staff members to facilitate the processing of the client's and our law firm's delinquent tax data. He has been employed with our law firm since 1986 and has held responsible positions involving all the department's computer systems. Mr. O'Brien was previously employed as a hardware and software representative for Valcom Computer Center. Felix Lopez, Manager of Production and Mailing Control, holds a B.B.A. from St. Mary's University and a M.B.A. from the University of Texas at San Antonio. Mr. Lopez joined our law firm ui 1987 and is responsible for directing the daily data processing production functions, controlling and verifying accuracy of mailings, reporting activity and reviewing and analyzing statistical data for all delinquent tax rolls. He supervises nine data processing employees and allocates personnel and equipment resources as needed to complete assigned projects in a timely manner. His responsibilities include the coordination of all the steps in the mailing process. Mr. Lopez was previously employed at Omni Interest, Inc. as Manager of Data Processing. • i Page 17 0 0 iTlth ,ti~~ ( err j~s L 1 . ~l Q, ~jll • ~a • ApeadaAlYo, q~-d ~ Apm*l APPROACH TO PROVIDING SERVICES (RFP Selection Criterion 3) o ~,y t BCSM► LAW Our collection sophisticated co pu errccapabmerges ilities, t Most st~lawfirms in of this field mail d m tand letters and file lawsuits, However, to standards which distinguish Blair, Goggan, Sampson & Meeks from others in the field are personal telephone contacts, taxpayer research and correspondence, comprehensive bankruptcy, federal agency collections and to aggressive prosecution of lawsuits from filing to execution of judgments, While our collection program relies heavily upon data processing techniques to manage a large volume of accounts, our efforts are successful largely because of the extent of personal attention we expend In our litigation and collection efforts. All taxpayers are treated with politeness and professional courtesy. Although our collection strategy is based upon the maximum automation that technology will permit, to most advanced state-of-the-art technology cannot furnish the discretion, judgment or compassion necessary to provide the level of service on which BGSM prides itself. Therefore, our approach to dealing with taxpayers' responses to a mailing reflects our keen awareness of their concerns. By notifying all taxpayers, regardleA of ammos due, and providing a well-trained staff, we endeavor to facilitate the payment of taxes. Written and verbal Information Is provided to • taxpayers In both Spanish and English. Blair, Goggan, Sampson & Meeks belleves that a successful collection program must he multifaceted, flexible and tailored to each client's specific needs. Our comprehensive collection program combines telephone collection, address and problem account research, taxpayer correspondence, litigation, bankruptcy proceedings and federal agenc collections, ® of our most important and Un d effective One tools is coordination of our mailings, lawsuits and media Page IS • O • • r two attention to create credibility for our collection letters, The following section details Blair, Goggan, Sampson & Meeks' ability to legally provide services described under the Texas Property Tax Code and other relevant laws. We have included a description of our scope of services, workplan and methodologies that we have successfully employed for our clients throughout North Texas, The City of Denton can be assured that the collection and litigation strategies and techniques utilized by BGSM on behalf of our clients are both legal in nature and courteous and professional in manner. Our staff is knowledgeable and trained to follow collection and litigation strategies as prescribed by the Texas Property Tax .ode. Furthermore, while property taxes do not fall within the definition of "consumer debt" as dufined by the Fair Debt Collections Act, our law firm, nevertheless, adheres to the guidelines set out by the Act with respect to the manner in which we contact delinquent taxpayers. )Yorkplan and odolQg BGSM believes that a successful delinquent tax collection program must be multi-faceted, flexible and tailored to each client's specific needs. Blair, Goggan, Sampson and Meeks provides the comprehensive collection services listed below to M of our clients, People often fail to pay their taxes on time because they have failed to receive a notice of taxes due. The delinquent taxes may result from a change in ownership or address which was not recognized by the Appraisal District. BGSM utilizes a staff of professional researchers, augmented by abstractors and a professional skip-tracing firm that we employ, to determine the current owner of record, lienholders and their locations, Every effort is made to avoid collection contact with non interested parties, i.e. non owners who are often listed on the tax roll and to work with homeowners and other taxpayers In a cooperative non-confrontational manner. a Customized Workplan for Each Client • Taxpayer Notification Program Written Notification • - Telephone Notification (Collection Calls) and Personal Contact 0 Address Research/Taxpayer Lo,-ation Program - identification of Accounts Requiring Research - Reference Sources e • ~ page 19 i 1 • A ApendetNo,-_ 9'S -d~'-~ t sgoaiiz - Maintenance of Records on File Business Personal Property Accounts Researched Prior to Suit Filing Title Verification Conducted Prior to riling of Real Property Tax Suits • Taxpayer Assistance Program Phone Bank (Incoming Calls) • Litigation Process Procedures Followed in Preparation and Filing of Lawsuits - Service of Citations - Timely Prosecution of Lawsuits Collection of Judgments by Execution and Sale • Seizure of Delinquent Business Personal Property Accounts (upon client approval) • Bankruptcy Collections • Federal Agency Collections • Public Service Information • Ancillary Legal Services • Management Information Reporting and Coordination CUSTOMIZED WORKPLANS BGSM develops and utilizes workptans as a management tool for both immediate and long- range planning. The workplan developed for each client is based on our monthly analysis of the client's delinquent tax roll and is customized to take into consideration the collection style and approach advocated by the jurisdiction. Two types of workplans have proven effective: an A in-depth Six Month Workplan that targets special collection strategies and varieble Monthly Workplans to achieve our overall goals, A detailed profile of the delinquent tax roll is produced monthly to assist in the tracking of collections and the identification of target areas requiring special attention. The North Texas (Dallas) Regional Office management team regularly develops in-depth :ix- 0 6, Page 20 • ~ -,~i:e ~ tier,- • ca • +gendatVo._ ~`S-82Z~ . Ap*l agiiz month workplans for our clients. We use this management tool in directing our collection, research and litigation efforts. This workplan, along with monthly workplans and management reports, assists in the determination that we are directing our collection efforts and our personnel to the highest dollar and most problematic groups of accounts. After confirming the target group, the managers develop daily operational plans in an effort to meet our goal of maximum tax collections. We emphasize not only working hard, but working smart. We utilize our technology to analyze the tax roll and identify areas where we can maadnnlze the revenue .-ollected for each clk at. We have chosen a six-month time frame as appropriate for long-range planning purposes. In January and July of each year a new six-month, in-depth workplan is developed. The basic wurkplan is customized to meet the collection needs of our clients and is continually monitored for results and varied when necessary, Included below are examples of the Six-Month and Monthly Workplans that we follow: Six-Month Workplan (July - December) IL),Y.4~11~1LY6F; 0 Input Delinquent Tax Roll • Conduct complete analysis of delinquent tax roll • Structure six month workplan 0 Prepare and mail sample (5%) notification letters to eligible accounts • Receive taxpayer response to sample mailing • Identify and correct potential data errors 0 Prepare and mail (95%) notification letters to all remaining eligible accounts • Respond to taxpayer inquiries and correspondence • Respond to return mail • Establish and monitor payment agreements • initial ownership and address verification on busir+m personal property accounts • Initial telephone collection activities directed towards high dollar accounts 0 Provide client and media briefing (if desired by client) of collection program • Continue litigation activities from preceding year • Conduct Sheriff's Sale of foreclosed property August Objectives,- 0 Conduct ownership and address research on business personal property for lawsuit filing o Conduct title research on real property accounts for lawsuit filing • • increase telephone collection activities • O' J Page 21 • ti • w • Venda No 4geltdalttxll,- 1W~ r • Esiabf.'sh and monitor payment agreements • Respond to taxpayer correspondence and inquires • Initial preparation for second mailing • Initial title search and verification of real property accounts • Continue litigation activities • Conduct Sheriff's Sale of foreclosed property September j • Prepare and mail second notification letter to all eligible accounts • Respond to G°xpayer inquiries and correspondence • Respond to return mail • Initial batch filing of business personal property lawsuits • Initial research on potential tax seizure candidates (upon client approval) • Continue litigation activities • Conduct Sheriffs Sale of foreclosed property S~I.4tzer Obiectjyg~; • Analyze remrining delinquency • Prepare real property lawsuits from current year delinquency • Continue with lawsuit filing and litigation activities • Prepare and mail specint seizure notification (upon client approval) • Conduct inWal tax seizures (upon client approval) • Conduct Sheriffs Sale of foreclosed property November Obi ti Prepare and mail special notification letters to high dollar accounts Prepare and mail special notification letters to multiple account owners • Continue lawsuit filir ; and litigation activities • Conduct Sheriffs Sale of foreclosed property [2t~ember Obiectivec• • Prepare and mail other special notification letters as necessary • Continue with lawsuit and litigation activities • • Conduct Sheriffs Sale of foreclosed property • Analyze remaining delinquency and develop comprehensive workplan for next six months Page 22 • p • 1 ~ • ~gsttd~Mo,?1 S1~ ~Z _ ' Aofft Actlvl;les During the Remaining Six Months of the Year (January -June) • Prepare and mail other special notification letters as necessary • Conduct ownership and address research on business personal property for lawsuit filing • Conduct title research on real property accounts for lawsuit filing • Continue with lawsuit and litigation activitiem • Continue telephone collection activities • Conduct tax seizures with appropriate media coverage (upon client approval) • Analyze delinquent tax roll • Analyze collection and performance goals • Prepare and mail five-year notice, when applicable Sample Monthly Workplan • Conduct tax roll analysis - Identify bankrupt accounts - Identify federal agency accounts Identify appraisal and assessment problems • Conduct title research on real property accounts • Conduct ownership and address research on business personal property • Set monthly collection and case disposition goals • Conduct tax dockets - Set cases for trial - Prepare and enter judgments - Prepare and set motions for summary judgment Prepare and file dismissals Prepare and file disclaimers - Process interventions filed by non-BGSM's clients Prepare and send pre-default letters Prepare and enter default judgments Prepare and enter agreed judgments Prepare abstracts of judgment and writs of execution • Conduct Sheriff's Sale of foreclosed property • File lawsuits • Prepare and mail intent to seize letters (upon client approval) • Cwdt:at pre-sei?are telephone notification program • Prepare and mail special mailings (i,e„ multiple property owner letters, etc.) • Conduct tax seizures (upon client approval) • Prepare client collection reports (as requested) ® • Update Bankruptcy Tracking System daily • Page 23 r • • A(MONIIo Review federal agency and bankruptcy collections Review overall performance and collection goals • Review status of payment arrangements 6 Analyze delinquent tax roll and prepare for next monthly workplan • Page 24 • • l . ~ • AptlONo 5-(07z2-- Ao t itsm Date ;?'w 5 //2 TAXPAYER NOTIFICATION PROGRAM Objectives To Implesmeot a collection strategy which begins with effective notification to taxpayers of their tax obligations, Including an accurate statement of the current amount of delinquent tax, penalty, and Interest and tax account number. To build a foundation for multiple collection strategies baud on the iiedU accurate notification of the proper owner or taxpayer. To nuke personal contact with delinquent taxpayers and to expedite payment. To design and Implement speclalired collection strategies that target high dollar, multiple, complex or sophisticated accounts. To ensure that all taxpayers receive at least 11n written notices of delinquency prior to sale of properly. Written Not flrntlon BGSM has developed an extremely sophisticated and effective written notification program. Beginning in July in each year, our top priority is to notify taxpayers of their outstanding delin- quent taxes. Our entire staff is involved with this process during the peak period. Thls project continues throughout the year on a parallel basis with our collection strategies. BGSM has developed an chiicient laser printed, computer mailing operation which enables our law firm to process the necessary volume of correspondence with a high degree of accuracy and dependability. We are able ' i prepare and send an accurate statement of account, together with a personaltwd individual letter quoting demand for payment from our law firm, to every targeted individual on the tax roll within a 72 hour period. • T ninQ and Production of Demand Letten Upon receipt of the delinquent tax roll, we send a tax collection letter to every eligible account. This involves the implementation of a computer program integrating tax information with the text of a letter. We accomplish this procedure through the use of a Xerox 9790 laser printer which generates letter-quality documents at the rate of 7,200 per hour. 0 • • Page 25 0 O • • 0 4S 2.z pQttrtdefterttJpM =c Date _b 2~- Simultaneously a color-coded remittance document is prepared which details the delinquency in a way most convenient to facilitate payment processing when it is returned to the client's collecting tax office in an enclosed window envelope. The use of separate color coding for each client permits instant identification of the Jurisdiction for which payment Is being made. We carefully orchestrate the law firm's utalling activity to maximize the Impact and sharply focus the attention of the public on each mailing. We choose a mailing date so that most taxpayers will receive the demand for payment near a payday when funds might be available for prompt payment, If our client desires, we send press releases in advanix to all the area media. We make every attempt to choose a mailing date that avoids other media events which would detract from coverage. Ouallty Control We make every effort to assure the highest level of quality control. Before we mail notification letters we randomly select 20 accounts from the entire tax roll that represent different types of accounts, exemptions and conditions. Sample letters are generated and sent to the client's tax office which verifies all the information and total delinquent amounts. These same letters are edited and verified by our staff for accuracy. Before the mass mailing, a final production tape is generated and a new set of sample letters from this tape is again printed and verified by our data processing staff. Before all letters are printed, we again do a final check of the letters. To assure the quality control of our letters, a thorough review is made of statistical reports which are generated from the final mailing production tape. After the client's tax office approves the samples, we mail 5% of all the letters. Response to the 5% mailing is monitored to ensure that no problems exist with the mailing before we mail the entire file. Within three days of the sample mailing, the remaining 95% of notice letters are mailed. Response to Demand Letters • Our clients tax office's immediately begin to receive payments from delinquent taxpayers, and our office receives hundreds of telephone and written inquiries from the delinquent taxpayers within the first few weeks of our initial mailing. The response to the mailing allows us to quickly stratify the remaining delinquent tax roll to facilitate collection assignments to different components of our law firm. All returned mail is ® assigned to our address research staff to perform skip-tracing. Bar coded remittance • • Page 26 0 s • • agenda No, 9'S--O2'z Apenda! _ Date _ 6 -Zr~~,q S documents are scanned by a wand reader to produce listings of bad addresses in descending dollar order. After our indtLet mailing we begin to target delinquent taxpayers and unpaid high-dollar accounts for suit filing. Within 45 days of the first mailing, we have absorbed the impact of the response. At this point we plan a second mailing to real property accounts that have not yet responded and to personal property accounts that have not been identified for suit filings. We target personal property accounts of operating businesses for expedited lawsuit filing. To maintain credibility for the second mailing, we file dozens of lawsuits simultaneously with the second. mailing. Accounts that remain unresolved after receipt of our first two demand letters require more specialized collection efforts. We carefully analyze the profile of the remaining delinquency and implement a detailed workplan to maximize collections. To augment the regular mass mailings, we target select accounts for special mailings which occur from time to time throughout the collection process. These include specialized mailings to multiple property owners, absentee owners, business taxpayers, et al. Each mailing is designed to focus the taxpayer on the imperative need to promptly address his or her delinquency. Examples of these specialized, targeted mailings include: • Intent to Foreclose • Intent to Seize letters • Intent to Sue letters 0 Intent to Sue letter after abstract, with copy to lienholders and other owners with copies of lawsuit petition attached + Letter to payment arrangement violators • Letter to lawsuits set for trial notifying all defendants of hearing dates, including default cases where such notification is not legally required • • Letter notification regarding judgment granted and "Abstract of Judgment" being entered • Intent to Sell letter with copy of the Order of Sale Every delinquent taxpayer rccelves at least five notification letters prior to judgment and • sale of property. Sample letters and statements detailing the delinquent tax amounts are • • - Page 27 • rla • q~~~9S o 2Z Agrgdelbn Lkte , included in Appendix B. Please note that our demand letters inform deumuent taxpayers to send payments directly to the client's tax office and to direct any Inquiries, by phone or writing, to our BGSM Denton office. In this way, we ensure that the money is available as soon as possible to the client, while it Is our job to field the inquiries from the taxpayers in a way neither the tax office nor client's staff will be burdened by this additional workload. Telenhone NotL~ntion and Pere nal Conftta BGSM has found that personal contact is an essential component of an effoetive collection program. BGSM employs a team of professional collectors whose job Is to collect delinquent accounts through direct contact with taxpayers. Our collectors have been trained and are knowledgeable of the Texas Property Tax Code, the Fair Debt Collections Act and each client's collection polkies and guidelines. High-dollar and complex accounts, including accounts involving federal agencies, are assigned to our specialized phone collection units. The individuals within our Denton and North Texas Regional telephone collection units are trained to be courteous and understanding, yet persistent. During mailings and other peak season activities, our collectors receive hundreds of incoming telephone calls and are trained in tax matters to provide taxpayers with complete and concise information. Our telephone collection unit tracks assigned delinquent accounts until the tax balance is satisfied. Our collection staff utilizes targeted list of accounts prepared by our data processing department that stratify each client's delinquent accounts both in high dollar descending and alphabetical order. These tools are utilized by our collectors with great effectiveness, Our management team works with each client to determine the approach most suitable to that jurisdiction. For example, homeowners are approached differently than commercial, industrial or undeveloped property owners. Most often a delinquent tax on a home is a result of an escrow problem or recently retired loan, in which case we notify the homeowner of the delinquency and assist them in working with the mortgage company and/or the Tax Office. Assessment problems, posting errors and other problems identified during the collection process are given to our research staff to be resolved. Pertinent information is provided to the Appraisal r District and Tax Office. This process is sometimes lengthy because of the necessary interaction between the taxing jurisdiction, the appraisal district, the taxpayer and our, law firm, • • • Page 28 f ApeAdttl Oeta..i~.~~~- 9 ADDRESS RESEARCH/TAXPAYER LOCATION PROGRAM Objectives • Conduct address and ownership research on accounts Identified as having incorrect information 0 Prior to the filing of business personal property IawsuNs, verify Addcm 'aw o iis hsferme"" contained on the tax rotl • Condud tltk research on all real property accounts prior to 1ltigation to Identify all owners and lienholders and to verify address Informs. Lion. 0 Conduct research on problem accounts that impede the collection of taxes. a Notify Tax Office and Appraisal Dbtrkt of changes In addresses and ownership as identified by BGSM. A successful tax collection program requires an intensive and sophisticated research and skip-tracing effort. Letters cannot be delivered or citations served without proper addresses for the delinquent taxpayers. We have developed our research system to effectively and efficiently identify and resolve problems that impede the corre t property owner from receiving our legal notices. Correct property owner identification is critical to the following: 0 Delivery of demand letters; • Ability of telephone collection personnel to contact the person responsible for the tax; • Determination of current registered agents, residents, and owners of companies and corporations in order to properly file business personal property lawsuits or request tax warrants; • Determination of lierholders; A Proper service of citations. BGSM has developed the capacity to meet this need through deed and address research. In addition to manual resources, BGSM has direct on-line computer access to numerous information sources. Page 29 • t~ 1i • to • 4gtaRdalblt~~~ 11,.., _ t>at Our staff performs research at various stages in the collection process including correcting 6 Z addresses from return mail; providing location and phone numbers to our telephone collection staff; identifying registered agents, corporate officers or assumed name holders; or providing better address for service of citation. This information is provided routinely on behalf of our clients to their collecting tax office and the appraisal district. Listed below is a synopsis of BOSM's address research and skip-tracking process; Identification of Acco MuLt&QuIda • Returned mail received from mailings; • Subsequent to filing of suit, accounts of defendants who have not been served because of inadequate address information; • Business personal property accounts; • Real property accounts; • Accounts on tax roll lacking address information; and • Identification of telephone numbers to be used by tax collectors. References Sources • Book/Directory Resources Telephone Directory and Directory Assistance Cole's Criss Cross Directory Polk's City Directory Rand McNally Credit Union Directory United States Savings & Loan Directory Post Office box holder information, forwarding orders and change orders • Computer Access County Decd Records - County Assumed Name Records J - County Marriage License Records I - District and County Court Records - County Probale Records - County, City, School Tax Roll • City Waler/Utility Records Records of the Secretary of Stale d - Trans Union Credit Bureau • Page 30 .~r_-~...-~...~_-~nM I 1 ~ rwn r....I.~.y1lWY'..~ .w 1Y•- • a • ap~,ls2~~ 'late _ tL Phone Bank ll_ncomjng Cal [c) During peak periods our phone bank in our North Texas (Dallas) Regional Office responds to dp to 1,000 calls per day, In Denton, we routinely receive between 50 and 100 calls per day in response to our demand mailings. The nature of the incoming calls vary, including ownership changes, mortgage company problems, bankruptcy, appraisal problems, exemptions and hardships. All incwning calls are handled by a well-trained staff whose attitude Is to help taxpayers meet their financial responsibilities. Each phone inquiry is documented on a written taxpayer assistance form with Information that Includes the name of the person calling, date called, detingcem taxpayer's name and account member, amount due, nateme of the call and response given to the person calling. We maintain this information u1til the account is paid so that we may quickly respond to future inquiries, 1 I • Page 34 , • • +pettdpNo._9s-022:2 - ate . - ~~$112 LITIGATION PROCESS Objectives • Conduct thorougb research prior to the nUng of each lowsu t. • Conduct a 1111gation program that lends credibility to the entit~e d6latittent tax collection program • Target delinquent accounts for litigation that would not get paid unless they are sued • PAtsoaecute all lawsuits filed to judgment and foreclosure, if necessary • Condudo It necessary, seizure and sale of bassinets personal property to recover delinquent taxes A successful collection effort must have an effective litigation component. While every reasonable effort is made to collect a delinquent account without resorting to legal action, it often becomes evident that legal action is the only viable method to collect taxes. Our philosophy is that an aggressive, highly visible legal campaign lends vital credibility to the collection process and therefore renders the demand letter and telephope contacts more effective. We choose accounts carefully for suit, emphasizing high dollar/multiple year accounts. Our task is to educate non-taxpayers to understand that disregarding their tax obligations will inevitably result in sale of their property and imposition of heavy penalties, Interest, court costs and attorneys' fees. An effective delinquent tax program makes good taxpayers out of bad taxpayers, resulting in many delinquent taxpayers paying their next year property taxes promptly. • e ~ e e ` Page 35 • • 5_t3Z - igendeNo Z AgendOitem _ . REASONS TO FILE A LAWSUIT in our experience lawsuits are necessary: 1 When Alternatives Are Exhausted: Our law firm mails several warning letters to, and often makes personal telephone contact with, delinquent taxpayers, These efforts trigger a clear signal of imminent litigation. If disregarded, a lawsuit must follow. 2, To Establish Credibility: Lawsuits lend credibility to the endre collection program. Typically, delinquent taxpayers are persons who have disregarded repeated notices from the tax office. The prosecution of tax lawsuits is integral to a successful collection effort. 3, Where Perishable Property Is Nesent; Certain business personal property accounts are identified through res&rch and telephone contact to be on the verge of going out of business, Ihe•eby puti'ng the claim at risk, Once identified, these accounts are immediately prepared for suit or seizure, 4. To Collect High Dollar/Complex Delinquency: Very often high-dollar accounts are complex in nature. If payment cannot be realized through demand mailings and personal contact by a professional collector, a lawsuit is often necessary to attain the visibility and results necessary, 5. For Prob'em Resolution: Occasionally an account is so complex (e.g., unknown heirs) that the only way to resolve it is to allow the court to intercede and force a foreclosure sale for paymc.,t of taxes to put the property productively back on the tax roll. BGSM recognizes that the mere filing of lawsuits is not sufficient. Process must be served and cases must be sot and trifd to Judgment. Judgments must be collected by execution and sale if necessary. It is very important that the taxpaying public not be able to discern a pattern for the filing of litigation. Therefore, cases must be selected across the economic and geographic spectrum. • However, to optimize the use of our resources, as well as the resources of the Court, we give greater welght to higher dollar amounts as will as accounts with multiple years or delinquency when prioritizing our lawsuit filing efforts. Page 36 • O • e M J, "*No 9s ZV.2 _ ~ll PROCEDURES FOLLOWED IN PREPARATION AND FILING OF LAWSUITS Our law firm has the capacity to generate by computer as many lawsuits as the local court system can effectively handle. BOSM enjoys an excellent working relationship with the District Clerk's office and provides many services in order to expedite litigation. We prepare the petitions and citations in accordance with the Texas Rules of Court, Texas Property Tax Code and local court rules. JnLuM1&n Gaffierlne Before personal property lawsuits are filed, information extracted from the delinquent tax roll is merged with the updated ownership and address data obtained by our collection/researching staff. Our system is such that literally hundreds of personal property lawsuits can be prepared within a matter of days, Each September we file dozens of business personal property lawsuits for the Denton Independent School District. Before the filing of real property lawsuits, every account is abstracted for title verification. We then merge the title information, together with the last known address of the defendant, with accounts receivable information extracted from the delinquent tax roll. Verification Procodun.c Before filing, all legal documents are approved by our attorneys and subjected to stringent verification procedures. All defendant data is re-checked, and accounts are once again checked for payment. This procedure eliminates any blind filing errors, The lawsuits are then assembled in'to suit packets that contain a copy of the petition and citation for each defendant and a file copy of each document. The lawsuit documents are hand-delivered to the District Clerk's office after assembly and verification is complete. In accordance with each client's preference, copies of the lawsuit lists are delivered to the client's collecting tax office, e e , e 0 _ Palle 37 • - a~ • '~OM4Mo~ S ~ ZZ Service of Citatlo c 7 t We utilize private process servers, local sheri ffs and constable's offices and certi fled mail to obtain service on the defendants in our lawsuits. It has been our experience that fifty percent (50%) of the accounts are paid when the defendants are served; therefore, we place great emphasis on quick, effective service. In certified mail cases, our law firm provides the district clerk's office with pre-addressed envelopes to assist the clerk's staff in mailing the citation as soon as possible and to ease the workload. As allowed by law, the costs for service of citations are borne by delinquent taxpayers and included in the court costs associated with the filing of the lawsuit. Our clients bear no additional costs related to the servilce of chalions for delinquent tax lawsults. Timely Prosecution of Awsultc Every lawsuit we file In District Court is prosecuted as quickly as logistics permit. We have an effective, proven system for service of process and continuing review of pending files for service on all defendants. Once service of process is obtained on all defendants in a particular case, we immediately set the lawsuit for trial. Collection of ruck en c by Execution and Sala At times it becomes necessary to reduce a judgment to We. This is an integral part of our program. Thirty (30) days from the date of judgment, real estate judgments have an order of We issued and the property is then put up for sale within the legally prescribed time limits. Again, this is the normal procedure in obtaining payment on an unpaid judgment, which is coordinated at various intervals with our clients so they can exercise appropriate discretion. With our client's approval, writs of execution can be utilized to collect personal property taxes. In personal property lawsuits, if the taxpayer is still available and has property that can be levied upon for payment of his taxes, a writ of execution is issued for such property to be taken and later sold, similar to the tax warrant process described on the following page. Often, obtaining the writ of execution and appearance of law enforcement officers at the taxpayer's place of • business will result in payment. r Page 38 0 • m • I AplAdilFlo Z~' AW411 SEIZURE OF DELINQUENT BUSINESS PERSONAL PROPERTY ACCOUNTS In addition to sale under execution, the Texas Property Tax Code provides for summary seizure and sale of business personal property under the authority of a tax warrant. No suit or Judgment is necessary. Because of the perishable mature of personal property taxes, BOSM has found It effective to use tax warrants and conduct seizures on a limited basis, Due to the rather drastic and summary nature of the seizure remedy, we limit this remedy to a relatively small number of well researched and documented accounts. Before property is seized, special notification warning letters stating our "intent to seize" are mailed to all accounts and physical surveillance is conducted. In addition, telephone collectors attempt collection and determine that the property subject to seizure still exists. Hundreds of seizure candidate accounts are targeted, yet very few tax warrants result in the actual seizure of property. We feel that we are uniquely qualified to advise the taxing entities regarding the legality of seizure and sale. Bt3SM has twice successfully litigated the constitutionality of this remedy before the Supreme Court of Texas in the cases of Shaw v, PWIlips Crone & Rigging, et al., 636 S.W.2d 186 (Tex. 1982) and Querner Truck Lines, Inc, v. State, et 41., 632 S.W.2d 367 ( Tex.1983). The judgment of the Supreme Court of Texas in the Phillips cam was appealed to the the SuSupreme Court of the United States. Upon Court of the United States dismissed o the appeal l for want ofar subfiled b stantial federal question. e e ' Page 39 • • r A$li'lidal gate w 7 mil, 5 og ~ Z BANKRUPTCY COLLECTIONS Complete representation in bankruptcy matters is provided to our clients as part of our basic legal services. Objectives n Medlar bOAMPt accounts • FUe proof of claims • File claims for payment of post-petkion taxes as administrative expenses • Represent our clients at creditors' meetings • Prepare and file all necessary k;al documents • Represent our clients at bearings in bankruptcy courl The number of bankruptcy cases filed in Texas exploded in the mid-1980's due to the downturn in the energy and real estate sectors of the State's economy, Although the economy has stabilized, a high number of bankruptcies continue to be filed each year. The bankruptcy cases filed today tend to be more complicated and litigious, and debtors are increasingly targeting ad valorem taxes for reduction or disallowance. Once bankruptcy is tiled, ordinary collection techniques cannot be used. Federal law prohibits any attempt by creditors to collect from a bankrupt debtor by means other than those specifically provided for in the Bankruptcy Code. Since a large portion of many jurisdictions' delinquent tax rolls have been placed under the jurisdiction of the United States Bankruptcy Courts, BGSM devotes significant resources to assuring that the proper procedures are followed to maximize • our clients' collections from bankrupt debtors, The vast majority of the bankruptcy cases which Involve our client's accounts are filed In Dallas, Fort Worth, Houston and San Antonio. BGSM has bankruptcy attorneys strategically located in offices across the state to ensure a prompt response to any developments in cases in these courts. BGSM is also currently representing its clients in bankruptcies in almost every state, • from New York and Florida to Arizona and Oregon. ' • Page 40 • A • • +gentiaMo. S ~ 2.- ~etldaltam `s BGSM's Metroplex Bankruptcy Department includes a full-time attorney, a bankruptcy coordinator, Iwo bankruptcy assistants, and a full-time bankruptcy clerk. The primary responsibility of this Department is to oversee the collection of delinquent tax accounts in bankruptcy, but they also act to protect current year taxes of our clients when necessary. The Bankruptcy Department researches delinquent accounts to determine the amounts owed, riles proofs of claim, monitors case progress, oversees the distribudon of funds from debtors and trustees to our clients, reviews pleadings, and files whatever motions or pleadings are necessary to protect our clients' rights. The Bankruptcy Department utilizes a sophisdeated computerized bankruptcy tracking system which enables it to provide the maximum service to BGSM's clients. In all bankruptcy cases the first step is the identification of the bankrupt entity. BGSM uses a variety of resources to identify the debtor and accounts in bankruptcy, such as: • Notices and pleadings received from the debtor or the court; • Phone contacts made by our collections staff; • Newspaper articles; • Information found in our pending state court lawsuits; • Responses to our massive mailings • Subscriptions to bankruptcy reports; and • Contacts in the bankruptcy legal community. Once the debtor and accounts are properly identified, a proof of claim is promptly filed. Chapter 7 liquidation proceedings are then monitored for passage of assets subject to our liens to a non-bankrupt entity and for the personal discharge of the debtor. Whit either of these events occur, BGSM proceeds to collect the delinquent taxes in rem, based on the lien on the property which was either exempt from the bankruptcy or which is no lonRur part of the estate being administered by the Trustee. Chapter 13 individual reorganization cases are monitored to ensure that the plan of reorganization (1) properly classifies the tax claim; (2) provides for the payment of the secured claim amount with interest; and (3) does not affect the later enforceability of the tax lien(s). Chapter I 1 business reorganizations are closely monitored to protect our clients' rights and remedies. BGSM actively participates in the plan approval process to make sure the plan provides for the highest recovery possible under the Bankruptcy Code. Although many law firms follow a defensive strategy in collecting through the bankruptcy • process, BGSM's policy is to be proactive. As part of this policy, the payment of pre-petition taxes under a plan of reorganization and the direct payment of post-petition taxes are monitored I so that proper collection activity can be instituted upon default. When necessary, BGSM objects to reorganization plans which do not meet its standards, files appropriate motions to allow foreclosures to proceed during the bankruptcy, attends creditors' meetings and questions the debtor about the accounts owed, and appears at hearings which might affect our clients' ability v to be paid the full amount owed. Additionally, BGSM defends against objections to our clients' • • Page 41 • 0 • P- • +QftNo~_ qs -0Z A"l Data 76 yZ claims and attempts to reduce the amount of taxes owed. BGSM's representation of taxing units in bankruptcy courts throughout the country has resulted in the development of highly skilled attorneys and support staff in this field. This experience has been disseminated throughout the other departments of the law firm through written guidelines, workshops and seminars. BGSM has held several bankruptcy seminars for our clients so that all systems and procedures can be fully integrated. The expertise of BGSM's bankruptcy attorneys is recognized throughout the state, and our attorneys are featured as speakers at bankruptcy and tax seminars. FEDERAL AGENCY COLLECTIONS The nationwide collapse of the banking and savings and loan industries has presented new obstacles to the collection of delinquent tax accounts over the past few years. As failed institutions were taken over by the federal government, the agencies charged with the task of liquidating their assets have become major lienholders and landowners in North Texas, BGSM has been at the forefront in fighting the efforts of the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) to avoid their liability for ad valorem taxes. Our law firm has developed comprehensive collection strategies, based in part upon our bankruptcy experience, whereby we have been able to recover taxes, penalties and interest that may have otherwise gone uncollected, In the early 1990's BGSM's focus was on defending its clients' interests in litigation such as Irving ISD v. Packard Properties. In September 1992 the United States Court of Appeals for the Fifth Circuit ruled in our favor in this case and held that the FDIC cannot extinguish tax liens, including penalties and interest, that attached prior to the FDIC's actual ownership of real property. BGSM also prevailed against the FDIC's attempt to halt foreclosures on property where the government is merely a lienholder, Currently, BGSM works through the federal agencies and title companies to insure that alt taxes, penalties and interest are paid as soon as possible. BGSM has established an administrative claims process that has been successful in collecting payments on behalf of failed institutions from the government. Additionally, although federal law prohibits the sale of government • owned property, BGSM works with the federal agencies and keeps them aware of the tax liens and the fact that the We or other transfer of the property will be difficult without clear title, i.e. the taxes, penalties and interest are paid in full prior to the transfer, BGSM has been recognized as the leader In the field of federal agency collections. We regularly sponsor seminars on federal agency collection strategies, and our attorneys are often ® speakers on this topic at non-firm sponsored tax seminars. ]Because of our expertlse In this • • Page 42 • d • A • ~IIdiNO ~s~ 2"' able 6 specialized area of collections, and the substantial contacts we have established within the federal agencies, BGSM's clients benefit by a greater and earlier recovery of revenues. PUBLIC SERVICE INFORMATION BGSM has found that coordinating collection activities with local media coverage can have a very beneficial impact on collections. Media coverage Is designed to inform property owners of collection efforts and deter delinquency. If our client desires, and with their approval, BGSM will prepare press releases and/or press conferences to announce our annual matting and litigation efforts. This can be done on a regular basis, i.e, on the first mailing, initial suit filings, seizure operations, etc., or on selected occasions such as winning a major lawsuit. ANCILLARY LEGAL SERVICES BGSM represents our clients in all types of lawsuits arising from collectioc activities, such ac counterclaims, injunction suits, eminent domain proceedings, declaratory judgment actions, and all types of unusua! and complex litigation in the property tax related area. We represent taxing entities in all levels, trial and appellate, in state and federal courts, We are particularly qualified to assist the local governments in this area, as several attorneys of our law firm are certified as specialists by the Texas Board of Legal Specialiration. We maintain an Austin office which facilitates advising our clients on property tax law and practice emanadng from acts of the Legislature, opinio;ts of the courts, opinions of the Attorney General, and interpretations of property tax law promulgated by various state agencies including the State Comptroller's office (property Tax Division). MANAGEMENT INFORMATION REPORTING AND COORDINATION Management reporting is another key to effective client coordination and collection success, We provide our clients with reports concerning collection results, workload and status of accounts, Management of our multifaceted services requires reliable control of Information and accurate • reporting, Because of our computer capability, we can provide information that serves as a valuable tool in budgeting and revenue forecasting. Reports can be generated which can be used for the following purposes; • To provide a profile of the delinquent tax roll (by property type, dollar range, years of delinquency and frequency of delinquency); Page 43 • 0 ! • aoen4aNo,_ gs"U 2Z- APMN ~i s oste • To track collection progress; • To track lawsuits and the litigation process; • To track bankruptcy; and • To highlight problem areas requiring special work programs (e.g. bad address, appraisal problems), Upon ralnW, our staff will pro++ide annual revenue estimates to the City of Denton as part of the City's budget process. We will also assist In providing tax related Information should the City of Denton be involved in a bond rating review process. In addition, 19••SM provides annual performance reports, and, if desired, appears before our client's elected body to update our collection efforts and address any questions they may have. i 1 i • ]Page 44 • • N0 9 6'd L'L Moab S ap 0-Q $ 79~NZ N. DATA PROCESSING CAPABILITIES (RFP Selection Criterion 3) Our law firm has pioneered the application of high technology to the delinquent tax collection process since entering the field in 1980. From our beginning, representation of the largest taxing jurisdictions in Texas has caused us to invest mW ous of dollars to develop the very latest, state-of-the-aN data processing and communication teelmlogy for the special:-ed purpose of collecting taxes, both delinquent and current. This technology has enabled our law firm to develop software applications that meet the changing needs of our clients for both tax and miscethowous collection support. Recognizing our clients' growing need for advanced software appllcation, we organized United Governmental Service of Amerka, fne, (UOSA), a computer service company which Is wholly owned by our law firm. Taxing jurisdictions of all sizes throughout Texas have benefited from the technology that we have developed. These capabilities are described In much greater detail below, Also included in this Section is an itemization of our hardware and software resources. Each year UGSA processes over 1,0000000 delinquent tax accounts for our clients throughout Texas. We mail toproximately 1,500,000 demand letters annually In addition to preparing more than 30,000 lawses. Our data processing staff designs and creates specialized reports and listings that aid our Denton BOSM staff in their collection, research and litigation efforts. We determined early in our practice that delinquent tax collection is a highly specialized area of data processing. However, extensive research revealed that existing software failed to meet our clients' requirements for a high volume collection effort. Consequently, from our inception, we have employed our own systems designers and computer programmers to develop specialized applications of the latest technology for the specific needs of our law firm.nd our clients, The result has been the development of DELTAX and CATS, copyrighted software systems specially designed to support all aspects of the delinquent tax collection and litigation programs. Most recently, the staff has developed and installed BATS, a statewide bankruptcy tracking system, As we service our clients throughout the state, we are continuously developing, testing, applying and perfecting our system methods. As new procedures are developed, every client U benefits from these new developments and ideas. Page 4S • O FMS: / ~ ~ . {e • w • ~oe1~tMNa~.. 8'0't~11z DATA PROCESSING APPROACH The design of our delinquent tax collection support software is predicated on the belief that the ultimate repository of all tax information is, and should be, the tax records of the taxing jurisdiction. Therefore, no attempt is made within our system to parallel the dynamic files maintained by the City's Tax Office, Mather, our system is based upon receipt of periodic, preferably monthly, copies of the Tax Office files reflecting outstanding delinquency. During periods of more intense delinquent collection activity involving high taxpayer contact, more frequent copies of the delinquency files may be requested to allow our customer service staff .and legal assistants to have more timely records of payments and adjustments to the files. This access provides the most timely information on a tax account for purposes of customer service inquiries, litigation research or other direct contact with taxpayers. Our system retains a complete history of ail collection activities related to each delinquent account. This history system includes the tracking of address changes, increases or decreases in base tax owed, taxpayer inquiries received by our office, the date and type of each mailing, as well as codes to indicate if a letter was returned undelivered. If a jurisdiction has a requirement for special types of history information, such as property value or telephone contact, our system can easily be adapted to those requirements. DELINQUENT TAX COLLECTION SUPPORT SYSTEMS UQSA uses DELTAX, a software developed and refined by our own staff through years of actual use to support all aspects of the delinquent tax collection system. The software has been optimized to take advantage of the best features of computer systems ranging from large mainframes to desktop micro-computers. This diverse combinntion of hardware and software allows us to combine efficiency with personalized taxpayer service. The computer technology interfaces with all facets of the collection program including taxpayer assistance, telephone collection, bad address and ownership research, lawsuit generation and management reporting. Based on the workplans for each client, the following products arc generated: • Regular Mailings - high volume personalized mailings accompanied by detalled tax statements, used for all accounts subject to mass mailing activity; • • Speclol Mailings - highly personalized low volume mailings usually consisting of ;t00 or fewer letters to taxpayers falling within selection criteria targeted In the workplan; s Lawsuits - tax database and automated title report Information merged to produce laser generated petitions, citations and automated updates to the lawsuit tracking • system; ~ • • Page 46 a i t • 0 • • r oats 11 Z 4 Specialized Listings - reports detailing the. status of various ,portions of the delinquent roti sw,,4 as bad address accounts, returned mail, accounts available for lawsuit, accounts available for milling, hardship accounts and other subsets of the, roll; • Management Reports - analytical reports of tax roll information that enahle our law firm to design a workplan that maximizes collection efficienclus. The retorts may also be used to forecast collections for budgetary purposes. AUTOMATED CASE TRACKING SYSTEM To more effectively process lawsuits through the court system, our law firm has developed a sophisticated on-line Case Tracking System (CATS) designed for the specific use of our law firm's attorneys, paralegals and litigation assistants. CATS is an on-line computer tracking system designed to track the movement of cases in the courts and generate legal documents. This system gives the litigation staff the ability to inquire into and update all information regarding defendants, plaintiffs, tax amounts, legal descriptions, account numbers and the general litigation status of each lawsuit. This state-of-the-art system provides BOSM with the ability to determine needed actions to prosecute each lawsuit to final disposition, AUTOMATED BANKRUPTCY TRACKING SYSTEM The Bankruptcy Tracking System is an on-line bankruptcy tracking and document generation system. The system's centralized file design allows for the consolidation of multiple client and account cases into one bankruptcy case entry. This permits BQSM to track, analyze and prepare documents for all pending bankruptcies and client accounts on a statewide basis. i • Page 47 • • Date7P _^_*4 DATA PROCESSING HARDWARE RESOURCES This section of our proposal itemizes our data processing hardware and related resources. IBM IBM 4341 H Mainframe NnAalled 1985) consis nS oft I - IBM 4341 11 Mainframe with 8 Megabytes of Main Memory and 16 Megabytes Virtual Memory Storage 4 - ST^ 4500 Series Dual Density Tape Drives, 1600/6250 BPI 7 - STC 8360 Disk Drives, 8 Spindles with 317 MB Storage per Spindle and 6 Spindles with 634 MB Storage per Spindle (total of 63 Gigabytes) 1 STC 8002 Disk Controller I STC 1800 LPM Printer 1 - XEROX 4050 Laser Printer capable of printing 50 pages per minute 1 - IBM 2540 Reader/Punch Data Communications Hardware I- Penril VCX 1000 19 Slot Data PBX, Statistical Multiplexer 3- Penril Datalink 9600 FT Intelligent High Speed Modems I- Penril CSU/DSU SU56K 1- NEC ND4 Ennanced Digital Channel Bank I- ADC Kenlrox Tserv CS'JIDSU Operating Systems DOS MVTlVSE Languages C1CS 1.5 ASSEMBLER COBOL 74 DYL-280 • The IBM 4341 Mainframe operates DELTAX, CATS and BATS to process delinquent tax infor- mation for each client we represent which includes more than one million delinquent accounts statewide. Our North Texas (Dallas) Regions: Office has on-line access to the system through high-speed telephone lines. We currently have 75 terminals statewide that access the system simultaneously on a daily basis, while the system can accommodate up to 300 terminal users at • one time. • • J _ Page 48 • 0 I • • ~QMdINo ~ 2 AmbksA. rv~ 8~~~rZ The system allows our law firm to merge account information from different taxing entities within a regional area (i.e., County), This enables us to provide the taxpayer with a total balance of taxes owed to all +ax:;.g entities and the total amount owed by a single taxpayer with multiple properties (i.e., real e~ ate developer), The system is also helpful in researching bad addresses by comparing add,-esses of various taxing jurisdictions within one County, HEWLETT PACKARD The remaining hardware and software described in this section is owned and controlled by UGSA. The Hewlett Packard Systems are accessed by high-speed telephone lines from tax offices across the state who utilize the system. The HP Series computers can collectively process more than one million accounts. HP3000 Series 68 (Installed 1989) consisting of: 16,777,216 Bytes of Memory 2 - General 1/0 Channel, allowing up to 6 external device each (i.e. disk drives, tape drives, printers) I - ATP System Interface Board 5 - ATP Direct Connect Port Controller, supporting up to 60 terminals each 5 - 404 MB disc drives with controller cache (total of 3.2 Gigabytes) 3 - F-400 406 MB Winchester Disc Drives 4 - Black Box Multiplexors, permits up to a maximum of 16 terminals in multiple locations 4 - Black Box 9600 Modems, operating at up to 9600 bits per second 3 - Optical Character Reader Scanners This configuration is currently used for software development and as backup to the processing on the Series 52 described below, The system can be configured to accommodate up to 120 terminal users simultaneously on a daily basis, HP3000 Series 52 (Installed 1987) consisting of: 8,388,608 Byt-:s of Main Memory 2 - General 1/0 Channel, allows up to 6 external devices each (i.e. disk drives, tape drives, printers) I - ATP System Interface Board s 1 - ADCC Modem Port Controller, supporting up to 4 terminals each • • Page 49 A Aim NO, sad r lit 2 - ATP Direct Connect Port Controller, supporting up to 24 terminals each 5 - 404 Disc Drive with Controller Cache (total of 2,02 Gigabytes) 1 - 1600/6250 Characters Per Inch Tape Drive 1 - 600 Lines Per Minute Printer i - Remote Printer 2 - Black Box Multiplexors, permits up to a maximum of 16 terminals in multiple locations 2 - Black Box 9600 Modems, operating at up to 96M bits per second This configuration is curnendy used by the City of Harlingen Taal Office, Harlingen CISD, Los Fresnos ISD and City of Grand Prairie for remote processing of tax information, The system can be configured to accommodate 64 terminal users simultaneously on a daily basis, HP3000 Micro LX (installed 1990) consisling of. 2,097,152 Bytes of Main Memory 4- Serial Ports 1 - 85 MB Fixed Disc Drive 1 - Cartridge Tape Drive This configuration is used for smell portable demonstrations of the Tax Collection System. It is also used to translate and transfer data from a cartridge tape to the HP and IBM computers, The system has 85 million bytes of storage capacity. The system can be configured to accom- modate 4 terminal users simultaneously on a daily basis. Non-dedicated 1ardware 44 Hewlett-Packard Terminals available for connection to any of the four Hewlett-Packard mainframes. languages j BASIC COBOL 74 FORTRAN SPL RPG Operating System MPE/V Page 50 s o r Min • w • ~~1tCttHG r ~ LZ Novel! Ndwork System consisting of.. 4- 386SX cnnnected to AT Server Host with a 40 Meg Hard Drive 1 - Austin 386DX with 8 MB RAM, 25 Mhz, 120 MB Hard drive with 1,2 and 3.5 floppy drives 2 - Austin 386SX with 8 MB RAM, 20 Mhz, 40 MB Hard drive with 1,2 and 223.5 floppy drives 1 - Ausdn 386SX with 8 MB Ram, 16 Mhz, 40 MB Hard drive with L2 and 3,5 floppy drives I - HP Laser Jet III I - HP Laser Jet II I - Okidata line printer Tools WINDOWS DOS 6,0 PC TOOLS PC ANYWHERE LAN PC ANYWHERE MICROFOCUS WORKBENCH - COBOL 2 - CICS EMULATOR - VSAM EMULATOR This Local Area, Network is being used in conjunction with the MicraFocus Workbench software { to implement the UGSA Tax Collection System operating on both the Dallas County and the City or Dallas mainframe IBM compatible computer. UGSA has developed and installed software to replace both the Dallas County and the City of Dallas tax collection software, Support Equipment Personal Computers: 83 Personal Computers 1 - Compaq 386, 20 MB Hard drive, 640K RAM 2 - Compaq Portable IN, 20 MB Hard drive, 640K RAM • 48 - IBM Als or Compatibles 2 - 60 MB Hard drive, 1 MB RAM I - 60 MB Hard drive, 4 MB RAM 1 - 50 MB Hard drive, 640K RAM 2 - 40 MB Hard drive, 640K RAM 9 - 30 MB Hard drive, 640K RAM • 33 - 20 MB Hard drive, 640K RAM ` 10 - IBM XT's or compatibles with 20 MB Hard drive, Page 51 . . 4QMidtNo A uO ff 512K RAM 19 -113M PS/2s 12 - Model 30 with 20 MB Hard drive, 640K RAM 5 - Model 50 with 20 MB Hard drive, 1 MB RAM 2 - Model 50 with 60 MB, 1 MB RAM 3 - NEC 386, 25 Mhz, 100 MB Hard drive, 4 MB RAM Printers: 78 Printers 43 - Hewlett Packard LascrJets 3 - Laser)et III 36 • LaserJet II 4 - LaserJet Plus 17 - Dot-Matrix, High Speed Printers I - Hewlett-Packard Pour-Color Plotter 17 - QuietWriters Terminals: 48 Terminals 16 - ADDS 3220 Terminals 32 -177 Courier Terminals (3270 look alike) i i i i • Page 52 1L • • apMdttNo 9S" ~pettdatl . DO -q V. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Blair, Goggan, Sampson & Meeks is an Equal Opportunity with not only the letter but the spirit of the law regarding ithe Civ l Rights Act oalways 9964, and related equal employment opportunity legislation. DeMetris A. Sampson, a partner in the law firm, serves as BGSM's Affirmative Action Liaison Officer for our North Texas (Dallas) Regional Office. Our law firm demonstrates strong support for minority and women business enterprises, as well as to ourcommitmem to providing ownership and career opportunitles for minorities and women within our law firm. BOSM's Affirmative Action Program and Minority/Women Business Enterprise (M/WBE) Expenditure Plan includes minority and female participadon in the following ways; • Partnership/Ownership Interest (Ms. DeMetris A. Sampson is an African- American female who has been a partner in the law firm since February 1989 and has been included In the law firm's name in North Texas since June 1993.) • Employment of Minorities and Women Within BGSM (Our law firm employs a high percentage of minorities and women, including the rands of attorney, managerial and professional staff.) Total Dal ac Clam. Total Minority 55% African American 59% Hispanic 18% Other Ethnic Minorities 23% Anglo 45% • ~ Female 73% Male 27% i Page 53 • , 4 - - - - r.rr~.rrrrrrrrr► • • F IWUMI. iA - i ~AL Minority 30% Anglo 70% Female 80% Male 20% a Minority Law Clerkship Program (in addition to providing career opportunities through permanent employment, we have also provided a Minority Law Clerkship Program each summer since 1987.) a Subcontractors (Our Dallas office contracts with minority and women-owned firms for legal assistance, process service and abstract and title research.) • Vendors and Suppliers (We strive to utilize local minority and femal"wned business whenever possible.) Our law firm's policy is to give preference to M/WBE companies, MlWBE have provided the following goods or services; office supplies, bulk purchase of envelopes, engraved stationery and printing, compute' services and equipment, travel needs, temporary labor, refreshment supplies, florists, catering and I media relations). i Our commitment to Affirmative Action and the inclusion of minorities and women in all aspects of our contract Is unparalleled by any other delinquent tax collection law firm, • Page S4 •t a rvi c A K ~r;r • 0 r +get>ttaNo gS-fl 2Z agandal nata.~.. agtt2-, W. SUGGESTED PERFORMANCE CRITERIA Because an effective delinquent tax collection program is comprised of a comprehensive set of services, we recommend that numerous criteria should be utilized by the City of Denton in evaluating the success of a contract. However, revenue production is the reason the contract exists and therefore, should be the key element of consideration. In response to the RFD's request for suggested performance criteria, we have detailed a number of items which the City of Denton can quan iflably measure the success of the contract. These include: Revenue production • Quality and success of the Iidgation program • Scope of services provided • Degree of account resolution 0 Degree of law firm's responsiveness to taxpayer concerns • Quality of the data processing capabilities and support provided • Quality and extent of overall staffing and assistance to the City of Denton • Quality of management reporting The mom Important criterion for the City Dentort to utilize In evaluation of the success of the contract Is revenue production. This is the primary goal of the contract and can he measured by the City on a monthly and annual basis. A proven and predictable track record is critical as both a selection criteria and performance measure. The overall quality and success of the law firm's litigation program can be measured through reporting techniques. The quality of the lawsuit preparation, the timeliness by which the cases are handled and the disposition are all important performance criteria. • The scope of services provided is indicative of the success of the program. A comprehensive set of legal, collection, research and support services should result in a greater amount of revenue. A workplan should be continually monitored and updated based on collection results and information provided in management reports, Additional performance criteria related to scope of services include: the amount of generalized and targeted mailings to delinquent accounts, the amount of successful telephone collection calls made, the success of the litigation ® conducted and the support services provided to the City, ' • • Page SS • O • m • Nc 2 Date =00811Z The extent to which problem accounts are resolved, and the law firm's efforts result in improved collectibility of a tax roll, is an important performance criteria. The results of various research efforts involving bad addresses, lawsuit service and unlocatable taxpayers can be measured. The degree of a law firm's responsiveness to taxpayer concerns can be measured by the quality and timeliness of the law firm's correspondence sent in response to taxpayer inquiries, by measuring the volume of taxpayer complaints and resolution of these problems and by observing the staff assigned to this project. It goes without question that the staff must conduct business with taxpayers on behalf of the City in a professional, fair and equitable fashion. The data processing support that the law firm makes available to the City is another important performance criteria. It is critical that the law firm's technology be state-of-the-art, the hardware adequate to handle large quantities of data rapidly and the programming staff knowledgeable. The staffing that the law firm dedicates to the project is an important performance criteria. The quality and experience of the staff assigned to this project are both Important determinants. The extent to which the project team is responsive and is capable of serving as an extension of the City staff is vital to the success of the program. The City can measure the extent of direct and indirect assistance it receives from the law firm and quantify the amount of City staff time that can be redirected to other projects. The quality and timeliness of the management reporting is important. Reports that detail collection results, workload statistics, status of accounts and litigation tracking are helpful to the monitoring of a collection program and serve as valuable tools in revenue forecasting and measuring the success of the law firm's performance. PERFORMANCE COMMITMENT Based on our law firm's proven experience from 1986 to 1993 in collecting delinquent taxes for the City of Denton, and our current representation of Denton ISD, we are in a unique position to make collection projections. We commit that our collections will total at least 60% of the • total amount of base tax of current year delinquency that exists on July 1 (the new "turnover" roll) by the end of the twelve month period beginning July 1 and ending June 30. We will maintain this performance standard during each year of the contract. If we do not meet this commitment, we will supply the City $4,000 worth of legal services, programming and computer services or a cash payment, according to the City's preference. If • the City should revise its criteria at any time during the selection process, we would welcome • • Page 56 • o . • f I ,QlpdoNo Cf 5~ -OzZ-- Otte the opportunity to negotiate any additional desired services or enhancements with the City. BGSM pledges to exercise good faith and due diligence in the collection of delinquent taxes for the City of Denton and in our efforts to meet this performance goal. It should be recognized that the law firm should not be penalized If adverse economic conditions or other factors beyond its control cause a material reduction in the collection percentage. In addition to maintaining this standard of performance, BOSM wlll, at no cost to the City, file bankruptcy proofs of claim for utility accounts. In addition, BOSM will provide assistance in the collection of paving and mowing liens through the inclusion of tax iawsults. r I 9 • Pager • 4. - : t'i+P ~ '~r4;i Y~ F ~ ~ 1 k'~ r U ~i ~~J( ~ S • l +A • r Verde No q 5 -6 2Z 4gettdatltem - %to 6~ e S la VII. D"ION OF RESPONSIBILI'T'IES We have attempted throughout our proposal to describe our law firm, staff, data processing expertise and the scope of services we employ to collect delinquent taxes for the City of Denton. The purpose of this section is to recap the points listed in the City of Denton's Request for Proposals under "The Law Firm Will" and "The City of Denton Will," ;R QnsibW1ks of the LAw Firm BGSM affirms its wilhngness to provide the following servioes and functions as stated in the RFP: • Receive the delinquent tax rolls. • Substitute as attorney of record on all existing suits and interventions; pay all court costs and filing fees. • Provide all research and paperwork necessary to provide taxpayers and Tax Collector with correct or corrected information to update the City files, including forwarding addresses as located. • Submit monthly reports of suits filed on accounts and duplicate letters sent to taxpayers. • Provide a quarterly report to staff that could be submitted to the City Council for review, Provide monthly reports on pending suits, judgments and foreclosures. • File suits on delinquent taxpayers that do not respond in accordance with the directions provided by the City of Denton. • Intervene in delinquent tax suits filed by Denton County and Denton Independent School District, if applicable, pursuant to Section 33.44, Texas Property Tax Code. • Firm shall be responsible for filing of delinquent tax claims in bankruptcy proceedings including claims and actions required to be filed with Federal agencies such as FDIC, I-SL.IC, and RTC; and consult with City of Denton attorneys on such matters. • File suits for collection of delinquent taxes pursuant to Sections 33.41 and 33.42, Texas Property Tax Code, or file on judicial foreclosures. • Follow through on all suits and provide reports to the City of Denton. a. Provide recommendations, for qualified individuals pursuant to Section 33,02, Texas Property Tax Code, that an installment agreement be entered into between City and taxpayer. • Provide legal support and research as needed. • a. Provide recommendations to not pursue a case if a case is weak or the likelihood of collection low or unlikely. b. Provide City of Denton's Assessor/Collector legal advice and written opinions upon request. • Only collect those groups or individual accounts which the City of Denton determines in its discretion are to be collected by firm. • + Provide all supplies and postage necessary to handle billing. , • • Page Sg • d • G3 f r • Obtain the ownership records of all property on which a suit is filed at firm's expense. • Provide total and complete delinquent tax collection, including court filing fees and all other costs, pursuant to Sections 33.48 and 33.07, Texas Property Tax Code, and indemnify and hold the City harmless in any suits or liability that may result from the delinquent tax collection. • Propose a method of assuring that the amount of delinquent taxes collected by the Law Firm will be at least equivalent to the amount projected to be collected by in-house staff for the 1995-% and 1996-97 fiscal year. (See method of assurance at end of this section.) • Propose a method of payment, • Be entitled to fees on amounts actually collected while this contract is in effect pursuant to Section 33.07 of the Texas Property Tax Code. • Provide information concerning minority involvement and indicate consideration of minority sub-contractors. Indicate the ethnic makeup and the sex of your staff, presently and projected, if not presently fully staffed. • Coordinate the filing of all tax suits with the City Attorney and all tsx collection efforts with the City of Denton Tax Department. a Provide for copies of all tax files to be turned over to the City Attorney when the contract is terminated. • Make recommendations to Tax Department on accounts to be collected (i.e. mobile homes, aircraft and business personal property) by summary seizure (Tax Warrants) and perform all legal work necessary to reduce those accounts to payment of taxes pursuant to Sections 33.21, 33.22 and 33.23, 'texas Property Tact Code. • Maintain collection rate of sixty (60%) percent of delinquent tact base, with penalty clause initiated on the collection agency if this is not adhered to. • Provide concentrated effort tolvard the collection, within the statute of limitation period, of delinquent mobile home and business personal property accounts. Rg*Do sib les of the Clty of Denton BGSM accepts that the City will perform the following functions; • Provide a roil of delinquent accounts to be collected. • Provide for updated information (i.e, adjustments, payments, errors, double assessments, or other discrepancies) on delinquent accounts to be forwarded to the law firm. • • Be able to terminate contract with thirty (30) days notice. • Pay the law firm's fifteen (15%) percent of the amount of all delinquent taxes, pursuant to Section 33,07, Texas Property Tax Code, penalty and interest actually collected an paid to the collector of taxes during the term of this contract. The collector shall pay said funds monthly by check, • Notify the law firm of any taxpayer that has filed bankruptcy and the City has been ® notified of such. • • ` Page 59 • d i gastdedo. +t~ta>tlrattt.,, rate 0 'he city will allow an additional six (6) months to reduce to judgment all suits filed prior to the last date of the contract. • Prepare and mail tax statements at least thirty (30) days [no more than sixty [60] days) prior to delinquency date, giving notice to the delinquent taxpayers of the potendat add-on cost of collection. a _ hge 60 • w • r ~enoaao. q s - S`"~ 112 VIII. ATTORNEYS FEES We propose to collect delinquent taxes for the City of Denton for a fee in the amount of fifteen percent (1396) of the amount of taxes, penalty and interest actually collected (Sections 6.30, 33.07 and 33,48, Texas Property Tax Code). No fee will be payable until the delinquent tax money Is collected and in the City's treasury. Our fee would be payable on a monthly basis. This is a standard arrangement throughout die state acid was previously promulgated by the State Property Tax Board. At no additional cost we will provide legal representation in connection with all•phases of collection activity as described previously. It is the considered legal opinion of HOSM that contracts and compensation for private attorneys in the collection of delinquent taxes are strictly governed by Texas Property Tax Cate Sections 6,30 and 33,07. It has been consistently held by the Courts of Texas and Office of the Attorney General of Texas that taxing units have no authority to hire or compensate attorneys except by that authority expressly conferred by statute. e Page 61 j ..-........p....:.,. i. ~ a ...,rr.:: ~.+v_. _ i + . Jet+l+1 }Y °1 i r~ ,'(ai t,k,'~1ki;rt .w~,;1.E;"... • m • ~pen~No.,,,,q✓~- Z W08 APPENDIX A • • • tgertdalt~Ste. Late .708?12 CURRENT CLIENT LISTING COUNTY CLIENTS Dallas County David Childs Tax Assessor-Collector County Reeords Building Dallas, Texas 75202 (214) 653-6056 Aunt County Joyce Barrow Tax Assessor-Collector P.O. Box 1042 Greenville, Texas 75402 (903) 455.1210 Tarrant County June Garrison Tax Assessor-Collector 100 Fast Weatherford Street Fort Worth, Texas 76196 (817) 884.1106 • i s i Page 63 i aQllldiNO Qlle q ~,a J l 2 CITY CLIENTS City of Alvarado City of Caddo Mills W. E. Carroll Ginger Hudson fax Assessor-Collector City Secretary P. 0. Box 75 P.O. Box 477 Alvarado, Texas 76009 Caddo Mills, Texas 75135 (817) 556-0826 (903) 527-3116 City of Arlington City of Carrollton Dale Hicks Beverly Murphy Tax Assessor-Collector Tax Assessor-Collector P.O. Box 90090 P.O. Box 115125 Arlington, Texas 76004 Carrollton, Texas 75011 (817) 459-6262 (214) 466.3128 City of BarionvWe City of Cockrell HW Ann Marie Moore Sally McGlaun City Secretary City Secretary 1941 East Jeter Road 4125 West Clarendon Drive Bartonviile, Texas 76226 Cockrell Hill, Texas 75211 (817) 430-4052 (214) 330-6333 City of Bedford City of Commerce Jim Walker Roger McKinney City Manager City Manager P,O. Box 157 1119 Alamo Street Bedford, Texas 76095 Commerce, Texas 75428 (817) 952.2100 (903) 886-11 (10 • Town of Buckingham City of Dallas Carolyn Jones Jayne Morrell Town Secretary Tax Assessor-Collector P.O. Box 831452 1500 Marilla Street, 2CS Richardson, Texas 75083 Dallas, Texas 75201 (817) 373.2588 (214) 670.3443 • Page 64 O 0 t • cra • qs-az z ~Atltlde4t~~~..- Ate City of Dalworthington Gardens City of Joshua Greg Shugart Kay Hall Budget Director Tax Assessor-Collector 2600 Roosevelt Drive 109 N. Main Arlington, Texas 76016 Cleburne, Texas 76031 (817) 274-7368 (817) 558-8101 City of Euless City of Keene Debrah Forth Kay Hall Director of Fiscal & Human Resources Tax Assessor-Collector 201 North Ector Drive 109 N. Main Euless, Texas 76039 Cleburne, Texas 76031 (817) 685.1444 (817) 558-8101 City of Forest HM City of Keller Cecil Berry Beverly Queen Director of Finance Finance Director 6800 Forest Hill Drive P.O. Box 770 Forest Hill, Texas 76140 Keller, Texas 76244 817) 568.3000 (817) 431-1517 City of Frisco Town of North Rkhland Hills Frances Justus, RTA Debbie Durko Tax Assessor-Collector Budget Manager P.O. Drawer 1100 P.O. Box 820609 Frisco, Texas 75034 North Richland Hills, Texas 76182-0608 (214) 335.5555 (817) 581.5536 1 City of Grand Pralrk City of Pantego Sophronia Johnson Larry Smith Revenue Manager City Manager • P.O. Box 534045 P.O, Box 13210 Grand Prairie, Texas 75053.4045 Pantego, Texas 76094 (214) 660-8125 (817) 274.1381 • r Pape 65 4 c, • r ~ • 95"- z AW6 fktle s City of Pelican gay !l Z City of Sansom Park City Shirley Secretary Ctary Deana Keplinger Secretary 1300 Pelican Circle City 5500 Buchanon Azle, Texas 76020 Fort Worth, Texas 76114 (817) 444.1234 (817) 626-3791 City of Prosper City of Seagoville Radeane Herron Donna White Tax Assessor-Collector Tax Assessor-Collector P.O. Box 65 702 North Highway 175 Prosper, Texas 75078 Seagoville, Texas 75159 (214) 347-2313 (214) 287-2050 City of Qu Wan City of Sherman Chris Hadjison Greg Krueger City Secretary Director of Collections P.O. Box 39 205 North Travis Quinlan, Texas 75474 Sherman, Texas 75090 (903) 356-3306 (903) 893.9673 City of Rio Vista Georgia Jones Tax Assessor-Collector P.O. Box 129 Rio Vista, Texas 76094 (817) 373.2588 City of Rlver Oaks Bonnie Gibbs Acting City Secretary • 4900 River Oaks Boulevard Fort Worth, Texas 76114 (817) 626-3791 s e e Page 66 15t~ z • a+ a VeWoNo Z 4ge*l 0ste._.~ SCHOOL D . rCT r IEM Alvamdo ISD Delta IISD Dr. Ben Colwell, Superintendent Jayne Morrell, Tax Assessor-Collector 110 South Campas 1500 Marilla Street, 2CS Alvarado, Texas 76009 Dallas, Texas 75201 (817) 783-6807 (214) 670.3443 Bland ISD Denton ISD Larry Johnson Gilbert Bernstein, Assistant Superintendent Superintendent Denton ISD Central Services P.O, Box 216 1307 North Locust Strut Merit, Texas 75072 Denton, Texas 76201 (903) 776-2239 (817) 387.6151 Caddo Mills ISD Grand Prairie LSD Jerry Holland, Superintendent David Childs, Tax Assessor-Collector P.O. Box 160 500 Elm Street, Records Building Caddo Mills, Texas 75135 Dallas, Texas 75201 (903) 527-3164 (214) 653-7811 Community !SD Lancaster LSD Ronnie McClendon, Superintendent Gary Faunce, Assistant Superintendent P.O. Box 400 1105 Westridge Avenue Nevada, Texas 75173 Lancaster, Texas 75146 (214) 853.2474 (214) 227-1102 I Crowley ISD Lone Oak ISD Dan Allie, Budget Director Bob Fannin, Superintendent P.O. Box 688 P.O. Box 38 Crowley, Texas '76036 Lone Oak, Texas 75453 (214) 294-5800 (903) 662-5427 e ' 0 0 Page 67 • .i • I- ~ • w727 Ic- gv6No fete ' io rz Melissa ISD Wolfe City ISD Mary F. Reed John Sneed, Superintendent Tax Assessor-Collector P.O. Drawer L P.O. Box 127 Wolfe City, Texas 75496 Melissa, Texas 75454 (903) 496.7333 (214) 837-2360 Rio Vista LSD Prosper LSD Dr. Sharon Miles, Superintendent Radeane Herron P.O. Box 369 Assessor-Collator Rio Vista, Texas 76093 PA Box 65 (817) 373-2241 Prosper, Texas 75076 (214) 347-2313 Sherman ISD Dr. Bob Denton, Superintendent P.O. Box 1176 Sherman, Texas 75091 (817) 893.9673 1 • Pace 68 . M 11i 9 • W • No. 2' Otto _ ?rZ QTH Ee rr,r M Dallas County Community Tarrant C.1m.-ty Hospital College District District David Childs June Garrison Tax Assessor-Collector Tax Assessor-Collector County Records Building 100 East Weatherford Street Dallas, Texas 75202 Fort Worth, Texas 76196 (214) 653.6056 (817) 884-1106 Dallas County School Tarrant County Junior FAualintion Fund College MOM David Childs June Garrison Tax Assessor-Collector Tax Assessor-Collector County Records Building 100 East Weatherford Street Dallas, Texas 75202 Fort Worth, Texas 761% (214) 653-6056 (817) 884-1106 Parkland Hospital Tarrant County Rural Fire District NAM N I David Childs June Garrison Tax Assessor-Collector Tax Assessor-Collector County Records Building 100 East Weatherford Street Dallas, Texas 75202 Fort Worth, Texas 76196 (214) 653.6056 (817) 884-1106 Tarrant County Fresh Water Denton Road Utility District #1 District N1 Lune Garrison Bob Leared Interests Tax Assessor-Collector Tax Assessor-Collector • 100 fast Weatherford Street 1III Katy Freeway, Suite 725 Fort Worth, Texas 76196 Houston, Texas 77079.2197 (817) 884-1106 s Page 69 a~j e c~ • Oz~ VftN0 96 " FORMER- CLIENTS In its history, Blair, Goggan, Sampson & Meeks has never had a contract terminated for cause or any other reason. Over the years we have gained and lost clients in the usual course of business, resulting from changes in personnel, changes in the political situation and numerous other factors. This has only occurred at the end of contract periods. We regret that some of our clients chose other representation, because in each instance, BGSM had achieved increases in collections and performed our collection activities in a professional manner. There are three significant instances of non-renewal of contracts within the past five years which in our opinion merit an explanation. S1tJt_of °ton BGSM, along with local Denton attorneys Mike Gregory and Curtis Loveless, represented the City of Denton from July 1986 through June 1993: In spite of our success at both the City of Denton and Denton ISD, the City chose to change law firms to McCreary, Veselka, Bragg & Allen and their newly formed joint venture with the local, politically active firm of Hayes, Coffee & Berry, Fort Worth ude2 doh to DL+trict In 1984 we were awarded a tar collection contract with the City of Fort Worth, which also collected taxes for the Fort Worth Independent School District, We had no direct contract with the School District nor any working relationship with it. All of our dealings were with the City, In 1992, the School District terminated its relationship with the City. It also decided to hire its own separate tax firm. The District's tax collection rate was diminished as a result. City of Fort Wnreh Our longstanding contract with the City of Fort Worth came up for renewal this year. Despite a strong recommendation supported by significant statistical data by the City Tax Office and the • City Manager, the Council, by a five-to-four margin, awarded the contract to a local group headed by former Fort Worth Mayor and State Senator, Hugh Parmer, While we regret the loss of the clients listed above, it is important to note that during this same time period our longstanding contracts with such major clients as Dallas County, City of Dallas and Dallas Independent School District, City of Carrollton and Tarrant County were renewed e and extended for multi-year periods. • Page 70 D 0 0 0 1. 4W4s APPENDIX B Date 6 • i • w • • ,gsWpNo. g~'.Q +s r BLAIR, GOGGAN, SAMPSON & MEEKS July 1994 Mailing Schedule 6 S tats t-mil 11-zl_ t 1991 FORMS IAPI. IAF'ESEN1 SAMPLES 5% 95% 'rO'1'Al.# '1'OTALDOLLARS JURISDICI ION DATA 3307 APPROVE0 RI (D 10 U.P. CIILCKI D MAILED MAILED MAILED MAILED Lily Of Dallis Y I 1 ''19 - 07/08 07f08- 07108 07/11 - 07/13 _ 26,860 $33,592.277 - - - Dallas County (Only) Y Ii O7/IlG 07106 07N8 07111 07/11 _ _ 33.658 _ 512 708,037 Grand - lrainelSD f' Co 07109 071II 07/11 1791 $171Q54Q ' Lancaster ISD G J Co 07/08 07111 D7l11 515 5809 727 ilyof[armllton Y a (Il 9 07N6 07106 07N8 07111 - 529 55120p) - - - - - City of ClrandPrairie Y Y 117/06 07/06 07/07 07/08 07/11 1,991 $1022483 - - City of Sca8ov111c Y Y RGl29- 07W 07106 07/11 ( 07111 SOS $178 127 it, of CnckrcllFlill 1' Y Dallas Co 07108 07/11 07/13 IUfi 537,014 I'rarrantC only('loral) Y N 06/29 07108 _ 07/08 07111 - 07/11_ _ 07/1.1 25,756 511,83027 - - - City of sdin8ton Y N U6129 07 07 07!01 07/08 - 07/13 2,025 51,186,328 Rui Vista ISL> Y Y 06124 PC 06129 06129 202 S91,825 _ ~ ' (lily of Rio Vista Y Y b7/i2 F'C 07112 07112 54 520,557 - -.r - Ctty Of Itner Oaks Y Y 06!29 I'C O7 Q6 D1/OG 181 $971852 -76 Johnson(AD•-JoshuaClly Y N 08105 081(18 03110 08112 141 528,676 - Johnson (AD-Kernc ('ily Y N ORlOS 08!08 08110 08112 127 $101,458 + - - - krhnson('o-A1vISD!00)' Y N D7rUS 0706 07106 07/07 07108 07113 748 _$165,862 _ Jolmon(a- OrmdvwCitY N 07105 07/06 07/06 07107 07/08 64 $16.310 l lung (ounly('Folal) Y N - 07/07 07/00 07/06 - 07/07 - 07/08 07/11 7,971 _ $1.007,193 Demon ISU Y N 06130 (17105 07!08 07111 07/11 07/1.1 - 1,651 51 ~832b6 Sbanuin(it /15D Y N 06121 07!05 07y7 01/11 07/11 07113 1,351 $1,032,641 4 Dentou RUD #1 Y N PC 07106 07 .5 - 07m6 20 $14589 • j City ul' Frisco Y N PC 01112 12 - - - 1 168 543,556 [Cily of Prosper Y Y F'( 07/07 - 6 - ro7 2s _ 54,526 - - Prosper ISD Y Y PC 07!13 _ 07!14 $72,420 i Con i amnrry lSD Y N-_ 0r~ 0W 5~__- -437 295,9 ~SVulfeCi(ISD IduntCO Y Y PC 0 07106 457 5207,660 { Total North Texas Regional Mailing: 103.606 SbR_s2K M" nm 94IUly • Q s - ca s `AMONG 9s". 0 2? "1l~.111h1, UWb9Wlr, sAMPSQN M Mi Kjp "Y°1R~f A^rWMYS-Ary ■W ~.O 1009 4"V SU4 [AIM, WCONWV O,I,IIT OM•a,,'I"`M p1r0W1 Iov1~,►, /6~irm Jrly l3, IM A=UXT XMMU + t -i( Dear DeRtse In4pendant eatiool Dimtriot 71haleyval Out law lira he' bon retained to fhctituta farmed oellooeien rrooaduroe to aa11 t delinqusAt tries avail su the Dentem [DO"og ant do=pe! ylstrlot oa the strove referenced aoeount, rhia letter and the late lea otauwnt *axles" are Your notice that these tam" are deilaguant aed aye boon turned suet to go for collection. tou meat Mks payment within "p days frog the date of this latter or tees loreeloeure precoNings desired to satisfy your tax dali1eol "111pq YYoou, wily p:o Use `MOM bi6or for crib, UP." 1111 ap sylE eglnek cost ineS "n Of the court that yyoeu be require! to ffeoy all related Mntlly am d R9 settornay a tees, is aieitien to your M1e nt texas, In or"# to avoid the above proso"iays ritA sovocisted soaks am* iaoonvenionase, #lease return the enclosed ataMawant along with your cheek pallwf tot plot" CAMPO Deatw r,a,D. co:lootieee P. 0, 1" 00006 Denton, wewas 7470t-a906 it you believe this statowat is in error, or that coy are entitled to en ejen !0R, or if you do not owe the property, plasm IMM tai. lac shies at l,0, sow Iit7, neaten, 'Nxae 7{10e sad mupp.y thre AAQWz jU" along with Tour eamnaate, alnaerely, e fL71Ie. 0-0-0-0AM0 eA1tP10M9 MRS • topAoon it Attorney at Law Meer • rtnoie eurs ~ • Li I • • PHOTOCOPY ~qftjyo PlI URN THIS SrATIMSW M?W your 'AvM td~112 aauraw arM,w Ariwst& oanrC: r not wa PIA Asrt 7a~ 116169 - MH M O~iI~10kf Worn MILLe gem M. 1~ a. too, ON mb Im is ► me r/W PMUTY a R%iii/r ! 17-IRA • --'-.--.......~2~!~ 31~,:~_ _V ~ lid.. PAY TM S AMOUNT • Q • • •-~CRNty ~ PARTNCRCHIP V a.L[31Nq RRgc Cfl ■IONA'. CORPgRITIq Ha ~ r D ■0, 112 T~ J., o tar ut5w.,r+ 2, Rtt. w-•v.., .t. ,APPROY~A.L FORM irly-+tt. .f4 lf~J' r•x ,f n, e.,.f~rf September 14, 1994 ti .f1 Na Q ch~ywdd ACCOUNT NUMBER ate AMOUNT IZI $1,935,31 JURISDICTIONS; DsNTON I.S,D, Dear Denton I,S,D, Taxpayers By our letter of July 13, 1994 you were advised that delinquent taxes were owed to the Denton ISD. effective September 1, 1994, the Denton Central Appraisal District is no longer responsible for collecting Denton :SD taxes. All tax payments gust now be rude to the Denton County Tax Office, The records of the Tax Assessor/Collector's Office state that you remain in default and currently ove tax, penalty and interest as shown on the above-referenced account. Lawsuits will be filed on behalf of Denton ISD to enforce the collection of these delinquent taxes, with the aid of a title cos; ny, we are verifying the ownership of your property in preparation for a lawsuit. Any court Judgment taken against your property could result in a tax sale of the property on the Courthouse steps, Attorney's fees and other costs continue to increase as additional legal steps become necessary. In order to avoid this costly process, immediate Payment must be swede by returning the enclosed statement and your check payable Los Denton County Tax officr Denton ISD Collections P. 0. Sox 1249 Denton, Texas 76202-1249 DO NOT HUITATR. This final notice does not eawre tbwt 2" have not • already been,sued2 there is no grace period, it you believe that you do not over this tax, or that you are, entitled to an exemption, or if you do not own this property, please write or call our law office at (617) 183-4460. Provide the account number with your comments. Thank you for your assistance in resolving this matter. Sincerely, 4f FLAIR, 000GAN, SAPWSON p MZZAS • J SB;np Stephen Blair Enclosure Attorney at Lay • c~ • BI.A~A, uDG1AN, SAMP!OQN & MECXS 4'-:RN[YM A--,AW l.elB!T- i 1 ■3 DDx fi7 / ~ t, 724.3 4.4' MSKINN4v i•,ii. Q,N-ON . 'Dx.i 747,7 N ~i IDS j,p ♦UD fif•41i• June 15, 1994 u,~V~ MM A~'pM A! Nil Pwr d w Chow I~e' • Call (elf) sea-a+60 for React Jurount Due Dear Taxpayer, A lawsuit for non-payment of delinquent taxes has been filed against ttahexeso, this glawsuitdhoo account boon 09 laced Sn a priority IStatu andpis bein prepared for final judgment, g 9 Our law firm takes seriously the roe texas owed to our client, Denton T Dfb and ylto is lour inten4tugto + Prosecute this lawsuit to the fullest extent allowed by low, unless the total amount of taxes, penalty, interest and Court Costs are paid within fifteen (15) days of the postmark date of this latter, we will continuo Judgment proceedings against this property, Foreclosure of tbis iue9sent could result in the seisure or sale of our property oh the Courthou" steps, You are not entitled to any urther notice before this action is taken, 00 NOT HESITATE, ACT NOW, This notice does not guarantee that a Judgment has not already been granted in favor of our client. To obtain the total amount# mutt due or if you believe you are not responsible for these taxes, You contact our off.ce at (917) 363.1660 and ask • for the Litigation Department. Sincerely, • DLA1R, 0000AN, ShWSON i ►6i'SKS • • s8~np Stephen lair Enclosure Attorney at Law • 0 • • No.. age RETURN THIS STATEMENT WITH YOUR PAINT - MAX: YOUR CKCK MOAEY OAOEA v OR CASWFZ$ CHECK PAYASLI TO APPROVAL F` XXM DENTON COUNTY TAX OFFICE A A~►eo+ui w AMro+M MAw PAYNIEN' TO _ to DENTON COUNTY TAX OFFICE - - ` DENTON 130 COUACTIONS P. 0. EOX 1246 DENTON, TEXAS 7IM2.12a BE SURE TMS A03M$$ "W$ IN ENVELOPE WINDOW PROPEBTT DUCRIPTIONs A0623A A. HILL, TRACT 30, ACm 0.170, OLD DCAD TR 39 ':AXING JVAi3DICTIONS INC:,L'OF•C IN THIS STATENENTI DEN^.ON I.S.O. MARS aASE TAX PENALTY i MTEMS TOTAL AID 1993 1992 114.96 _ ,.........59.66. _ 174.61 1991 107.91 70.79_,.. 178.70 .990 _ 96.03 _..,..7¢,. 4 172 27...... 1989 3.25 _.77.62... 160.90 198.8 ¢4.81 69.46 -°.134,.,27 1987 60.21 72.73 132.94 • • 09 79 34 138. d3 19,88 _ w . 1985 52 Q. ..__._..77.21 129.23 1984. 35.20 _._,....,57.10 92.30 • 1987... 32.40 57.02 89.42 ~ • ~ 1974-19822 (M 126.56 237.11 363.67 70TAL 5954.58 0990."3 936,31 PAY ! THIS AMOUNT • e+ • r Ewa RETURN THIS STATEMENT WITH YOUR PAY Z YA<E YCLA C4CK. MONEY ORDIN OA CA" r$ C'!CN'PAYASLE TO DINTON CBNTRAL APPRAISAL DISTRICT MAIL PAYMENT TO FoDO116WON I,I.D. COLLECTIONS 0. BOX B0?0M WTOK WAS 74903.0701 SN SURI 14S AODRBSI RHOW$ NV MNVl.on WINOOW APMVAL FM 11 AII~'MM Net pNnom, • tlr~p au Tm, AMOVNT (MOWN SLOW MAY NOT INC6011 CO/TI 01 CC,UIT 04 PNO WHICH MUTT N PAIO OP A TAX 6AWWIT WU M O4M11/10• YEARS MAIN TAX PNNALTY + N1T111N1T 9 MIN 0 PAID i 0 r A c? Q CITX COUNCIL c 44 Y1 • to r • y~C M t,*• ~ ~ A O A A d 1MSTMN. HES AgOndaNu~ Agendalt0 ,$4- -;S; I (Tate RESOLUTION NO. A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 4, 1995 TO JULY 5, 1995; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the regular Council meeting of the City of Denton scheduled for July 4, 1995 is hereby postponed to July 5, 1995; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the regular Council meeting to be held on July 4, 1995 be postponed until July 5, 1995. SECTION II That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBFRRY, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BY: A APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: e ~ A o A 0 c~ Q w ,1A CITY COUNCIL c c~ of x 4 M A !s e 4 ♦ r c e t ` o0O0 C • • Agenda Nc Agvdalfam,,,~;,~,,;'~~.~B i~alo ~q 102 3 / DATE; June 20, 1995 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF 'mE CITY COUNCIL. FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER DEVELOPMENT PLAN LINE FUNDING FOR WAL-MART FACILITY AT LOOP 288 AND SPENCER ROAD. RECOMMENDATION-. The Public Utilities Board at their June 6th meeting recommended approval of development plan funding for 1,810 feet of 16 inch and 12 inch waterline for an estimated amount of $102,741 and 990 feet of 12 inch sewerline for an estimated amount of $71,817. Total development plan line participation is estimated to be $174,558. SUMMARY: Wal-Mart is proposing to build a superstore at Loop 288 and Spencer Road. The store will contain just under 200,000 square feet. The economic analysis shows a net benefit from Sales Tax and Return on Investment from Utility sales, etc, of $461,713. The benefit was calculated based on 110,000 square feel of floor area. This is the net increase over the existing store. Also, it is l assumed that the grocery portion (53,000 square feet) will produce no sales tax revenue on 48% of its sales. l he "Plan Line" policy states [hat to be considered for funding, a retail store should have the majority of its sales to customers, outside of Denton, Wal-Mart estimates that 70 percent of its • sales will be to Denton citizens. The Public Utility Board interpreted this provision as a guideline versus a firmly fixed rule and recommended approval. BACKGROUND: Development plan participation is being requested in accordance with City Council Resolution No. R91-008. Each year $250,000 is budgeted for this purpose in both the Water and Wastewater Department. What is not spent each year is put into reserve, up to $2,000,000. To date, only • • wastewater waterlines extended to Camping World and Exposition Mills have been funded by this policy. The exact City participation will be determined by competitive bid. This will be brought to the Council at a later date. • c+ • i p~No,.r S ~ ~a~ndil S ~n PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDa dg City of Denton citizens, Water Department, Wastewater Department and Wal-Mart. FISCAL IMPACT: The estimated cost is $179,558. It is within the FY 1995 budget of both Departments. RES4vma JY UB I ED: orrell , City Manager db *aqartlri Director of Environmental Operations Approved by- i Robert E. Nelson, P. E. Executive Director of Utilities j Attachment June 7, 1995 Public Utilities Agenda item • l 01 , 114p ~~j°7~, • c+ • ITEM~2 oMe~~~ JUNE 7, 1995 Jr'pD i c31 PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM R.E. NELSON, P.E „ EXECUTIVE DIRECTOR OF UTILITIES RE : CONSIDER DEVELOPMENT PLAN LINE PARTICIPATION FOR WAL-MART FACILITY AT LOOP 286 AND SPENCER ROAD. RECOMMENDATION The Utilities Staff recommends approval of development plan funding for 1,810 feet of 16 inch and 12 inch waterline for an estimated amount of $102,741 and 990 feet of 12 inch sewerline for an estimated amount of $71,817. Total development plan line participation is estimated to be ;,174,558. SUMMARY Wal-Mart is proposing to build a superstore at Loop 281 and Spencer Road (Exhibit I). The store will contain just under 200,000 square feet of retail apace, R draft economic analysis is attached (Exhibit II). Wal-Mart is providing information which will be used to update the analysis. This will be given out at the Board meeting. BACKGROUND Development plan participation is being requested in accordance with Cicy Council Resolution No. R91-008 (Exhibit III). Each year $250,000 is budgeted for this purpose in both the Water and Wastewater Departments. To date only two other projects, Camping World and Exposition Mills, have been funded d under this policy. The exact City participation will be determined by competitive bid. This will be brought to the Board at a later date. AGENCIES AFFECTED • Citizens of Denton, Denton Municipal Utilities and Wal-Mart. • i • C® • , lam ' FISCAL IMPACT LJ The estimated cost for our participation is $174,558. See Exhibit IV (CIP Detail Sheet) and Exhibit V (Financial Analysis) for further project financial. information. Prepared by Submitted by Ged P, Cos ove, P.E. .E. Nelson, P.E. Engineering Administrator Executive Director of Utilities ApproAwa- Director ed by fof Environmental operations Exhibit I, Location Map II. Economic Analysis III. Resolution No. R91-008 IV. CIP Detail Sheet V. Financial Analysis • • I • PHOTOCOPY Apl~hHo,q6 -n~=,~ ~NORTh s l Irw ~w ~ r SITE r L.eatlo. w,, • • • INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL WALMART, LOOP 288 & SPENCER RD, JUNE 7, 1995 Analysis Window: 5 years* Construction Cost: $174,558 As estimated by utility department staff Capital Cost: $79,839 see (1) Bond Amortization Debt service: schedule below (principal plus 7.5% annual interest) Return on investment: $47,292 see (2) Return on Investment (6% annually) scheduled below I Capital Cost: i (DEBT. SERVICE +R01) $127,131 Benefit Total: 1688,843 NET BENEFIT 461,7W • (1) Bond Amortization Schedule ! j (2) Return on Investment Schedule Principal Pmt. 2% Years 1.5 and 6% Years 6.20) (ASSUMES 20 YEAR LIFE AND 6% ROI) Begin Princp Intrsl Totar - - BI AnnJal Endhig Annum Year Balance Paymnt Paymnt Paymnt Year Balance De rec. Balance ROl 1 $174,558 $3,383 $13,092 $18,476 2 $171,175 $3,383 $12,838 $16,221 1 S174.668 $8,468 $166,100 $10,473 2 $166,100 $8,458 $157,641 $9,9661 ® 3 $167,791 $3,383 $12,584 $15,988,' 3 $167,841 $8,468 $149,183 $9,45811 • 4 $164,408 $3,383 $12,331 $15,714: 4 $149,183 $8,468 $140,724 $8,9511 5 $161,025 $3,383 $12077 $16,460'' 6 $140,724 $6458 $132288 $8443 - O.. TOTAL $16,917 $62,922 $79,839! TOTAL - X7,292 1 A tN r • 0 • w • • INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL WALMART BENEFITS Applicant's Property, Cities Net City's City's see Annual Net Tex Planl, & Valuation Tax Annual note 1 Equipment Unit Valuation Rate Lev Tax Levy over PROPERTY $8,600,000 ! 100 below 9Levy 1 5 Years $85,000 X $0.5809 $47,877 X 26% a TAX REVENUE $11,919 X b Years g agg City's Net Estimated City's Annual Annual Sales Tax see Annual note 1 Tax LNet Tax Sales Tex Levy over evy over Le below Lev SALES TAX $17,145,800 0.016 $257,184 X SYears 26% ° $84,298 X b Years REVENUE (1)(from productslservices) 21 Percent of Total Applicant's Force Labor Force Labor Total Denton I Estimated Living In Living In Force Labor Force labor Force Denton Avg, Annual Denton Multiplier Affected Sala EMPLOYMENT 235 100% t 236 X (1( 3 ° 706 ;10,800 • Total Total Annual Annual Disposable City's Income of Income of Cities Annual Net Affected Disposable Affected Sales Tax see Annual Nei Tax Labor Force Income Labor Force Tax Hole 1 Tax Levy over Le below Lsv b Yearn $7,814,000 40% - $3,045,600 X $0,016 348,884 X 26°k e $11,421 X b Yearn of • (1) This represents the net Increase over the costing store. Also, It is based on no salse tax from the grocery portion, I AQ • w • • INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL WALMART Estimated Value of Construction Materiats as Construction City's Net Cost of Percent of Material Cities Annual see Annual Net Tax Applicants Construction Purchased Sales Tax note 1 Tax Levy over Facility Cost in Denton Tax Le below Le 1 Year SALES TAX $8,600,000 40% $3,400,000 X $0,016 $61,000 X 100% _ $61,006 X 1 Year 11100 REVENUE FROM CONSTRUCTION % Contribution $ Contribution ROl UTILITY Monthly To To Over REVENUE Revenue ROt ROI 6 Years ELECTRIC $30,000 12 = $360,000 X 4.90% X $17,640 X 6 Years ~ % Contribution $ Contribution ROi Monthly To To Over Revenue ROl ROI 6 Years WATER $1,020 12 $12,240 X 7.80% X $966 X 8 Years = 774 • % Contribution $ Contribution R01 Monthly To To Over Revenue ROl R0i 6 Years WASTEWATER $929 12 = $11,148 X 12.00% X $1,338 X6Years ~ (1) This represents the not Increase over the existing store, Also, It is based on no sale tax from the grocery portion, 90 w ' 0 m • LDENTON' MUNICIPAL UTILITI a'cTR'c wArae LICY / PROCEDURES ES wASM"M POLICY TITLE I DIVISION ALL IMCTM DATE February 19 1991 Ci comcil Resolution 091-008 Z=dina Pelf n.. The City of Denton Utilities Department policy is to facilitate local sconomic growth through a program of infrastructure Financing. During its annual review of the Utility Department's Capital Improvements Plan (CIP), the Public Utilities Hoard shall consider the allocation of up to $500,000 annually to finance the construction of infrastructure water or sewer lines. This allocation shall consist of $750,000 from the Water CIP and $250,000 from the Wastewater CIP, That portion of each annual allocation that remains unobligated at close of the fiscal year shall carry forward into the following fiscal year. However, the cumulative total of said unobligated annual allocations shall not exceed $7 million at any time, ° Q,t f on 22Li= Infrastructure Financing shall ba.provided only toe 1) Industrial prospects which have committed to building facilities in Denton. Z) commercial/retail prospects which' have committed to building facilities in Denton and wbich$ A) sell a majority of their goods or services to individuals or businesses outside of Denton, or b) manufacture goods for consumption in Denton which were previously manufactured outside of Denton. e 3) Prospects which have committed to building r • • corporate headquarters facilities in Denton. PACE OF E3 IN • • d` Infrastrugture FffianCIng Pbllgy page TWO ti All requests for Infrastructure Financing shall be s•abject to the economic analysis detailed in this Policy, This analysis shall determine project costs and benefits over a five year period. Infrastructure Financing may be allocated only if project benefits are equal to or exceed project costs. For purposes of the economic analysis, Project casts shall consist of 100% of, • Debt service associated with the subject utility line's construction, and Return on investment associated with the completed subject utility line Project benefits shall consist of 23% of, gf" Revenue from ad valorem tax on prospect's local propertye plant and equipment qV Revenue from sales tax on prospect's products and services sold by the Denton facility X Revenue from sales tax on local purchases by the Denton-resident labor fares generated by prospect's locating in Denton and 100% of, Revenue from sales tax on prospect's local purchase of its facility's construction materials • Revenue from that portion of the prospect's local consumption of Denton utilities that is contributed toward the return on investment Funding of projects shall be granted based on the date of submission of applicationo i.e., first come, first served, d • • WIMArM 2 • • r Idfrast nature Finanq1ng Pd1gY Page three Lines under consideration shall begin at an existing City and ,maihinchline is closest a tot thedexiatinge mainpandfswhich Is technically feasible. The funding recommendation shall state for the total project and its construction cfundin omponentsmasswell as a time limit an the funding commitment. Funds shall be disbursed to the prospect or the prospectis designs* only: 1) upon presentation of a Certificate of occupancy for the prospects Denton facility, or Z} in intermittent payments as construction of the, subject utility line progresses Unencumbered project funds shall be returned to the Infrastructure Financing accounts. Step 1 Infrastructure Financing applications shall be available from the City's Economic Development Office, This Office shall: • provide prospect with economic assistance information • Provide ros with itspo Plat with an application form and assist ompletion . notify affected Departments of proepect,s application • • coordinate the prospect's access to City Departments prepare an economic assistance package for the prospect s ~ • A 3 • A Idfrastr tune Fifiai1 in poligy Four Step 2 Its Completed applications shall be returned to the Economic Development Office which shall forward a copy of the prospectis completed application tot Planninq Department for preparation of a land use analysiat and the e Utilities Department for preparation of a five year economic analysis, and technical and cost assessment of providing utility service to the prospect. Step 3 The Public vtilitism Board shall review the prospect's application, the technical issues of providing utility service to the prospect, the completed economic analysis and forward a recommendation for funding consideration to the Planning and Zoning Commission. Such recommendation may support the prospectus requeat for an exemption from those provisions of the Sub-Division Ordinance regarding the extension of utility lines. Step 4 • The Planning and Zoni prospects application, ag coCmpl tediland susee analysis, the economic analysis, and the Public Utilities ~ry~o recommendation and forward both the Boards and its own recommendation to the City Council. • i i 4 ~..•.r~r.. • ♦ •.....~.w..rww.JyYLWATI'..~ 'YM.,. i , ~r { N • 4 d '1 i~ . ~ ~ it ~ .~n!~;' i~r ~ ' k`1ti,Ee1 SAS~(f ~ ,~E • a+ • r _ APPLICATION FOR INFRASTRUCTURE A3313TANCE OMPANY NAMIE:--------- MAIL TO: 13mmm MUNICIPAL (JTILITIE: U DRESS ATTifs R.I. 1RL3ON, EXECUTIVZ DIRSCTOA ' 13 E. FIXI 1 p1 - - DEN'TONr T TX 7 T66201 Q 20 (817) 566-9230 ( Contact Persona ~ELEPHONE ( ) Tltie: ` Nature of Business: Years In Business: I of Facilities Nationally in Texas Type of Facility Nearest Similar Facility Are you considering other locations besides Denton? Yes , It yes, wheres No Mayor Factors that will Influence ibur Decisions ■..■rrr■ ■.■ur■ u■raa■r■awa~rrraaaarr■rr■orarr■ra■■rrrrrroarrr■■a■aa PROM421) FACILITY Location of Denton Site Site Acreage Nave you acgmired site? Yes., No It no, at what stage is acquisition? Square Footage of Facilitys ..._.._~umber of Ruiidingsl Type of Construction: ~ Estimated Value of Constructions $ Anticipated Construction Starts Completions Anticipated-Opening-Date: I Date Rocelved: Sys fl Utilit _---y-Administration Department City Hall Denton. Texas 7420! ' 5 • • AQMIdYNo S^G~.2 - APPLICATION FOR INFRASTRUCTURE ASSI 1416931 page 9~El~"~r COMPANY NAME, EMPLOYMENTy Initial Size of Labor Force; (all employees) -Anticipated Payroll; : Eventual Size of Labor Force; Anticipated Payroll; S i TYpes of Employees (I.e., production, etc,) Number of Employees to be Recruited from the Denton,krgal , Anticipated Payroll of Denton Aecruitss .rsssrs■.arsrs.sssassssr.sr.rrsssrrasss.r..s.sss.srss....ssrsarsr ■r.sssr.:s UTILITIES Facility's hours of Operation (K - Fri) ELECTRIC; {Sat) (sun) Anticipated Kilowatt Hours (MM) I (if available, submit actual consumption rom s • ar facility ) Anticipated Demands (if not available, wX-4-t'w'tjr-6WYt"4r a •ctric systems es! n What Type of Power Equipment will your Facility Utilise? (include HVAC size, etc.) WATER/WASTFWATIMs Anticipated wates Consumptions (if available, submit actual cons Gallons per • umpt on rom similar fac ty) Peak Water Consumptions Gallons per !lour What portion of your water consumption will be discharged as runoff? (lawn sprinkler system, etc) Gallons per Anticipated Fire Flow Requirementa?__ A Gallons per Minute i • • 'dditional Informations Receiving Department Route Copies to City Manager, Economic Dev, office • ~a • Resolution I6frastru to re Fina qft RESOLUTION N0.'Xq 4 RESOLUTION REPEALING Rag-019, ANDNPROVIDINGNFORSAM XP CTIyENDATL,NO POLICY 4 RE So WHEREAS, the Denton Development Plan adopted by the city of Denton contains policies providing for the expenditure of public funds to encourage balanced growth an economic developments and WHEREAS, In furtherance of those policies, the 1991-1995 Capital Improvement Plan approved by the City Council proposes to allocate $500,000 each year to fund Mater and Sewer Lino Infrastructure Financing to carry out the balanced growth And economic policies of the Denton Develops4nt Plant and Commitsssioonlhavehcona dleced and recommended adoption of amendments to the existing Infrastructure Financing Policyt NOW, THEREFORE; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OENTONt SECMoH i, That the Infrastructure Financf attached hereto as Exhibit It is approved. nq Policy, AS== ii• That Resolution No. Re4-019, adopted on March t, 1949, approving the Guidelines for Funding and Selectinq Development Plan Candid4te Water and ewer Liner, is repealed. imaedfatelA&MIX-I its That this resolution shall become effective pasaagr and approv1. PhSSED AND APPROVED this the day of - V 1991. al . i ATTEST: JENNIFER NA,[1TUpr CITY SECRETARY i i APPROVED A$ TO LEGAL PORN: DESRA A, ORAYOV"Tpf, CITY ATTORNEY • SYt ~ • • 7 tR 0 ~T j~ 's i I XYt, INC..~...~~ 2 February 3, 1991 3 r I Analysis Windom, S years y 7 Construction Gosh 1921000 c•- y estisated by Utility 9 B Capital Coat: , DepartMnt start , 10 it Debt services 142,320 12 fDriaaiple plus 7.8>r $00 (1) DOW Aeortltatlon 113 anauel iatemstl sdbeduls below 14 Iii Return on IAroet"nU 240840 - c--------------- Is sN (21 8eturn on [nvntaent 17 (s8 msually) 1" (21e babe is Capital Cost Total: 117 1$0 and 15 p~ 119 (Debt 0orrtce ♦ 8DJ) , add Ilona 11 20 21 8esetits total: 930843 trod we 3 > 22 1 23 Net DOWIt; '128,382 subtract Ilse 18 Iron line 21 ruounu■ aD Finaaolas is approved It set boaetit equals or elcoods doet. p , e 11) bond Lsortisatioe bobedule 1121 Betmn on lavestnent scbedule , (Principal Pat n Years 1-6 srd 49 Years 8-201 (Assures 110 year alto sad 10 NotI i 0 Bolin Prlnop latest Total 84dlal Mile Annual 14WIas Annual f Year Galante Paysmt Ferret Paint "lsrce Year "keen Dome. "leads 801 1'e ...r ..r..., l 1920000 $1,840 ","0 ",710 1106110 1 $0200 141,400 187,400 18,820 3 01,320 1,60 1,014 1146 81,2410 3 12,800 4,100 78,200 4,$48 ~ 4 010410 1,840 0,46 1,3110 04,140 4 71, 1,100 730000 4,412 8 14,040 11640 1,341 1,111 011,100 8 73, 40000 49,000 40411 a` r.... [~lR 191200 $330110 1196320 Totals 123,000 $311,000 $24,840 yW~YOf M O • • PHOTOCOPY` Apodal LION 17111 Irifrastrugture Finangirlg Egonomig Analysis Model Pg Two . . = . y r V ►y~ 3 . _ w y , Sr r r N 11 11 11 5 y M y ~ r -long.. h y - i » • 11 N N r w ~ 3. r r w N N N Y ~ w r 11 M N ' N Via. Y y r w r 1 1 • O PHOTOCOPY Wna0 4pftAl'ee Infrastrugture Far qft Egoiomig Aftly-sis Model P N N 1. N Y N Vn a 11 ~1. Y M N _ yw- ry ~ N 11 +Lj- =i x r s r ~ ~y N N .3 Ail ~a --a • r S. • I 1 1 1 i w....r....•w.• w.~S. .'N.. L1.-l.7.' S~.1 a.w-.~ wl"Z~Q«~~=3~ vow • • ~ge~daNo 5- ;2? apendalterrl~~~.' Ilifrastnigt a FinahiChng E~onomiq Ahialyshs Model Nary tive V page 1 Infrastructure Finaneinq/ML.7onC1LiC Analysis Model Narrative Line 0 1 A live year analysis window is standard among financial institutions. A longer term analysis window would affect reliability. 7 Construction cost is estimated by Utility Department staff. It includes vendor costs plus 351 for administration. r 11 Debt service is predicated on a 21 annual principal payment and a 7.51 annual interest payment. 15 Return on Investment to the General Fund is predicated on an annual, non-varying 61 of construction cost. 18 capital Cost Total is composed of Debt Service plus Return on Investment. 21 Benefits Total is composed oft ' Property Tax Revenue 1 Sales Tax Revenue !rams products and services • employees' disposable income construction materials' cost Utility Service Revenue i Page 2 infrastructure Mrioasaaing/RoonolLic Analysis Model Narrative Line N 4 Property Tax Revenue is predicated on $0.61 per $100 of applicant's plant, property, and equipment value. It is • expected that 231 of this revenue will be directly attributable to the Utility Department's financing. The dollar value of this percentage is represented by Net Annual Tax Levy. 17 Sales Tax Revenue from applicant's local sale of products and services is predicated on $0.01 per $1.00 of those a, sales. It is expected that 251 of this revenue will be • • directly attributable to the utility Department's financing, The dollar value of this percentage is represented by Net Annual Tax Levy. NNW 11 • f: ~geodaMo. -O 11 l6frastrugture F(nanring Egonom)g Analysis Model Narratly Line 4 e two 26 & 36 Sales Tax Revenue from Employment is predicated on a disposable income factor of 401. It is expected that at least 501 of the applicant's employees will live in Denton and that each one of these Denton-resident employees will, in turn, generate two additional man-years of employment for other Denton-resident employees, 1 Sales Tax Revenue from Construction is predicated on 501 of the project's cost being expended on construction materials and all of those materials being purchased in Denton, 9 Calculation of monthly electric revenue is predicated on the electric consumption of an existing applicant facility of similar size, when no such facility exists, consumption is based on the applicant's estimates or the facilityy'stlon size, intended use, equipment, and electrical system design, The Contribution to Return on Investment mr) percentage represents the portion of the applicant's anticipated utility payments that will accrue tc, the Rot. 15 Electric service will normally be provided to an applicant under the General service (08) rate schedule. Under this schedule, the first 2500 KnI s are billed at .0656 cents per KWNt all additional MR,a are billed at the rate of •035 cents per KWq. In addition, al) P.Wl's are billed at the Energy Cost Adjustment (RCA) rate if .019 cents per KWH Monthly Demand is equal to the highest KW usage during as registered an a customer's demand meter and is billed at the rate of $7.00 per KW. The Facility charge is $20 per 30 days of service. 26 Calculation of monthly water revenue is based on water consumption at an existing applicant facility of similar e. Wh onzthe applicant's estfaiility or i the o consupti'soden intended use, and equipment. • water service will normally be provided to an applicant under the Commercial/Industrial (WCI rate schedule using, for purposes of this model, a 2" water motor. Under this schedule, all water gallons are billed at the rate of 62.20 per each 1,000 gallons. The Facility charge for a 2" meter is $22.25 per 30 days of service. o r. . The contribution to Return on Investment (Rot) percentage represents the portion of the applicant's anticipated utility payments that will accrue to the Roi. to • • y lAfrastrugture FRUAgiAg Egoriom(g Analysis Model Narrative Pap Three 27 Calculation of monthly sewer revenue is based on the applicant's water consumption, sewer service will normally under the Commercial/industrlalpisCDae ate chedulso, An applicant Under the scD schedule, monthly wastewater gallons are calculated as Oil of metered monthly water gallons. All wastewater gallons are billed at the rate of 52.13 Per 1400 gallons. The Facility charge is 122.23 days Of each service, The Contribution to Return on 2nvestment (no,} yge erc enta represents the portion at the applioant's antici pated y payments' that will accrua to the no,. • 13 • • • No I1~IF'RAgTRUCTURE F NANCI~{ P ..'LQ.G~Y 22 da3l 3 Funding Policy The City of Denton Utilities Department POLICY Is to facilitate local economic growth through a program of Infrastructure Financing. During its annual review of the Utility Department's Capital Improvements Plan (CIP), the Public Utilities Hoard shall consider the allocation of up to $500,000 annually to finance the construction of Infrastructure water or sewer lines. This allocation shall consist of $230,000 from the Water CIP and $230,000 from the Wastewater CIP. That portion of each annual allocation that remains unobligated at close of the flscal year shall carry forward into the following flacal year. However, the cumulative total of said unobugttted annual allocations shall not exceed $2 million at any time. Selection Polev Infrastructure Financing shall be provided only tot o Industrial prospects which have committed to building facilities in Denton, o Commeroial/retail prospects which have committed to building facwti" in Denton and which: sell a majority of their goods or services to individuals or businesses outside of Denton, or manufacture goods for consumption in Denton which were previously manufactured outside of Denton. o Prospects which have committed to building corporate headquarters faculties in Denton. 8oonomio Analvais All ° determine is for Infmatr end bane no ng shall ft subject r to an economic analysis to Financing maybe allocated only it project benefits ore equaperiod. l to or exceed project costs. Attachment 5A • 4 • • PROD TITLE: (G) DEVELOPMENT PLAN WATER LINES `IAItndEiNO ESTIMATED COST. tt2t30 AQaldrl~ (x 1000) GROUP ASSIGNMENT: 7 L 3r DESCRIPTION; Extend water line to committed Indu*W de Actual flit" to be determined as propo"ed. PURPOSE; Ectxwmic Developmenl. COST CALCULATION: Constant Antral Co t tutlon, FUNDING REQUIREMENTS; ENCUMBERANCE81CASH mmed TUREB (In 0wh" x 1000) FIMI Gtr. Second Qtr. 7Mfd Qtr. Fourth W. EN M& ENO EXP ENO EXP END aw 62 62 62 62 63 63 43 63 INS 0 0 0 0 0 0 197 0 0 0 O 0 p 0 0 0 0 ENCUMBE W4M CASH EVSK RES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1 Sr YR ttM i0 $0 $0 i21f0 TOTAL 2ND YR 0 0 0 0 0 00 0 0 X0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 O O 0 0 GRAND TOTAL SM $0 $0 0 $0 t260 $260 t)'0 $0 $0 t);260 ENCUMBERANCE DATES Encumbered as "pent. PHASE DATE AMOUNT OBJECT0 Survey City • Eng. Deeps City tn"peotlon City CaNtrurdon As tit t260 9114/9139 MifloeManecu" ENCUMBERANCF TOTAL $260 • . COMMENTS; 3123194 16:33 P 8xm wY IV t • PROD TITLE: (G) DEVELOPMENT PLAN SEWER LINES ~1A~M0.,2.5' 2 ESTIMATED COST; $260 (x 1000) at ii GROUP ASSIGNMENT:-" DESCRIPTION: To extend sewerlines to committed Industrial Z 4P4 S/ CIMIOFments. Actual sites to be determined as proposed. PURPOSE; Increased revenue. COST CALCULATION: EsNmated coat 5260,000 FUNDING AEOUIREMENTS: ENCUMBERANCEWCASH EXPENDITURES (In Dopers A 1000) First Qtr, Second Qtr, Third Qtr, Fourth Qtr. END W END EV END EXP END EXP 1996 124 62 0 62 120 q a 63 1998 0 0 0 0 0 0 0 107 0 0 0 o 0 o 0 o c ENCUMBERANCES CASH BXPEWTURq SOIr10 REV AIC OTHER TOTAL BOND R6V AIC OTHER TOTAL TOTAL 1 ST YR 80 8380 $0 so sm $0 9260 so so $no TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $260 ,i0 q 9280 80 8280 so so 9260 ENCUMBERANCE DATES Enountbered as apem, PHASE DATE AMOUNT OBJECT 0 I General Purchase Getwral Purchase • Impeotlon 8q2 Cor+ llruco rt As bpent 11280 0114 & 0130 MhoeManeoue ENCUMSERANCE TOTAL 8280 • COMMENTS: 3!18M 11:37 Pg • 0 f DEVELOPMENT PLAN - WATER & SEWER WAL-MART @ LOOP 288 AND SPENCER OADq FUND ANALYSIS 2Sc~31 WATER DISTRIBUTION (REVENUE) STATUS $(x1000) FUND SOURCE 95-0461-08 $260,000 Prior Year Carryover $600,000 TOTAL FUNDS 57fi0,000 EXPENDITURES WAL-MART ESTIMATE $102,741 _ TOTAL EXPENDITURES 5102,741 AMOUNT OVER/(UNDER) BUDGET ($847,269) WASTEWATER COLLP ,OM (REVENUE) STATUS $(x1000) FUND SOURCE 95-0471-04 $250,000 Prior Year Carryover $260,000 _ TOTAL FUNDS $b00,0~00 EXPENDITURES WAL-MART ESTIMATE $71,817 TOTAL EXPENDITURES $71,817 AMOUNT OVER/(UNDER) BUDGET ($428,183) • 04WM ED,WK3 Ex"wT V • 0 , • r ~ t ,gend~l , arF 2 03 i w.,rw.»n+-.-..arr.lww-..._...~ • w.www~rw~:stlY4i14lfY';4.wI rY-' ~ i,+'~, q~j ..5 n,1 W k~~gM~~p!{lt'~~~/• ~i }i~f,~~,( f 0 • w }:\wpd0c5\1es\wa:-P1Anres `r g~No. J QED b-ZV-y f! 2 7 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPLICATION OF WAL-MART STORES, INC. FOR PLAN LINE. FUNDS FOR CONSTRUCTION OF WATER AND SEWER LINES FOR A WAL-MART FACILITY NEAR THE SOUTHEAST INTERSECTION OF LOOP 288 AND SPENCER ROAD; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 19, 1991, the City Council passed Resolution R91-008, approving an infrastructure financing policy for the funding of water and sewer plan lines to encourage balanced growth and economic development; and WHEREAS, pursuant to said resolution, Wal-Mart Stores, Inc. has applied for funding of water and sewer plan lines, and said application has been approved and recommended by both the Public Utilities Board and the Planning & Zoning Commission as being in substantial compliance with the terms of said policy; and WHEREAS, the City Council, upon consideration of the applica- tion and recommendation, agrees that the application meets the intent of the policy, that it will encourage balanced growth, and that it will further Denton's economic development by bringing a substantial amount of commerce into Denton from sales to customers living outside its boundaries; and WHEREAS, it appears from the detailed economic analysis, attached and fully incorporated herein an an exhibit, that the economic benefits projected from funding the project far exceed the projected capital investment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES; aE.QIQLV_I. That the Application of Wal-Mart Stores, Inc. for, plan line funding of water and sewer lines for a new Wal-Mart facility to be constructed on the southeast corner of Loop 288 and Spencer Road is hereby approved to the following extent; any 1 inconsistencies with Resolution R91-008 are hereby ratified to the extent of any such inconsistency; • (A) The City of Denton will pay a maximum of $102,741 for the construction of approximately 1,810 feet of sirter!n (1611) and twelve inch (1211) water line. (B) The City of Denton will pay a maximum of $71,817 for the construction of approximately 990 feet of twelve inch (1211) 0 0 ® sanitary sewer line, (C) The City shall only pay the funds if Wal-Mart Stores, Inc. develops the site for a commercial facility, P 0 • ca +penda No Apl *l - I SECTION II. That this resolution shall become effective immediately upon its passage and approval. 1995PASSED AND APPPC,VED this the day of . BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: ° APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, Cr?Y ATTORNEY • ME 2 • G1 • • .r INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL WALMART, LOOP 288 6 SPENCER R0. ; JUNE 7, 1995 Analysis Window: 5 years Construction Cosl: $174,558 As estimated by utility "I Capital Cost: $78,839 department staff Debt service: see (1) Bond Amortization (principal plus 7.5% schedule below annual interest) t Return on Investment: $47,292 see (2) Return on Investment (6% annually) scheduled below rl Capital Cost: (DEBT. SERVICE +ROI) $127,131~, Benefit Total: b 8843 NET BENEFIT 61 713 (1) Bond Amortization Schedule Principal Pmt 2% Years 1.5 and 6% Years 8.20) J (2) Return on Investment D 6% Rol) lBegin Prfncp Inlrat To" (ASSUMES 20 YEAR LIFE AND 8°k UZI (J l Year Balance Paymni Paymnl Paymn B"In Annual Ending Annual 1 $174,558 $3,389 Year Balance Deprec. Balance Rol $13,092 $18,475 1 $174,658 $8,458 $188,100 • 2 $171,175 $3,383 $12,838 $16,221 2 $188100 510,473 • 3 $167,791 $3,383 $12,584 $15,988 $8,458 $157,841 $9,988' 4 $164.408 $3,383 $12,331 $15,7141 3 $167,841 38,468 $149,183 $9,458 5 $181,025 $3,383 $12,077 I 4 $149,183 $8,468 5140,724 $8,951 TOTAL $16,480 6 $140,724 $8,458 $10,917 $42,#22 $79,331 1TOTAt $132,288 $8,443, 347,292 • W • r INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL WALMART BENEFITS Applicant's Net Property Cities City's City's see Annual Nei Tax Plant, & Valuation Tax Annual note 1 Tax Levy over Equipment Unit Valuation Rate Le below Lev 5 Years PROPERTY $8,500,000 1 100 $86,000 X $0.5809 $47,677 X 26% = $11,919 X 5 Years ti! 6!! TAX REVENUE City's Net Estimated City's Annual see Annual Net Tax Annual Sales Tax note 1 Tax Levy over Sates Tax Lev below Lev 6 Years SALES TAX $17,145,800 0.015 = $257,184 X 26% = $84,298 X 6 Years 321180 REVENUE 11) (from products1serv ices) Percent of Total Applicant's Force Labor Force Labor Total Denton Estimated Living In Living in Force Labor Force Avg. Annual Labor Force Denton Denton MulNplier Affected Salary • EMPLOYMENT 235 100% 236 X 3 706 $10,800 Total Total Annual Annual Disposable City's Net Income of Income of Cities Annual see Annual Net T Affected Dlspossbb Affected Sales Tax note 1 Tax Levy ov • Labor Force Income Labor Force Tax Lev below Lev 5 Year $7,614,000 40X, $3,045,600 X $0,015 $46,884 X 28% ■ $11,421 X 5 Years 1 1 (1) This represents the net Increase over the existing store, Also, It Is based on no t=ies tax from the grocery portion, Q Q) , • I r ~rn~,TIV 91,•FVY•, I 4,V.• • t3l 1~. I , • • AINFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL s WALMART Estimated Value of Consl+,uctlon Materials as Construction City's Net Cost of Percent of Material Cities Annual see Annual Net Tax Appllcanls Construction Purchased Sales Tax note 1 Tax Levy over Facility Cost In Denton Tax Lev below Lev 1 Year SALES TAX $8,500,000 40% $3,400,000 X $0,016 $51,000 X. 100% ~ $61,000 X 1 Year ~ 41000 REVENUE FROM CONSTRUCTION % Contrbutlon $ Contribution R01 UTILITY Monthly To To Over REVENUE Revenue Rol R01 5 Years ELECTRIC $30,000 12 $380,000 X. 4:90% X $17,640 X b Years = 200 F % Contrbution $ Contribution R01 Monthly To To Over Revenue R01 ROl 6 Years WATER $1,020 12 m $12,240 X 7.80% X. $966 X 6 Years = 774 %Contribution $Contribution R01 Monthly To To Over Revenue Rol R01 6 Years WASTEWATER $929 12 = $11,148 X 12,00% X $1,338 X 6 Years e 1 • or ~ (1) This represents the not increase over the existing store. Also, it is based on no sales tax from the grocery portion. • 0 s c, . r CITY ~f COUNCII c O~ D~ y► 4 .y i i ~ I y 4 4rON 1D4'0~ • Ag*aNo Apendallo ` ~ ~ _ ' Ntt+. - DATE: June 20, 1995 ~ d~ zl-f F CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUWECT: Consider a resolution amending the Denton Development Plan by extending Moderate Intensity Area #78, and reducing Low Intensity Area 1177 between Lillian Miller Drive and State School Road along the south side of 1-35E, RECOMMENDATION, The Planning and Zoning Commission voted unanimously to recommend adoption of the Denton Development Plan amendment (5-0). SUMMARY, See Planning and Zoning Commission Report, BACKGROUND: See Planning and Zoning Commission Report, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Not applicable. FISCAL Ii EA~T• None. ARespectfu bmltied: City Manager • ' 0 • • • ~ r` ~`:,i~~`1 ~~t~ ~ '1Atr,~w~~kh~+~~,~T~idi`~ • • MOM& emw rowo 9s- z c ~a Prepared by: Z!~ Walter E. Reeves, , Urban Planner Approved: Frank Robbins, AI Director Planning and Development Attachment Ml: Planning and Zoning Comtrdssion Report, Attachment M2: Planning and Zoning Commission Minutes, Attachment N3: Resolution, • 1 • Q • XWONO 4gnrldaltenu~,.~„w, Dentnn Planning and Zoning Commission Report u da 24 Case #Z-95-006 June 20, 1995 LvENERAL INEORMATION Applicant Robert Raynor 1108 Dallas Drive Suite 310 Denton, TX 76201 Owner: Paul Lockhart 1108 Dallas Drive, Suite 310 Denton, TX 76201 Action: Amendment of the Denton Development Plan from the Low Intensity Area to the Moderate Intensity Area. Location: Adjacent to the south side of I.35E, 3,200 feet north of State School Road (Attachment 1). Surrounding Land Use and Zoning: North: 1-35E. South; Vacant, Agriculturally zoned land. Gast: Vacant, Agriculturally zoned land, West, Vacant, Agriculturally zoned land. Denton Development Plan(DDP): Low Intensity, Study area #77 (187% allocated). 10-MU MM '11:is DDP amendment Is an important part of the Lockhart rezoning case (Z-95.006), which the Council is also considering this evening, This DDP amendment will make it ix)ssible to adopt the. alternate approach outlined in the rezoning case, Without this amendment, and the subsequent Intensity increase, the rezoning would follow low intensity area criteria. • Low intensity areas are allocated 60 Intensity trips per acre, moderule areas are allocated 350 intensity trips per acre, There Is a 1/2 mile separation policy In low intensity areas, but no such separation policy exists In moderate Intensity areas. Mulls- family policy In low Intensity areas Is no more than 200 units, in moderate intensity areas it is 750 (see Attachment 6 for a summary of DDP policy by intensity area, • DJ)P AMENDMEN • Thy DDP describes the procedure for raising an areas Intensity standard, If the City Council or the Planning Commission wants to raise the intensity standard for a low or moderate area, the Planning & Zoning • 0 • G, • t~Fe -24- IV - Commission and the City Council should conduct a special study 4 session, focusing on the Intensity question and the Impact of changing the intensity standard. The specific study process shall be determined by the Commission or Council, but the study must examine the intensity allocation for the city as a whole and how that level will be maintained. However, if the standard is increased, this action does not mean automatic approval of an Individual proposal.... ...The intent of the allocation policy is to maintain an Intensity balance In each area so that the intensity In the City is equally distributed. The general policy is to not allow a disproportionate share of intensity; however, depending on the area and planning reasons, certain parcels may receive more that a proportionate share. The specific formula for calculating Intensity is located in Appendix A. The DIP adopted in September 1988, designated the area under consideration (1177) as a Low Intensity Area. The primary purpose of low Intensity areas Is to ensure the overall land use/transportallon balance by controlling the overall density and intensity. Further, these areas represent primary housing areas in the City of Denton. Thus, these areas should emphasize residential use instead of a mixture of resldentiul and nonresidential. 7'lie current boundaries of Area 1177 are shown In Attachment 2. This area encompasses 2225.76 gross acres. The DDP, through the Concept Map, to a large degree recognizes the attractiveness of the 1-35 Corridor to nonresidential land uses. The area shown on Attachment 3, will only become more attractive for nonresidential development as time goes on, Another factor is the Visions effort which has brought additional focus to the entrances Into the City of Denton, and the impression made on people as they enter and leave the city. The area shown in Attachment 3, Is the area the staff has identifled as being suitable for consideration as an intensity amendment. The area encompasses approximately 145 acres, and properties in the Agricultural, General Retail, and Light Industrial 1 zoning districts, and PD 20. Attachment 4 Illustrates the zoning both inside, and outside, the proposed amendment. As can be seen from Attachment 4, a large portion of the amendment area (0 100 acres) Is already at a moderate or greater Intensity use • by virtue of its zoning as Light Industrial and General Retail use, and by PD 20. For this Q 104 acres, a move to moderate Intensity would bring consistency between the actual zoning and the DDP. The remaining 45 acres is located In the Agricultural zoning district, and Is largely vacant. Across 1.356 is an area designated an "Urban Center," and directly to the north Is another moderate Intensity area. On Its face, a move to a moderate intensity area is supportable. However, there are other factors to be taken Into consideration, The DDP states that the specific h1udy process shall be determined by the Commission or Council, but the study must examine the intensity allocation for the city as a whole and how that level • w • No 5 IRIO r will be maintained, Apparently, this requirement has not been strictly followed In the 5 past, and has not been followed in this case. A second consideration is that the DDP Is to be reviewed in its entirety within the next few years. Piecemeal amendment may not a good approach when review of the entire document is to take place In a relatively short time frame. Finally, this Is a largo intensity amendment when considered against other moderate Intensity amendments. Such an amendment may almost certainly prompt other property owners in the area to proceed with similar specuiative rezonings. It is similar to a Plan amendment made with PD zoning on I- 35B about a mile south of this site (M76, we Attachment 5), This case is very much a precedent setter. RECOMMENDATION The Planning and Zoning Commission recommends approval of this DDP amendment ALTERNATIVES I Approve the Planning and Zoning Commission recommendation. 2. Send back to Planning and Zoning Commission for further consideration, 3. Postpone consideration. 4. Deny amendment. ATTAC M NT 1, Location Map, 2. Intensity Areas #77 & 78 Maps and Dow 3. Intensity Amendment Area. 4. Amendment Area Surrounding Zonings, 5. hitensity Area k76 Map and Data. 6. DDP Summary. • I 3. • • i'I~. , .'v:. ' r'k ~i~..ty<W'Rirll~fr~*i1:~ • e~ 95-o22 /~qq ,ao~a, s c JfiTC~C..~{W(E1U 1 ~ ~ Hate ~ INTENSITY AREA #78 NORTH 4 • V • SITE R • LMattol map • i C t{ ,daNa. ~FVOTFO INTINSITY ARIA 77 Also 1327V AchI BOUNDARY DISCRIPTION Easti .I-35E West; Lillian Miller Parkway and FM 2181 VIII' North: A line separating 2F and General Retail Zoning iI South: Robinson Road, State School Road and city limits line t,: I-35E t i dot I I f F Y r ~I ~V Qua J I {'I N ~ I • goer OM ROAD t SOALB 0 1000 2000 CITY S/O xrm TSYAS J r ~4 LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area N: 77 Type: Low Intensity trips/ac 60 Traffic survey zones: 66008 6613A Boundary Description: Norths A line separating 2? and OR zoning Date: 11 Souths Robinson, State Schorl Rd, city limit to I-3 /28/89 Fasts I-35E - -Westr Lillian Miller Pkwy. and FM 2181 LAND USE EXISTING-LAND-USE CURPENT-ZONING -----PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT SF-16 < -10>16 107 15.79 170 0 0 0 SF 0 0 0 0 16.63 498.9 41.02 124 1240 SF-7>10 125 42.66 1250 5.69 238.98 136.74 536 5360 LESS SF-7 0 0 0 0 0 86.23 766 7660 MOB.HOMES 270 71.64 2700 0 0 0 0 n DUPLEX 0 0 0 17.1 1368 35.63 302 3020 MF-R 0 0 0 0 0 4.7 32 256 MF-132 0 0 0 0 0 78.07 1616 12928 COM/RET 0 17.85 11602.5 4.53 2944.5 87.52 0 56888 OFFICE 0 0 0 0 0 17.54 p INDUSTRY 0 13.6 1428 6.7 703.5 33.52 0 35196 INSTI'NAL ) 145 12325 0 0 0 PARKS 0 43.09 1792.7 0 0 0 0 0 R/0/SPACE 0 13.15 0 0 0 52.63 p 0 TRANSPORT 0 #38.16 0 10.26 0 0 0 0 AGRIC. 0 0 0 262.9 0 0 0 0 VACANT 0 897.41 p 0 0 TOTAL 412 1328.35 30768 323.81 5761 5 57373.6 ----.6 3376r--"-9707011 __..-._..-..9 INTENSITY CALCULATIONS (1) intensity area total trips 1328.35 times 60 79701 (2) Trips allocated to existing land use 30768 3) Trips allocated to current zoning inol, p Os (not built) 102764 (5)pEstimated°unallocated intensity trips°nsd plul)minus(2)+(3)++(4) -69606 -(6- Percentage of intensity trips allocated ------187 • J I . . ~-7 I f~C~~~1y i +geadaNo.95-02 . INTiN81TT ARiA ♦ 78 -v ~ate`..t~z~s I Btxi 35,92 ACRX8 9 BOUNDARY D68CRIPTION welt: A line separating commercial and SP16 zoning, Lillian Millet Pkwy, and a line separating 2? and SP16 zoning North) 1-35E III South; A line separating 2P and General Retail zoning 1 `i~ Mr C\~~0 6 1` I 1 V ou a a~o{ O ti~ 4~1 Cp L_~,-• ~ ~Rq i r T L f~ ~Lr~~,,~il R Y( .Q. A l Amu Ig _ ioA> i -F 0 500 1000 WI ® ~ ~ urr Of aw _..........-r.. , . ...r,aaJt'..vr:. r it-.. . 0 • sa • Aga,daNert~.-- . Date • i LAND USE MANAGEMENT INFORMATION SYSTEM } PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area #1 78 T ---``-"-"`""-""'----"-""-^----Moder Traffic survey zones: 66000 6600Date Intensity tripe/ac 350 Boundary Description: North: I-35C South: A line separating 2F and GR zoning Date: 11/28/89 Nest: Commercial zoning, Lillian Miller, 2F zoning LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT ----------------------------------0- SF-10>16 0 0 0 0 0 0 0 SF-7>10 p 0 0 0 0 0 0 0 LESS SF-7 0 0 0 0 0 0 0 , MOB-HOMES 0 0 0 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 0 MF-R p 0 0 p p 0 0 0 0 MF-162 0 p ~ 0 COM/RET 0 23.15 15047.5 0 0 OFFICE 0 0 0 0 0 0 INDUSTRY 0 0 0 0 0 0 0 I PARKS 0 NSTI'NAL 0 0 0 0 0 0 0 0 0 R/O/SPACE 0 0 0 00 00 00 0 0 /O/S TRANSPORT 0 12 77 0 0 0 AGRIC, 0 0 0 0 0 0 0 0 0 0 0 VACANT 0 0 0 p 0 0 TOTAL 35.92 15048 0 0 0 0 INTENSITY CALCULATIONS (1) Intensity area total trips 35.92 times 350 12572 (3j Trips alllocated to currentgzoninguincl. P Ds)(not built) 15048 4) Trips allocated to vacant lands not zoned plus Aggric. zoning p (5) Estimated unallocated intensity trips 1)m1nus(2)+(3)+(4) -2476 (6) Percentage of intensity trips allocated 120 -ONE THIRD RULE CALCULATIONS - " • (1 Allocations for com\retail development Aar11 Trips (2~ Existing com\retail land uses (built) 23.25 7783 (3)) Current zoning for com\retail land uses 0.00 15046 (4) Total allocations (2) + (3) 23.15 0 Unallocated tripe\acres -11.16 17265 15048 • O • • igeMeNu We r/ cats ~ Fq INTENSITY AREA N 77 \ some e ATTACHMENT No qS -0- 4gondal ova Z~ u . ` C \ . e c PD 2e • 9 .u ~ $F•le NF N 8.722 PD 2e rE J d s A• I 1 - 1 ~ p tq; • _ to No - tNTRNAITY AREA ♦ 76 BI:B 1PO' f ! BOUNDARY DIBORIPTION West t 1-351 North: union Pa0lfio Railroad (formerly MKT Railroad) and Pookrus Road south: City limits line mouth of Shady Shores Road \ 1 •OCK" ft 1 4~ ;f 'AJ F P i • ROALR 0 800 1000 A ' 0 ID CITY MOfMT0A6 11NA# 1 Y 1.~A 1 i _ 1t 1 V ~t r;rti„L i.,. -i Sr i Y•q;.. .f til, t~'~rr • Q • _ tendeNa.9~ Agentlal C Date. S LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON _ Intensity area M: 76 Traffic survey zones: 6615Apet Moderate Intensity trips/Ac 350 Boundary Description: North: Union Pacific Railroad and Pockrus Rd. Date: 11/28/ 89 89 West: It.- City limits line south of Shady Shores Rd. -35E LAND USE EXISTING LAND USE CURRENT ZONING - - -PLANNED-DEVELOPMENTS- CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT SF-16 < SF-10>16 0 0 SF-7>10 0 0 0 0 0 0 0 LESS SF-7 0 0 0 0 0 0 0 0 MOB.HOMES 0 0 0 0 DUPLEX 101 5'0 210 0 0 0 0 0 MF-R 0 0 0 0 0 0 MF-162 0 0 0 0 0 0 0 0 0 p 0 0 0 0 COM/R£T 0 0.77 500.5 3 1950 5.23 0 0 OFFICE INDUSTRY 0 0 0 0 0 0 3399.5 INSTI'NAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PARKS 0 0 0 0 R/0/SPACE 0 1.16 0 0 0 0 0 0 TRANSPORT 0 16.47 0 0 AGRIC. 0 0 0 0 0 0 0 VACANT 0 43.58 0 0 0 I 0 51.81 0 0 0 0 0 TOTAL - _________--2-_ 86.71 721 46.58 1950 5-23 0 3400 INTENSITY CALCULATIONS - (1) Intensity area total trips 86.71 times 380 30349 (2) Trips allocated to existing land uses (built) (3) Trips allocated to current zoning inol. P Ds (not built) 5350 721 (4) Trips allocated to vacant lands not zoned plus Aggric. zoning 15253 (5) Estimated unallocated intensity trips (1)minus(2)+(3)+(4 9026 (6) Percentage of intensity trips allocated 70 ONE THIRD RULE CALCULATIONS • (1) Allocations for com\ retail development w Acres Trips (2) Existing com\retail land uses (built) 20.777 18787 (3 Current zoning for com\retail land uses 501 (4; Total allocated (2) + (3) 8'20 5350 (5) Unallocated trips/acres 5850 199-.90 00 12937 • 0 • • r ~dflNo S ATTACHMENT 6 Apend21 TIIE tmov amtopmp PIASI on ITS tMTE A Dns 0"t lit.w•Tr The Plan The Denton Development Plan, "Policies for Growth" Is the policy document on which land use decisions are based. It has six basic elteents as follow, 1. A Concept Nap which shows three types of Intensity area and the thoroughfare Plan. 2. A Set of pollciea applicable to each type of Intensity totes, 3. Specific Otto policies, 4. Appendix A which hat intentity status for 120 study area. , 5. Intensity system, All lard uses have an intensity level assigned to it, this quantity, called , Intensity trips, is based generally on that uasV vehicle trip generation. Each type of stud/ ate, has a maxlmw intensity allocation, if a use exceeds Its allocated Intensity, It is inconsistent with Intensity policy, but may be approved based on an analysis of other factors. 6, A toning use decision diagram Is attached,' The Plan's most common use is in toning cases. According to law, requested toning should follow the Denton Development Plan policies, Policies appifeable to intensity area are su awrized as Follows: e Urban Centen/Ltajor Activity Centers: Industrfol/commercial base. LeM•use diversity; high density housing encouraged, tow density housing discouraged. Low density housing on the fringe of major activity centers should be protected by Intensity gradation, strict site design, landscaping and traffic mitigu ton measures. No intensity omit. • Moderate Activity Centers: • (And-use diversity Is encouraged, intensity "bonus" is awarded for plbtfc and non-profit community type service facilities. 11hen at intersection, comwercfal/rata(( land-woe are limited to one-third the total ocreage of the entire center, and shalt be encouraged in not more than three corners of an Intersecllon that Incorporates a moderate activity center. High density housing should be protected by proper transition betwen IOM uses, At least arts access to an arterial thoroughfare, t iml ting the site to 750 units separated by half mite, and ad"Ate s(to design standards, Low intensity housing should be protected by setback, parking, buffering and (andscaping requirements. Discourage strip conmercla( development through limiting curb cuts, plan review, and provision of adequate buttering. Allocated 350 intensity trips per acre. • Low Intensity Areal for residential neighborhoods. Small scattered sites of apartments aM non-residential uses are encouraged. Nulti•fanily and nom- residential uses should have access to • collector or larger arterial street, with no direct access through a residential street. Half mile separation WNW aulti•Iamlly and non•resldtntiol developments. Limit the site of mutti•f►mily coneentrst(ors bated on direct accass to a thoroughfare, Direct access to a freeway • 200 units; Direct seeps to a arterial ' 150 units; Direct access to a collector - 100 will. Non•resldenllel site limits based on accetsi Direct acuss to a freeway • S acres; Direct access to in artetlot • 3 acres; Direct access to a cot ["for ' I acres, ~i Manufactured housing may be developed In tow intensity areas subject to the following coedit;mss r concentration of no more than 200 units, metals to a collector thoroughfare (or larger), site plan control within 1,600 feet of existing single-family housing, Ord provision of adequate open space and re~restlonal facilities. ` Allocated 6D intensity trips per sore. Other 1 policies of the Denton Development Plan pertain to specl}fe uses aM sptclfie lecstlons: Carroll Boulevard, around UNt, CDSO beneflted neighborhoods, entranceways, flood plains, Around the vastowater plant, neighborhood protection, etc. elan Ibdate the Plan has been amended avers( times since its adoption In 1988, the Intensity system has been used since 19a1, update pot ley: Artnual update: PST reviews in duly and CounclI in October. Major update: should be done 0 0 every five to seven years. Staff Is recommending that a major update be •,tarted In the }all of 1995. The process for this update could be defined during this yemtFs annual update, J u,.v,u • c> 0 ageradaNo Q5-c? Aget>dal C~l _:ekL~9~' P & Z Minutes X19_ April 26, 1995 Page 2 11. Hold a public hearing and consider a request to rezone 4.2721 acres from the Agricultural zoning district to the Light Industrial (conditioned) zoning district; and an amendment to the Denton Development Plan, changing the intensity area from low to moderate in an area on the south side of 11135, roughly from the Southridge shopping center to State School Road. The subject property is located on the southside of 35E, approximately 3,200 feet north of Stale School Road. Ms. Russell read the public hearing procedure rules. Ms. Schertz arrived at 5:07 p,m, Mr. Reeves; In this case the rezoning and the PD amendment are tied together. This rezoning Is located on the south side of 1-35 east of Lillian Miller. This area is 4.2721 acres, The proposal is for a rezoning to light industrial district with a list of the conditioned uses. Basically we took the list of allowed uses in a light industrial district and paired them down to a number and type of use that was more consistent with the other PDs in the area and the area zoning districts. When looking at the proposal to go to light industrial the first test according to the Denton Development Plan is to see if it meets the intensity requirements of the plan. On page 15 of the staff report is the intensity analysis. The intensity allowed by the plan is two hundred and fifty-six intensity trips for the entire project and a light industrial use would actually result in about four hundred and forty-nine intensity trips. This would mean that the proportionate share test of the development plan is not met by this. Additionally the big three are intensity, separation and concentration. As originally proposed it does not meet the intensity requirement or the separation requirement because it is only about a thousand feet from the general retail area to the north, :t does meet the concentration requirement being that it is less than five acres. When the proportionate share isn't being met then the next criteria is to look at four disproportional share criteria. The first one is public facilities and this property has a water line along I-35 and the sewer is available to the south along State School Road. The property has direct access to the I-35H frontage road so there is no problem with access, The second consideration Is topography and this piece of property has a cleared area near the front of the property. To the northwest the property slopes off rather sharply and to the southeast it slopes off but not as severely. A large scale development would probably require a certain amount of grading to be done. It is not so severe that it would be a determent to the development, It would just be part of the consideration for the development of the property, The third consideration A o is the surrounding land use and all of the surrounding property Is vacant, The property to the west is agriculturally zoned, to the south is PD 20 which has light industrial land i use in the area directly to the south. To the southeast it is retail and then farther back 0 0 I Date P 2 ~-1 & Z Minutes April 26, 1995 Page 3 into PD 20 it is multi-family, There is no real impact at this time to the surrounding land uses. The fourth consideration is the policies. This proposal would seem to support policies four, seven, and nine of the Denton Development Plan. The analysis of this request indicates that it is inconsistent with the proportionate share and separation policies of the DDP, however, the disproportionate share analysis indicates there are other planning conditions that could support this request. The Planning and Zoning Commission can amend the Denton Development Plan to either a higher or lower intensity plan. The area along I-35 is very attractive for uses other than single family and therefore suitable for a higher intensity. It is currently in a low intensity area and it has frontage all along 1-35E. The concept map has a lot of the area on both sides of 1-35 that is either in moderate intensity areas or urban center areas. The plan recognizes that the land along I-35 is very attractive for something other than residential development which is the major purpose of a low intensity area. In the past when property along 1-35 has come up for rezoning It has been zoned as a planned development and the concerns were addressed through the PD process. In this case we are offering an alternative approach. First it would involve an intensity amendment to make this area a moderate intensity area. Then if you look at page IS we have paired the list of uses to uses that are consistent with some of the uses In the area. Then we used a moderate intensity measure o` three hundred and fifty trips per day per acre to ' calculate a maximum floor area for all the buildings on this piece of property. Using the formula we came to a total square footage of twenty-five thousand square feet. This Is a floor area ratio of .1343 which is thirteen percent. Basically thirteen percent of the property would have a building on it and that is exclusive of parking areas and things like that. The next suggestion was that considering that the city has no architectural standards we could apply the PD 134 condition involving corrugated or metal frontages on any buildings on the property, and we adapted that to read that there be no corrugated or metal exteriors on any building elevations that would be visible from 1 -35, To the extent that we can address that kind of Issue, making sure that the building, as it is on an entryway, will at least present a pleasant appearance to people driving into Denton, In addition because there is no specific use being proposed for this property at this time by rezoning it to light Industrial use it would open the property up for off premise signs along the interstate. We are proposing the condition that there be no off premise signs allowed on this property, When someone comes in and develops the property they could put signs up for their own use but in the interim when the property is vacant or even when it is developed they can not put a sign up advertising another business. This is a way to keep that area free of billboard signs. With light Industrial use comes a loading 0 dock, and a dumpster area and we are proposing as a condition in this approach that 0 those areas be screened by a six foot opaque screen, fence, wall, or plants so that they will not be visible from 1-35. We are trying to keep the visible aspect as pleasant as possible for the City of Denton. Because there Is a lot of vegetation currently existing ,t 457 ~ e • as 0 r 1t _ DIM 02Z P & Z Minutes April 26, 1995 Page 4 on the property we don't feel that a formal bufferyard should be required but instead we propose the condition that any existin4 trees whose trunks are within 25 feet of the property lines be maintained. With this rezoning you will be making an important policy statement. You will be changing the current approach from requiring these things to be a planned development to an approach that doesn't use a PD. With this approach you will be losing your ability to look at a site plan. This area is more suited to a moderate intensity as opposed to a low intensity, nose are the two most important things in this case and you are basically changing your direction as far as how you want to approach these kinds of things. Ms. Russell: Your statement about changing policy and that we will be losing the ability to review a site plan, can you explain what you mean? Mr. Reeves: With a PD approach a detail plan has to be approved and in this approach we are not requiring Them to submit any kind of detail plan. We are simply telling them that they can go ahead and use it for this list of light industrial uses. You cannot have an off premise sign, the bdlding cannot have any metal elevations that can be seen from 1-35, the loading dock and the dumpster area has to be screened, and we are not going to require a buffer area but you have to maintain any trees that are within twenty-five feet of the property lines. These are all things that would normally appear on a site plan. What we are saying Is that we don't need to see a site plan, you do it like this and we can live with that. Ms. Russell: We are putting the conditions In now so it is a little more streamlined and would affect what we look at later in a site plan? Mr. Reeves: It would streamline the process because you would riot have to review a site plan. Ms. Russell: These conditions have been discussed with the petitioner? • Mr. Reeves: Yes. Dr. Huey: Discuss you reasoning for condition four and five and what about the residential area that abuts this property, • Mr. Reeves: There r, to residential area that abuts this property. It is currently vacant • • rand. ✓ Mr. Robbins: Those conditions apply only to the area of the zoning cm which is the Q • ~QAIidB k0 Agendaf P & 7 Minutes ~a1! _ b -ZO April 26, 1995 Page 5 area in green on the overhead, Mr. Reeves: The rezoning case and the way that we approached it is dependent on the intensity amendment. Mr, Robbins: To compare the: PD issue versus the detailed issue, none of those areas in the PD have a detail plan approved so before a building permit can be issued you will have to review a detailed plan of the layout of the buildings, the parking lot, and the landscaping. Mr. Reeves: We did send out six notices and we received two back, both in favor. Ms. RusscT Would the petitioner like to speak? Mr, Robert Raynor. My name is Robert Raynor and I am at 1108 Dallas Drive, Sulfa 310, I am speaking for the owner Paul Lockhart and I would like to thank the staff for their progressive thinking in this approach. I think this is a very good case foe the type of zoning that you are looking at, The petitioner has agreed to all of the conditions except for the one concerning the trees and we would like to just have a size stipulation. Dr. Huey: What has prompted this request? Mr. Raynor: The market, we are seeing the market increase along the I-35 corridors and It is time to prepare these tracts so they can be sold. The property owner wants to prepare the land to be sold so that the city knows what Is going to happen. The owner had enough foresight to do it In advance of selling it. Ms. Russell: Is there anyone to speak in favor of the petition? Anyone to speak in opposition? We will close the public hearing. Doo the staff have any fltrther comments? Mr. Reeves: Seeing as this requires a DDP amendment as.well as a vote on the.,ezoning you may want to vote on these separately. Mr. Drake; If you had consensus to vote on them together I don't see a problem. , • Ms. Russell: On the size of trees don't we have a landscape ordinance that would • • address this? r Mr. Robbins: The only standard in the ordinance is that ten Itch trees are protected. • 0 • I ca • r aNc 9C~- P & Z Minuses Oats April 26, 1995 Zd Page 6 The other number that is out there is two inches which is the minimum size to plant for landscaping purposes. Is two inches all right? I think the applicant is nodding yes on two. Ms. Russell: Could we just change that to put in the condition number seven that all trees with two inch or larger trunks and within twenty-five feet of the property line be maintained? Dr. Huey: On page 16 the statement is made about the topography of the land that it has the potential to make development difficult without any extensive grading. That follows the statement about considerable trees in the area. Is that grading going to encroach upon that wooded area? Mr. Reeves: Probably, Given the layout of the site there is a cleared area there but it is not large enough to accommodate a twenty-five thousand square foot building so there will have to be some additional clearing. The property slopes away from that cleared area, and if there is some grading required for the building it will mean that some of the trees there will have to be removed. That is part of the reasoning behind the condition for maintaining the trees within twenty-five feet of the property lines. We are recognizing that some of the trees will be lost to accommoCste a building. Dr, Huey: I also creed someone to clarify for me our authority to make or recommend modifications to the existing Denton Development Plan, Mr. Reeves: You have the authority to do that and I assume that the final decision will be made by the City Council. You will recommend to them that they make this intensity change to the Denton Development Plan and the Concept Map. Mr. Cochran: Do we have the authority to recommend approval of this proposal without recommendation for a change of the DDP? Mr. Reeves: You can assign the disproportionate share of trips to the piece of property without making this amendment to the DDP. Mr, Robbins: The Denton Development Pian that was adopted in '88 has had about a dozen amendments to the map and many of those were made at the same time as we were reviewing a land use or zoning case. The DDP is adopted by resolution and so the • Council will have a resolution and an ordinance on their agenda that night. We usually handle both at the same time. 0 • c~ 0 w ,~pNo gS qg~l P & Z Minutes Oita y21 . April 26, 1995 Page 7 Mr. Cochran: I move that we approve this requested rezoning from agriculture to light industrial conditioned with the amending of the Denton Development Plan with the following staff recommendations and the condition change for number seven so that the sentence include the statement that all trees with a two inch or greater trunk diameter and within twenty-five feet of the property line be maintained. Mr. Norton: I'll second that motion. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. All opposed same sign. Approved. (5-0) III. Timbers Apartments. A 4.508 acre tract located on the west side of Ruddell Street, approximately 1,000 feet south of East University. a. Hold a public hearing and consider the rezoning from the Single-Family 7 to the Multi-Family 1 (conditioned) zoning district. Ms. Russell opened the public hearing. Mr. Reeves: 'this is a request for rezoning that came out of a request to replat a piece of property for a parking lot. It is on Ruddell street directly across from the TWU golf course. At DRC we noted that the zoning line was not where it was portrayed and there were apartments constructed on property that was actually zoned SF-7. There are approximately sixty-four units that were built in 1972. At the direction of DRC they applied for rezoning, The total area to be rezoned Includes the property that the apartments are on and the property for die parking lot. The intensity analysis shows that this request it actually over the allowed intensity, The intensity that Is allowed is two 1 hundred and seventy intensity trips. The total intensity of the request is nine hundred and eighty-two trips. Concerning separation and concentration, the existing apartment complexes are owned by the applicant and it does not meet the separation requirement, I • nor does it meet the concentration requirement, The level of apartment development on the property there is at a density of almost thirty units per acre. It fails these three criteria so we have to go to the other four criteria. It has access to utilities from Ruddell Street and the apartments are currently receiving service. There is nothing to say concerning the topography. There are no problems with the area to the south where they are proposing to put the parking lot. There will need to be some drainage considerations o made at a later date. 11 is a SF-7 piece of land surrounded by MF-1 zoning with the O TWU golf course across the street, We recommend approval with the condition that the following preliminary plat for the 2.011 acres of Block A, Lot 2 have only a maximum density of twenty-Four units total which keeps it at a density of 11.93 dwelling units per /9. • • ~deNo. #Crz~ rg4 pate 6202 RESOLUTION NO. A RESOLUTION AMENDING APPENDIX A OF THE DENTON DEVELOPMENT PLAN BY CHANGING THE BOUNDARIES FOR INTENSITY AREAS 77 AND 78 DEFINED THEREIN IN CONFORMITY WITH THE MAP ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT 1, BY EXTENDING THE BOUNDARY OF INTENSITY AREA 78 ALONG THE SOUTH SIDE OF I-35E TO STATE SCHOOL ROAD, AND REDUCING INTENSITY AREA 77 CORRESPONDINGLY TO ACCOMMODATE THE EXPANSION; AMENDING THE CONCEPT MAP OF THE DENTON DEVELOPMENT PLAN TO CONFORM THEREWIM AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Paul Lockhart has petitioned the City of Denton for a zoning change for 4.2721 acres located within intensity area 77 as defined by Appendix A of the Denton Development Plan; and WHEREAS, the zoning change would require amending the Coricept Map by expanding the boundary of Moderate Intensity Area 78 and reducing the boundary of Intensity Area 77 by a corresponding amount; and WHEREAS, the Planning and Zoning Commission has recommended approval of the amendments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DENTON, TEXASi SECTION i. That Appendix A of the Denton Development Plan is hereby amended by adopting revised boundaries for Intensity Areas 77 and 78 as shown on Exhibit 1, attached hereto and incorporated herein by reference. SECTION IT, That the Concept Map of the Denton Development Plan is hereby amended to conform with the revised boundaries herein established for Intensity Areas 77 and 78. SECTION III. That this resolution shall become effective immediately upon its passage and approval. 1995. PASSED AND APPROVED this the day of ~ • BOB CASTLEBERRY, MAYOR ATTEST; ® JENNIFER WALTY;RS, CITY SECRETARY • • BY: 026. • 0 • • S Oats APPROVED AS TO LEGAL FORM; MICHAEL A. HUCEK, ACTING CITY ATTORNEY e'.: • i i i • w • r i stir a 0 INTENSITY AREA y 77 J ~r some 0 0 i C~n1,y f. kaV'-.1 i... 'ahR Its is K y1+~~ly V?'p*l rv ~%IZ'~f?IBC 7 t'z!~ V1V (~^U I SAWKO & $URROUGHS, L.L.P. 1. LAW OFFICES OF SAWKO & BURROUGHS, L.L.P. 1100 DALLAS DRIVE, SUITE 100 DENTON, TEXAS 76205 817.382-4357 FACSIMILE 817-591-0991 1-800-499-7477 TOLL FREE I !y PROPOSAL FOR THE TAX ATTORNEY CONTRACT DELINQUENT PROPERTY TAX COLLECTIONS FOR THE CITY OF DENTON, TEXAS SUBMITTED BY: MARK A. BURROUGHS 5AWKO & BURROUGHS, L.L.P. RFSP #1759 MAY 16, 1995 _y. ..,y~.~yrr-, .._e..:.~:.. ~ -:r:~w:i.... o..~......-•-.'___ q t r r i :s.~~ 4 A 1'o- ,n~ ~1~~ IL~~ ~11~~~k! ~ ` t~~r~Y~i !~~`i4 r~rj'~~F~kF~~~ T~AI • a • 1993-1994 Tax Collections Rates Total Tax, Penalty and Interest Collected to 1993-94 Tax Levy 104% 103.V 103% 102% 102' 09/o 101.8°, 101.5% 101.50/ 101% 101,0°x, 100% 99.9% f 99% 98% -0 y *IU- m 4 00 6 U , - U 1 O C) a) Z W 0 `o t% U 0 CowrAttollons based on Total Tax, Pondly and Infefosl colectod during 1993.1994 flscol Yocrr dMded by 199394 Adqustod Tax I ovy crr fiscal Year end as suppllod by Donlon fox Office, Denton Central Appraisal District and Cooke County Apfxolsal Distrfcf. wrw • O • w • REASONS TO HIRE SAWKO & BURROUGHS, L.L.P, OVER THE OTHER FINALISTS 1) 100 % Local Control Over Collections 2) Local Knowledge to Aid Collections 3) Collections Experience and Results Equal to or Exceeding Our Competitors A) Superior Level of Services Provided 5) Higher Concentration of Effort in Denton 6) We Have A Long Track Record of Excellent Rates of Collection in This • County (Over 13 Years) 7) Keep Denton Tax Dollars IN DENTON "Shop Denton First" F•M'•.l. l 1 s w • w i SAWKO & BURROUGHS, L.L.P. I LAW OFFICES OF SAWKO & BURROUGHS, L.L.P. 1100 DALLAS DRIVE, SUITE 100 DENTON, TEXAS 76205 817-382-4357 FACSIMILE 817-591-0991 1-800-499-7477 TOLL FREE PROPOSAL FOR THE TAX ATTORNEY CONTRACT DELINQUENT PROPERTY TAX COLLECTIONS FOR THE CITY OF DENTON, TEXAS ® SUBMITTED BY! • • MARK A. BURROUGHS SAWKO & BURROUGHS, L.L.P. RFSP #1759 MAY 18, 1995 1 wry-.-• y.rr4.r.-. , - ..u~....ar.lY.iY Y'I O rY IF"" ~ - s, 2 : I1' • cn • SAWKO & BURROUGHS, LIT. Attorneys at Law Gregory J. Sawko 1100 Dallas Drive, Suite 100 106 W. Main Street Mark A. Burroughs Denton, Texas 76205 Gainesville, Texas 76240 Telephone (817) 082.4157 (ny Appolnunenl only) Facsimile (817) $91.0991 May 16, 1995 City of Denton Purchasing Department 901-B Texas Street Denton, Texas 76201 Attention: Tom Shaw, Purchasing Agent Dear Mr. Shaw and Council Members: I am Mark Burroughs, 'Tax Attorney for Sawko & Burroughs, L.L.P. of Denton, Texas. I am a Property Tax Collections "specialist", and have devoted the greatest portion of my legal career to perfecting and performing tax collections work (since 1982). I very much wish to become the City of Denton's Property 'fax Attorney, Although our accompanying Proposal goes into great detail as to our experience and collections program, there are two major points that I believe set us apart from AU other law firm bidding on the contract, and which I sincerely hope position my firm as the logical and clearly best choice for this community. First, f and my staff have great statewide tax collections experience together with a long history of superior collections rates in Denton County. No other property tax attorney(s) provide more services or perform in a better fashion than do we. Even more, we concentrate on services solely in Denton and Cooke County. No law firm has channelled and specialized its collection procedures to cater to Denton, its people, courts, appraisal and tax offices, • research facilities, etc., more than we. We simply offer the best overall collections legal service available, bar none. Our client references can help bear this out. Second, I am the only competing Denton attorney who is fully capable, competent and experienced in property tax collections practice. The lens of thousands of dollars paid annually by the laxpayers of the City for your Delinquent Tax Attorneys would stay here in Denton if 0 we were to become Denton's 'Tax Attorneys. This would follow through on the City Council's • • publicly, stated policy as reflected on numerous occasions as well as the Vision 2000 project which the City has strongly supported. All of the other competing law firms that offer a local presence actually direct the great majority of attorneys fees out of Denton County, including those under the current expiring City contract. 1 • t) w • i i [f competent, capable source(s) of products and services are available locally, at an equally competitive price, I would hope that you will agree that such should be obtained locally. It is simply good business for Denton to "shop Denton". Since the cost of our legal services to the City is zero, I ask that you verify our competence, then support this local business by selecting Sawko & Burroughs, L.L.P. as your Delinquent Property Tax Attorneys. I look forward to this opportunity to further serve the Denton community, and all of us at Sawko & Burroughs would take great pride if chosen to do so. 'T'hank you for your cnnsideration. Sincerely, S B OUGH L.P. Per. u.t Mar g, Property Tax Aft ey f. Enclosure CC: City Council Members W/out Enclosure Mr. Lloyd Harrell City Manager t W/out Enclosure i • 0 • ! 1. i i~ . 14~>~Cl N t 1 • • DUN" SAWKO 8i BURROUGHS, L.L.P. INDEX TO PROPSAL Page I. CHARTS AND REPORTS II. ENFORCEMENT PROGRAM A. APPROACH AND COMPETITIVE ADVANTAGE 4 B. COMPUTER HARDWARE AND SOFTWARE C. TAXPAYER COMMUNICATION D. COLLECTIONS LETTERS AND NOTICES g E. RESFARCH . 19 F. WORKING WITH TAXPAYERS 13 G, LAWSUITS 14 H. JUDGMENTS/FORECLOSURES 15 I. TAX WAR RANTS/ENFORCEMENTS 16 J. BANKRUPTCIES 17 Ill. RESUMES 18 IV. REFERENCES 28 V. PROGRAM POINTS • A. COMPENSATION 30 B. PERFORMANCE CRITERIA 1 31 C. REPORTS AND APPEARANCES I 32 ® D. SPECIALI7ATIONIFXPERTISE 33 • • Vl. IMPORTANT THINGS 70 CONSIDER 35 VII. PROPOSED CONTRACT 38 • a SAWKO & BURROUGHS, L.L.R 1 l l j i. 1 CHARTS AND 1 REPORTS j d ~l I I • SAWKO & BURROUGHS, L.L.P. r EXAMPLE 1993-94 TAX COLLECTIONS RATES TOTAL TAX, P&I COLLECTED TO CURRENT YEAR LEVY TOWN OF FLOWER MOUND (DENTON COUNTY) 1060/0 LAKE DALLAS ISD (DENTON COUNTY) 1022/o LITTLE ELM ISD (DENTON COUNTY) 101.0% CITY OF GAINESVILLE: 103.9'i6 I NORTH CENTRAL TEXAS COMMUNITY COLLEGE DISTRICT; 1010/0 GAINESVILLE HOSPITAL DISTRICT: 101 al/o 1 t f • I -._.eeaes 44 • I- cm i SAWKO & BURROUGHS, L.L.P. 1 I l DELINQUENT TAX COLLECTIONS ENFORCEMENT PROGRAM f i e e • • 1 PAM9 i l 1 i e s SAWKO & BURROUGHS, L.L.P, A. OUR APPROACH AND COMPETITIVE ADVANTAGES The guiding principle behind our program of collections is to get the taxes paid at the earliest possible time, with the least cost to the taxpayer, and without as cost to our taxing unit clients. We have accomplished this goal with consistently excellent results since we began our efforts in Denton County in 1973 representing Lewisville independent School District. Further, our collection success has not come at the expense of generating excessive negative taxpayer reaction which is sometimes a quite difficult feat to l accomplish! We have acquired and developed over the years of representing taxing entities all the required hardware, software, office staff, procedures and know- how highly specialized to accommodate you as a Municipality operating In Denton County. We understand that Tax Collection takes a great commitment of time, financial resources, personnel and many other specific elements to create a successful volume tax collections law practice, which commitment we undertook many years ago when we made tax collections our primary area of practice. The fruit of our knowledge and history of collections experience in the area is unsurpassed by any competing tax collection(s) law firm. We have in recent years concentrated our tax practice solely in Denton and Cooke Counties to more efficiently and effectively perform our services here, We have established close working relationships with the County's Courts, Tax Office and Appraisal District personnel, and all the various administrative and enforcement personnel vital to an effective tax collections e practice. There is no substitute for this background and experience in J working with collections enforcement personnel locally. Having benefitted from the experience of representing taxing units across the state for over 20 years as a specialty, we have been able to learn ® and employ a fully complete array of collections techniques. In this way we e e are able to approach collections in the ways that experience tells us will - FAOP A • o • co • i SAWKO & BURROUGHS, L.L.P, accomplish the most, and we avoid making major mistakes of which history has told us to be wary. Ad valorem property tax collections is a highly specialized field of legal practice. A non-specialist attorney simply cannot perform this work as i efficiently and successfully as one who has devoted a career in this area of work. No other local attorney(s) are qualified to perform these services. Because of a long history of tax collections experience, we are able to take action on hundreds or even thousands of delinquent accounts at one 1 time while simultaneously devoting the time necessary to address Individual 1 taxpayer questions and problems arising due to the numerous exceptions to each rule of law under which we operate, It Is absolutely critical to an effective collections program to handle each delinquency with utmost courtesy, speed and efficiency, It Is our speed and efficiency which allow us to process all delinquent accounts In an equal and uniform manner (as the Tax Code and Texas Constitution require), rather than merely working on a few, "cream of the crop" type accounts. Finally, we are a Denton law firm. All funds paid by the City of Denton for legal services will be kept in Denton. We, In turn, acquire our office equipment, supplies, services, etc. right here in Denton If available. If equivalent services are available locally, it would strongly benefit the entire community to choose such a local source. You should be aware that a large H percentage of the tax attorneys fees currently paid by the City flows out of county, There is no service that your current attorneys provide that Sawko & Burroughs will not also provide (or exceed). Therefore, no reason exists l not to work toward the betterment of the Denton community generally by expending these funds locally, Further, we would anticipate hiring additional local staff to assist in property research and direct taxpayer communication • once the City's business is secured, Thus, by contracting with Sawko & Burroughs, L,L.P., you will be creating additional professional job(s) in our rr communlty. I r0 • w e 1 t SAWKO & BURROUGHS, L.L.P. B. COMPUTER HARDWARE AND SOFTWARE 1. HARDWARE AND SUPPORTING EQUIPMENT We have six separate complete computer stations for use in delinquent tax collections, which in turn are tied Into a network which is supported by ESDI hard drives with 500 megabytes of memory, 8 megabytes of RAM and operates at 66 MHz. This networked computer system also serves as a back-up to support the collections program. The aforementloned stations are fully Integrated but independently operated computer systems, each capable of performing any task in our collections work. This enables various tax functions, e.g., printing, file maintenance and Inquiries, to take place at the same time. All of our primary computers utilize 486SX33 MHz CPU as a minimum. Our systems are highly 1 efficient and have been adapted to accommodate our software so as to provide the most efficient data processing support practicable. In addition to the CPUs, we employ both laser printing and dot matrix printing to accommodate the various types of information dissemination required, We have redundant printing systems also in order to avold delays for hardware maintenance and repair, not to me,ition accommodating simultaneous print functions, which is very important during times of mass mailings and other large printings. Other supporting equipment includes a tape reader for converting Tax Office data transfers by tape, drives for reading cassettes, disks, CD-Rom, automated folding equipment to accommodate mass mailings, automated postage metering and envelope sealing equipment, high speed copiers, and other equipment. e e , e e ~r r r a R 1~ SAWKO & BURROUGHS, L.L.P. 1 2. SOFTWARE We have ourselves developed a software program designed exclus_ly I I by and for us to perform tax collections services for Denton County taxing units. We have adapted and fine-tuned this program over the years at great expense in order to provide efficient, comprehensive and versatile functional support of our legal enforcement techniques. Our software readily provides for maintenance and updates all subject delinquent accounts. Expeditious and reliable account/file maintenance is the most important aspect of our computer processing in tax collections due to the fact that It represents the greatest commitment of time and labor on a per day average over any other aspect of f this volume collections practice. Our software provides for printing of tax statements which include all J relevant Tax Office Information Identifying the account, the property, the owners, the base tax, year(s) of delinquency, penalties and Interest calculated for any particular month, attorney's fee calculation, all lawsuit Information, all filing fees and other costs of court, Ifenholder information and special notations made regarding the account, As any of this information changes, e.g. changes In ownership, owner's address, partial payments, bankruptcy, suit filing, etc., we make corresponding changes In our database. Additionally, our database structure is flexible, allowing us to add fields for new types of information to be i kept with ease. In many Instances, our account Information may be more comprehensive and up to date than that of the Tax Office Itself, In addition to the day to day processing and file maintenance functions of our software, we are capable of generating any sort of report based upon the data on file. Since the record of payment, deletions, property descriptions and totals of outstanding tax are wholly dependent on the City of Denton Tax Office, • reports on these areas are obtained directly from the Tax Office. 1 We retain software programmers with background in our existing programs to support updates to software (to take advantage of advances made in the computer industry), as well as to overcome any problems encountered In this ~ I area. ~ ~ o PAnP • a • SAWKO & SURROUGHS, L.L.P. B ( C- COMMUNICATING WITH TAXPAYERS It is our highest priority, if the delinquent taxes are not immediately paid, to establish actual, open communication with delinquent taxpayers. This goal Is pursued in order of efficiency from most efficient from the perspective of volume collections to least efficient, as follows: I attempt to make contact by telephone - induce contact by filing suit and sheriffs citation - personal, face to face contact Since the remedies available to force collection of taxes are so onerous and devastating to the taxpayer, we take great strides to fully Inform each taxpayer of their responsibilities regarding the property tax due, the available sources of Information if a question, misunderstanding, or potential error exists, and what upcoming legal action is scheduled so that the taxpayer has every reasonable opportunity to resolve their delinquency at the earliest time and prior to attachment of additional legal and other costs. Further, if taxpayers, Tax Office or City officials on any level wish to speak directly to an attorney to answer a question or clarify Issues, etc„ the attorney does and will continue to make himself personally available for such calls. Since our staff is so well acquainted and experienced In Denton County collections, I however, most questions can be answered by those cognizant staff members. ' Our principal office address is: • 1900 Dallas Drive, Suite 900, Denton, Texas i Additionally, we offer the following toll-free telephone number to accommodate non-local taxpayers (which can involve many on the delinquent tax roll) in answering their questions regarding delinquencies: ® 9-800-499-7477 PAGE 9 I Ga SAWKO & BURROUGHS, L.L.P. _ D. COLLECTION LETTERS AND NOTICES We precede every significant step In legal processing, e.g. filing of a lawsuit, Issuance of sheriffs citation, scheduling of trial, etc„ with a courtesy letter or notice (sent at our expense, of course). Although the Texas Property Tax Code does not require such preliminary contact by your attorney, we have t adopted the approach that more attempted Contacts are always better than fewer such attempts. It should be noted that we follow this same pattern even on low dollar delinquencies where often the total 15% attorney's fee may be expended in mailing costs alone. Although this may be true, we do not discriminate against larger accounts by concentrating exclusively on them while Ignoring other accounts simply due to their size of delinquency. We make a great effort to maintain an even-handed approach so as to convey to the public, on your behalf, a rigid rule of falrross in our collections program. The success of our collections program and the 0gh volume of actual collections we have achieved allows us to average out our expenses over many accounts being collected. Our letters and notices often change yearly to reflect changing circumstances within the area, Our program is such that we maintain complete flexiwility to adapt to your particular needs at any given time. And given that we perform our tax services in this area only, we can devote 100% of our attention to '-h )se changing needs locally. All letters, notices and tax statements that we send out are generated internally without reliance on the Tax Office or other entity to provide such information to us. This allows for immediate processing of information mailings and responses to taxpayer Inquiries. It further allows us to take immediate legal action on any given account(s) no matter the complexity of such action and no matter the availability of Tax Office or other sources of information. Such independence is essential to efficient performance of tax collections functions. It is of particular importance to the research area of our work that your attorney possesses a background in real estate law, corporate law and even oil and gas law, Otherwise, a great deal of time and effort might be wasted e attempting to determine who is actually an interested and/or responsible party ' o on a delinquent account. _ Paa 9 ~ Q • SAWKO & BURROUGHS, L.L.P. Costs of our research are never passed on to our taxing unit client, and are generally borne by us. If a lawsuit Is filed, It Is possible to collect the f reasonable costs of research directly from the taxpayer(s) Involved as an added expense. The charge assessed a suited account for research Is usually well below market or actual cost. As with any aspect of our collections program, we seek and activel encourage Tax Office and other administrative, or even Council level, Input suggestions and critique of our approach in collections. We are pro-active In continuously upgrading and adapting our system of collections to our ever changing community. 1 rr 1 1 1. pAft 10 f f ! rl tr • m • r SAWKO & BURROUGHS, L.L.P. E. RESEARCH OF DELINQUENT ACCOUNTS An absolutely critical element of our collections program is our research of delinquent accounts. We know that if all interested, responsible parties are fully informed of their tax liability on any particular account, this usually results in payment of the tax. It is for this reason that we place a heavy emphasis In our program on property account research. The goal of our research is identification of the names and addresses of all true owners of the property subject to the tax, all Ilenholders to the property, and all other interested parties to the subject property (e.g. heirs, corporate officers, former owner(s) if owned during the year(s) of delinquency, etc.). The steps taken in our research routine include, but are not limited to: 1. Use of mailings to identify bad addresses and incorrect ownership information. 2. Obtaining updates from the Denton County Appraisal District, the City Tax Office, and/or the Denton County Tax Office. 3. Searching telephone directories for new information. 4. Review of County Plat Office, Appraisal District records and County Deed records for lienholder and other available information. 5. Personal contacts with neighbors, lienholders, Tax Office and other personnel who may be familiar with the subject owner(s) of • the property. 6. Contacts with closing agents, attorneys or other parties reflected in the last title transfer of record. 7. Contacts with the Secretary of State, Comptroller or other record- 0 keepers, usually on businesses or businek s accounts. • • PAQ1 11 i Y SAwKO & BURROUGHB, L.L.P. 8. Contacts with oil & gas production companles to determine ownership of taxable mineral Interests through updated division orders, etc. t ! ! ! I I I 12 I P { 'K t t4 ~ t S 35 A 7 Sd ~I f t~ yi lK xIJf 40 ~i. X r€ZAt !1 ti Sr~t~~Li ~t4(?ldi~1 ~~(~1Ntisf~h • • y 1 SAWKO & BURROUGHS, L.L.P. F. WORKING WITH TAXPAYERS TO AVOID SUIT The filing of lawsuit obligates the property owner to pay significant additional costs directly related to the suit. Together with the embarrassment factor, potential effect on credit and risk of loss of their property through foreclosure, the impact of a suit filing can be great on the taxpayer as well as the property burdened with the tax lien. It is for this reason that we endeavor to get the account resolved prior to suit filing. Since taxing units -are themselves exempted from being assessed the costs of suit. however, there Is no significant "cost" to you is our client In fling a iax suit. At all steps in our collections process, we strongly encourage taxpayers to contact us or the Tax Office prior to suit filing. Our policy, unless directed otherwise by our taxing unit client, is to work with taxpayers who do communicate with us to help accommodate any reasonable arrangement to pay their overdue taxes. The penalty and Interest continue to accrue on any unpaid balances, however, so that the taxing unit does receive some offsetting benefit when a workout over time is arranged, I "rhe Tax Office does canter into payment plans with taxpayers under certain circumstances. We generally have no objection to such plans. Our close working relationship with the Tax Office Includes daily „ommunicatlonR which helps avoid any conflicting policies oagarding payout arrangements being l made for any particular delinquent account. Again, our overriding goal Is to collect taxes ss quickly and as "painlessly" to all concerned, not to sue and foreclose upon taxpayers. If a payment plan is breached, however, we take Immediate legal action • against the offending delinquent account. We do mako this 1~ , ct known to the taxpayer before we arrange to accept installment or other time payments. • 4 r; • a • SA'NKO & BURROUGHS, L.L.P. G. PURSUING LAWSUITS In order to achieve our rima collection, our collections effortprimary must be taken seriously Th s istasmustaif payment of property taxes Is to be considered a top priority by the responsible property owners. For this reason, we do follow through with the filing of lawsuit after reasonable alternatives thereto have been exhausted. We currently have over 750 accounts under suit In Denton County District Court. It is expected that the great majority of these accounts will pay their taxes prior to judgment. Still other cases will be abated for bankruptcy of the property owner or due to receipt of tax deferral and abatement on the homesteads of elderly persons. In a few cases, even though forced to have filed a lawsuit, we will agree to delay legal processing pending a pay-out over time, given an compelling reason to do so. In the final analysis, however, judgment will be taken if no other result Is reasonably forthcoming. If any of our taxing unit clientele wishes for a more aggressive approach to collections at any particular time, we have virtually an unlimited capacity to conduct volume legal processing on eM short notice. We encourage your input as to the level of services and amount of formal legal activity being undertaken on your behalf. This activity can take the form of any of the various collections techniques authorized by the Tax Code, Our suit filings generally consolidatE all property owned by a , agle person or group of persons Into a single suit in order to hold .sown tour )sts to the taxpayer, minimize the burden on the Court, reduce record-K ,Ing requirements, and make the collections )rocess as efficient as possbc Ince suit is filed, taxpayers affected thereby art immediately notified of tl egal action taken. s f t Of course, notices would already nave been attempted before s4 was instituted and additional notices are attempted thereafter before Bch subsequent step in legal processing. We strongly believe In prov ' iq taxpayers every reasonable opportunity to pay bef a attachment of cumula, court costs. • O • as s 1 BM` SAWKO & BURROUGHS, L.L.P. H. OBTAINING JUDGMENT AND FORECLOSURES The final two steps of our standard program of legal processing are: 1) proceeding to trial to obtain a judgment against the subject property and its owner(s); and 2) conducting a foreclosure sale of the property if same is deemed necessary. A property tax foreclosure has the force and effect of divesting the f ownership Interest of a delinquent taxpayer, even If homesteaded, and has the i power to destroy a "first" mortgage lien, any other voluntary lien of record, and even an I.R.S, tax lien. For this reason, we view such a foreclosure as a final alternative to be taken only when no other means to Induce collections Is evident. Evert so, we have foreclosed and sold property on the "courthouse steps" for back taxes in Denton County and on a number of occasions over the years. It should be noted that, at least in some Instances, tax foreclosure may be the only realistic alternative to clearing title on a property or to otherwise take an Idle property and transfer it to others who will once again make the property productive. In any event, it Is our Intent to pursue judgments, foreclosures and similar collections techniques with caution and with the Input of the City Council to the greatest extent possihia 0 f I b~~ 18 l • a s r 1 P SAWKO & BURROUGHS, L.L,P. L SEIZURES BY TAX WARRANT AND OTHER ENFORCEMENT TECHNIQUES t This firm Is well versed in all methods of enforcing collection of property taxes authorized under the Texas Property Tax Code, and has actively utilized them from time to time In Denton County, Among these enforcement techniques, we have performed; 1, Filing of lawsuits and conducting of foreclosure sales of property per §§33.41 et seq, and 34.01 et seq, of the Tax Code; 2. Conducting seizure of personal property pursuant to tax warrants issued under §33.21, et seq, of the Tax Code; f 3. Pursuit of secured, priority claims In Bankruptcy Court per §507(a)(7) of the Bankruptcy Code; 4. Obtaining division orders and directing reallocation of same to provide for payment of delinquent taxes on mineral Interest; and 5. Tracing of proceeds of property sold by a former property owner or lienholde," in a distc - ale situat; The use of tax warrants to seize the personal property of a d ilinquent taxpe, er is probably the most sc ver3, and most Immediately active, collections technirije available to a t zing unit. When -sed correcthl, such a selzurA, although naringiy employe. can grate a t sat deal of w. "e ;bons as well as increa. , , respect of tax c %,,,ectlor,s snforcer mt. However, due to the objershin hnrshne._ of this cc" ctJ is too;, -+ne hat we Intend ro take only in propriat: circumstances ai, vith as ~r,csr Input of o, taxing unit clie:.,s as pos.jible. f J • • $AWKO & BURROUGHs, L.L.P. J. BANKRUPTCY WORK We currently handle many dozens of delinquent property accounts now under bankruptcy In Denton County, As a general rule base taxes survive bankruptcy but not without the filing and pursuit of a claim in Bankruptcy Court, Personal property taxes of a bankrupt taxpayer are often only recoverable through the Bankruptcy Itself, as personal liability can be cut off and the property taxed may be relocated such that we cannot trace It. We perform all requisite bankruptcy representation concerning property taxes as part of our basic service to the City, It Is a fact that most often, no attorneys fees are paid out on bankrupt accounts. This work Is undertaken by us without compensation as a general cost of doing the City's business, We receive daily batches of bankruptcy filings, often totalling dozens of documents. Each of these must be reviewed, the Impact on tax claims analyzed, and a course of action, If any, prescribed and Initiated by the Tax Attorney, Any required appearances, motions, responses, objections and other actions for pursuit and preservation of your tax debt are performed by us. This is why a background in bankruptcy law is very useful In tax collections work, l j s f J~ PIAS 11 i 0 a ; SAWKO 8 BURROUGHS, L.L.P. r r RESUM9 S OF KEY INDIVIDUALS TO BE ASSIGNED TO THE CITY OF DENTON 1 1 r r r ' ~ ~ • ca SAWKO & BURROUGHS, L,L.P.' R MARK ALAN BURROUGHS, ATTORNEY 709 SKYLARK DRIVE DENTON, TEXAS 76205 Job D acri o Partner, Sawko & Burroughs, L.L.P. As Principal Tax Attorney, Mr. Burroughs will maintain personal, direct and daily control of delinquent collections enforcement procedures for the City contract. i Background 1 Professional: First employed by ad valorem tax attorney In Houston area in 9982. Moved to Fort Worth in March, 1983 to join with Theodore C. Huke, P.C, to conduct delinquent tax collections work for North Texas (Denton) area. Became partner in lawflrm soon thereafter. Became managing partner in 1989, Merged with Hayes, Coffey & Berry, P.C. in October, 1993, and established Sawko & Burroughs, L.L.P, In Septomber, 1994. Licensed to practice law before all Courts of the state of Texas, before the U.S. District Court, U.S. Court of Appeals for the Federal Circuit and U.S. Court of Federal Claims. [ Tax Collections: Personally expert In all phases of collections enforcement including research, direct taxpayer contact utilizing media, filing of lawsuits, conducting trial and foreclosure, seizures by tax. warrant, bankruptcy work, etc. Concentrated area of practice in delinquent property taxes since graduating law school In 1982 through the present. Has conducted seminars In tax collections for tax offices and other organizations since 1984. Law School: Jurisdoctor received in 1982 from the University of Texas • School of Law in Austin, Texas. Undergraduate: Stephen F. Austin State University, Honors Graduate with majors in Business, Political Science and History, Student Body Presldent, Vice-President, Freshman President. Health: Excellent Family: Wife Diana McKee Burroughs, children Madeline (4 years) and Mark (2 years). • 0 • • I J - SAWKO & BURROUGHS, L.L,P. JACQUELINE HOPPER WILKE 2532 RIDGMAR BOULEVARD #2 FORT WORTH, TEXAS 7E 116 EXPERIENCE CURRENT: TAX PROGRAM MANAGER: Sawko & Burroughs, L,L,P, 1988 to present ■ Manage all aspects of ad valorem collections program and proced -es (full time) PREVIOUS: TAX MANAGER: City of Arcola Arcola, Texas 1984 to 1985 ■ Managed all current and delinquent collections aspects f SELF-EMPLOYED: Southern Cross Enterprises Richmond, Texas, March 1982 to May 1988 TAX: 0 Manager, Delinquent Tax Collection Contract with Fort Bend County for Law Firm of Van Slyke, Gilbert & Van Slyke, Richmond, Texas 1984 to 1985 1 ■ Manager, Delinquent Tax Collection Contract wfth Fort Bend 1 County for Law Firm of Gates Steen, Austin, Texas, 1986 OTHER: ■ Private Investigator ' ■ Contract Investigator, Texas Department of Mental Health/Mental Retardation, 5 years ■ Freelance Editor, Fort Bend Business Journal ■ Freelance writer and newspaper editor INVESTIGATOR: Fort Bend County Sheriffs Department Richmond, Texas 1976 to 1982 • ■ Conducted criminal Investigations EDUCATION: UNIVERSITY OF HOUSTON, Houston, Texas WHARTON COUNTY JUNIOR COLLEGE, Richmond, Texas Credit flours Completed: 9 GPA: 4.00 Non-Credit Courses Completed: Texas State Peace Officer • Certification • REFERENCES: Available upon request Pena 20 • F- ca • SAWKO & BURROUGHS, L.L.P. POLLY WILKE 2532 RIDGMAR BOULEVARD #2 ! FORT WORTH, TEXAS 76116 1 EXPERIENCE CURRENT: LEGAL ASSISTANT: Sawko & Burroughs, L.L.P. DECEMBER 1990 to present (full time) ■ Research accounts and prepare delinquent tax lawsuits ■ Work accounts from filing of lawsuit through judgment ■ Post payments, record changes, maintain databases Provide information and assistance to taxpayers PREVIOUS: SCHEDULING ASSISTANT: Compressor Engineering Corp. Houston, Texas, August 1987 to December, 1990 ■ Prepared production and work flow schedules M Coordinated all assembly production ■ Acted as Safety and Medical Officer M Assisted Scheduling and Plant Managers with plant operations TAX CLERK: Fort Bend County Tax Assessor/Collector Richmond, Texas, March 1984 to May 1987 ■ Handled all taxpayer correspor%J~nce ■ Post tax payments (current . delingL ■ Handled all incomplete/pat „ payments + ■ Provided customer servitd RATE CLERK: Skyline Moab der Service Houston, Texas, August 1982 to 'ebrua,y 1984 f I [ ■ Provided rate quotes fc. ( liveries • ■ Took telephone orders deliveries ■ Delivered light package SKILLS: Type 70 WPM, 10-key, excelleo nowledge of We erfect 5.1 EDUCATION: Tarrant County Junior College, A Worth, Tex, Associates Degree, Political Sciei. %Legal Assist,nt) • • • Credit Hours Completed: 61 3.87 REFERENCES: Available upon request I as ~ • 0 • SAWKO & BURROUGHS, L.L,P. SAWKO & BURROUGHS, L.L.P. ATTORNEYS AT LAW The attorneys of Sawko & Burroughs, L.L.P. are proud to uffer professional legal services of the highest quality. We are committed to keeping pace with the increasingly complex needs of our taxing jufisdiction clientele client base. Our offices incorporate the latest advances In management and office technology, including modem; CD Rom; laser printers; high volume dot matrix printers, and a fully networked computer system wherein Bach employee has their own computer terminal, Specifically in the area of delinquent pro;Nerty tax collections, the firm utilizes software that we ourselves specially developed to accommodate legal processing of taxes in Denton County. We encourage the development of expertise In areas of practice according to each attorney's Individual interests and talents. The following briefly summarizes the experience of our attorneys: MARK A. BURROUGHS received h achelor of Business A ninistratic for Select Students degree from Stephen F. Ai State University or GIs law degree from the University of Texas School of Law He is licensed to pr a in all Texas Courts, the United States District Court to, a Northern District of 1 4, the Uniter+ • States Court of Federal Claims and the l' sd States Court of Appeals fo.,gal Circuit, Mr. Burroughs is a member State Bar of Texas, Cooke County Be- Assoc! Jon, Denton County Bar Assc ,Ion, Tarrant County Bar Association and i AN PAnV 4 0 • w • SAWKO & BURROUGH9, L.L.P. j U. S, Court of Federal Claims Bar Association. He practices in the areas of property i tax law, business and government contract law. GREGORY J. SAWKO received his Bachelor of Business Administration in Financial Management from St. Mary's University and his law degree from St. Mary's University School of Law. He is licensed to practice in all Texas Courts and in the t United States District Court for the Northern District of Texas and in the United States ■ District Court for the Eastern District of Texas. Member; Denton County Bar ` Association, State Bar of Texas, American Bar Association, Texas Trial Lawyers ' Association and the College of the State Bar of Texas. He practices In the areas of personal injury, insurance, employment, governmental and civil trial litigation. JACQUELINE WILKE Is a paralegal. Ms. Wilke has twelve years of experience In the area of delinquent and current property tax collections in Denton, Cooke, and other Texas counties, and has previously worked as a Texas State Peace Officer and a private Investigator, Ms. Wilke Is presently a member of the treater Denton Legal Assistants Association. POLLY WILKE is a paralegal. Ms. (Mike has three years experience In • current tax collections, as well as seven years experience in the area of delinquent property tax collections in Denton, Cooke, and other Texas counties. Ms. Wilke i graduated in May, 1995 from Tarrant County Junior College from the paralegal program • r. with an Associates Degree in applied Science. PAQ# 21 i I I 1 SAWKO $ BURROUGHS, L.L.P. SANDRA GRISHAM is a paralegal. Ms, Grisham graduated from Cooke: County College in 1984 with an Associate's Degree in General Business. Ms. Grisham is presently a member of the Greater Denton Legal Assistants Association. SHELLY GARNER Is a senior and pre-law student at the University of North Texas. Ms. Garner Is majoring In Criminal Justice and minoring in Buslness, and expects to graduate In May of 1996. She has general ottlce and computer experience in property tax, and Is employed on a part time basis. Upon acquiring the City contract, we do anticipate additional King. We meet ail EEOC guidelines (Ms, Garner Is of Native American descent) In our hiring practices and will continue to do so. We represent a variety of governmental units, corporations, businesses, and individuals. We concentrate our practice in delinquent property tax collections, as well as governmental law, administrative law, contract disputes, liability and collection issues, personal injury matters, and real estate. Sawko & Burroughs, L.L.P„ represents the following governmental • entities for delinquent tax collection: j Town of Hickory Creek (a years; Town of Flower Mound (9 years) Little Elm ISO (14 years) City of Lake 0 is (13 years) Lake Dallas ISO (13 years) Lake Cities MUA (13 Yeats) City of Little Elm (14 years) City of Oelnesylile (3 years) e Muenster Hospital District (1 year) Siyells Bend ISO Is years) I Valley View ISO (B years) Walnut Bend 160 (B years) Clear Creek Watershed (6 years) PAQ9 24 e . 0 • • J SAWKO & BURROUGHS, L.L.P. - Our firm Is also involved In the community, having members active in service organizatlons such as Leadership Denton, Denton Rotary, Denton Chamber of Commerce, Denton Cable TV Advisory board, Denton Teen Court Board of Directors, Flower Mound Chamber of Commerce, Multiple Sclerosis fundralsing, Denton County Bar Association, Greater Denton Legal Assistants Association, West Texas Legal Services of Cooke County, and Wildcere, Inc. l l 1 ■ I • t C , • • 1 SAWKO & BURROUGHS, L.L.P. IV. TAX CLIENT REFERENCES j 3 I • i f p 2 2d • ~ .~t Jto ) ~ :S .~i Sii~i~ 1' 1'{~ r ~ ~4i~r,~~3h~` ~ • w • l SAWKO & BURROUGHS, L.L.P. e A. CURRENT TAX CLIENTS MARK A. BURROUGHS Sawko & Burroughs, L,L,P, ■ DENTON COUNTY: 1 Lake Dallas Independent School District & C.E,D, City of Lake Dallas Lake Cities Municipal Utility Authority d City of Little Elm Little Elm Independent School District & C,E.D, Town of Flower Mound Town of Hickory Creek COOKE COUNTY: City of Gainesville ` Muenster Hospital District Valley View Independent School District & C.E.D. Swells Bend Independent School District & C.E,D, Walnut Bend Independent School District & C.E,D. Clear Creek Water District, Cooke County We also have been contracted by Galnesvliie to enforce collection of delinquent City Utility Bills beginning January 1, 1996. • PAQM7 1 • • fff""" . ..i9,,v liyilt };~tiryy/Mt~gy'~4„~yy,p. ~ • W 0 SAWKO & BURROUGHS, L,L,P. B. REFERENCE LIST - MARK A. BURROUG HS OF SAWKO & BURROUGHS, L.L.P. TOWN OF FLOWER MOUND (214) 539-6006 Linda Truitt, Town Treasurer Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 LAKE DALLAS INDEPENDENT SCHOOL DISTRICT (817) 4974039 Tom Davenport, Superintendent P. 0. Box 548 Lake Dallas, Texas 75065 LITTLE ELM INDEPENDENT SCHOOL DISTRICT (214) 292.1766 Judy Hutson, Tax Assessor and Financial Administrator 500 Lobo Lane Little Elm, Texas 75068 DENTON CENTRAL APPRAISAL DISTRICT (817) 688.0904 Tom Harris, Connie Bradshaw, and Joe Forsythe Denton Central Appralsal District (DCAD) 3911 Morse Street P. 0. Box 2816 Denton, Texas 76201 COOKE COUNTY APPRAISAL DISTRICT TAX OFFICE (817) 665-7651 e June Mabry, Tax Department Head • Cooke County Tax Office Cooke County Courthouse Gainesville, Texas 76240 NORTH CENTRAL TEXAS COLLEGE (817) 668-7731 o Heidi Ellis, Business Manager • • 1525 W, California Gainesville, Texas 762404699 • 0 : • • f SAWKO & BURROUGHS, L.L.P. V l MISCELLANEOUS PROGRAM POINTS • s 0 0 PAW • i 1; p ! r SAWKO & BURROUGHS, L.L,P. A. FIRM COMPENSATION Under no circumstances do we as your attorneys expect to be I compensated for any of our services rendered to the City of Denton except from payments made for such services by the delinquent taxpayers themselves. The Texas Property Tax Code, under §§33.07 and 33,48, specfflcally provides for legal costs of tax collections to be added, over and above the :axes, pens'ty and Interest, to the total due on the delinquency. We Intend to seek our 15% attorney's compensation directly from the delinquent taxpayers as the Code r provides. Further, if no attorneys fees are found to be recoverable from any l particular taxpayer by ruling of a Court, no such fees shall be due and payable by the City notwithstanding that our efforts might enable the City to collect its tax, penalties and Interest. 1. 1 1 I l aunt as i • - a® • 1 SAWKO & BURROUGHS, L.L.P. B. PERFORMANCE CRITERIA We are aware of the Ci 's existin is to be aid b ~ g performance criteria wherein a penalty , p by your Tax Attorney If 60% of the current year delinquent base taxes are not collected within a 12 month period. Sawko & Burroughs, L,L,P, Is fully amenable to continuing such a performance criteria and guarantee. We shall also work with City staff to evaluate other performance criteria to assist both the City and our law firm In monitoring our effectiveness, If those criteria are not satisfactorily met, we shall pay similar compensatory penalties to the City to maintain collections at satisfactory levels of Income to the City. I • f • • Av. P, ~y+2u n~a1'~1~Yi•C1j .a ~y ~ rY'+~+ K r • 0 i SAWKO & BURROUGH9, L.L.P. C. REPORTS AND SPECIAL APPEARANCES We shall generate and submit reports regarding delinquent tax processing and status of legal action taken as and when requested. Figures directly related to total tax outstanding and base tax paid during any specific time period are necessarily derived from Information provided by the Denton County Tax Office, a A report encompassing such information, then, Is to that extent dependent on 1 Tax Office response, We are capable of Iden*ing any number of distinctive features and classes of delinquent accounts with our computer system. For this reason, If a report Is r*.quired and you have some specific questions about the character and nature of your delinquency roll, we can in many Instances provide you with a breakdown of the tax roll for ease of review. I would encourage an open line of communication In order that we can help to reduce superfluous paperwork that Is unnecessary and unhelpful to you and results In wasted efforts on our part. It Is our objective to be there when and If you need us, If a personal appearance by your Tax Attorney would be helpful to field potential questions of members of the City Council or the public at upcoming meetings, workshops or public hearings, etc„ Just let us know. We can and shall be "on call", on little or no notice, to address such needs and special circumstances, Hopefully you will remain a very Important, "key" client to this firm, thus commanding the attention, ii access and service from you that such a position deserves. A • i PA^& 17 1 I t • • ~ -~t~ t'~'~rl t eta rF I,n 4 1~ "~c..Y~j~~~. ...,a -)I K? ~4y ~i' e it~.~tfrt-w 1 i~'f~ ~Py*1 ~5'°pF~ * . 5`kfr'~°':: • • SAWKO & BURROUGHS, L.L.P. r D. SPECIALIZATION OF PROGRAM, EXPERIENCE AND EXPERTISE We are Denton County tax collections specialists. We developed, from "scratch" and at high cost, a complex computer program specifically for f processing delinquent tax accounts within the Denton County area. We i Incorporated our expertise from having performed tax collections work in Denton, Cooke, Collin, Smith, Harris, Montgomery and Fort Bend Counties In developing " i the basic principles behind the programs. We then adapted that program to accommodate the partlcular circumstances of taxpayers and the various Tax Offices in Denton, utilizing knowledge gained from working closely with Tax Office personnel. Since that time in 1973, we have continuously adapted our program to try and supply the best overall service possible under the Ilmltatlons existing here. Due to recent major shifts in collections procedures and responsibilities, Tax I Office computer repragramming, hardware changes and other circumstances that have directly impacted Tax Office support, we have attempted to make our com,uter program and database as Independent as possible from that of the Tax Office. We have gone to great lengths to take correct up-to-date Information from the tax rolls, while simultaneously retaining separate information that we have accumulated on each particular account. Although this process is expensive, it does help to keep our system reliable and as complete as possible where access to up-to-date taxpayer and property Information is concerned. There are many facets of our collections program that have been adapted and enhanced over the years of our experience in handling both local tax • collections and tax collections regionally. No law firm can perform more collections services under the tax laws of this state than do we. At the same time, we maintain a conservative approach to our work, and make every attempt to maximize collections without causing adverse taxpayer reaction whenever possible. The goal here is to make taxpayers take your collections enforcement o efforts seriously while treating all taxpayers fairly, justly and with courtesy and • respect. The balancing of these interests when collection hundreds or thousands of accounts is part of what makes tax collections a unique area of pM3E A 0 4 e SAWKO & $URROUGHS, L,L.P. 6gal practice and one that Is learned through experience, A trial and error approach to collections can have very long-lasting effects on taxpayers' willingness to voluntarily and promptly pay their tax bills. No law firm seeking this contract has more experience or more positive results In collecting taxes In Denton County than ours. We represent success, stablllty and continuity In your tax collections work, and I hope very much that you take this into account as a key factor in your tax attorney decision-making process. t e ~ • e P L 0 SAWKO & BURROUGHS, L.L.P. _ r r f vl. f + IMPORTANT f THINGS TO CONSIDER 1 f 1 f pee t6 ~rrr S • ca 0 i SAWKO & BURROUGHS, L.L.R You need to have a law firm that knows what they are doing and is not attempting to represent you as a mere side-line dependent on and controlled by outside law firms. We are the only Denton law firm aeeking this contract that has k t the capability, expertise and experience to actually perform III of the collections work here in Denton. The Tax Attorney must have the staff, hardware, software (and the expertise to employ these efficiently and effectively) and financial resources and commitment to provide full services notwithstanding the associated cost to the attorney. Any firm that does not have these resources cannot provide the service you need. As a locally owned and operated law fern, we devote 100% of our resources, time and commitment here In the Denton area. We have a strong, personal stake in making this community of Denton the best possible place for us all to live, work and play. Property tax law is like no other area of practice, and it is a mistake for one to assume otherwise, It Is likewise a mistake to assume that the needs, interests, perspectives, and policies of one city are identical to all others, and that legal services are generic, equally acceptable in South Texas as here in Denton, Denton is unique, and we have focused our legal services exclusively on this area with extremely positive performance results. Actions taken by the Tax Attorney directly impact public perception of and attitudes towards the City, not to mention your rates of collection. Being Denton attorneys, we have our collective "fingers to the pul, of our city, and we adapt our f efforts accordingly as needed to meet local needs and preferences. A good job by your Tax Attorney is reflected in the range of services provided to induce collections, a high collections rate at year's end, and avoidance of negative public opinion whenever possible. Sawko & Burroughs has performed more foreclosure actions, more seizures by ta° warrant and offer equal or superior services in this County (all at the request of our Denton County clients) than any law firm over the last 15 years and more, • I, Mark A. Burroughs, of Sawko & Burroughs, L.L.P., can provide you with all ® • 1 of the above, plus much more, Although in many ways I attempt to keep a "low profile" in collections efforts, I belibve we have done an excellent job in keeping a Pia u f Q 0 • • f I 3AWKO & BURROUGHS, L,L.P, high proHie with delinquent taxpayers, with excellent results. We enjoy an excellent collections reputation of which we are proud and ever vigilant In protecting. It is for these reasons that I feel we provide the best collections services in north Texas. I very much hope you agree as you will be an extremely important client to us and will command our highest priority in the rendition of services. Thank you for the opportunity to present this bid to become your Property fax Attorney. t eapectfully submitted, i pp ROUGH P. 1 Tl~ M Attorney At Le j .d f SAWKO & BURROUGHS, L.L.P. 1 Vil. PROPOSED CONTRACT i • e r ~ e ~ PAQ9 1 a a~ i yl ♦ .i y"47 ~+b rl U • L ~ • SAWKO & BURROUGHS, L.L.P. CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS § COUNTY OF DENTON § I THIS CONTRACT is made and entered into by and between CITY OF DENTON by f and through its governing body, hereinafter called First Party, and MARK A. BURROUGHS of Sawko & Burroughs, L.L.P., Attorney at Law, hereinafter calied Second Party. I. First Party agrees to employ and does hereby employ Second Party to enforce by suit or otherwise the collection of all delinquent ad valorem taxes, penalty and Interect owing to First Party, All unpaid delinquent taxes shall become subject to the terms of this contract on Juiy t of the current year on real property and February t of the current year on personal property. Suits resolved before the first day of July on real property must include outstanding current delinquent taxes therein, II. Second Party is to call to the attention of the collector or other officials any errors, double assessments or other discrepancies coming under his observation during the progress of the work, and Is to Intervene on behalf of First Party In all suits for taxes within • its corporate limits. ~ ~ • Dalinauent Tax .all - inns Unlraat PaaD } DI4 i • • r SAWKO & BURROUGHS, L.L.P. ! Ill. First Party agrees to furnish a delinquent tax roll to Second Party on all property within the taxing jurisdiction. Second Party will furnish delinquent tax statements and will assume responsibility for having penalty and interest computed on said statements before statements are mailed to property owners, IV, Second Party agrees to file suit on and reduce to judgment and sale any property located within the county against which a tax lien would prevail, and the Second Party shall have the authority to procure on behalf of First Party the necessary data and information as to the name, Idenllty, and location of the necessary parties, and legal description of the property to be sold. Second Party agrees to sue for recovery of these costs as court costs as provided by Texas Property Tax Code Section 33.48. 1 V. Second Party agrees to make progress reports to First Party upon request and shall take reasonable action concerning deletion or adjustment of delinquent accounts when proposed by First Party. VI1 First Party agrees to pay to Second Party as compensation for services required hereunder fifteen percent (15%) of the amount collected of all delinquent taxes, penalty and interest subject to the terms of this contract actually collected and paid the collector of taxes after July 1 of the current year, or from February 1 of the current year If a suit Is outstanding upon the property for tax delinquency, as and when collected. All Deiinouent Tax Colle lions an(( Peae 2 of 4 • ea • SAWKO All BURROUGHSr L.L.P. compensation provided for herein shall become the property of Second Party at the time of payment or taxes, penalty, and Interest subject to the terms of this contract actually collected and pall to the collector of taxes after July 1 of the current year, or from February 1 of the current year if a suit Is outstanding upon the property for tax delinquency, as and when collected. All compensation provided for herein shall become the property of Second Party at the time of payment of taxes, penalty, interest and costs to the collector of taxes. The collector shall pay over said funds monthly by check. VII, This contract is drawn to cover a period of two years beginning July 1, 1995 and ending June 30, 1997, provided, however, that Second Party shall have an additional six months to reduce to judgment all suits filed prior to the date last mentioned, and provided further that Second Parry shall handle to conclusion all suits In which trial court judgments are obtained during the period of this contract and which are appealed by any party. In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. First Party shall have the right to sooner terminate this contract for cause, giving thirty (30) days written notice of such Intention, with a statement of the cause or reasons for such • termination, after giving Second Party a reasonable opportunity of explaining or rectifying the same. In case of such termination, second Party shall be entitled to receive and retain all compensation due up to the date of said termination. Delinouant Tax Collections Contract Paoa z _re • e 1 SAWKO & BURROUGHS, L.L.P. Vlll. If any portlon of this contract Is deemed unenforceable due to operation of law or otherwise, all remaining provisions shall continue to operate in full force and the parties f shall be bound thereby until the end of the contract term. IX. This contract Is executed on behalf of First Party by the president of its governing body who Is authorized to execute this Instrument by order heretofore passed this the day of 1985, in Denton County, Texas, ' CITY OF DENTON BY: l ATTEST BY: SAWKO & SURROUGHS, L.L.P. BY: Mark A. Burroughs, Attorney at Law pepnouent T ox cotta ions contract Paee a Me ...........fir.,.. . r..w~r. w.rrwYiMY,iWa v. 'YeY^- • • • LAW OFFICES OF McCreary, Veselka, Bragg & Allen, P.C. R O. Box 26990 300 E. McKinney Streel, Suite B Austin, Texas 78755-0990 5l2gS1-9000 Denton, Texas 76201 In assockdon with the 8171387.7475 LAW OFFICES OF Hayes, COf1'cy & Berry, P.C. 1710 Westminster Denton, Texas 76206 817/387.3518 } PROPOSAL FOR j THE COLLECTION OF ' DELINQUENT PROPERTY TAXES I SERVICES AVAILABLE TO CITY OF DENTON • R.F.S.P. NUMBER 1759 May lb, 1995 j I l • • ~ , i ' ;;1 i 5 ~ 4.l'. r a c i f to ; i t77 i rf+A2~t~~r`." ! ~ r~- e n CITY OF DENTON Original Delinquency 1,989 1990 1991 1992 1993 Tax Tax Tax Tax Tax 700 - - - - - - - $597,310 $584,531 600 500 R $433,010 j a 400 $368,753 5321,304 c 300 r° a¢, 200 y W 100 F HGB1V HGHW HGHW _ i11VBA 111VHA ID M Outstanding as of July 1, following year McCreary, Veselka, Bragg & Allen, P.C. • cu • CITY OF DENTON Percent Collected By End of May in First Year of Delinquency 1989 1990 1991 1992 1993 Tax Tax Tax Tax Tax 70% _ - 61.19% 61.54% 60% 57.81% 58.24% 53,41% 50% 40% 30% i 20% e 10% a May '91 May'92 May 193 May 194 May 195 • e ❑ Heard, Goggin, ■ McCreary, Veselka, Blair & Williams Bragg & Allen, P.C. s o • • CITY OF DENTON Delinquency Distribution of $1,270,106* 1992 and Prior Years as of May 30, 1995 Suits and Paid Judgments $668,587 $265,350 52.64% 20.89% Payouts & Over Eo $9,041 0.71% Bankruptcy $145,681 11.47% • Title Research in Progress $181,447 e 14.29% • O *Amount Delinquent as of July 1, 1993 McCreary, Veselka, Bragg & Allen • s • r w JUNE 12, 1995 RECENT CASES IN WHICH CITY OF DENTON TAXES WERE COLLECTED BY BGSM 94-00035-362 - SUIT FILED BY BGSM - DISD VS: JOHN RODRIGUEZ SOLD PROPERTY ON 6/6/95 AT SHERIFFS SALE - THE CITY TAXES OF $1,325.25 (1992-1993) WILL BE PAID OUT OF THE COURT REGISTRY PURSUANT TO AN ORDER FOR DISAURSEMENT OF FUNDS THAT BGSM WILL ISSUE THIS WEEK. 93-1893-367 - SUIT FILED BY BGSM - DIED VS: HEB INVESTMENTS - CASE WAS SET FOR FINAL JUDGMENT 6/16/95 - WE HAD BEEN WORKING WITH FIRST STATE BANK (THE LIENHOLDER) TO TRY TO GET THEM TO PAY THE TAXES. 1ST STATE BANK CALLED US ON 6/12/95 AND SAID THEY WERE LOANING THE MONEY TO HEB TO PAY ALL THE TAXES BEFORE THE TRIAL. CHECKS WERE DELIVERED THE AFTERNOON OF 6/12/95. WE COLLECTED OVER $2,400.00 FOR THE COUNTY, THE CITY RECOVERED TAXES FOR 1992- 1994 IN EXCESS OF $3,400.00. THE DISD RECOVER TAXES IN EXCESS OF $41,000.00. FOR THE YEARS 1985- 1994. THIS ACCOUNT WAS COLLECTED FOR THE PRIOR YEARS WHEN BGSM REPRESENTED THE CITY AND WAS NOT COLLECTED BY MVBA WHEN THEY REPRESENTED THE DISD. 94-00495-367 - SUIT FILED BY BGSM - DISD VS: LINWOOD A. LACY, JR, TRUSTEE - THERE WAS A BAD ADDRESS ON THE TAX ROLL - RESEARCHED AND FOUND ATTORNEYS (COHEN & COHEN) WHO DREW UP DEED IN DALLAS IN 1991 - CALLED EVERY ATTORNEY BY THE NAME OF COHEN IN DALLAS UNTIL WE FOUND THE ONE WHO REPRESENTED THE LACY'S. SHE SAID THEY LIVE OUT OF STATE AND HAD NO IDEA THE TAXES WERE DELINQUENT. IN MAY, 1995 WE COLLECTED NOT ONLY THE DISD AND COUNTY TAXES BUT ALSO THE CITY TAXES IN THE AMOUNT OF $2,255.23 FOR THE YEAR 1992- 1994. JUST THESE THREE CASES ADD UP TO APPROXIMATELY $7,000.00 IN CITY • TAXES THAT BGSM HAS COLLECTED FOR THE CITY OF DENTON IN JUST THE LAST TWO WEEKS. I I r • c~ • fgbilghts of Proposal for the Colton of Delinquent Taxes E Presented to the CYty of Denton By Blair, God, Sampson & ~Aetls Curtis Loveless and Afte Gregory i • June 1995 • • TOP 10 REASONS FOR HIRING BLAIR, GOGGAN, SAMPSON & MEEKS, MIKE GREGORY & CURTIS LOVELESS 1. Superior, Proven Collection Record • Between June 1986 and July 1993, BGSM, In association with Mike Gregory and Curtis Loveless, collected $5.5 million for the City of Denton During the first 12 months of our contract with the City of Denton, BGSM increased revenues by 122%, yielding $356,949 over that achieved by the previous law firm of Terry Lewis and Dan Coffey • BGSM has represented Denton ISD since 1992 and has collected over $5 million for the School District • During the first 12 months of our contract with Denton ISD, BGSM increased revenues 18%, yielding $222,159, over that achieved by the previous law firm of McCreary, Veseika, Bragg & Allen (MVBA) • Bair, Goggan, Sampson & Meeks has proven that we can most effectively collect delinquent taxes and we want to renew our successful collection program on behalf of the City 2. PiAential Revenue Gain for the City • Had the City of Denton been collected by BGSM at the same effectiveness level we achieved for Denton ISD, the City would have received an additional $34,762 In revenue between July 1993 and June 1994. From July 1994 to March 1995, the collection shortfall has resulted In $27,410 less revenue being collected by MVBA 3. Active Involvement In Denton Community • BGSM supports the Denton community through support of the Denton Chamber of Commerce, the BGSM/Fioneywell Teacher Mini Grant program, the Denton Special Olympics, our adopt-a- school program and contribution6 to United Way and other community groups • Mike Gregory and Curtis Loveless have extensive involvement in the Denton community, including participation in the Big Brother/Big Sisters of Denton County, the Denton YMCA, • the Denton Bar Association and the Boy Scouts of America 4. Ease of Transition to BGSM • BGS,M's close, working relationships developed with the City Tax Office and Courts ensure a smooth and quick transition, with no disruption to the Tax Office ! • Because BGSM formerly represented the City and currently represents Denton ISD, we know O O the City's delinquent tax roll and are immediately prepared to collect the City's delinquent taxes • BGSM is currently taking the lead position in various collection and litigation matters that 1 impact both the Denton ISD and the City of Denton • O 1 . P ~ e 5. Most Comprehensive Collection Program in North Texas • Leading edge bankruptcy and FDICIRTC collection programs • Consistent leadership in litigation filing and disposition for all of our clients • Unlike smaller firms, we have the personnel and resources to tackle the most complex collection challenges. BGSM has a staff of over 50, in addition to our Denton office personnel, which will support our collection efforts on behalf of the City 6. Knowledge of Denton's Delinquent Accounts - Customized Program for Denton • BGSM has maintained a local office and active presence in the Denton community since 1986 • Our pre litigation collection efforts resolve many delinquencies before litigation is required • Personal contact allows BGSM to understand and resolve the unique issues facing delinquent taxpayers • Our affiliation with Denton attorneys Mike Gregory and Curtis Loveless provides local expertise, monitoring and liaison efforts for our collection program 6. Assistance to the City in the Collection of Miscellaneous Accounts • BGSM's ability to incorporate the collection of mowing and paving liens in addition to ad valorem collections will provide the City with more revenue • Similar program for other clients has resulted in significant revenue collections 7, Established Affirmative Action and Minority and Women Bus?ness Procurement Programs • Minority and female participation is demonstrated and encouraged throughout 136SM's staff: DeMetris A, Sampson, En African-American female, is the named partner of Blair, Goggan, Sampson & Meeks 55% of our work force is comprised of ethnic minorities Minority law clerkship program provided since 1987 Minority and women owned businesses utilized as subcontractors, vendors and suppliers 9. Leading Edge Computer Technology • 13GSM has invested millions of dollars in state-of-the-art computer technology • A staff of 44 data processing professionals is employed by our firm, 20 of which will support our Denton collection program 10. Expertise and Resources to Meet the Needs of the City of Denton • As the largest delinquent tax collection law firm in North Texas, 10SM is prepared to meet the needs of the City of Denton A 0 _ , • • e First Year Performance Comparison City of Denton City of Denton Denton ISD a j~ S63A,33f 5145,541 $14U 02 IN ~w I,sr 51 131 537f,135 la" 40 $242 7" I~« O uo fM I 1 100 . _~nsw~ _ fnsva sw Ltw1s A Colley BGSM BGSM MVBA MVBA BGSM 4 ® Terry Lewis & Dan Coffey ; Blair, Goggan, Sampson & Meeks McCreary, Veselka, Beck & Allen ,ti Performance Comparison Comparison of Zlurnover to Delinquent Collections City of Denton Denton ISD Collections Turnover ulu Collections Ursover Decrease Dftmse Incrense Darettpse 500 - ' ~ 16% 15% 18% 27% 069,406) ($649257 $222,161 ($4119394 SJ~9,s31 Sd~!,010 bI,S0,1J88 aw $114611,Z92 ^ ~ St,24b,131 null $1,091,79 +i 1 1 i do I,OINI i ~A ICY 4,- .Sr J xt ,r. ISa 791-6,'9.1 / 7; 9J•e,l9q I-l 9 Bl,dr, Gnypn..1'ampsu, 1ldrean, lrwlAo, BrcA Sle( rean 1'ceellu, Neck Blair Coppaa, Samp.oa F 11er{ F ,turn F 1lko F 11eek Current Year Base Tax Tnrnoser ® Total Base Tax & P&I Collected for the City of Denton Total Base Tax R P&I Collected for the Denton 1SD r 1 U Delinquent Tax Collection Compa. ' an BGSM vs. MVBA Collection Shortfall: $349762 FI)enton ISD Due to Lower Performance by 126.39% McCreary" Veselka, Bragg & Allen 125% City of Denton 120% 116,96% 110°Io MV8A BGSM , • o Percent Collected of Current Year Turnover 7193.6194 Source: City of Denton "Tex Attorney Collection Report" Denton ISD "Monthly Tax Collection Report" N 0 • _ a • Delinquent Tax Collection Comparison BGSM Performance for Denton ISD vs. MVBA Performance for City of Denton - Collected By MVB.A/BGSM BGSM Tax Year 1993/94: City of Denton Denton ISD Current Year Turnover ' $368,753 $1,047,300 (Total Base lax turned over to Attorney 7/1193) ~Collcctions $431,298 * $1,323,662 (Total Base Tax + t'&l collected 7/1/93 6/10194) ' Effectiveness 116.96% 126.39% City of Denton Collection Shortfall: Additional Revenue if BGSM had collected for City: rr$3~,762 • Notes: 1993/94 Tax Year Collected by MVBA and AGSM. MVBA collections $336,610 (78% of total collections) • BGSM collections: $ 94,688 (22% of total collections) ! • Collections do not include Peterbih payrnent. Data Source: City of Denton 'Tax Attorney Collection Report" Denton ISD "Monthly Tax Collection Report" Delinquent Tax Collection Comparison BGSM vs. MVBA F ollection Sh$27941.0 nton iSD Nine Mo7bylO5.24% Due to Lower PerforMcCreary, Veselka, Bragg & Alle ,os% City of Denton 1004/0 96,72% 1 p 95% I / MVBA 90% V---- BGSM r® Percent Collected of Current Year Turnover 7194.3195 Sources City of Denton "'Tax Attorney Collection Report" Denton ISD "Monthly Twx Collection Report" 'y • • • Delinquent Tax Collection Comparison BGSM Performance for Denton ISD vs. MVBA Performance for City of Denton ! Collected By: MVBA r BCis Tax Year 1994/95 City of Denton Denton ISD Current Year Turnover (Total Base Tax turned $321,757 $929,916 over to Attorney VIM) Collections $3119208 $978,647 ('T'otal Dasc ! ax + I'M (9 mo Collections) 7/lN4-1/11/95) ) (9 mo collectlona) =j I _ Effectiveness 96.72% 105.2496 Nine Month City of Denton Collection Shortfall: • Additional Revenue if BGSM had collected for City: $27 410 1o Data Source: City of llenton "Tax Attorney Collection Report" Denton ISD "Monthly Tax Collection Report" • 0 • as • MCCREARY, VESELK A, BRAGG & ALLEN, P.C. ATTORNEZS AT LAW AUSTIN,, TEXAS rt{7S"M May 16, 1995 Mc 'rom D. Shaw, C,P.M, Purchasing Agent City of Denton Purchasing Department 901-B Texas Street Denton, Texas 76201 Re: Reque:: for Proposal For Services of Delinquent Tax Attomey: RFSP Number 1759 Dear Mr. Shaw: ' Thank you for „ Request for Proposal For Services of Delinquent Tax Attorney, Pursuant to your request, McCreary, Vcselka, Bragg & Allen, P.C., is pleased to submit this Proposal and Proposed Contract to the City ofDenton,jointlywith theDenton FirmofHayes, Coffey,andBarry, P.C. Webelieve that thejoining of the two law firms for the purpose of rep esenling the City of Denton has provided the highest quality of service to your City. The strong local presence of the Hayes firm coupled with the delinquent tax collection experience ofthe McCreary firmhasenabledthecity tocollect taxes inanefficient and productive manner. The information following this letter is a detailed description of our delinquent property tax collection program. The McCreary Finn has represented taxing jurisdictions in Denton County since 1979. The McCreary Firm and the Hayes Firm havejointly represented the City of Denton since 1993. The program presented in this Proposal is fully implemented and has proven to be very successful. Accordingly, weare in the position of being able to continue our delinquent tax collection program with the City of Denton immediately upon receipt of notification of acceptance. Your letter outlined the criteria that will be used in evaluating proposals. An index follows which shows the pages where each selection criterion is discussed. Our proposal affirmatively addresses all selection criteria, It is our intention to affirmatively respond to all requirements in the RFSP. In the event there is any question about any aspect of this proposal it shall be construed to agree with the RFSP. • ' We consider it a privilege to represent the City of Denton and look forward to the continuation of this successful program. Sincerely, , / • Gilbert T. Bragg Richard D. Hayes, President McCREARY, VESELKA, B A & ALLEN, P.C. HAYES, COFFEY & BERRY, P.C. Denton Branch Offrc.: 1710 Westminster Denton, Texas 76206 FS' ~ii'".W? 7o «itu' ru l~, M~u , • 0 I • TABLE OF CONTENTS (Page Number) ' 1. EXECUTIVE SUMMARY 6 f A. Response to Invitation for Proposal 9 If. DELINQUENT TAX COLLECTION PROGRAM e A. Collection Notices and Letters l 1 B. Address and Title Research 13 C. Litigation IS D. Filing and Prosecuting Lawsuits to Judgment 16 E. Collection of Judgments by Execution and Sale 18 F Bankruptcy collections and federal agencies 19 G. Tax Warrants 21 H. Installment Payment Agreements 22 1. Comr.,unications and Reporting Capabilities 23 J. Data Processing Support 30 K. Data Processing Resources 33 1 III, PROFILE OF THE LAW FIRM 1i A. History of the Firm 37 J B. Summary of Appellate Court Decisions 38 I C. Profile of Partners: MVBA 44 D. Profile of the Attorneys and Key Staff: MVBA 46 E. Profile of Partners: HCB 50 • F. Profile of the Attorneys and Key Staff, HCB 51 1V. CLIENT REFERENCES A. Client References, MVBA 53 • B. Client References: HCB 55 • • McCreary, Veselka, Bragg & Allen In association with Hayes, Coffey & Berry, P.C, i • O • a • (Page Number) ' V. RELATED ISSUES ' A. Compensation of the Law Firm 56 B. Public Relations 57 C. Interventions 57 D. Disposition of Existing Litigation 58 E. Representation in all Property Tax Matters 58 F. Equal Employment Opportunity 59 O. Financial Strength 60 VI. EXHIBITS I. Detail Letter 2. Demand Letter 3. New Owner Letter I 4. Lienhclder Letter 5. Defaulted Payout Letter 6. Five Year Notification Letter 7. Petition and Citation 8. Notice of Trial Letter 9. Judgment and Abstract of Judgment 10. Notice of Intent to Sell Property Letter I?. Viewpoint 12. Opinion Letter 13. Complete Client List 14. Proposed Contract I ~II - McCreary, Veselks, Bragg & Allen In AS.,rocr tton with f Hayes, Coffey & Berry, P.C. i I P . y .+.w--piw•, , ~w .r~rrr:erwaa:i err..-- - ~ ~ .Ft t '"'+b~{~~'f~ 4rA.~~''f'd' , fP"Y!S fY'1j{~q • oa PAM City of Denton Page Chart .$P'SP Item PirOR0531 Page BFSP Cover Letter; 1) A statement ofFirm's experience; clients serviced 6-8,53-55, Exhibit 13 2) Resumes of key managerial staff 7,44.52 3) Proposed scope of services 11-23, 56-52, Exhibit 14 4) Suggested performance criteria 56 Law Firm wlllt I ) Receive the delinquent tax rolls Exhibit 14 2) Substitute as attorney of record 58 3) Provide all research 13.14 4) Submit monthly reports Exhibit 14 5) Provide a quarterly report Exhibit 14 6) File suits on delinquent taxpayers Exhibit 14 • 7) Intervene in delinquent tax suits 57-58, Exhibit 14 8) Be responsible for Bankruptcy and Federal agencies 19-20 9) File suits for collection of delinquent taxes pursuant to Secs. 33.41 and 33.42, Property Tax Code, or file • ' on.judicial foreclosures 15-16, Exhibit 14 • • McCreary, Veselks, Bragg & Allen In assocledon with Hayes, Coffey & Berry, P.C. 3 • 4 jc, • • f 10) Follow through onall suits, installment agreements 16-18,22 11) Provide legal support and research as needed 13-14 12) Only collect thosegroups or individual accounts which the City of Denton determines in its descretion are to he collected by the firm 23 13) Provide all supplies and postage II 14) Obtain theownershiprecords ofall property on which a suit is filed 14 15) Provide total and complete delinquent tax collection Exhibit 14 16) Propose a method ofessuringthat the amount of delinquent [axes collected will be equivalent to the amount projected to be collected by in-house staff A 17) Propose a method ol'payment Exhibit 14 18) Fees prusuant to Sec. 33.07 of Property Tax Code 56 19) Provide information conceMingminority involvment 59 20) Coordinate the filing of all tax suits with the City Attorney and the City Tax Department 23 21) Provide for copies of all tax files to be turned over to the City Attorney when the contract is terminated 56 22) Tax Warrants 21 23) Maintain collection ratcofsixty (6o°/o)percent of • delinquent tax bose 56 24) Delinquent mobile homeandbu;inesspersonal property accounts 56 McCreary, Veselka, Bragg & Allen In ASL4OC14110q W11h Hales, Coffey & Berry, P.C. r.r.. , ~ .....n..~..,`..o.r.dl6Yi'iX'i`1 Lvr•^.- _ • • • Criterls &LKkdA Firm, I) An established law firm whose principal business is the collection of delinquent taxes 6-8 2) Firm must have an established history of expertise in the delinquent tax collection field and provide a complete list of the past and current Texas clients 6.8,53.55, Exhibit 13 3) Law firm has to show capability to staff an operation sullicient to process up to 25,000 delinquent accounts annually 30-36 4) Firm will have, or will establish, a Denton oftlce by date delinquent accounts are turned over and will provide a 1.800 number, or other toll-free service, to main office ifnecessary. 6.C ~I G McCreary, Veselks, Bragg & Allen !n cssoCladon with Hayes, Coffey & Berry, P.C. 5 • • 1 r I. EXECUTIVE SUMMARY The Law Firm of AfeCreary, Veselka, Bragg & Allen, P.C., joins with the Law Firm of Hayes, Coffey & Berry, PC. in presenting this proposal for the collection of delinquent property taxes to the City of Denton. The success of any effective delinquent tax colle„ton program is predicated on the selection of a law firm which has an in-depth knowledge of property taxation, understands the application of law as related to property taxation, has the experience and professional staff to implement an aggressive delinquent tax collection program and provides personal service to the taxing units. In 1993 these two Firms were selected by the City Council to jointly represent the City of Denton. We believe that thejoining of the two law firms for the purpose of representing the City of Denton has provided the highest quality of service to the City of Denton. 'T'his is evidenced by our high level of collection. hlcCrearp, Veselka, Bragg & Allen (MVBA) has represented taxing authorities in Texas in the collection ofdclinquent property taxes and currently represents over three hundred fifty taxing units. We have represented taxingjurisdictions in Denton County since 1979. Our Denton County clients and the period of time we have represented them are as follows: City of Denton since 1993 County of Denton since 1985 City of Argyle since 1989 Argyle Independent School District since 1975 City of Aubrey since 1986 Aubrey Independent School District since 1979 Corinth Municipal Utility District Hl since 1988 Krum Independent School District since 1989 City of PPoP Point since 1^93 Pilot Point Independent School District since `986 City of Ponder since 1984 Ponder Independet„ School District since 1982 City of Sanger since 1983 I Sanger Independent School District since 1980 We are awa re ofthe professional and responsible approach that is necessary to establi sh and maintain a successful collection program. During MVBA's years of representing taxing units in delinquent property lax collections, we have efficiently and cost effectively collected the delinquent taxes due our clients. Moreover, we have achieved the goal of maximizing collections using a firm, but fair • approach in dealing wih taxpayers. • • McCreary, Veselka, Bragg & Allen in association wlrh Hayes, Coffey & Berry, P.C, 6 • O • c~ • i. The Denton office ofMYBA is located at 300 E. McKinney Street, Suite B, Denton, Texas 76201, 1 McCreury, Veselka, Bragg A Allen has an experienced and knowledgeable staff. Biographical r information for the partners, attorneys, and key professional staff members ofMVBA who will be working for the City are included in Section III of this proposal. The names andjob description or 3 the Denton office staff are listed below: Gilbert T, Bragg, a partner in the Firm, is the managing Attorney for the progrt^t, He has been a member of the Finn sirce 1978. i Kimberly Sanders is a Legal Assistant specializing in title research, She joined our staff in 1989. She is the Manager of the Denton office. Donna Elkins is a Legal Assistant specializing in title research, Shewasanabstraclor for Lawyers Title of Denton from 1984-1987. She joined our stafi'in 1987. Leigh Ann Massey is a Legal Assistant specializing in title research. She worked in the office of Denton County Clerk from 1992-1994. She joined our stair in 1994. Pshyara Pebntes is the Denton Office Secretary. She joined our staff in 19S,!. ' Karen McGee provides clerical support. She joined our staf°in 1994. I Title research is also conducted by independent contractors hired by our firm. T: .e Denton staff is ;xpanded from time to time as is necessary to maintain the excellent level of serv ice to our clients in Denton County. In the event additional staff is hired, we will comply with i our custom of equal opportunity employment. Roy Armstrong, an attorney in our Austin Office, provides legal opinions and represent the City of Denton in all property tax matters relating to the Denton Central Appraisal District, He has handled numerous appraisal district case.. • Michael Reed, an attorney in our Austin Office, represents the City of Denton in all bankruptcy proccedi ngs. Mr. Reed's responsibilities will include everyphase of bankruptcy law and procedures 111cluding supervising claims filing, reviewing plans of reorganization, negotiating with debtor-, t-ustces and competing creditors, attending hearings in the Bankruptcy Court and aggressively litigating the legal position of' the City, r McCrean,, Vesetka, Bragg & Allen in associadon with Hayes, Coffey & Berry, A.C. 7 • • The law firm of Hayes, Coffey & Berry, P.C, (NCB), is located at 1710 Westminster, P. 0, Box 50149, Denton, Texas 76206. Dan C. Coffey is the partner in charge of the government section. Byron R. Berry is the partner in charge of accounting and personnel, Ri~,hardD. Hayes is the partner in charge of litigation, and Jeffrey Withoir is the office manager. Litigation activities in the area of collection will be handled by Dan C. Coffey and Richard D. Hayes. Byron R. Berry is in charge of handling bankruptcy proceedings for the firm's clients, Hayes, Coffey & Berry, P.C. has expertise in representing local governmental entities, NCB has provided legal representation to the following; City of Denton, Texas County of Denton, Texas *City of Oak Point, Texas City ol'Corin!h, Texas *City of Argyle, Texas *City of Aubrey, Te. is *Town of Ponder, Texas City ot'Little Elm, Texas City of Flower Mound, Texas Cooke County College *City of Pilot Point, Texas *City of Hickory Creek, Texas *Denton Independent School District *Sanger independent School District *Mental Health, Mental Retardation of Denton County (*currently legal counsel) The strong local presence ofHCB in Denton coupled with the delinquent tax collection experience of MYNA has enabled the City of Denton to enhance its delinquent tax collections. I I ~ i I ~ McCreary, Veselks, Bragg & Allen I In assocladon with Hayes, Coffey & Berry, P.C. I 8 I • •t zq i ,aa~ , L.{' , ,i ~ it f „~iniWl~h~i • a • A. RESPONSE TO INVITATION FOR PROPOSAL The information contained in this proposal is a detailed description of our delinquent property tax collection program which has been in place in Denton Countysince 1979. When theCityofDenton selected the Firms of McCreary, Veselka, Bragg d Allen, P.C. and Hayes, Cgf)ey A Berry, P.C. to represent the City in 1993, this program was expanded to include the city of Denton. "-be results have been outstanding. It is our intention to continue to provide the very best collection service to the City of Denton, Upon our selection as your attorney, we will continue to implement these procedures to collect the delinquent taxes owed to the City without interruption. ! Ourphilosophy ispredicated onthe premisethei every taxpayer should and will be treated as& human being. Every call and letter will be answered. All the help and assistance, short of legal advice, will be provided to the taxpayer. Collections are the major goal of our efforts, but good relations with your taxpayers are essential to enhancing your collections. Following is a chart which depicts our Delinquent Tax Collection Procedures. l ! I ! ! • • • j McCreary, Veceltu, BrsU & Allen la associadon with Hayes, Coffey & Berry, P,C 9 r 1., 5 i i L? • ~ f~~~fei~i~t~~° "il''~f~~ :`dw+j~h''>+'~1'M~+`J iyi~'~t • a► • l Collection Procedures Phase I_ Phase II Phase III i~ Taxpayer Nodflcation Title Research Litigation I Mail Delinquent Title and File Tax Notices Ownership Research Tax Suit I 1 Address New Owner Judgment Research Letter i Demand Llenholder Sherid's Sale Letter Letter of Property i Taxes Toxm LPS • Paid Paid McCre ary, Veselka, Bragg & Allen, P.C. , I W~j l • • v II. DELINQUENT TAX COLLECTION PROGRAM t A. COLLECTION NOTICES AND LETTERS TAXPAYER NOTIFICATION McCreary, Veselka, Bragg & Allen utilizes several types of notices and loiters in the process of collecting delinquent property taxes. MVBA'sability to produce both large and specialized mailings as well as manage the delinquent tax data is unsurpassed by any other firm. The mailing of notices and letters follows a proposed work calendar which is developed in consultation with the tax office. All of our notices and letters provide the delinquent property owner with a description of the property, the tax years delinquent, the amount of lax, penalties and interest due, and the tax office address to which payments should be directed, MVBA mails notices of delinquency to every delinquev, property owner at least three times each year. Our experience has proven that through the useoft'jis series of notices and letters to delinquent property owners, substantial payments will be made pJor to the institution of legal proceedings. We also mail notices to selected accounts within targeted parameters. i INITIAL, NOTICES (See Exhibit I) MVBA's contact with the delinquent property owner normally begins with a polite, but pointed, notice of delinquent property taxes. This letter is sent to all delinquent property owners except those in bankruptcy or that have been identified by the tax office as a legitimate hardship case. These initial notices provide a reminder to the delinquent property owners of The tax liability and gives the property owners an opportunity to contact us or the tax office about the matter. Specific language may be inserted in then: notices to emphasize a deadline date for payment or give some special instructions. DEMAND NOTICES (See Exhibit 2) Our second lellcr is a demand notice. This letter is mailed on masse, following the initial notices of delinquency or may be mailed in batches prior to the filing of lawsuits. The demand letter advises the delinquent property owner that a lawsuit will be filed for foreclosureof the tax lien and personal • liability against the property owner unless payment is made immediately. • • - McCreary, Veselka, Bragg & Allen - - In assocladon with Hayes, Coffey & Berry, P.C. 11 i • 0 • ra • NEW OWNER LETTERS (See Exhibit 3) In addition to our initial notices of delinquency and demand notices MVBA has a number of other letters to respond to specific circumstances which frequently arise. Among these are our "New Owner" fetters. Research of the title of real property sometimes reveals anew owner of delinquent real property. This letter informs the new,)wncr of the delinquent tax on his or her property and that he or she is responsible for payment of the tax. LIENHOLDER NOTICES (See Exhibit 4) When our title research indicates that an individual, bank, savings association, the State or Federal government hasa recorde 1 lien on adelinquent property, wesend a "lienholder letter" to such person orentity. Our letter notifies the lienholder that the property on which they have a lien has delinquent taxes due. Further, should it become necessary to file suit to foreclose the tax lien on the property, they will be included as a defendant in the tax suit and their lien will be extinguished by the foreclosure. This extra step of title research and lienholder notification prior to the tiling of a delinquent tax suit usually results in prompt payment of the delinquent taxes. DEFAULTED PAYOUT NOTICES (See Exhibit 5) i There are delinquent property owners who want to pay their taxes but simply do not have the funds to do so. Many delinquent proper - owners who find themselves in this circumstance enter into payout reements with the tax office. While most property owners honor their payout agreement, 1 some one[. Upon default by the delinquent property owner on a payout agreement, MVBA sends ` a defaulted payout notice. This notice gives the delinquent property owner an opportunity to immediately pay the balance due before a lawsuit it riled. i t FIVE YEAR NOTICES (See Exhibit 6) MVBA mails notices required under Section 33.04(b) of the Property Tax Code. This section provides that a noticcof delinquency be mailed to each personwhose name appears onihedelinquent tax roll in each year divisible by five. Our notices and letters always result in numerous phone calls from delinquent property owners and iienholders. These telephone calls?,!c initially answered by MVBA staff members who are trained to answer most cormnon questions and concerns. Our attorneys are available to speak with any property owner or lienholder who has a question beyond the experience or knowledge level of our • staff members or legal assistants. • J McCreary, 1'eselka, Bragg & Allen M In association with 1 Hayes, Coffey & ferry, P.C, 12 • ON • B. ADDRESS AND TITLE RESEARCH i. ADDRESS RESEARCH Tax accounts may be delinquent because the address of the property owner on the tax roll is not current. A successful delinquent tax collection program requires an exhaustive address research effort. Many delinquent accounts are collected When proper attention is given to finding the correct address of a property owner. Accounts with incorrect addresses are identified through designations presently on the delinquent tax roll, mail which is returned as "undeliverable" by the United States Postal Service to our office, I or citations which are unable to be delivered by officers serving process in a delinquent tax suit. 1 When we discover an account with an incorrect address, that account is identified on our computer record so that special attention will he given to that account. Names and addresses on tax accounts coded as incorrect are compared to more recent data files, and the accounts are updated where different information is on the updated record. Alpha-cross indexes of data files are produced to identify discrepancies between addresses given for an owner of multiple properties. If this procedure does not result in locating a correct address, the Finn rises the following sources of information; 11 Addiess correction request from the United Slates Postal Service 2) Comparison with the most recent Appraisal District roll 3) Comparison with tax rolls of congruent taxing units 4) Telephone directory for the area 5) Privately compiled city directory G) City utility records 7) Voter registration records S) Criss-cross directory 9) Credit bureau automated file search • 10) Couiiy Clerk's records (deed records, etc.) d 11) On te investigation of tl.c property, including conversations with occupants of the property and adjoining land owners Additionally, the following sources are used toobtain the correct addresses for owners orprincipals of delinquent business accounts; • 1) Comptroller of Public Accounts 2) Secretary of Stale • • 3) County Clerk's Records for Financing Statements and Assumed Names - : McCreary, Veselka, Bragg & Allen - in association whb 9a) es, Coffey & Berry, P.C. 13 i • • r Through the use of these sources of information, MVBA is very successfhl in locating the correct addresses of delinquent property owners and obtaining payment of these taxes dt:e. TITLE RESEARCH MVBA conducts an exhaustive examination of the title on all delinquent real propertypriorio filing lawsuits. Much confusion and embarrassment results when ;awsuits are filed using only the information on the tax. roll or with incomplete title information. We parform all of the necessary title research to identify tha owners and lienholders on each delinquent real property account selected for I lawsuit, • Real property accounts arereseatchedthrough courthouserecordsortitlecompaniesforpersonswho have a recorded legal interest. Numerous questions are resolved from the information obtained from the examination of deeds, deeds of trust, federal and state tax liens, mechanics liens, probate records, financing statements and assur, :d name flies. On-site investigation and inquiry of the owners of neighboring property to ascertain the whereabouts of the record owners is made by Firm personnel as required. Wa supplement the above procedure with telephone contact to taxpayers to establish ownership of business personal property and real property where no deed is of record, Telephone calls also verify the accuracy of addresses and convey to the taxpayer that his property is subject to collection procedures. :Ihould our title research indicate that persons other than those listed on the tax roll have an interest to the property, as in the case of lienholders, new owners, and joint ownership of property as a result of tenancy in common, heirship, or a partnership, and who may not have received prior notification from either our Firm or the tax office, an additional notification is sent to those persons informing them of the delinquency and need forprompt payment of taxes beforb any delinquent tax suit is filed. • 1 • McCreary, Verelka, Brapa & Alien In assecledon with Hayes, Coffey & Berry, P,C. 14 1. if: 7y 1 r ray } i, Y o . F M r • • 1 C. LITIGATION It is necessary to file lav quits against those delinquent property owners who do not respond to our notices of delinqu ency, MVBA takes the initiative to identify delinquent property owners for I lawsuits, consults wilh the client and/ortax office, files lawsuits, and pursues the lawsuits to payment orjudgment and sale. While we regularly consult with the tax office and respond to the suggestions of our clients, MVBA does not wait for our clients to tell us upon which delinquent oroperty owners to file lawsuits. MVBA files lawsuits regularly and continuously each month. The following is a description of our standard litigation process. However, we adapt our process to meat our clients' dosires and policies, SELECTION OF ACCOUNTS FOR LAWSUITS MVBA uses specially-deli;--, a ^ornputer progroms to sort the accounts on the delinquent tax roll by various characteristics s-~,n as the amount due and the number of tax years delinquent. Accordingly, we file lawsuits on tax accounts with large amounts due and on those tax accounts where the amount is smaller but where a ,cumber of years are delinquent. This provides a representative cross section of the property owners on the delinquent tax roll and avoid rodue concentration on a group of property owners or a specific area of the county. We carefully identify those propeny owners who have legitimate economic or medical hardships or those who have filed overage 65 tax deferrals, However, MVBA scrupulously avoias any other discriminatory criteria in selecting accounts for lawsuit. CONSOLIDATION OF TAX ACCOUNTS UNDER COMMON OWNERSHIP The policy of MVBA is to file a single lawsuit encompassing all the delinquent properties, both real and personal, with common ownership. This is accomplished by use of an alpha-cross index computer program which identifies a', accounts on the delinquent Inx roll under the same name. We also inquire of the tax office to identify name variations or the business names of a delinquentproperry ow: Pr. Combining all the delinquentaccountsof aproperty owner in asingle lawsuit makes itcasier to collect the total tax liability of the property owner, reduces the amount of court costs ch°rged to • the delinquent property owner, and eliminates confusion and 6uplication of efforts which can result , if multiple suits are filed against the same person. PERSONAL PROPERTY • As both an additional cost savings and revenue °nltancementtothetaxing units, theFirm begins work • • on the latest year's personal property ~-';nqucn6es on March 1 instead of July I, J ~ 1 - McCreary, Veselks, Bragg & Allen - In assoclarlon with Hayes. Coffey & Berry, P.C. IS e c~ e D. FILING AND PROSECU'T'ING LAWSUITS TO JUDGMENT After the account selection process, title and address research is performed on all parties to the lawsuit, Upon completion of this research, the MVBA computer system combines the delinquent tax roll data on the lax amounts, the If years due, and the description of the property taxed with our research information on title to the property and the addresses o f the property owners and lienholders. We genemte an Original Petition and a Citation (see Exhibit 7). The Original Petition is filed in the Court, and the District Clerk issues the citations we prepare Io each defendant. i OBTAINING SERVICE OF CITATION ON THE DEFENDANTS 1 Each Defendant property owner and lienholder in a lawsuit must be served with citation prior to j suttir 4 the case !or trial and judgment. Within sixty days from the date a citation is issued, MVBA exarnrues the Court's file for the sheriff's return of the citation indicating that a defendant has been served or, in the alternative, that the defendant could not be loratedat the address given on thecitation. If there is not a sheriffs return of the citation at the initial examination, we will review the Court's file again every thirty days until the sheriffs return Is filed. Ifa citation Is not returned by the sheriff' within sixty to seventy-five days of issuance of the citation, we make inquiry of the sheriffs d.partmenl as to the status of the service of citation or any questions that may have arisen, Iflhe shod ffis unable to locale adefenduntatthe addressgiven onthe chation,we beglnan Immediate search for a new address. A detailed discussion of address research Is included in Section B. If a new address is identified, anew citation is issued, If the defendant cannot be located aftera diligent search, a citation by publication will be issued on the defendant. DEALING WITH DEFENDANT PROPERTY OWNERS Many defendant property owners will pay aflcr service of citation. We communicate with the defendants or their attorneys to arrange the payment of [lie taxes and court costs and the dismissal of the lawsuit. Other defendant property owners may wish Cosign an Installment pnyment agreement. If the tax office approves of the payment agreement, we cln,ely monitor the defendant's compliance 0 wide the agreed-upon payment schedule. In sonic cases, we will obtain an agreedjudgment alon- with a payment agreement wherein we agree not to execute on thejudgment provided the defendant keeps the payout agreement. A detailed discussion of installment payment agreements is Included in Section 1-1, e ~ ~ e McCreary, Veselka, Bragg & Allen 1n associltdon with Hayes, Coffey & Berry, P ,C, IG o 0 • SUITTRACKING SYSTE114 , The process of keeping numerous lawsuits flowing through the court system requires a computerized sail tracking system. McCreary, Veselka, Bragg & Allen maintains a sophisticated automated suit tracking system providing the following information on each pending suit: *Cause Number *Style of Case N *Filing Dale *Defendants' Names I *Lienholders' and other parties' names *Property Description *Service of Citation and Date *Answers by Opposing Attorneys *Motions or Discovery filed by any party to the suit *Instaliment Paymiml Agreement *Court Cost Paymtnts *Dismissal Dole *Judgment Dale *Abstract of Judgment *Tax Sale *Bankrupicy JUDGMENT If payment is not made after servioc of citation, we request the Court to set the case for trial on the merits. The Firm believes in pursuing tax suits too speedy conclusion. When a trial date is obtained, a "Notice of'I'dal" letter is sent notifying the defendant of the date and time that judgment will be sought for foreclosure of the tax her. on the property and for personaljudgmenl against the defendant for amounts due (see Exhibit 8). Judgments are followed up with abstracts of judgment and tax sales (see Exhibit 9). A tax sale of real property is[lie ultimate slop in the collection process and is an effective method ofcreatingpublic ♦ awareness of the necessity of paying taxes currently, Executions are initiated to enforce Judgments obtained on personal property. We consul) with our clients prior to all sates and executions, Sales and executions are preceded by a Notice of Intent to Sell Property to the property owner (see Exhibit 10). This gives the property owner one last opportunity to pay the delinquent taxes before property is posted for sale. - - - McCreary, Veselka, Bragg & Allen In assocladen with Hoye s, Coffey & Berry, P,C, 17 0 w r E. COLLECTION OF JUDGMENTS BY EXECUTION AND SALE After the Court's entry of Judgment, it may become necessary to seek execution or sale to recover the taxes due. Tax sales are conducted only after consultation with our clients. We consider executions and sales the strongest part of our program. Accordingly, we devote much effort to extensive research and notification. The sale can only be as solid as the underlying petition and judgment. f VACANT AND ABANDONED PROPERTY TAX SALES f The Firm actively pursues the sale of vacant and abandoned property. Several vacant, abandoned i and "assessed unknown" properties are placed in one lawsuit, After title run sheets are obtained, extensive research is done, particularly as to heirships, probated wills, etc. Numerous defendants may be listed in one suit, Citation by Publication is necessary as to defendants with unknown addresses. A local attorney is appointed attorney-ad-litem to represent all defendants cited by publication. A ftorj udgment Is obtained, an Order of Sale is issued by the District Clerk and Notice of Sale is published, A bid sheet is prepared describing the property to be sold and the minimum bid for each tract. The Hd sheet is mailed to local realtors and other persons who have expressed interest in bidding at lax sales in general or to those persons who have contacted the lax office about a particular parcel of property. The properties are sold at public auction to the highest bidder and Sheriffs deeds are issued to the purchasers. Tax sales return those vacant and abandoned properties which once represented lost revenue to our clients back to a current Income producing status in the hands of'a local taxpayer, More importantly, tax sales will create a substantial Incentive for other delinquent property owners to pay their accounts. • r - McCreary, VeKlke, Bragg & Allen - In association with Hayes, Caffey & Berry, P.C. i 18 r NY. ,lea I1r+`~,,++ I'i • ca • Y F. BANKRUPTCY PROCEEDINGS McCreary, Veselka, Bragg & Allen has an excellent bankruptcy department capable of providing the finest representation to our clients in (his important area of practice. The six-person staff of the y MVBA bankruptcy department is trained inbankruptcy law, and their effortsare devoted exclusively to bankruptcy mutters, Bankruptcy litigation is administered by two attorneys, P. Michael Reed and D. Kirk Srvinney, who are licensed to practice before each of the federal courts in Texas, the United Stales Court ofAppeals forthe 51h Circult,and the United States Supreme Court. Ourallorneysmake more personal appearances before bankruptcy judges than the attorneys of any other law firm engaged in property tax collections, They aggressively assert the tax claims and priorities and defend the tax liens of oer clients in the Bankruptcy court. fo handle the large number of bankruptcy cases, the Firm has trade use of a computerized tracking system since 1986. Thai system has been updated within the last year to provide the most capable and efficient bankruptcy tracking system available. In 1993 and 1994, we generated in excess of 22 million dollars in bankruptcy claims and are currently monitoring approximately twenty-five thousand bankruptcy cases. 0 Upon notification of a bankruptcy affecting a client, we generate and file a claim for current and delinquent taxesand a NoticcofAppearance. The Appearance no(i liesparticipantsin Ihebankrup(cy of the need to provide us with copies of all relevant documents so that we may respond appropriately of behalf of our clients. From that point, various measures, both defensive and offensive, may be in order. If (hc situation warrants, we move for a modification of the automatic slay, which would otherwise bar our pursuing the taxes by suit. When we ore able to do this, we may subsequently seek the payment of [hc taxes clue in a state court action. Additionally, we find that [axing units frequently are vulnerable to impairment of their tax liens by not protecting their interest when a Chapter 1 I or Chapter 13 bankruptcy plan of ncorganir-ation is drawn, Therefore, we monitor all bankruptcy reorganization plans to determine that the provisions contained in those plans provide the full legal redress ova iIable to our clicnls. Additionally, we carefully monitor and respond to other bankruptcy transactions wh[chjcopardize recovery, including sales of property, mollons for relief of automatic stay filed by other creditors, and lien claims, as well as defending any challenges made to the tax cfainms of our clicnls We negotiate with deblor:v, trustees, and other competing creditors to protect the property tax liens and obtain priority payment of taxes. We attend hearings in Bankruptcy Court to litigate any objections filed by debtors to lax claims. Our goal is to maximize the return of tax dollars to our clients in every bankruptcy case. r Additionally, we have procedures for carefully following up after a bankruptcy has been concluded. We determine the status of taxes which were a part of a bankruptcy proceeding, to determine any • remaining liability for those taxes, and pursue the liable parties in the collection of those (axes. Our diligence and aggressive legal actions in the area ofbankruptcy results in the timely collection of the taxes due to our clients which otherwise might be lost or inordinately delayed. McCreary, 1 eselka, Bra & Allen Y 19 • • Hayes, Coffey & Berry, P.C., has represented a number of financial institutions as creditors in bankruptcy proceedings, throughout North Central Texas. Their familiarity with the bankruptcy courts in thi 8 area and the frequency in which they appear and have contacts with the bankruptcy court and clerk tier the Eastern District of Texas in which Denton 1s located, will aid us in being apprised of ongoing bankruptcy proceedings. COLLECTING TAXES FROM FEDERAL. AGENCIES With the closing of numerous banks and savings and loan associations In Texas by the Federal Deposit Insurance Corporation and Resolution Trust Corporation, a new challonge has &risen In the collection of delinquent property taxes. The enactment of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) by the United States Congress significantly changed the law ! relating to the paymentoftaxes onpropertyownedby the FDICandRTC lntheircapaeityasrecelver ! for an insolvent financial institution, McCreary, Veselka, Bragg & Allen files claims, as required by FIRREA, for current and delinquent taxes with the FDIC and RTC. We aggressively pursue all legal remedies and take other practical measures to collect the taxes and accrued penalties and interest due. Our Firm has vast experience in collecting taxes on property which has been foreclosed upon by the FHA, VA, SBA, HUD and other Federal agencies, We are successful in obtaining payment f of all taxes, penalties and interest from those Federal agencies, 1 Ii l McCreary, Veseitu, Bragg & Allen In arso4adas Wth Hayes, Coffey 4 Berry, P,C. 20 ~ YIY"' • • C. TAX WARRANTS The Property Tax Code authorizes the seizure of personal property in order to salisfy property taxes. ' Seizure proceedings are among the most effective collection techniques, especially when utilized to ' colIce[ delinquentlaxesonbusiness personal property. The use of publicity from successful seizures can also be very effective in prompting other property owners to pay without litigation. We recognize that the use of seizures is also the harshest technique for collecting delinquent taxes. Therefore, seizures are initialed only afterdiscussion with, and approval of, the client. Furthermore, we have developed seizure procedures to assure our clients that the tax seizures we conduct will be professionally and carefully executed. These procedures are; 1) IDENTIFY THE ACCOUNT TO BE SEI%ED. This is accomplished in close conjunction with the tax offs c, Larger accounts and those with several years of taxes due are considered, Businesses with invenlory which is readily subject to seizure are the best candidates for seizure. We are extremely careful to confirm the ownership of all personal property to be seized, 2) SEND NOTICETO THE PROPERTY OWNERS. When time is not of the essence, we will notify the property owners that their property is subject to seizure and sale for non-payment of taxes, Most property owners respond wilh payment alter receiving this notice, 3) DETERMINE -1.11F FEASIBILITY OF SEI'ZURE' We will inspect the property to verify the existence ofproperty which can be seized and will, if there is a possibility or a pending bankruptcy, check with the Bankruptcy Court to ensure lhut no automatic stay is violated, 4) PREPARATION AND ISSUANCE OF THE TAX WARRANT. We will prepare the necessary forms for seizure. These forrus, which have been designed by the Finn, include the Application, the Order issued by thejudge for the issuance of the Tax Warrant, and the Tax Warrant Itself, A judge ol'a court of appropriate jurisdiction In the county where the seizure is to lake place must sign the 'l'ax Warrant. 5) EXECUTION OF THE WARRANT. We will accompany the tax collectorand the sheriff in the actual seizure of ilia property, Most property owners pay when they are served with the'I'ax Warrant by the sheriff, 6) SALE" OF THE PROPERTY. Should the property owner still refuse to pay ilia tax after seizure, we will prepare the necessary notices of sale which must be sent to all persons with an interest in or • lien on the property seized. This notice sets forth the time and place of sale We will have an attorney r presentatthesale oftheproperty, Finally, we will prepare the Bill of Sale conveying 4.o the purchaser title to the property sold, - - McCreary, Wsetka, Bragg & Allert fn a.sydelarlon adrk Hayes, Coffey & Berry, RC, 21 • A • • • H. INSTALLMENT PAYMENT AGREEMENTS Some delinquent taxpayers are unable to pay the entire amount due in a single payment, of our clients have adopted policies that permit installment payment agreements. Such polices vary among jurisdirtions, and we comply with any payout arrangement or policy adopted by our clients. Accordingly, we provide the following support program for installment payment agreements: ' 1. Consultation and Review of E.elsting Program. We consult with the tax collector and review policies and procedures regarding installment payment agreements. Where there is no conflict with existing policy, we recommend the following: a) While the tax code Ivrinits agreements to extend as long as 36 months, the payment agreement should provide for complete satisfaction of the delinquency In the shortest possible time. b) Each payment should cover at least one complete yenrof base tax, penalties, and interest. c) Paymen(, which are insufficient to cover a complete year of base tax, penalties, and I interest should be pro-rated accordingly. d) Iranagreement issignedbefore litigalion,asuitwillnotbafiledsolong astheagreement is current. e) Agreements signed alicr suit has been filed should permit judgment to he taken. The agreement will be continued post-judgmenl, and the judgment will not be enforced so long as the agreement is current. 2. Preparation of Installment Paynnent Agreennenrs. A nor consultation and reviewer (he cur, on[ program, the lax office may choose to continue with the existing forms and procedures, However, we redesign forms to be used by the tax office upon request of the tax collector. Additionally, our office assumes all or part ofthe responsibility of generating installment agreements and securing the necessary signatures upon request of the tax collector. 3. Afonltoring Compliance with Installment Pa'Ment Agreements. Immediately upon receipt of notification (hat an installment agreement has been signed, that • account is coded in the tax offlcecomputer and in our system. We maintain copies of all payment agreements and review them every thirty days for compliance. 1 4. Eglbrcbtg ComlViance rs,ld, Agreements, in the event a taxpayer defaults on an installment agreement, we send a notice of cancellation of the payout agreement and begin the next step in the collection process. ~ J McCreary, Vew1ka, Brogg & Allen In association wilk floyes, Coffey & Berry, RC, 22 • O a ca 0 1. COMMUNICATIONS AND REPORTING CAPABILITIES McCreary, Veselka, Bragg&i Allen lakes great pride in our ability to communicate with our clients. We regularly report to our clients on the collection procedures Initiated and the collections achieved. Copies of all payout agreements, demand and lienholder letters, suits, judgments, and bankrupt :y claims are provided to our clients for informational purposes, but they are not requested to maintain any files for the Firm, We coordinate all aspects ofour collection activity with designated members of the City staff, This includes Tax Office, Finance Office and City Attorney's Office. As each collection procedure is taken by MVBA, from the first notice of delinquency to the sale of the property, the action is instantaneously recorded cn a Collection Activity Report in ourcomputer system. The Collection Activity Report enables us to report the type and date of every collection activity taken on behalf of a client at any time, We provide our clients unnually with a Collection Activity Report reflecting the progress of the I collection program, 'T'hese reports can be submitted more frequently upon request. (See next page for a sample report.) The reports include the following information: (1) Amount of delinquent taxes, penalties and interest collected (2) Number of notices and letters mailed Including types and deadlin^s (3) Number and type of suits filed (real, personal, "vacant and abandoned") (4) Amount of money involved in litigation Number ofjudgments taken and amounts involved (6) Summary seizure and tax sale activity (7) Number of bankruptcy claims filed and amount of taxes included We provide a graphic report of the collection activity on the delinquent taxes, The report divides the lax accounts into suits, bankruptcy, pnyouts, research, and other categories, Including that most important category, those accounts paid. As part of the Firm's service, we provide opinions regarding property tax problems our clients experience. These opinions are generally in writing, and the Finn is available to follow these up with discussions with the lax office, client administrators, andthegovemingbodyoftheclient, Inaddition to requested opinions, the Firm has found it beneficial to advise clients of key appellate court • decisions or topics of common concern. Each quarter, the Firm publishes the MVBA View Point to keep our clients informed of the latest developments in property taxation, A copy is Ltciuded as Exhibit 1 1 , if a significant event occurs we immediately send an MVBA Bulletin on the subject matter. HeCrearl,, Veselka, Bragg A Allen provides toll free inward WATS lines to our Austin office for ® the use of ourclients and their staff. We welcome the opportunity to meet with client administrators A and attend the meetings of the governing body of our clients at any time to discuss property tax collections or other property tax matters. - - McCreary, Veselka, Bragg & Allen in afsocladen 14,11h Ilayes, Coffey & Berry, P,C, 23 1 i e ay • r MCCREARY, WSELKA, BRAGG & ALLEN, P.C. ATTORNEYS PT LAW F AUSTIN MKOAg S~ 54M May 16, 1995 Mr. Jon Fortune, Chief Finance Officer City of Denton 215 East McKinney Street Denton, Texas 76201.4299 Re; Delinquent Ad Valorem Tax Collection Activity Report- Year Ending June 30, 1994 and July 1, 1994 through April 30, 1995 Dear Mr, Fortune: This t resent our Firm's activity in the delinquent from July1, 1993, through June 30, 1994, andfor the period of July i1, 1994,ithrou h April 30, 1995. 8 .~Trol\r ,~.~IB$Ea'T YE R O .r.Rf~rrnue The Firm's Contract with the City of Denton requires us to collect 60% of the base lax for the current lax year during the first year of delinquency, During the first year of our Contract, we met this goal, We actually collected 61.16% of the 1992 taxes turned over to us for collodion, We also will exceed this goal during the second year of our Contract. As of April 30, 1995, we have collected 59,C8% of the 1993 taxes turned over to us for collection, We will exceed our 60% goal by June 30, 1995, This Is further detailed as follows; ~9+J~ Tex _YC~r 1992 base tax collected between July 1, 1993 and June 30, 1994, Turnover Amount. $368,753.08 Goal., $221,251.85 Actual Collections; $225,516,01 Percent Collected: 61,16% 1993 bari tax collected between • July 1, 1994 and June 30, 1995, Turnover Amount; $321,756,96 Goal; $193,054,18 Actual Collections; $190,101.85 Percent Collected: 59,09% J r} tai" IRA* 7 Nli~,o 0 • • TOTAL COLLECTIONS In addition to collecting the current year tax the Firm works on all delinquent accounts. During the period from July 1, 1993, through June 30, 1994, we collected $301,089,39, in total delinquent taxes, penalties and interest, An additional $75,045.59 was collected by your former law firm during the first six months of our Contract. This represents payments on accounts on wh;ch they filed suit 1 dor to the beginning date of our Contract. During the second year of our Contract we have collected $328,570.77, In total delinquent taxes, penalties and interest through April 30, 1995, This is significant because the 1993 turnover was less that the 1992 turnerover, It is anticipated that the 1994 turnover will also be substantially less than the 1993 turnover. This makes it even more Important to continue to collect the older delinquent ;ears. During the period of time covered by this report, we have used the following collection procee:.w.,s: LETTERS The Firm has sent a notice of delinquency to each delinquent property owner in our attempt to obtain voluntary payment of taxes due, We have conducted address and title research, Experience has proven that prior to the institution of legal proceedings, a series of letters to delinquent property owners and their lienholders results In substantial payments. A. Detail Letters - Notices on all years of delinquency Including property description and amount due, 7-1.93 to :3024 71-94 to 4.30.95 Number: 3,373 3,322 Base Tax: $1,568,544,89 11278,693.09 Total Due: $2,645,918,36 2,213,064,24 B. Demand Letters Notices to selected accounts informing of suit action if taxes not paid, 7-1-93 to 6-10-94 7;1-91 to 4-30-25 , Number: 218 234 Total Tax: $145,962,85 $210,956.64 • 'T'otal Due: $236,027.50 $331,453.69 Page 2 of 6 1 R „ • • r t ADDRESS AND TIT FSF.ARCH Many delinquent accounts are collected by giving the proper attention to finding the correct address of a delinquent property owner, Delinquent accounts with unknown or Incorrect addresses are researched by the Firm through the phone book, city directory, utility records, voter registration records, assumed name files, and the Secretary of State's records. Prior to filing suit, the Firm carefully researches the title to property to identify all parties who have an ownership Interest or a lien on the delinquent property. We examine deeds, deeds of trust, and probate records to determine who has an interest in the property. When title research has been completed, lienholders and new owners are notified that suit will be filed In the event the taxes are not paid, Lienholder Letters - Notices to financial Institutions and Individuals which the Firm has determined, as a result of title 1 research, to have liens on delinquent properties, 1 7.1-93 10 6-30.94 7-1.94 to 4-30-95 I Number: 104 121 Base Tax: $ 76,764.83 $133,385,21 Total Due: $124,078.07 $203,300,69 ! New Owner Letters - Notices to owners who the Firm has determined, as a result of title research, did not receive the initial notice because their names did not appear on the delinquent tax roll, 7A-93 to 6.30.94 7-1.94 to 4-30.95 Number: 4 2 Base Tax: $ 2,691,08 $ 793,67 Total Due: $ 4,343,73 $ 11159,02 i I i Page 3 of 6 I f • r~~ ""p YV,, I'i ' ~•.,tit-r, I ■ Suits are filed when delinquent property owners do not respond to the letters mailed by the Firm, Accounts placed under Suit - A suit filed against a delinquent property owner for foreclosure of the tax lien and personal liability for the tax, All of the properties the defendant owns on which there are delinquent taxes are included in the same suit, 7-1-93 to 6-30-94 7.1-94 l0 4-30-95 Number, 123 159 Base Tax: $ 81,429,81 $147,883,84 Total Due: $116,331,74 $242,683.67 Accounts dismissed prior to judgment Dismissals are issued on suits which have taxes and court costs paid before judgment is taken, 7-1-93 to 6-30.94 7--1-94 to 4.30-95 ' Number: 64 123 JIUDGMENTS When service of citation is complete for all defendants, the Firm obtains a trial setting from the Court for those cases in which the delinquent property owner has not paid, 'rhese trial settinggs :,:cull in either payment in full or a judgment ordering foreclosure of the tax lien on the propcYy in question and/or personal liability against the defendant property owner, Accounts placed under Judgment 7.1-93 to 6.30.94 7-1-y4 to 4.30.9 Number: 18 36 ' Base Tax! $21,648,67 $36,204.18 Total Due: $36,200,49 $62,911.26 Page 4 of 6 ,.i IIt , ,r p t ...-.~uw.. •-..~..-.y.r....... _ ~r.rM.L'YOM['A'`i :u any.... _ , V „ l~i iii t}~til r . ri, • • r TAX SALES After consultation with the City Staff Judgments involving real property are followed up by a Sheriffs Sale of the property. The Firm assists the Sheriffs office inhandling all aspects of the sale. During the period of this report we hav, posted 1%-,o Judgments for sale, Neither property sold at the Sheriffs Sale and both were bid it crust to the lasing units. Both properties have been subsequently been re-sold with the approval of the City Counsel with the following results: Taxpayer: 1-35 Loan Oak Corporation Amount of Judgment: $1,951,46 Date of Sheriffs Sale: October, 1993 Date of Resale: May, 1995 Net to City after resale: $2,584.41 Taxpayer: Emma Jewel Walker Adamson. Amount of Judgment: $2,773.47 Date of Sheriffs Sale: April, 1995 Date of Resale: M. 1995 Net to City after resale: $1,519,06 We are continuing to prepare accounts for sale, BANKR UPTCIFA Immediately upon notification by the tax office that a property owner has filed bankruptcy, the Firm files a claim for all property taxes due with the Bankruptcy Court, The claims are monitored for progression through the Bankruptcy Court. The Firm reviews all motions and plans of reorganization filed by the debtor or any creditor with the Banitruptc,y Court to insure that the property tax claims are protected to the fullest extent allowed under the Bankruptcy Code, Accounts on which Proof of Claim filed - The initial claim filed by the Firm in the Bankruptcy Court which includes all taxes owed by the property owner at the time the bankruptcy is Initialed, 7.1-93 to 6.30.94 7.1.94 to 4.30.95 Number: 59 51 Amount: $46,784,66 $34,178,67 • $60,774,01 $41,393.37 1 { f Page 5 of 6 r 1 1 I 1 t- i • • Accounts on which Administrative Claim Mod - A subsequent claim filed by the Firm in the Bankruptcy Court for taxes which come due after the filing of a bankrupety 7-1.93 to 6:30-94 7.1-94 to 4-30-95 Number: 5 5 Amount: $13,022.78 $1,301.59 $13,109.74 $1,301,59 A progressive delinquent tax program is very Important in maintaining a high collection percentage. Our Firm has collected $629,660.16 in delinquent taxes, penalties, and interest during the tune we have r+epresatted the City of Denton. Accordingly, delinquent tax eolleotlons are a AW sounca of revenue. When delinquent taxes, penalties, and Interest are included with current collections the ' percent of levy collected is greater. This fact should be considered in your budget discussions. The Firm considers it a privilege to represent the City of Denton and will continue to assist you ad valorem tax matters We have an excellent working relationship with the City Staff. We look forward to our continued relationship with the City of Denton. Respectfully submitted, 01 Gilbert T. Bragg for the Firm GTB:slb ~o Page 6 of 6 • • f ~r. c.' ~ NEa~~f,~~~.,q~a i li~i 74fi %~~41id~:7r~ ~ r~~ ~~~e • ca J. DATA PROCESSING SUPPORT McCreary, Veselka, Bragg & Allen has custom designed and developed the most sophisticated software for delinquent tax collections, The Firm has employed computer systems analysts with expertise in property taxation to produce a highly special ized software whir? has extensive integrated word and data processing capabilities. As we service our clients, we are continuously developing, testing, and revising our system in response to changes in the legal and collection environment. All of our clients beneflt from new program developments and system enhancements. We have successfully processed data from thirty-five different software systems operating on six different makes of computer hardware. We are rblly compatible with all computer hardware and collection software systems used by tax offices in Texas. MVBA utilizes Uniplex software which provides the integration of word processing, spreadsheet, data base applications, including E-mail and calendaring features. We invite you to visit our main office in Austin fora demonstrationof the vast capabilities of our computer system. The capabilities of our data processing system are as follows; I. Automated Collection System * Prints and processes over 150,000 letters a week on quality letterhead * Data record structured for variable access and output by name, legal description oryear level. File structure accommodates 40 sub-jurisdictions * Automated system follow-up * Calculates standardpenaltyandinterest, specialpenaltyandattomeyfees automatically * Accumulates and logs statistics of all notices, letters, suits, judgments and sales processed * Individual statements of delinquent accounts * Delinquent listing by alpha or geographic account number sequence * Cross index files * Flag accounts by reason and amounts 2. Automated Sall Document System C * Computer generated petitions and citations for personal service and vacant and abandoned property suits * Separate schedules of taxes for each jurisdiction calculated to include attorney fees * Computer generated judgments and releases * Status suits • ~ * Compu to te , generated statistics r ~ * Computer generated letters before/after suit is filed, judgment taken and property sold to satisfy lien McCreary, Veselks, Bragg & Allen azgw~ in association with Noyes, Coffey e4 Berry, P.C, 30 • 0 • • 3. Automated Suit Tracking System * Cause Number * Style of Case * Piling Date Defendants' Names * Lienholders' and other parties' names * Property Description * Service of citation and date * Court cost payments * Status of Suits * Judgment date * Abstract of Judgment * Tax Sale * Payout * Special case status: Hardship, over-65, homestead, etc, * Answers by opposing attorneys I. * lmpieaded tax jurisdictions • Motions filed by any party to the suit 4. Automated Bankruptcy Tracking System * Case Number * Style of Case * Defendant's names * Property description * Jurisdictions in which claims are filed * Claim years and tax amounts * Suit filed S. Texas Legislature Tracking System • * On Line Service 'Tracks all phases of legislation * Committee Calendaring _ I McCreary, Veseltu, Bragg & Allen tn association with Hayes, Coffey & Berry, P.C, 3l • O w • ea • 6. File Access and Update * Secured access to Tax Data, Suit, and Bankruptcy Files * Update by CRT entry and computer tape or diskette * Selection of Data by Record Indicators Property under suit and judgment Returned mail Paid accounts Holds • Including Payouts, Hardships, Exemptions, and Bankruptcies * Specified years, amounts, property types 7, Reports ' * Complete Statistics Number and type of letter Number and amount of suits filed Number and amount of judgments Number of dismissals Collections received Accounts paid Various percentages of totals * Total items and amount of delinquency by year * Detail delinquent listing of all accounts * Ability to develop reports by selecting certain records by record design 8. Color Graphic Illustrations of Statistics * Illustrations and Comparison of Collection Statistics * Diagram of Delinquent File Status Work In Progress Suits Judgments Retums • Holds Bankruptcies McCreary, Veulka, Bragg & Allen In assoolatlon with Hayes, Coffey & Berry, P,C, J2 I ' I ; I' S^~ ui~ 1v ru it~'f~fM y, i!~' i 4Y • m • r K. DATA PROCESSING RESOURCES The main computer installation of McCreary, Veselka, Bragg & Allen, is located at 5929 Balcones Drive, Suite 200, Austin, Texas. At this location, we have the most advanced IBM RISC System/ 6000. The present hardware configuration consists of the following: • Component, Specifications: f CPU IBM RISC System/6000, Powerserver 370 with 128 MB Memory, running AIX. Disk I SCSI disk (internal) 2 GB storage 2 SCSI disk (external) 2 GB storage each 2 CD-ROM disk 1 3.5 diskette 1 5.25 diskette Telecommunications The most advanced telecommunications net I work using 56 KB phone lines and Data Race multiplexers to link our Austin office with branch offices. Tape Drive 1.2 GB 1/4" cartridge tape 5.0 GB 8MM sucaming tape 1/2" 9-track tape 1600/6250 BPI compatibility Printers 3 LEXMARK Laser printers 16 page per minute with duplex option 1 GENICOM Shuttle Printer 800/165 Ipm, continuous form • 9 LEXMARK Laser printers 10 page per minuite with envelope option I PC Network I IBM PS/2 486SLC2 (OS/2; X-WIN) Connected to the RISC by ETHERNET and 3 IBM ValuePoint 433DX used In graphics, diskettes conversions, 1 IBM ValuePoint 466DX spreadsheet & fax applications ' • 1 AT-compatible 486 r' 1 AT-compatible 386 1 AT-compatible 280 McCreary, Vemika, Bragg & Allen In arsoclatlon with Hayes, Coffey & Berry, P,C, 33 j 1f • Asychronous Terminals (CRTS) 46 Wyse 60 Used for word processing, data entry, update and document development. UPS 1800VA Online UPS Providing battery backup for the entire system Two Hewlett. Packs rd Graphic Used to produce graphic illustrations for Plotters reporting t Canon Color Laser Printer/ Used in production of proposals, reports and f Copier graphics Other automated procedures used to facilitate the handling of mass mallings rare; Bursting Decollating Machines Separation of continuous data processing forms Folding/Stuffing/Postage Machine Piracy Bowes Model 8300 Console Automatically folds, places letters into envelopes, seals and places metered postage on the envelopes I 11aljes, Coffol & Berry, P.C., has a sophisticated office computerization system. The Flrm has a one hundred user network, presently equipped with twenty-four networked terminals utilizing state of the art word processing, spread sheet, communication and client data processing applications. The network is run by a 486.25 file server using Novelle Netware 386, version 3,14, interoffice communication software, file data processing software and user accessible communications software via 2400 HA U modems are other features of the system, with an optical charaetor recognition system. The firm Is also equipped with fax and offshe user capabilities via modem. DATA PROCESSING EQUIPMENT • The present hardware configuration consists of the following; f i Component: Specifications: • CPU 486.25Mhz, 8MB Ram, 330MB Hard Disk • (Runs I00•User Network) J McCreary, Veulks, Brags & Allen In assocladon wHb Hsyrs, Coffey ,k Berry, P,C, 34 0 '11~y y". • t OM • ra • Backup CPU 386.25Mhz, IBM-compatible 2 Meg RAM, Color VGA Monitor, Mouse, 2400 Baud Hayes-Compatible Internal Modem Disks I 1 Hard drives 28 Floppy drives Tape Drive 500 MB Colorado Memory Systems IBM Compatible or ASCII 25 Workstations 20.286.25Mhz, 2.4 MB RAM, (CRT's) IBM-compatible Workstations with access to all network software 5 - IBM PS/2 workstations OCR Page Scanner Reads Documents on paper directly into I Word Processing I 2 Toshiba Laser printers Hewlett-Packard Emulation, 14 pages per minute, 3 Large paper bins, and f Envelope Feeder/Printer t i Hewlett Packard Laser Jet Prints 8 pages por minute 3 High-Speed Dot Matrix 320 CPS Seikosha and 250 LPS Printers Panasonic, and IBA LAS (Report Generation, etc, using continuous lbrm paper) I DATA PROCESSING RESOURCES Softwaud Components Specilleationst ! Internal File Maintenance STI File Maintenance • 1 Network Software Novell Netware 386 Version 3,11 , • r' McCreary, Veselka, BrsU 6 Allen In assoclalloo with Hayes, Coffey d Berry, P.C. 35 t"p i • Telecommunications Software Networked Remote Communication PC Anywhere IV/LAN Dial in/Dial out, Gateway Operation, Chat Simultaneously with other party Billing Accounting, Billing Software Spreadsheets VP Planner Surpass Lotus 1-2.3 Symphony Calculator Word Protest Ing WordPerfect 5,o, 5,1, IBM Displaywrlte 4 V,2 Interoffice Communications Electronic Mail, Appointment WordPerfect Office Calendar, Meeting Scheduler Desktop Publishing - Newsletters, Banners, Graphics, Finesse Desktop Publishing Graphincs, Pont Generation, etc, e McCreary, Veeelka, BrsU & Allen In assocladon whb e Reyes, Coffey & Nrry, P,C, 1 36 ..-....r..qd.. - ~ r+w~.-- :•ri'i :,Arty.. ~ m.,.r~~ r rtt1 r 7 ~ r~~..'. Y ♦ ~r ~ ~ t ~ ~ y r~ ArEr`.~f , 1j 1 Fi7 1 • 4^.j ~i ti~.~~Y. ~n.~if, `F+.t Y~l~ 1 '`at~a, f,' 7Y~ , • ca • r III. PROFILE OF THE LAW FIRM A. HISTORY OF THE FIRM McCreary, Veselka, Bragg & Allen, P,C, as a law firm, has been engaged exclusively in the practice of property tax law since 1960 with emphasis on delinquent property tax collections. The main office of MVBA Is in Austin, with branch offices In Waco, Longview, Abilene, San Angelo, Denton, and Victoria, MYNA currently represents over 350 taxing units In the collection of delinquent property taxes. These taxing units include counties, school districts, cities, appraisal districts, and otherspecial taxing districts of all sizes, McCreary, Yeselka, Bragg A A11en has a staff of experienced attorneys, legal assistants, computer programmers and operators, and other support personnel dedicated to the task of maximizing your delinquent tax collections. MVBA has consistently demonstrated the ability to administer an aggressive collection program and attain extremely high levels of delinquent tax collection for our ' clients. Moreover, MVBA achieves the goal of maximizing the collections In a professional and ethical manner without embarrassing our clients with unfavorable publicity about ourselves, individually or as a law firm, MVBA is aware that our actions reflect not only onus but our clients as well, Character and integrity are not just words at McCreary, Veselka, Bragg A Allen, i 1 . 1 1 1 i McCreory, Veselko, Ors" & Alled In Association wlrk Hoyet, Coffey & Berry, P,C, 37 , .w.+rw..w-..~..y,.1.r,. , ~ r.W. rr~lr~rv. .'1'P(`y 1Y•r., ~ ' n1 4ti1 Jt i,S .lr ~ , iSL , 5~ • Sri i ,i. ,1 fv ii4i~ } S,1 lily ~ ley 1 i • 0 r B. SUMMARY OF APPELLATE COURT DECISIONS MCCREARY, VESELKA, BRAGG & ALLEN, RC., AS LEGAL COUNSEL No. 11-93-050-CV, Walker's Coun)ry Place. Inc, v, Central Appraisal District of Taylor o, 867 S,W.2d I I I (Tex.App,-Eastland 1993, no writ) Walker's Country Place, Inc. purchased an apartment building in Abilene from a lender subsequent to thin lender having foreclosed upon the property in a bankruptcy. When the Taylor County taxing ' jurisdictions pressed the new owner for the payment of delinquent taxes, penalties and interest, the taxpayer filed a declaratory judgment action seeking to have the penalties and interest which arose during the bankruptcy declared void. The District Court in Taylor County ruled in fo -,;rofthe taxing jurisdictions and the taxpayer appealed. On appeal the Eastland Court ruled that while the imposition of penalties subsequent to the filing of bankruptcy may have constituted a violation of the automatic stay under bankruptcy law, it was necessary fora parry in interest to have challenged those penalties and interest during the ban kruptcy, in bankruptcy court. Therefore the taxpayer cou ld not col latcrally attack the assessment in state court once the bankruptcy was over. This ruling protects the right of taxing jurisdictions to collect all penalties and interest which have accumulated on properties while they were in bankruptcy from subsequent holders of the property by lien enforcement once the bankruptcy is over. No. 90.60670, Longview Independent School Dlgtrict v Machinery 4gnply & Grinding CQMgW, Inc. (In the United States District Court for the Eastern District of Texas, Tyler Division, 1992) In a Chapter 7 bankruptcy, the personal property assets of Machinery Supply & Orinding Company, Inc. were liquidated by the Trustee. Longview Bank and Trus, Company sought release of the proceeds of the sale to dreircommercial lien on that personal property. LongviewlSD also sought the satisfact ion of the personal property taxes from the proceeds of the sale in satisfaction of its delinquent ad valorem tax claims. The Bankruptcy Court denied the request of Longview ISD and granted the cntirctyofthe fundsto Longview Bank and Trust, Longview ISD appealed the decision to the Federal District Court and that Court reversed in favor of Longview ISD, In reversing the Bankruptcy Court, the District Court found that Longview ISD had a superior lien claim by virtue of Texas Property Tax Code § 32.05, and that while the tax lien may have been avoidable by the Trustee, no action was taken in the bankruptcy by the Trustee to avoid that lien, The Appellate Court further found that Longview Bank and Trust had no standing to initiate alien avoidance action on its own part and thus Longview ISD would be awarded their portion of the proceeds of sale. r - - McCreary, Verelks, Bragg & Allen In ossocladon with Hayes, Coffey & Berry, P,C, 38 i • I I V • I- as • s No. 93-8408, CItX of Boerne, et al v. Boerne H lis Leasing Corn, and Chrybllr Credit Cor org_ atfon, 15 F,3d 57 (5th Clr. 1994) Upon the sale in bankruptcy of the personal property assets of Boerne Hills Leasing Corp., the Bankruptcy Court in the W^stem District of Texas granted all proceeds of the sale of the inventory to Chrysler Credit Corporation, the commercial lender in the case. The taxing jurisdictions objected and requested distribution to their own lien claims which objections were overruled and requests denied on the theory that the liens were fundamentally inferior to the prior liens of the floor plan financier, The taxi ngjuri sdictionsappealed to the Federal District Court, and while restating the basis forthe ruling, that Courtaffirmed the Bankruptcy Court's ruling. On appeal to the Fifth Ch-I Court of Appeals, the rulings of the lower Courts were reversed. The Fifth Circuit concluded that the tax lien of the taxing jurisdictions under Texas law is superior to that of commercial lenders even when thosecommerciat liens predate the taxes, and that while the tax liensmay have been avoidable under bankruptcy law no action had been taken by the Trustee to do so, Furthermore, the Fifth Circuit found that wh I le Chrysler Credit could have soughtauthorization from the Court to initiate a lien avoidance I action on behah'of the'l-rustee, nosuch authorization had beensoughl and thus thejurisdictions were r entitled to their portion of the proceeds of the s Jc of the debtors inventory, " No. 4:91CV117, Robert V. Thurmond Jr Y. Leander Independent School District. City of SAchse, Wylie Independent Schoo! Disirlel and Travis County, (in the United States District Court for the F,astern District of Texas, Sherman Division, 1992) Robert V. Thurmond, Jr., debtor in a Chapter 1 I bankruptcy, challenged the classification of the 1990 property taxes in hisbankruptey. The bankruptcy was filed in Februaryof 1990 and,if the 1990 taxes were pre-petition claims they would be subject to a six year payout, while if they were post- petition claims (administrative expenses), they would have to W paid in full with full penalty and interest at the time the Chapter I I plan was confirmed. In the Bankruptcy Court, the Debtor argued that since personal liability had arisen on January I ofthetax year the debtpre-dated the bankruptcy. I The tax jurisdictions argued that under existing case law in Texas, it was not the date of personal liability but the date of assessment which determines whether a particular year's ad valorem tax pre- dates or post-dates the filing of the bankruptcy. The Bankruptcy Court agreed with the taxing jurisdictions and ruled in their favor, Mr. Thurman appealed, and on appeal the Fedetal District Court followed the same reasoni ng as had the Bankruptcy Court, affirming that decision In favor of the taxing jurisdictions. No, 93-8067, Midland Central Appraisal District v. Midland Industrial Cerise ray ,3d (5th Cfr. 1994); A debtor had tiled bankruptcy on January 14, 1988. The bankruptcy court ruled that the 1988 taxes were pre-petition claims of the estate. The taxing jurisdiction contended that the 1988 taxes • • were administrative expenses to the bankruptcy. The Fifth Circuit concurred with the bankruptcy court, affirming the case. This is currently on application for writ of certiorari to the United States Suprernc Court. - - McCreary, Veselka, Bragg & Allen - in association WIM Hayes, Coffey & Harry, P.C. 39 I arr.-~.... . ......r...,.w. , - .w w.w..,.,y,.~..,,,p►l[w.v- Y,Y' i 1 • _ ca • , Count), of Burleson O al v General Electric Credit orn , 831 S.W.2d 54(Tex.App: Houston t 114th Dist.1, 1992 writ den,): Contrary to the way the facts are reported in the case, the taxing jurisdiction seized a manufactured hoine which had a given serial number on it. The laxingjurisdiction applied tothe Texas Department of Licensing and Regulation for information regarding the ownership and lieaholders on the home ofthat serial number. No record with the Texas Department of Licensing and Regulation was found. Later, after the tax sale,GECC appeared claiming a lien on the manufactured home, it demonstrated to the trial court that the serial number of the manufactured home was not what it had appeared to be, but a different number under which GECC held a lien. The appellate court affirmed the decision of the trial court in favor of GECC, Civil Docket No.92-009-S,InreTexasprAtigrnInstitute.Inc.., Pine Tree Independent School ]21striet Y. Texas National Bank, Western PubtrIct of Louisiana 1993: This case is factuallyand legally nearly identical to the Boeme FI€Ils Leasing case. The bankruptcy court in Louisiana held for the secured lendor, TexusNational Bank, distributingall proccedsofthe sale of personal property to it as opposed to a taxing jurisdiction, Taxing jurisdiction appealed and won a procedural reversal at the district court. On remand to the bankruptcy court, the lazing i jurisdictions prevailed on the theory that 1 I U.S.C, § 546 allows for post-bankruptcy petition perfection of the personal proprrty tax lien via the filing ofa claim in bankruptcy. Texas National Flank appealed, but the decision was affirmed by the district court. The case was settled prior to reaching the hiflh Circuit Court of Appeals, with substantially all of the tuxes being paid. No. SA-92-CA-698, In re W.H. Mangum, Inc.;_.Coun of Coma] et al v W H Mangum Inc. gt al., United States District Court for the Western District of Texas 1994; 'fhe bankruptcy court disallowed the taxing jurisdictions claim for § 33.07 fees and interest on administrative cxpenses.'rhe court also disallowed taxes for the year of filingasanadministrative expense, Following the bankruptcy court dncisionintheBocmeHillscase,thecourtalsodisallowed all pre-petition lax claims on personal property as being inferior to commercial vendors' liens. The district court reversed the bankruptcy court on all points ruling, for the taxing jurisdiction. 1 No. 04-93.00279-C1', Sbftann Sales Comm), v County gf Gltadalune et al , 4th Judicial District Court of Appeal-San Antonio, February 23, 1994, (writ den.): "Phis case resulted from a lax judgment for personal property taxes on a recreational vehicle retailer. The defendant, on appeal, contended that the entire Texas ad valorem tax scheme on personal e propertywasunconsdaitional,that CEDtaxcswere unconsdititional,that the taxaffidavitssubmitted • • atthetrial court were insufficient toestablish acase,that thetrial court should have granted itsmotion for conlimtance, that certain taxes were barred by the statute of limitations, (hat other taxes were McCreary, Veselka, Bragg & Allen - 8 In association KIM Hayes, Colley & Berry, P.C, 40 • 0 r l- .W • , barred by the doctrine of res judicata, that the description of the personal property on the tax roll was insufficient, that insufficient notice of the taxation was made, that the CED did not properly intervene in the case, and several other more spurious matters, The court of appeal upheld the judgment of the trial court on aflpoints forMVBAclients county andschooldistrict. Thejudgment for the city was reversed due to an insuff cient tax affidavit. The stale Supreme Court denied writ oferror. The case is currently pending the appellant's anticipated application for writ of certiorari to ' the US Supreme Court. 92-8244, Smith v. Travis County Education District, 968 F.2d 453, (5th Cir. 1992); MVBA participated with several other firms in the trial and appeal of the federal challenge to the collection of CED taxes. The federal district court ruled against the CEDs but stayed the effectiveness of its ruling. Both sides appealed to the FiflhCircuit where that court reversed in favor of the CEDs. No. 08-90-00164-CV, General Electrle Credit Corporation v. Midland Central Agilralsal District and Aaraisal Review Board of Midland Central. ppralsal Distrldtaimed estop County Appraisal District and the Freestone County Appraisal Review Board, 808 S.W.2d 169 (Tex.App. Fl Paso 1991) Judgment modifled In 826 S.W.2d 124 (Tex. 1991) GECC owned an aircraft which spent considerable time in both Midland and Freestone Counties. Both appraisal districts placed the aircraft on their respective tax rolls, GECC did not file a protest with the ARB ofeithereounty, but simply sued both in district court. The court of appeals held that GECC was required to follow its administrative remedies pursuant to Chapter 41 of the Texas Property Tax Code in both counties, The Court of Appeals also sanctioned GECC approximately $60,000 for a frivolous appeal. The Supreme Court reversed these sanctions, but upheld the appellate court's decision regarding following administrative remedies. No. 07-88-0284-CV, $ M. Ferguson. Jr. ant( S. M. Ferguson Jr Inc v Chillicothe Indeng~, dent School District, 798 S.W.2d 395 (Tex.App. Amarillo 1990, writ den'd) Ferguson sued the Hardeman County Appraisal District and others concerning the appraisal of his property located within Chillicothe Independent School District, However, Ferguson failed to make Ornely payment of (head valorem taxes pursuant toTex, Prop. Tax Code §42.08, Later, he attempted to make a payment of the taxes and claimed that he had substantially complied with §42.08, Thecourt of appeals held that compliance with §42.08 is determined as of the date of delinquency, and that any delinquency in payment would subject the property owner to having his appraisal district suit dismissed pursuant to §42.08. 8 r ~ ----McCreary, Veselka, Bragg & Allen - in assoclallon a-rib Hayes, Coffey & Berry, P.C, 41 j i RIM • 0 e • a 1 No. 3.91-482•CV, Paul W. Klmmell AKA Paul W Kimmell DC v Burnet County Appraisal ¢ i 1 District, 835 S,W,2d 108 (Tex,App. Austin 1992, no writ) Dr. Kimmell was a tax protestor who denied [hejurisdictional authority of the State of Texas. After multiple dilatory motions at the trial court, Dr. Kimmell suf crrd an ndversejudgment for delinquent taxes. He then appealed to the Third Court of Appeals. Prior to the time the Thim Court of Appeals issued a decision, Dr. Kimmel! sent papers to the court and to the litigants purporting to be orders of removal from the "Corrunon Law Court for the Republic of Texas" withdrawing the case from r thejurisdiction of the Third Court of Appeals, The documents even bore file marked stamps from p theallegedclerkof[his "Common LawCourt fortheRepublic ofTexas". The Thi rd Court of Appeals held that [here is no such thing as the "Common Law Court for the Republic of Texas", dismissed Dr. Kimmell's case for abandonment of the appeal, and sanctioned him for frivolous appeal No. 11-91-236-CV, Otis T. Hawkins v, Van Zandt County Approhid DlcrrIct yr al, 834 S.W,2d 619 (Tex.App.-Eastland 1992, writ den'd) Hawkins operates a commercial nursery in Van Zandt County. On his property, he has a numberof greenhouses which areconstnic[ed of metal pipe sleeves driven into the ground in parallel rows, Into the sleeves, are inserted tubular arches called bows, Plastic is then stretched over the parallel rows of bows to create a Quonset but style greenhouse. Mr. Hawkins, supported by [he Texas Association j of Nurserymen, claimed that these greenhouses, which he referred to as "covers", were in reality only implements of husbandry and should beexempled from taxation under Tex, Prop, Tax Code § IL 16 1. 'rhe trial court and court of appeals ruled in favor of the appraisal district holding the greenhouses to be improvements to really and thus taxable. The Supreme Court denied Mr. Hawkins' application for writ of error, No. 3-90-200-CV, J. M. }i0 CorpPraHon. Calcium Carbynate Division Y. Burnet County Appraisal District, 808 S.W.2d 613 (Tex.App.-Austin 1991, writ den'd) J. M. Huber Corporation failed to render, for a numberofyears, a substantial rock crushing plant in Bumet County in spite of repeated requests of the appraisal district to make a rendition, Huber made substantial improvements to [he plant. Finally, the appraisal district assembled sufficient data to • arrive at what it considered to be a realistic appraisal of the plant. That appraisal was substantially higher than it had been in previous years. A representative of Huber then contacted the chief appraiser. The chief appraiser told Huber that, even though it was past time for filing renditions for that year, the appraisal district would consider a rendition if Huber promptly sent it to the appraisal district. The next day, by express delivery, a document arrived from Huber addressed to the chief appraiser. The document was essentially a letter from Huber indicating whet it thought the value of • the rock cnishing plant should be. The chief appraiser tiled the document as a rendition when she ' • • received it in May of the year in question. Huber made no further contact with the appraisal district until after it received its tax bill. Finally, several months into the next year, Huber asked the appraisal - McCreary, Veselka, Bragg & Allen - !n association with Hayes, Coffey & Berry, P.C. 42 • 0 • r district when it would have its protest hearing before the ARB, The appraisal district indicated that the ARB process was over and that Huber had not protested. Huber then filed suit contending that its communication in May of the previous year was intended to be a protest. The court of appeals agreed with the property owner and ordered the appraisal review board to hear the protest. No. 11-87-297-CV, First Ualon Real Estate Inyestmenta v. Taylor County Appraisal District and Taylor County Appraisal Review Board, 738 S.W,2d 380 (Tex.App,-Eastland 1988, writ recd n.r.e.) The property owner filed a confusing document concerning the authority of its agent, Tile Appraisal Review Board sent a notice to the agent which was duly received. After it failed to file its lawsuit on time, the property owner blamed the Board for misdelivering Its notice. The Court allowed the property owner to benefit from the ambiguity in its own document and held that the Board's notice should not have gone to the agent. j I i McCreary, Veselka, Bragg rk Allen In assoeladen with Hayes, Coffey & Berry, P,C: 43 f ..'--"'^Y^`.._:... r.1..r.. ,.~..:,.-»..-...`r:L~u rw.^ s .U , a r.... r{k rj'~,.2i~Y ~S~ri;fr~,~f r~5~' i1 ~l~i~fi7'~\tt,l )r T'•y t~' 0 • h- ~ • C. PROFILE OF THE PARTNERS OF MCCREARY, VESELKA, BRAGG & ALLEN, P.C. JACK H. MCCREARY, the senior member of McCreary, Yeselka, Bragg & Al/en, P.C. is a member of the State Bar of Texas and American Bar Association. He is licensed to practice law in the Federal Courts. Mr. McCreary is a noted authority on property taxation. Since 1951 he has conducted a wide array of tax services for counties, cities, schools, special districts and other authori ties. lie holds the designation from the State of Texas of Certified Texas Assessor and Registered Professional ' Appraiser. Through the years he has provided property tax advice to Texas governors and legislators, having testified before legislative committees considering property tax legislation. Mr. McCreary has served as a Director of htterFirst Bank, Austin, Texas and as Board Member of Buckner Baptist Benevolences, Dallas, Texas. He is a former Committee Chairman of the Legends ol'Golf, PGA. Austin, Texas. He is a deacon at Hyde Park Baptist Church. Mr. McCreary is a graduate of Weatherford Junior College and holds B.S.A. (1950) and J.D. (195 1) degrees from Baylor University. SHEI,BURNE (SHELLY) J. VESELKA is the partner in charge of the delinquent tax programs for all the taxing units in Victoria County, Taylor County, Burnet County and Burleson County, among others. fie has bean a member of the Firm since 1971. Mr. Yeselka hosextensive experience in tax litigation, both in t re trial courts and appellate courts. He has personally conducted the sale of thousands of parcels cf real property and performed numerous summary seizures of personal property, Mr. Veselka has addressed many civic organizations and professional tax organizations on property tax matters. lie is certified by the State of Texas as an instructor in the Property Tax Law and Advanced Tax Collections courses required for all lax assessor-collectors by the Slate Board of Tax Professional Examiners. Mr. Yeselka was raised in several towns in the Texas oil patch where his father was a petroleum engineer. His family moved to Houston in 1956 where he graduated from Bellaire High School, lie graduated in 1964 from Texas A&M University with a B.A. in History, Upon graduation, he was commissioned as a Second Lieutenant in the United States Army. While in the Army, Mr. Yeselka • served in Vietnam where he advanced lotherankofCaptain,wasawardedtheBronzeStar,lhePurple Heart, and the Combat Infantryman's Badge. After being honorably discharged from the Army, ho entered the University of Texas Law School where he received a Doctor of Jurisprudence degree in 1971. Mr, Veselka isa member ofthe State BarofTcxn,9 and is licensed to practice in the U.S. District Court for the Western District of Texas. O Mr. Yeselka has four children and two grandchildren. His interests include golf, water sports, Aggie • sporting events, soccer and travel, lie is a mem her of Tarrytown United Methodist Church, - McCreary, Veselka, Bragg & Allen - !n assoclerlan with Hayes, Coffey & Berry, P.C. 44 • 0 • ad • CILBERT T, BRACE is originally from Baltimore, Maryland where his father was a Baptist minister, Mr. Bragg attended Baylor University on a United States Air Force ROTC scholarship, He received a B.B.A, degree in 1972 along with a commission as a Second Lieutenant in the Air Force. He received his Doctor of Jurisprudence degree from the Baylor University School of Law in 1973. After graduation from law school, he was promoted to the rank of Captain, He was a Judge Advocate at Bergstrom Air Force Base in Austin from 1974 until 1978. Mr. Braggjoined the Firm in 1978. He has handled all phases of delinquent tax collection litigation. If eis the managing Partner for the Denton Branch Office. He is a member of the Property Tax Section of the State Bar of Texas. Mr. Bragg and his wife have one son. They are active members of Hyde Park Baptist Church where Mr. Bragg serves as a deacon and is a fonner Chairman of the Church Trustees. HARVEY M. ALLEN is the partner iit charge of the delinquent lax collection programs and provides legal representation to the Midland Central Appraisal District, Bowie County Appraisal District, and the Tax Appraisal District of Bell County, among others. He has been a member of the Firm since 1981. He is active in all phases of the Finn's work, including trial and appellate practice involving both collection and appraisal matters. Over the years, Mr. Allen has rendered numerous legal opinions to schools, cities, counties and appraisal districts on property tax related matters. Afr. Allen is an authority on the Financial Institutions Reform Recovery and Enforcement Act of 1989 (the "savings & loan bailout" legislation) and its impact on local taxing units. He has addressed the Tax Assessor-Collectors Association of Texas and Texas Association of Assessing Officers on the complex provisions of this Federal law, A certified public accountant, Mr. Allen formerly worked on the audit staff of Arthur Anderson & Co., Certified Public Accountants, in Houston. He has participated in numerous audit engagements involving Fortune 500 companies. Mr. Allen is a member of the Texas Society of Certified Public t Accountants. Mr. Allen, from Houston, Texas, graduated from Spring Woods High School. He attended Baylor University and obtained a B.A. degree in 1975. Mr, Allen entered graduate school and received a • Musters in Business Administration degree in 1977.Afterwo,king inpublic accounting, hereturned to Baylor University School of Law and recei ved a Doctor of Jurisprudence degree in 1981, Mr. Allen is a member of the Stale Bar of Texas and is admitted to practice in Federal Courts. Mr. Allen and his wife have three sons and are members of Hyde Park Baptist Church when! he serves as a deacon and on the Finance Committee of the Church. He has also served on the Board of the Parent-Teacher Association of his sons' elementaryschool. His interests include golf, fishing and travel. '"-AtcCreary, Veselka, Bragg & Allen .~:....~.,r..w~ I„ assncrorlon with Hayes, Coffey & Berry, P.C. 45 i • 4 • p • i D. PROFILE OF THE ATTORNEYS AND KEY PROFESSIONAL STAFF ATTORNEYS ROBERT L. MEYERS is from Houston, Texas where he graduated from Spring Woods High School. He attended undergraduate school at Baylor University, receiving a B,A, degree in History. I He is a 1980 graduate with a J.D. degree from Baylor University School of Law. Mr. Msyers served as an assistant city attorney for the City of Waco from 1980.1986 where he worked primarily in the area ofad valorem taxation. His duties included the supervision of the collection of taxes for the City of Waco and the Waco Independent School District as well as representing the City in establishment and operation of Tax Increment Financing Districts and Tax Abatement Districts. Mr. A4eyers joined AfcCreary, Veselka, Bragg & Allen on January 1, 1987. Mr. Mevers as the managingattontcy forthe Wacooffice represents various school districts, cities, counties and special districts in the collection of taxes. He also represents the McLennan County Appraisal District as general counsel and in appraisal litigation, He was appointed general counsel of the McLennan County Education District. lie is a frequent speaker for the Texas Association of Appraisal Districts and Texas Association of Assessing Officers. A4r. A9c;vers is a cerlified instructorby the Hoard of Tax Professional Examiners and leeches several tax courses throughout the State. A& Meyers is a member of the State Bar of Texas and practices before the trial and appellate courts of this State. lie is also a member of the State Bar of Texas Committee on Ad Valorem Taxation and committee on Professionalism. He is licensed in Federal Court where he has litigated cases concerning the appraisal of property for ad valorem taxation. MICHAEL REED, is an attorney in our Austin ofGra, Mr. Reed grew up in San Antonio, Texas where he graduated from Jefferson High School in 1965. He attended Texas A&M University, graduating in 1969 with a degree in History and Politics! Science, and served as an officer in the U.S. Air Force from 1969.1972. He graduated in 1988 from the University of Texas Law School, and began to practice with McCreary, Ves dka, Bragg & Allen at that time. lie is admitted to practice • law in the state courts ofTexas, the Federal District Courts for the Northem, Southern, Eastern, and Westcm Districts of Texas, as well as the Fifth Circuit Court of Appeals, Sincejoining the Firm, Mr. Reed has largely focused on bankruptcy problems facing nd valorem tax jurisdictions. lie has helped to devise the procedures that we use to maximize the recovery to tax jurisdictions of revenues that are jeopardized by bankruptcy proceedings. He has also participated • in developing the computer system by which we are able to track bankruptcies with delinquent tae • • problems throughout the state. - - McCreary, Veselks, Bragg & Allen In association with Hayes, Coffey & Berry, P,C, 46 • - A • r r Apart from bankruptcy practice, Mr. Reed has been active in soliciting passage of useful ad valorem t tax legistaticn in the Texas Legislature, Along with Harney Allen, he has obtained Legislative sponsorship and passage ofperti nenl ad valorem tax measures that benefit all taxj uri sdietions. Along with such acli ve pa-r , ipation in the Legislative process, Mr. Reed has been in the position to monitor the changes in the school finance system, and was able to assist numerous school districts inmaking the necessary adaptations to comply Nvilh school funding system changes, Along the same line, when the CED funding system was challenged in Federa. Court, Mr, Reed participated in the defense of the school districts in the Federal District Court and Fifth Circuit proceedings. Mr, Reed has been a frequent speakerand publisher for associations of appraisal district personnel, tax officials, othertax professionals, and school officials, as well as for the West Texas Bankruptcy Bar and the Ad Valorem Tax Section of the Slate Bar of Texas. i D, KIRK SR'INNEY joined the Firm in April, 1990. Mr. Stivinney provides legal representation to i our clients in the areas of bankruptcy and appraisal district litigation. He has extensive experience 1 in the United States Bankruptcy Court, Mr. Snvinney has litigated numerous cases before the Bankruptcy Court while protectingthc interest oftaxingunits from the claims of competing creditors and against the Trustee of the debtor. he ctirrentl.y has several Bankruptcy Court cases on appeal to the United States District Court and the U.S. Fifth Circuit Court of Appeals. 1 Prior to joining the Finn, he was First Assistant City Attorney for the City of Midland where he practiced in a wide range of litigation fields including contracts and local government law, procedures, and problems. He has been a speaker and writer for the Texas Municipal League/Texas City Attorneys Association Conferences, as well as a frequent advisor to Texas municipalities regarding issues such as constitutional procedures, utilities, all types of local taxes, and bankruptcy. He has also been a contributing writer to the National Institute of Municipal Law Officers Publication, "Municipal Auotney". Since joining the Firm, he has successfully litigated several appraisal district cases and participated in and successfully settled numerous others, Mr. Svinney was admitted to the State Bar of Texas in 1984. He is also licensed to practice before the Federal District Courts of the Northern, Southern, Western, and Eastern Districts of Texas, the Eastern and Western Dislri,a of Arkansas, the Fifth Circuit Court of Appeals, and tha Uniiccl States Supreme Court. lie graduated from Lubbock Christian University (B.A. 1981 Summa Cum Laude) ' and Texas Tech University School of Law (J.D. 1984). He is a member of the Texas City Attorneys • Association, State Bar of Texas, and Christian Legal Society. I ROY L, ARMSTRONGjoinedthe Austin officeofourFirm onFebruary 15, 1988, Mr. Armstrong has extensive experience representing lax units and appraisal districts and has practiced before numerous Courts of Appeal and the Supreme Court of Texas, Prior tojoining our Firm, he practiced • with a private law fine in Dallas and represented the Dallas Central Appraisal District in cases such • as DIJIns ' tmlyAppraisal District vs, Institute for Aerobics Research, Dallas Cqun y Appraiml District v .Rkrul man &C~4., and 121b;; Court y p isal District vs. New. Mr. Armstrong - - - - McCreary, Vesetka, Bragg & Allen - In cssocladon HIM Hayes, Coffey & Berry, P.C. 47 ~ 0 , • ea+ i' has represented taxing units in administrative proceedings before the State Property Tax Board. He is also licensed to practice in the Federal District Court for the Northern District of Texas. Mr. At-nso-ongholds degrees from Southern Methodist University, (B.A.1981 Summa Cum Laude) where he is a member of Phi Beta Kappa, and the University of Texas Law School, (J.D. 1984, with honors). i RODNEY B. DOWDjoined the Firm in January, 1988. Mx Dowd is the Managing Attorney of our Longview office. He graduated from Baylor University with a B.B,A, in Economics in 1976. He received his J.D. from Baylor University Law School in 1979. Upon admission to the State Bar of Texas, he served as general counsel foran oil and gas company for six years and was in private practice for three years before joining our Firm. Mr. Dowd is a memberof the State BarofTexas,and is active in the Texas Young Lawyers Association of Harrison and Gregg Counties. Mr. Dowd is also admitted to practice in the Federal District Court for the Eastern District of Texas. fi KEY PROFESSIONAL STAFF CLYDE N4. CRAIGEN is the Director of Operations of the Firm. He joined the Firm in 1971 as a Tax Consultant. He has extensive experience in the areas of tax program analysis, title research, taxpayer notification and address research. Mr. Craigen's area of expertise includes contract management and public relations with both tax office personnel and the general public. He has been instrumental in the Firm's im-lementation of extensive integrated word proccssingand data processing systems, Management of office functions include coordinating computer data services and being the liaison between the law firm and computer system analysts, as well as directing the daily operations of the Austin office. o r Befbrejoiningthe Firm, Mr%C'raigenwas a Tax Account Supervisor orthe Ad Valorem Tax Division of the State Comptroller of Public Accounts, There he accounted for State Ad Valorem Tax (Ends and approved State delinquent tax contracts. He holds the designation of RPA and is a member of M the Texas Association of Assessing Officers. He also is a member of the Tax Assessor-Collectors Association of'l'exas and has served as Secretary -Treasurer of that Association. He is an alumnus of the University of Texas. LUCINDA (CINDY) N'ILCOXEN is Direclorof Data Processing. She became a member of the e Fimi in 1976 after graduation from Mary Hardin-Baylor University. With eighteen years of A • experienceindclinquenitaxcollections,Ms, Wilcoxen coordinates the development, documentation and maintenance oftlte MVBA computersystem. She suliervises computer data conversions and all : McCreary, Veselka, Bragg & Allen In assocladon with I Hayes, Coffey & Berry, P.C. 48 e 0 • • NO data processing applications, During her years with the Firm, she has processed data from every make and model of computer hardware and software which are installed In tax offices across the state. 1 I f I I I I .I McCreary, Veteika, Bran & Alkn In aSroc1411611 with Hayes, Coffey & Barry, P.C. 49 • .`'`'n4~r "'~~p.jS7'~51~'~~IMt'.ir'~i~`'~~~t'~I~i~~~`~ht ~i't~ rhl.. • • E. PROFILE OF THE PARTNERS OF HAYES, COFFEY & BERRY, P.C. RICHARD D. HAYES received his Bachelor of Business Administration degree from Texas Christian University, his Master of Business Administration degree from Texas A & M University and his law degree from St. Mary's University School of Law, He served as a briefing attorney for the Chief ,fudge of the United States District Court for the Western District of Texas, He is Board Certified by the Texas Board of Legal Specialization in Commercial and Residential Real Estate Law. He is licensed to practice in Texas Courts and the United States Districts for the Northern, Eastem, Southern and Western Di stric is of Texas, the Courts of Appeals for the 51h and 11 lh Circuits and the Supreme Court of the United States of America. Member, Denton County Bar Association (Director/President), Slate Bar of Texas, American Bar Association, Association of Trial Lawyers of America and Texas Trial Lawyers Association. He served on the Organizing Committee for the 241h and 251h Texas Special Olympics. lie has been appointed to the Board of Regents of Texas Women's University. He practices in the areas of civil, banking, real estate, construction and governmental litigation. DAN C. COFFFY received his Bachelor of Business Administration degree in economics from Baylor University and his law degree from Baylor University School of Law. He is licensed to practice in Texas Courts and the United States District Courts for the Northern and Eastern Districts of Texas. Member: Denton County Bar Associalion, State Bar of Texas (School Law and Family Law Sections),AntericanBarAssociation, (heTexas Trial Lawyers Association, and Denton County Family Lawyer's Association, Texas Association of School Boards Council of School Attorneys and the National Organization of Legal Problems of Education (NOLPE), He practices in the areas or civil trial litigation, banking, family law, governmental, and school law. BYRON R. BERRY received his Bachelor ol'Business Administration degree in accounting from Texas Tech University and his law degree from South Texas College of Law. He is also licensed by the Texas Slate Board of Public Accountancy as a Certified Public Accountant. He is licensed Io pract ice in Texas Courts and [he United Slaws Distret Courts for the Northern and EasternDistricts of Texas. Member: Slate Bar of Texas, Denton County Bar Association, Cooke County Bar Association, Denton County Society ofCertifed Public Accountants, United Stales Eastern District Court of Texas Bankruptcy Bar, The American Bar Association, American Institute of Certified • Public Accountants, Dallus Chapter Texas Society of Certified Public Accountants. Civil services include the following: Director for Cooke County College Foundation Advisory Board, Gainesville Adopt-A-School Steering Committee, coaching boys' baseball and football for the Gainesville Boys' Club, Director for Lake Forest Good Samaritan Advisory Board, Rotary Board of Directors, (President-Elect), and Legal Counsel to Ann's Haven Hospice, He practices in the areas of tax, business, bankruptcy, corporations, probate and estate planning. • • ---""-----McCreary, Vewlko, Bragg & Allen !n assoclallon Kaa Hayes, Coffey & Berry, P.C, 50 • e ; w m F. PROFILE OF THE ATTORNEYS AND KEY PROFESSIONAL STAFF OF HAVES, COFFEY & BERRY, P.C. ATTORNEYS RANDOLPH W. STOUT received his Bachelor of Arts degree in history from the North Texas Slate University (now University of North Texas) and his law degree from South Texas Co, lege of Law. Prior to entering law school Air. Stow taught in the public schools of Oainesvi Ile, Texas for five years. He is licensed to practice in all Texas Courts and is Board Certified in Family Law by the Texas Boatel of Legal Specialization. Member; Denton County Bar Association (Director/Secretary), Stale Bar of Texas (Litigation and Family Law Sections), College of the State Bar, and Texas Academy of Family Law Specialists. He practices in the areas of family law and civil litigation, R. SCOTT ALAGOOD received his Bachelor ol'Business Administration degree in Finance from Texas A & M University, and his law degree from Texas Tech University School of Law. He is ` licensed to practice in all Texas courts and in the United States District Courts for the Northern and Eastern Districts of Texas. Member: State Bar of Texas (Litigation and Real Estate Sections) and Denton County Bar Association. Served as Municipal Prosecutor for the cities of Hickory Creek, Argyle, Aubrey and Krugervi Ile. Experienced in trials before the Court and to juries. Civic services include the following: 1992. 1995 West Texas Legal Services Pro Bono Clinic; 1993. 1994 March of Dimes Jail and Bail Chairperson; 1993- 1995 Mulliple Sclerosis Walk-o-thon Volunteer; 1992- 1994 Career Day Speaker at Denton High School -Ryan, He practices in the areas of civil litigation, commercial and residential real estate, commercial and tnsumer collections, commercial and residential leasing, and governmental law. TIF'FANYHAERTLING, received her Bachelor of Arts Degree from Arizona State University and her law degree from Southern Methodist University. She is licensed to practice law in all Texas Courts, in the United States District Court forthe Northern District of Texas and in the United States District Court for tite Eastern District of Texas. Member; State Bar of Texas (Governmental, Litigation and Family Law Section), 'texas City Attorney AssoaJtion and Denton County Bar Association. Serves as Municipal Prosecutor for the cities of Argyle, Pilot Point, Aubrey and Oak Point. Serves as City Attorney for Hickey Creek, Argyle, Aubrey, Oak Point, Pilot Point and Ponder. Civic services include the following: Multiple Sclerosis Walk-a-thon Committee Chairperson 1994 - 1995, Career Day Speaker, Evers Elementary School 1994. 1995, Mock Trial presented for McNair Elementary School, 1993 - 1994. She practices in the areas of governmental, civil trial litigation and family law. • o - - - - - McCreary, %leselka, Bragg & Allen In a.rsocladon w!!h Hayes, Coffey & Berry, P.C. 51 • 0 • • TOM DIRICKSON received his Bachelor of Arts degree from the University of North Texas, his Masters in economic education from University of North Texas and his law degree from the University of Oklahoma with distinction. Prior to attending Law School, he taught in the Plano 1SD school system. He is licensed to practice law in all Texas Courts, in the United States District Court for the Northern District of Texas and in the United States District Court for the Eastern District of Texas. Mr Dlrlckson is a recipient ofan Academic Achievement Award in Land Finance, Fall, 1992, Member: The Amorican Bar Association, the State Bar of Texas (School, Consumer and Administrative Law Sections), the Denton County Bar Association, Texas Association of School Boards Council of School Attorneys, and The National Organization on Legal Problems ofEducation (N OLPE). He practi,:es in the areas of school law, administrative law, civil litigation, real estate, commercial and consumer collections. KEY PROFE 'SIO AL STAKE MARIE CHAVEZisap ;Alegal.Ms.ChavezattaadedGeorgetownUniversity,majoringinEnglish and court reporting. Ms. Chavez graduated from VTI Institute for Paralegal Studies in 1986, Before ' this she was a certified court reporter working on federal contracts involving agencies such as the Equal Employment Opportunity C.ommission, Snurity and Exchange Commissioh, Interstate Commerce Commission, and the National Labor Relations Board. Ms. Chavez joined the firm in 1987. Ms. Chavez is presently a member of the Greater Denton Legal Assistants Association and i State Bar of Texas Legal Assistants Division. @ VICKI WARD is a paralegal. Ms. ;Yard graduated from Cooke County College in 1993 with an Associate's Degree in Legal Assisting. M.s. Ward worked for three years as a legal secretary In the Cooke County District Attorney's Office before coming to our firm, BARBIE THAMES is a paralegal. Ms. Thames graduated from Stephen F. Austin University in 1987, and from the Southwest School of Court Reporting with a Paralegal Diploma in 1992, TH ERESA BENTON is a paralegal, Ms. Demon has worked as a legal secretary/legal assistant for the Iasi fifteen years for various attorneys in Cooke and Denton Counties before coming to our firm. R - McCreary, Veseltu, Bragg & Allen In association with Hayes, Coffey k Berry, P.C. ,12 NMI A • IV. CLIENT REFERENCES A. CLIENT REFERENCES OF McCREARY, VESELKA, BRAGG & ALLEN P.C. McCreary, Veselka,Bragg AAllen, AC, has an established delinquent tax collection program in Denton County. We are pleased to provide [he following list of clients and encourage you to contact [hem regarding cur collection services and legal representation. A complete list of our clients is included as Fxhibi[ 13. Denton County City of Pilot Point Ms. Mary HomTax Assessor-Collector Ms. Carolyn Boerner P. 0. Box 1249 City Adnunistra[or Denton, Texas 76201 100 E, Main Street (817)566-7908 Plot Point, Texas 76258 Argyle Independent School District (617)686-2165 Mr. Mickey Koonce Ponder Independent School Dletrict I Superintendent Mr. Emmiett Baker P. 0. Pox 989 Superintendent Argyle, Texas 76226 P. 0. Box 278 (617)464.7241 Ponder, Texas 76259 (817)479.2266 City of Argyle Ms. Sarah Stone Krum Independent School District P. 0. Box 1035 Mr. James Bible Argyle, Texas 76226 Superintendent (817)464.7273 P. O. Box 158 Aubrey Independent School District Krum, Taxes 76249 (617)482-3794 Dr. James Monaco Superintendent Sanger Independent School District 415 Tisdale Ms. Delores Wafts Aubrey, Texas 76227 Tax Assessor-Collector (817)365-2721 P. 0. Box 807 City of Aubrey Sanger, Texas 76266 Ms. Cheryl Field (817)458.7448 City Secretary 107 South Main Street Ms. Rosalie Sanger City of Aubrey, Texas 76227 Ms. salie Garcia Tax Asses sot-Col leclor Pilot Point Independent School District P. 0. Box 578 Ms. Carol Coffee Sanger, Texas 76266 ® Tax Assessor-Collector (817)458.7930 + • 828 South Harrison Pilo; Point, Texas 76258 (817)686.5221 McCreary, Veullu, Bragg & Allen in arsocladon wllk Hayes, Coffey & Berry, P.C. 53 f i The following are client references frorr. outside of Denton County. County of Victoria Tax Appraisal District of Bell County Honorable Helen R. Walker (Bell Co., City of Temple, City of Killeen,City of County Judge Harker Heights, Belton J.S.D., City of Belton, Acad- c/o Room 127 emy LS.D„ Bartlett I.S.D., Holland LS,D., Killeen County Courihouse L&D„ Rogers LS.D., Salado LS,D.,Temple LS.D„ Victoria, Texas 77901 City of Bartlett, City of Holland, City of Morgan's (512)575.4558 Point Resort, City of Nolanville,City of Rogers, Comanche Hills Utility District, Donohoe Creek Dis- Harrison Central Appraisal District trict, Elm Creek Watershed District, Heidenhelmer (Marshall LS.D., Waskom [S.D., Harleton W.CLD., Little River WCLD. N2, Morgan's Point I.S.D., HallsvilleLSD., KarnackLS.D.,C1tyof W.C.I.D., Nolan Creek N6, Nolanville W.C.I.D. 03, Marshall, City of Waskom, Harrison C.E.D.) Temple Junior College, Moody LS.D., Troy LS.D., Mr. David Whitmire Cityof Troy, DarrsCreek Watershed District, Ameri- can Filucattonal Complex, City of Little River, Ciryof Chief Appraiser Saldo, City of Heidenhelmer, Florence LS.D., Bell P. O. Box 818 C.E.D) 308 East Austin Mr. Mike Watson Marshall, Texas 75670 Chief Appraiser (903)935-1991 P.O. Box 390 Waco Independent School District Belton, Texas 76513 Mr. Thomas E. Kelly (817)939.5841 f Assistant Superintendent for Finance i Waco Administration Building Central Appraisal District of Taylor Co. I Oth Floor (Taylor Co, AferkelLS.D, WylleLS.D.,Abllenat&D, 501 Franklin Avenue Jim Ned LS.D., Trent LSD., City of Abilene, Eula Waco, Texas 76701 L.S.D., TaylorCE,D„ Tuscola Taylor CountyFresh (817)752-8341 Water District, West Central Texas Municipal Water Disirlrt, Valley Creek W.C.D., Elm Creek W.CD., Midland Central Appraisal Dsitrlet City rfBuffaloGap,City oflrrrpact, City of Lawn, City (MidlandLS.D.,CityofMidland,MidlandCo. of Merkel, City o ?'rent, CIO, of Tuscola) Hospital District, Midland Co. Junior College District and Midland/Andrews CountyF.duca- Mr, Richard Petree lion District} Chief Appraiser P.O. Box 1800 • Mr. Ronald Stegall Abilene, Texas 79604 Chief Appraiser (915)676.9381 P. O. Box 908002 Midland, TX 79708-8002 Longview Independent School District (915)699-4991 Dr, R. L. McMichael Superintendent P. Box 3268 Longview, Texas 75606 (903)753.0206 - McCreary, Veselks, Bragg & Allen - in assocladnn with Hayes, Coffey & Berry, P.C. I 54 i , . is • rr B. CLIENT REFERENCES OF HAYES, COFFEY & BERRY, P.C. Hayes, Coffey A Berry, P.C. has an estabhi -hrd record as local counsel for various Denton County governmental Agencies. We encourage you to contact them regarding our services and legal representation. Denton Independent School District City of Pilot Point Dr. Albert Thomas Ms. Carolyn Boomer Superintendent P. O. Box 457 1307 N. Locust Pilot Point, Texas 76358 Denton, Texas 76241 (817)686.2165 (817)387-6151 Town of Hickory Creek City of Argyle Ms. Elizabeth Penny Mayor Jenkins P. O, Box 453 506 N. Highway 377 Hickory Creek, Texas 75065 Argyle, Texas 76226 (817)636-2165 (817)464.7273 MHMR of Denton County Sanger Independent School District Ms. Cindy Sill Mr. Mike Rosenberg Administrator Superintendent 515 S. Locust P. O. Box 188 Denton, Texas 76201 Sanger,Texas 76266 (817)565.1606 (817)458-7438 Town of Ponder City of Aubrey Mayor Fitch Mayor King P. O. Box 297 107 S. Main Ponder, Texas 76259 Aubrey, Texas 76227 (817)470.2396 (817)365.9344 City of Oak Point Mayor Harold Bowden 0 P. O. Box 818 Oak Poinl, Texas 75068 (214)294-2312 d r• McCreary, Yeseiks, Bragg & Allen _ !n avorlarlon with Hayes, Coffey & Berry, AC. 55 I 4 ~i1jf Y ,e iPf)~u1J5r~,t. 1~~ • • V. RELATED ISSUES ' A. COMPENSATION OF THE LAW FIRM ATTORNEY'S FEES McCreary, Veselka, Bragg &,411en proposes a fee of fifteen percent (15%) of the delinquent property 1 taxes, penalties and interest collected during the term of the contract. The fee would be paid to the Firm on a monthly basis and would be indirect relationship to the quality of our performance. Each subsequent year of delinquent property tax would enter into the terms of the contract on July 1, All costs incurred for data processing activities, taxpayer notification, postage, address research and legal assistance will be paid by the Firm, The Property Tax Code, Section 33.07, provides for an additional penally of fifteen percent (15%) which may be added to the amount of taxes, penalties and interest due if the client contracts with a private law firm and gives proper notice to taxpayersduringlhemonth ofMayeaciryear. Thisstatute allows the client to collect the additional penalty which will offset fees paid for delinquent tax collection. Section 33,48 of the Property Tax Code provides for fifteen percent (15%) attorney fees on all delinquent tax years which are placed in litigation. Therefore, as a result of Sections 33.07 and 33.48 of the Property Tax Code, the fees earned by the Firm will be paid by the delinquent property owners. All fees earned shalt be paid to the Firm by check each month. The Firm will begin collecting current year personal property tax accounts on March lsl of the year they become delinquent. However, the City shall not owe the Firm a fee for the current year personal property taxes collected between March Ist and June 30th unless the Firm files a lawsuit on the account and collects attorneys fee pursuant to Section 33.48 of the Property Tax Code. ' PERFORMANCE GOAL The City has set a performance goal of collecting an amount equal lost least sixty percent (60%) of • the base tax for the current lax year during the first year of delinquency. We have met this goal in the past and we will continue to achieve the, goal in future years. The penally for failure to meet this goal is $7,500.00, as stated in the contra We will meet with, iie City staff at the beginning of each fiscal year and establish collection ge-,ls. A proposed contract is included as Exhibit 14, This contract provides that tir; City may terminate b the con(ract. )n the event the City were to become dissatisfied with the Firm's performance, the City A 1 could exercise its right to terminate thee(, ;•-tct. At the end of [he contract all lax files will be turned over to the City Attorney, McCreary, Veselks, Bragg & Allen In assoclarron with Hayes, Coffey & Berry, P•C, 56 • b • • I I SUPPORT SERVICES AND REIMBURSEMENT i 1A The City currently allows the Firm to use it computer terminal and provides a working area for use by Firm employees. The City also provides the Firm with computer discs and tax file access upon request by the Firm. The Firm reimburses the City for use of the working area, its computer terminal, computer discs, and tax file access in the amount of Seven Hundred Fifty ($750,00) dollars each month. The Firm proposed that this reimbursement and support services by continued. B. PUBLIC RELATIONS An important facet of a comprehensive tax collection program is community awareness. An informed public rallies behind a credible and responsive tax program. The Firm provides press releases to the local news media, detailing the initiation of collection activities such as summary seizures of persona: property, mass mailings of delinquent tax notices, r the filing of delinquent tax suits, and public auctions of real prop^rty. All of our press releases are it approved by client staff members prior to transmittal to the news media. Appropriate and well- managed press coverage greatly enhances collection efforts. In addition, we are available to speak before professional, civic and social groups to explain the goals of the delinquent tax collection program, Hayes, Coffey A Berry, AC, is generally acknowledged as being one of the most actively involved group of professionals in the Denton community, having members active in such service organiza- t ions as Rotary(Byron Berry is President-Elect), Kiwan is and Lions, as well as special service groups, such as the Denton County Blue Ribbon Club, Denton Boys and Girls Football, Basketball and Baseball Programs and Juvenile Lawyer for a Day Program. HCB has directors on the boards of North Texas Savings and Loan Association, Denton Rotary Club, Denton YMCA, Vision For Denton-The 21 st Century, Denton County Bar Association, Lake Forest Good Samaritan Advisory f Board, and Denton Chamber ofcommerce, with Richard Hayes being the immediatepast Chairman A elect of the Board of Directors. Pro bono services are performed for such charitable organizations as the West Texas Legal Services, Ann's Haven Hospice, Birthright of Denton and AIDSDenton. C. ll1' ATIRVENTIONS The Firm intervenes in all suits for property taxes filed by any other taxing unit. Copies of all suits filed by McCreary, Veselka, Bragg & Allen will be forwarded to the attorneys representing other • taxing units in order that they may intervene in our suit and avoid the initiation of another suit on • • the same defendant by the other taxing unit. - McCreary, Veselka, Bragg & Allen In assoclarlan Oh Hayes, Coffey & Berry, P.C. 57 0 r daft HaZZ McCreary, Veselka, Bragg & Allen represerts the County of Denton and the City of Denton, It is ourpolicy to include a[: taxes di alljurisdictions thatare represented by the Firm in a single suit. This avoids the initiation of multiple suits against the same taxpayer that can result when congruent jurisdictions are represented by different firms. It also streamlines court procedures and reduces court costs, eliminating the intervention fees charged by tht District Clerk. D. DISPOSITION OF EXISTING LITIGATION McCreary, Veselka, Bragg & Allen assumed the responsibility for all pending delinquent tax litigation involving the City of Denton in 1993. All active suits where the City is the Plaintiff have been filed by our firm. We will continue to prosecute those suits to conclusion as well as rile new + Fuits. E. REPRESENTATION IN ALL PROPERTY TAX MATTERS McCreary, Veselka, Bragg & Allen provides legal guidance, opinions and representation on property tax matters to our clients at no additional charge, Our legal counsel on the calculation and publication of the effective tax rate and the potential and consequences of tax rollback elections is valuable during t the budget planning process. I The Firm monitors the opinions of the Attorney General, the rules and regulations of the Property ` Tax Division of the Comptroller of Public Accounts and tax related proposals when the Legislature is in session. We publish a newsletter for our clients each quarter called View Point, A copy Is included as Exhibit 11. Additionally, as current issues arise, we provide bulletins on sioricant court decisions, opinions, rulings and legislation involving property taxation to our clients. An exampleof a recent opinion letter forthe City of Denton regarding the resale of property acquired • at a S%eiff sale is included as Exhibit 12. r - McCreary, Veselka, Bragg & Allen In association with Hayes, Coffey & Berry, P.C. 58 t r, i' ze i • r F. EQUAL EMPLOYMENT OPPORTUNITY McCreary, Veselka, Bragg & Allen, P.C. (MVBA) is an Equal Opportunity Employer and complies with EEO(. guidelines, Applicants for position are considered based on their qualifications for the position applied without regard to race, color, religion, creed, gender, national origin, age, marital or veteran status, disability or any other criteria prohibited by law. The ethnic make up and sex of our staff is as follows: AfrkaY- Anglo Hlspouie AMteriean - `Ceader, Attoraeytt 8 0 • Female o•Male Professional Staff (Legd Ann nto 30 1 to - Female and Managers) 13. Me]* Support Staff 36 6 2 3e • Female 6 • Male Denton Offlce 4 1 s • Female 0•Mak Hayes, Coffey & Berry, AC., is an Equal Opportunity employer and complies with EEOC guidelines. Applicants for employment are considered without regard to race, color, religion, sex, ' national origin, age marital or veteran status, the presentees ofa non-job-related medical condition or handicap, or any other legally protected status. The ethnic makeup and sex of our staff is as follows, seven attorneys, six male Anglo, one female Anglo, nine suppr%ri staff, eight female, one male, one Hispanic, one American Indian and one senior citizen, O I - - McCreary, Veselks, Bragg & Allen In ossod4don with Hayes, Coffey & Berry, P.C. r 59 • • ~f, r' I ~h, r. ,~I +tY Ut E,lj~~S },`-1 • r. Q • G. FINANCIAL STRENGTH McCreary, Veselka, Bragg & Allen, P.C. has been inexistence since 1960. With over 350 clients, the Firm has the financial strength to commit the resources required to administer an effective delinquent tax collection program. You may contact the following bank officers for theircomments on our financial strength: Mr. Keith Griffith Mr. Mike Litterest Senior Vice President Vice President Bank One First State Bank P.O. Box 9789 P.O. Box 3550 Austin, Texas 78766 Austin, Texas 78764 + 512467.5733 512495.1000 f . 1 i I McCresry, Veselko, Nrogg & Allen In assocledon with Noyes, Coffey & Berry, P.C. 60 i 'Mai F0 e _ r VI. EXHIBITS r r r McCreary, Veaelka, Brae & Allen { In assocladon wRA Hayes, Coffey. Berry, P.C. i 61 r ...r.......,.~.~..w...rw... ~ w...:.rw" -,•:r.'a ~ltw.... R ~ ~ ~~~W` 9 4D • r V EXHIBIT 1 ^ DETAIL LETTER MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW AUnW.. U% TdrS34W August 3, 1994 Nip (f' RE: City of Denton 061 2082 000260 S 115,07 j fill .r.rrt,,,i,ur,11„1 ri,1r,rr00~.r YOUNG, CHARLES 825 DEsNTON ST PENTON TX 76201-2861 1 NOTICE OF DELINQUENT PROPERTY TAXES Dear Taxpayer; This law firm has been retained to collect delinquent property taxes due to City of Denton, The tax records show delinquent taxes on property assessed in your name, as follows: ACCOUNT P: YEAR(S) DUE: 02147000000 92-93 ' PROPERTY DESCRIPTION: TOTAL DUE; $637.23 DANIEL, BLOCK B, LOT 27, IF PAID DURING August, 1994 27/480///BEAUMONT SUR AB 31 If you believe that these taxes are paid, please forward your cancelled checks or tax rempts evidencing payment to our Denton Office, 207 W. Hickory, Suite 101, Denton, Texas 76201, so the records may be verified. [F YOU lYAV .PAID TH SF T~vge cry~+p nn , THIR tvnTrr I .LEAS DLRP-AIR This notice is being delivered to all accounts on the delinquent tax roll regardless of legal proceedings which may be pending or other notices which you may have received. If you wish to discuss this delinquency with a representative from this office, please contact our office in Denton at (817) 387-7475. Payment must be made to City of Denton and sent directly to Tax Assessor-Collector, Tax Department, 215 E, McKinney St., Denton, Texas 76201-4299 (817) 566-8318 . • RETURN THIS LETTER TO THE TAX OFFICE WITH 'FOUR PAYMENT TO INSURE PROPER CREDIT. Very truly yours, • Ja Mc nary + r . • • or • EXHIBIT 2 - DEMAND L TTER MCCREARY, VESELKA, BRAGG & LLEN, P.C. ATTORNVS~ PT LAM' 6o. AUSTIN, TEXAS 787SS•09" May 12, 1995 MULE John Smith 3413 Sunnydale Denton, Texas 76201-8407 NOTICE OF INTENT TO F[ IT Re: Delinquent taxes due on property described as LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS, Account Number 03130200000, assessed in the name of SMITH, JOHN Dear Mr. Smith; This office represents the taxi n8 jurisdiction mentioned below for the collection of delinquent taxes. A recent investigation reveals the following taxes are due if paid during the month of May, 1995: 1992-1994 $1,284.48 City of Denton, a municipal corporation Payment must be made directly to the City of Denton Tax Office at the address given below. If you have any questions, please contact our office in Austin. Unless payment is made within fourteen days, suit will be filed against you to collect these taxes and/or foreclose on your property. A delinquent tax suit incurs court costs and abstract fees for which you will be personally liable. JUDGMENT' AGAINST YOU WILL, BE ABSTRACTED IN THE COUNTY OF YOUR RESIDENCE, Additional notice has been sent, where appli:able, to any institution or individual holding a recorded lien on [his property. Sincerely, y rag g 13 GTB/SLB cc: Tax Asses sor•Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas • 76201-4299 ;.f1. NMlFQ__ ,,,1,"r'~+i ta r. f+ffa /111. f r+y~7,~µ Np 1~~y/y ~w1r~FM. ott fAX41j11N-IM 's's I~iF M)1 '91 µ}f'1' MR 106 ~Y/1~ * " ORk 0 V0 I V4 • • 'fh lit`. fr nti t~J}I x~`fvkN` I''',~',. 'It>ri~;d;~j • r EXHIBIT 3 - W OWNER L TIER MCCREARY, VESELKA, BRAGG & PLLI.EN, P.C. ATTORNEYS AT LAZY P.O. "Px 26M AUSTIN, TENAS M!I5.0W May 12, 1995 Mr. John Smith 3413 Sunnydale Denton, Texas 76201-8407 Re: Delinnqquent taxes due on pproperty described as LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TRAS, Account Number 03130200000, assessed in the name of SMITH, JOHN Dear Mr. Smith: This office represents the taxing jurisdiction mentioned below in the collection of delinquent taxes and a recent check of the tax records reveals you to be the new owner of the above described property. Delinquent takes are due as follows, if paid during the month of May, 1995: 1992-1994 $1,284,48 City of Denton, a municip,d corporation f Property taxes are a lien against the property, Under Texr,s law the current owner is responsible for the payment of the delinquent lazes to protect his interest in 'Ihe property. The property description, years due and the amount due, if paid during the month of Msy, 1995, are shovm for your Information. Your payment should be made directly to the City of Denton Tax Office at the address given below. Due to the fact that previous notices of this delinquency may not have reached you, no further action will be taken by this office provided payment is made within fourteen days. If you have any questions, please contact our offic,s in Austin. Sincerely YY ll T BrGTB/SLB cc: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas 76201-4299 r~ l ~/0. Isms 4. 1r~nN/.~M:p«. .saet.~f~} ~N r WWI" i~Y 1>•:d a!+i ii~ ....w1iNkkWY y~1}{y~.,1.- -•-~lQ/ 1i%t°)F-.. M IAM{{IIII MIOt /ttl K ~/7 f lfl1"a"I 1 I:tIMfV MOVE ' 1olkic' Sit I, N l11 _,n.r..a~..-~..ww.yM.- r r ~MJi _ `.'..-°"'MYi J4R0.... . _ ~ ~5 . ate ~i _ , ~S' r S , i ~~}IP~~{~♦}~~a¢(~, ~u6i a► • EXHI IT 4 - IJENHOLDER I ETTER MCCREARY, VESELKA, YJRACC & ALLEN, P.C. ATTORNEYS AT LAW 1`101 nox 26M AUSTIN, TEXAS MSS-OW May 12, 1995 PIE Sank One, Lienholder (In Rem Only) 1200 University Drive Denton, Texas 76201-2153 Re: Property Description: LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS, Account Number 03130200000, assessed in the name of SMITH, JOHN Dear Sir: The above described property is to be processed for foreclosure sale for delinquent taxes due the taxing jurisdiction mentioned below. The amount if paid during the month of May, 1995, is as follows: 1992-1994 $1,284,48 City of Denton, a municipal corporation During my investigation of the property and records, I have discovered that you hold a recorded lien on this property. It will be necessary, therefore, that you be included as a party to the foreclosure suit. If the lien has been released or transferred to another par, please advise us accordingly, in order that you will not be included in the suit. Unless we have been ay, ised within 14 days that the lien has been released or transferred, suit will be Prepared on this property for the foreclosure of delinquent taxes and you will be named as a defendant, 7 he tLx lien is a superior lien and our foreclosure action will extinguish your lien on the property, Additional notice of these delinquent taxes has been sent to the property owner, if you desire further information or have any questions, please contact our office in Austin. Your immediate attention in this matter will be appreciated, Sinccrely, II 1`f T. ©1`a 8g t OTB/SLB cc: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas 76201-4299 • 1 e ' 3al4Mr1'___. _.Il ~w1,1}~.)~ 417~~,~y1~w. Nq Sit T~~.. M1 F x'H~.?`161 Mt01 I MI 1►I MHii ' Y1 t 1~71{I' Mw13~1 A. MYN ~~tI .*000i. ..1`w.., . ' +..w..'-M1•~::1 sy:w,•. _ 1 ° , r ,i } , 1,c} 0 v l1` s v , 9 "1.. ~1 i i'. • .1`1 ,°,rJi111J1 ,pti.411,1~v 1, ,r;~plaf'1~ av~~~4~ i~Y. t5 • • EXHIBIT 5 - DEFAULTED PAYOUT LETTER MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW P.O. sox 26M AINFIN, Texas M".0" May 12, 1995 n rfi L E Mr, John Smith [UJjn} `L 3413 Sunnydale Denton, Texas 76201.8407 NOTICE OF CANCELLATION OF PAYOUT AGR.EEMEN r & NOTICE OF INTENT TO FILE SUIT Rc, Delinquent taxes due on property described as LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS, Account Number 03130200000, assessed in the name of SMITH, JOHN Dear Mr. Smith: This letter is being sent because you have defaulted on your payout agreement with the Tax Office, The above described properties are to be processed for foreclosure sale for delinquent taxes due the taxing jurisdiction mentioned below. The total amount due, if paid during the month of May, 1995, is as follows: 1992-1994 $1,284.48 City of Denton, a municipal corporation Your remittance should be made directly to the City of Denton Tax Office. Unless the delinquent taxes are paid within fourteen days, we will file suit to foreclose on your property. A foreclosure suit incurs court costs for which you will be personally liable, I. Additional notice has been sent, where applicable, to any institution or individual holding a recorded lien on this property. If you have any questions, please contact our office in Austin. Sincerely, ~y 01 ~~vN Bragg GTB/SLB cc: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas 76201-4299 rhrak.. _.rqp.. . IIf1 Yn~~w1~11.1« 3rye~ayl~r. R, ,a~"7*-~11~- -,t~~11~q •~Y;+ _.~}f I.tk'M1 11 1 Y»' 11, N11')IM1111 IMI y IIA 1~ 17f i1' 1„k1171 Iflil /A1<N1 r I r.•rn,w.~r~. .n.~.:_.,.-. ~:rMM'YW`I'.LfiYY1)YTa-.Y,F`.... • • _ f ,i'Il till rJ~ ~ ~~~~t~l! ~b~j~~~~~~~yt~~6 ~y~~3~"`y~j.'~1 ~o l, ,t F 9. 1 • • I EXHIBIT 6 FIVE YEAR NOTIFICATION LETTER MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW P.O. BOX 36990 AUST1N, TEXAS 717SS-DM January 18, 1995 s RE: City of Denton *95* 06 i 2020 001960 S 00042b MANUEL, CELIA R 950 S FLOWERS INGLEWOOD CA 90301 ' NOTICE OF DELINQUENT PROPERTY TAXE `n Dear Taxpayer: This law firm has been retained to collect delinquent property taxes due to City or Denton. The tax records show delinquent taxes on property assessed in your name, as follows: ACCOUNT N: YEAR(S) DUE: 02957300000 85.93 PROPERTY DESCRIPTION: TOTAL DUE: $707.25 SOLOMON HILL I, BLOCK 2, LOT 2, IF PAID DURING January, 1995 9/160///CISCO AB 1184 If you believe that thesL, taxes are paid, you must forward your cancellea checks or tax receipts evidencing payment to our Denton Office, P.O. Box 1277, Denton, Texas 76202, so the records may be verified. IF YOU HAVE PAID 2HESE TAXES SINCE DECEMBER 310 1994, PLEASE DISREGARD THIS NOTICE. ' This notice is being delivered to all accounts on the delinquent tax roll in compliance with the Texas Property Tax Code, Section 33.04(b). This law requires delivery of a notice of delinquency regardless of legal proceedings, abatements, installment payments, deferrals or any other impediment to the collection process. If you wish to discuss this delinquency with a representative from this office or set up a payout arrangement, please contact our office in Denton at (817) 387.7475. If this property is under the jurisdiction of the U,S. Bankruptcy Court, legal action will be confined to the appropriate Bankruptcy Court proceedings, Payment must be made to City of Denton and sent dir=ely to Tax Assessor-Collector, Tax Department, 215 F. McKinney St., Denton, Texas 76201.4299 (817) 566-8318, RE'T'URN THIS LETTER TO THE TAX OFFICE WITH YOUR PAYMENT TO INSURE PROPER CREDIT. ' ® Very truly yours, • ra C Ja Mc Teary 1 I is 0 • esa j EXHIBIT 7-a n PETITION No. _ Cl'I'Y OF DEN'fON ET AL VS, JOHN S',vl[TH IN THE DISTRICT COURT OF DENTON COUNTY, 'T'EXAS TO THE HONORABLE JUDGE OF SAID COURT: i Now comes City of Denton, a municipal corporation, which brings this action for itself and for the use and benefit of all political subdivisions for which it collects property taxes, hereinafter called Plaintiff, and for cause of action Plaintiff would show the Court the following: f. Defendants are: John Smith, 3413 Sunnydale, Denton, Denton County, Texas 76201-8407; Bank One, Lienholder (In Rem Only), a Texas banking corporation, upon whom service may be had by delivering a citation t., its President or any Vice-President, 1200 University Drive, Denton, Denton County, 'T'exas 76201-2153, who own or claim some interest in the hereinafter described property, which is situated in Denton County. The Denton Independent School District is Potential Intervening Taxing Unit, and is made party hereto in order that it may assert any claim for delinquent taxes which it may have against the iiere after described property. it. All above named defendants own or have an interest in the property shown on attached Schedule A. Ili, That as to each tract separately assessed there are delinquent taxes and accrued statutory penalties and interest justly due, owing and unpaid against the property described, for the )oars and in the amounts as shown on attached Schedule A, which is incorporated herein by reference and made part of the allegations of this Petition. j IV. Tlrat all said taxes were authorized by law and each political subdivision :n whose behalf this suit is ' brought was legally constituted and authorized to levy, assess and collect the same and all of said taxes were duly and legally levied and assessed against said property and the owners thereof (if known), and Plaintiff now has and asserts a lien on each tract of real property described and mentioned in Schedule A to secure the payment of all delinquent taxes, accrued statutory penalties and interest, and fifteen percent attorney's fees and costs due thereon; and all things required by law to be done have been duly and legally performed by the proper officials. r r w EXHIBIT 7-b E s V. ~Q~pLL On January I of each of the years for which taxes are shown on Schedule A to be due, each item of property listed and described therein was situated within the boundaries of the Plaintiff and liable for and subject to taxation by Plaintiff by virtue of the laws of the State of Texas, Each item or parcel of such property was, for taxation, duly and legally rendered by anti assessed against the persons, firms, or / corporations, respectively, for ea-.Li delinquent year, which persons, firms or corporations were on the lst 1 day of January of such year the 11-v Ni owners of such property, and in the alternative, Plaintiff says that if the property was not rendered by the Defendants, that the said property was assessed for taxation by the Assessor and Collector of taxes as is required by the Statutes of the Stale of Texas. Vl. The attorney whose name is signed hereto is legally authorized and empowered to institute and prosecute this action on behalf of the Plaintiff, Plaintiff is authorized by law to recover fifteen percent of all delinquent taxes and accrued statutory penalties and interest as attorney's fees, Vll. Plaintiff has incurred certain expenses in procuring data and information as to the name, identity, and location of necessary parties and in procuring necessary legal descriptions of the property, which expenses are reasonable, and are shown on Schedule A as Abstractor's Cost, for which Plaintiff prays for judgment as costs of court. VlI1, E WHEREFORE, Plaintiff prays hor judgment for foreclosure of the tax lien against the property J described on attached Schedule A securing the payment of the delinquent property taxes set out on attached Schedule A, together with all accrued statutory penalties, interest, attorney's fees and costs and subsequent year taxes or expenses that are, or will become, legally due and owing under the provisions of Sections 33.42, 33,48, 33.01 and 33.07 of the Property Tax Code, Plaintiff also prays for personal judgment against said defendants who had an ownership Interest In the property described on attached Schedule A on January Is[ of the applicable years shown on Schedule A for the total amount of delinquent property taxes, penalties, interest, attorney's fees and costs of suit together with interest thereon from the date of judgment at the highest rate allowed by law, Plaintiff prays for other such relief both general and special, either at law or in equity, to which Plaintiff may show itself entitled. t Notwithstanding any language contained herein to the contrny, Plaintiff further prays that personal judgment shall not he imposed against any parties designated in rem. McCREARY, VESELKA, BRAt3O & ALLEN, P.C, and HAYES, COFFEY & BERRY, P,C. Attorneys for Plaintiff P.O. Box 26490 Austin, Texas 78755 • 512-451-9000 I ,5T. NY Gilberragg Stare Bar #02857500 , • • f i r i EXHIBIT 7-c Ji~ SCHEDULE A DELINQUENT TAXES DUE City of Denton, a municipal corporation ACCOUNT NUMBERi 03130200000 ' PROPERTY DESCRIPTION, LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS being that pL,operty more particularly described in VOLUME 246, PAGE 1345 OF THE DEED RECORDS, DENTON COUNTY, TEXAS ASSESSED NAME, SMITH, JOHN SD NUMBERt 9526MUCE YEAR BASE TAX PENALTY 6 SEC. 33.07 ATTORNEY ABSTRACT TOTAL DUE INTEREST PENALTY FEES FEES 5/95 . 1992 199.91 79.96 41.98 100.00 421.85 1991 409.14 114.56 78.56 602.26 1994 318.91 41.46 54.06 414.43 - 927.96 235.98 120.54 54.06 100.00 1,439.54 M • R • # # ■ AMOUNT DUE ■ City of Denton, a municipal corporation ii BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT AMOUNT INTEREST PENALTY FEES FEES DUE 927.96 235.98 120.54 54.06 100.00 1,435.54 5/95 r 1,452.87 6/95 R R • M # R TOTAL AMOUNT DUE IN SUIT BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL, INTEREST PENALTY FEES FEES DUE 927.96 235.96 120.54 54.06 100.00 1,438.54 5/95 1,452.87 6/95 THE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF THE COUNTY WHERE THE SUIT IS FILED. TEXAS LAW MAKES YOU RESPONSIBLE FOR PAYMENT OF THFSE FEES. PLEASE CONTACT THE DISTRICT CLERK FOR THE j AMOUNT DUE. THESE FEES MUST BE PAID BEFORE'rHE SUIT MAY BE DISMISSED, ~ 1 1 +'s % ~a • w • EXHIBIT 7-d CAUSE NO. IN THE DISTRICT COURT OF DENTON COUNTY, TEXAS NO ' CITY OF DENTUN ET AL vs. JOHN SMITH McCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS FOR PLAINTIFF P.O. Box 26990 Austin, Texas 78755 DEFENDANT I'O BE SERVED: John Smith, 3413 Sunnydale, Denton, Denton County, Texas 76201-8407 RETURN OF CITATION BY PERSONAL SERVICE IN A DELINQUEMr TAX S1111 CAME TO HAND on the day of , 19-, at o'clock M., and executed in County, Texas, by delivering to the within named defendant, IN PERSON, a true copy of this citation, at the following time and place, to-wits NAME OF DEFENDANT MONTH DAY YEAR HOUR MIN. AM/PH WHERE SERVED FEE for Service SHERIFF, County, Texas By Deputy s RETURN OF CITATION BY CERTIFIED MAX ■ CAME To HAND on the day of 19_____, at o'clock _M., and executed in County, Texas, by mailing to each of the within named defendants, by certified mail, return receipt requested, a true copy of this citation at the following address on the following dates NAME AND ADDRESS CERTIFIED DATE DATE RETURN • OF DEFENDANT MAIL REC! MAILED RECTO RSCVD CLERK, DISTRICT COURT SHERIFF, County, Texas DENTON COUNTY, TEXAS • By Deputy By _ Deputy • FEE for Service $ _ 1 ..._..........._...«...-..p..__.,..._.,.. .~,..~...,..:raxw e.,r,.-a„--.. _ • 'J , 1 /i. i a • EXHIBIT 7-0 THE STATE OF TEXAS CITATION DELINQUENT TAX SUIT TO: John Smith, 3413 Sunnydale, Denton, Denton County, Texas 76201-8407 Defendant, GREETING: You have been sued. You may employ an attorney, If you or your attorney do not rile a written answer with the clerk who issued this citation by 100 a.m. on the Monday next following the expiration of twenty days after you were served this citation, a default judgment may he taken against you, You must answer the petition of City of Denton, a municipal corporation, Plaintiff, filed in said Court on against John Smith and Hank One, Lienholder (In Rem Only), Defendants and Poteni~aTlntervening Taxing Unit, Denton Independent School District, the nature of which demand is a suit to collect delinquent property taxes on the property described on attached Schedule A, said suit beins numbered on the docket of said Court number The total amount of delinquent I taxes due Plaintiff, exclusive of accrued statutory penalties and interest, costs, and attorney's fees is the sum of $927.96, said property being more particularly described as shown on attached Schedule A. The defendant to whom this citation is directed has a legal interest in the following property included in said suit: ALL, and the total amount sued for on such property is as shown on attached Schedule A, and all costs of Court. Plaintiff and all other taxing units who may set u their tax claims herein seek recovery from defendants of delinquent property taxes oil the property described on attached Schedule A, and in addition to the delinquent taxes, all accrued statutory penalties and interest, costs, and attorney's fees allowed by law thereon up to and including the day of judgment herein, and the establishment and foreclobure of tax lions securing the payment of the same as provided by law, However, Plaintiff does rot seek to impose personal liability on defendants designated as lienholders or designated as in rem. All parties to this suit. including Plaintiff, Defendants, and Intervenor, shat! take notice that claims not only for taxes which were delinquent on said property at the time this suit was filed, but all taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all accrued statutory penalties and interest, costs, and attorney's fees allowed by law thereon, may, upon request therefore, be recovered herein without further citation or notice to any parties herein, and all said ppaarties shall lake notice of and plead and answer to all claims and pleadings now on file and which may ft,reafter be filed in this cause by all other parties hereto, and by all of it, ise taxing units above named, who may intervene herein and set u their respective tax claims against said property. The officer executing this return shall promptly serve the same according to the requirements of law and the mandates hereof and make due return as the law directs. Issued and given under my hand and seal of said Court at Denton, Tcxas, this the day of 19-. Clerk of the District Court of Denton County, Texas 1 By -v-'- Deputy Clerk r 0 ' EXHIBIT 7-f I ' SCHEDULE A DELINQUENT TAXES DUE City of Denton, a municipal corporation ACCOUNT NUMBERi 03130200000 PROPERTY DESCRIPTION, LOT 13, BLOCK D, DUNVALLEY ADDITION, DENTON COUNTY, TEXAS being that property more particularly described in VOLUME 246, PAGE 1345 OF THE DEED RECORDS, DENTON COUNTY, TEXAS ASSESSED NAME: SMITH, 701111 ID NUHBERi 9526MUCE YEAR BASE TAX PENALTY S SEC. 33.07 ATTORNEY ABSTRACT TOTAL r DUE INTERES'_ PENALTY FEES FEES 5/95 I 1992 199.91 79.96 41.98 100.00 421.85 1993 409.14 114.56 78.56 602.26 1994 -----31891 41.46 54.06 ------414.43 927.96 235.98 120.54 54.06 100.00 1,438.54 AMOUNT DUE City of Denton, a municipal corporation BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT AMOUNT INTEREST PENALTY FEES FEES DUE 927.96 235.98 120.54 54.06 100.00 1,438.54 5/95 1,452.87 6/95 TOTAL AMOUNT DUE 0 SUIT BASE TAX PENALTY & SEC. 33,07 ATTORNEY ABSTRACT TOTAL TNTEREST PENALTY FEES FEES DUE 927.96 235,98 120.54 54.06 100,00 1,438.54 5/95 1,452.87 6/95 ('HE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF THE COUNTY WHERE THE SUIT IS FILED. TEXAS LAW MAKES YOU RESPONSIBLE FOR PAYMENT OF THESE FEES, PLEASE CONTACT THE. DISTRICT CLERK FOR THE AMOUNT DUE, THESE FEES MUST BE PAID BEFORE THE SUIT MAY BE DISMISSED. • _ w • EXHIBIT 8 - NOTICE OF TRIAL LETTER MCCREARV, VESELKA, BRAGG & ALLEN, P.C, ATTORNEYS AT LAW P.O. BOX ^6990 AUS1'1N, TEXAS 7VSS-6M May 12, 1995 0 ~ ~J t>"s U°~ ll' LziS Mr. John Smith 3413 Sunnydale Denton, Texas 76201.8407 NOTICE OF TRIAL Re: Cause No. #p#N, City of Denton et al vs. John Smith, District Court, Denton County, Texas Property Description: LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS, Account Number 03130200000 Dear Mr. Smith: This letter is to advise you that this case has been set for trial in the District Court of Denton County on July 12, 1995, at 9:00 a.m.. A recent check of the records indicates taxes due as follows if paid during the month of May, 1995: 1992-1994 $1,338.54 City of Denton, a municipal corporation Additional penalty and interest will accrue if these taxes are not paid during May, 1995. Payment must be made directly to the City of Denton Tax Office at the address given below. In addition to the delinquent taxes due, court costs (such as filing fees, sheriff's fees, etc.) due the Clerk of the Court must be paid before the suit may be dismissed. Please contact the Clerk of the District Court for the amount due. Sincerely, FG Ibi~r{ T. ki ragg GTB/SLB cc: Tax Assessor-Collector, City of Denton, Tax Departmeid, 215 E. McKinney St., Denton, Texas 76201-4299 District Clerk, Denton County • 1 I av..n. -~W1i u.=i:iiw ~ Lwwnw w. __7M &w~-" "-;t 1, W _ _~M-Kif•_- ~M r+r ri»t0 inr s wi'v~ n+ ! M fl I itir,.l~leh ~w' p,~♦.,11~ Ilau~ ~~1 ! •111M~11~1 r 1MIIi 7~Hri r~lN~/t~litll I~ I 73N r IML N1 r 7f ! I pV + ~ tY~ • ~ ~ 21 I y:, Irlr ~~A1;I1~~y, ,Zv ~+S+~~f~~l {r r'j~f. li. I a~ • , ton EXHIBIT 9-a Q CAUSE NO. 00 ■ CITY OF DENTON § IN THE DISTRICT COURT PLAINTIFF V. § JUDICIAL DISTRICT JOHN SMITH § ~ k DEFENDANT § DE;NTON COUNTY, TEXAS LSLac-M-L►-T t On May 12, 1991, came on to be heard the above numbered and entitled cause, wherein City of 6 Denton, a municipal corporation is the Plaintiff, and wherein John Smith and Bank One, Lienholder (it, Rem Only), are Defendants. All parties being properly before the Court, and having heard the pleadings, evidence, and argument of counsel, the Court is of the opinion that the Plaintiff have prevailed on all issues and should have judgment in personam and in rem, and for foreclosure of tax liens and for order of sale. IT IS THEREFORE ORDERED, that all properties and party Defendants not specifically named herein are dismissed without prejudice to the rights of the Plaintiff to refiie the same or similar action against those dismissed. IT IS FURTHER ORDERED, that there is due, to Plaintiff in the capacity in which it sues the following amounts of delinquent property taxes and accrued statutory penalties, interest, costs, expenses, and attorney's fees upon the following described property, the market value of which as of the date of trial is found to be as below stated, as set out in Schedu e A immediately following, together with interest at the rate of ten percent (10%) per annum on all of these sums from date until paid, SCIll DULE"A" Delinquent taxes accrued statutory penalties and interest, fifteen percent attorney's fees and cost d!:e for which judgment is herein rendered covering all years delinquent at the date of this judgment. 000.001 ACCOUNT NUN"FR, 03130200000 PROPERTY DESCRI?TION: LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON j COUNTY, TEXAS being that property more particularly described in VOLUME: 246, PAGE 1345 OF THE DEED RECORDS, DENTON COUNTY, TEXAS i ASSESSED NAME: SMITH, JOHN ID NUMBER: 9526MUCE 000 000001001 ;1,338,54 Due to City of Denton, a municipal corporation For Tax Years: 1992-1994 $10338.54 Total Due O $ _ Market Value , • • All of the foregoing property being located in City of Denton, a municipal corporation, Denton i County, Texas, R Title Research Expense: $100.00 • 0 • p A ExH1BIT 9-b IT 1S FURTHER ORDERED, that Plaintiff have personal judgment against Defendant John Smith in the amount of $j Ul,; A, together with all costs of court and sale now or hereafter incurred. In the event one or more of the Defendants shall pay off and discharge all of the amounts herein adjudged to be due against one or more tracts, prior to the holding of the foreclosure sale hereinafter decreed, such Defendant sha!I be liable only for the pro rata part of the accrued costs properly chargeable to such tract or tracts; but the proceeds of any, foreclosure sale in this cause shoil be applied tirst to the payment of all accrued costs of suit and sale, and any residue shall be distributed pro rata to Plaintiff as provided by law, Bank One, Lienhoidcr (In Rem Only) shall incur no personal Lability for the sums set out in this judgment. AND IT IS FURTHER ORDERED, that a statutory tax lien exists on each property, for Cie amount of ' delin,luent property taxes ane, accrued statutory penalties, interest, costs and expenses herein adjudged to be due on each property, which statutory tax lien is a prior and superior lien to all claims, right, title, interest, or liens asserted by any of the parties defendant herein, and that Plaintiff have foreclosure of its lien on each property as against all the Defendants herein or any person claiming under the Defendants by I airy right acquired pending this suit; that an ORDER OF SALE be issued by the Clerk, directed to the Sheriff or any constable of this County, commanding such officer to seize, levy upon and advertise the sale of each property, and to sell the same to the highest bidder for cash, as under Execution, provided ' that the pruperty shall not be sold to a person owning an interest in the property or to any party to the suit other than a taxing unit for less than the market value of the property stated in the judgment or the aggregate amount of the judgments against the property, whichever is less. It is ordered that the net proceeds of any sale of such property made hercunder to any party other than a taxing unit who is a party ' to this suit shall be applied to satisfy the judgments and liens foreclosed herein, but any excess in the proceeds of sale over and above the amount necessary to pay the judgment amount due, defray the costs of suit and We and other expenses chargeable against the property, shall be maintained by the clerk of the court in an interest bearing account in accordance with the provisions of the Property Tax Code; [bat the owner of such property or their heirs, assigns, or legal representatives, may redeem such property in the time and manner prescribed by law; that the officer executing the Order of Sale shall make proper conveyance to the purchaser or purchasers of the property as prescribed by law, subject to such right of rcJemption; and that all other writs of execution and any process necessary for the enforcement of this judgment shall issue. The Sheriff or proper officers shall place the purchaser or purchasers, or their heirs, executors, assigns of minisirators in possession of the property so purchased in accordance with the law of the State of Texas. ~s All relief not specifically granted by this judgment, is hereby denied. SIGNED this the day of , 19- \M\~ `y JUDGE PRESIDING • APPROVED AS TO FORM; Gilbert T. Bragg State Bar Number 02857500 ATTORNEY FOR PLAINTIFF e 4 7 1 J o 40 EXHIBIT 9-c ,q CAUSE NO, t CITY OF DENTON § IN THE DISTR',T COURT § PLAINTIFF § V. § JUDICIAL DISTRICT § JOHN SMITH § DEFENDANT § DENTON COUNTY, TEXAS I NOTICE OF JUDGMENT In accordance with the provisions of the Texas Rules of Civil Procedure, you are hereby notified that a judgment in the above referenced lawsult for the collection of delinquent property taxes was signed on the - day of _ , 1995. JUDGMENT RENDERED FOR: I PLAINTIFF: City of Denton, a municipal corporation AMOUNT: $1,338.54 BALANCE DUE: $1,338.54 COURT COSTS: TITLE RESEARCH EXPENSE: $100.00 TOTAL BALANCE DUEL $ PERSONAL JUDGMENT RENDERED AGAINST: John Smith JUDGMENT RENDERED AGAINST ONLY THE PROPERTY INTEREST OF THE FOLLOWING DEFENDANTS: Bank One, Lienholder (In Rem Only) I Clerk of the above Court Denton County, Texas I By eputy t certify that the hst known mailing addrss of the Defendant or the Defendant's attorney is shown below. Attorney for Plaintiff John Smith 3413 Sunnydale Denton, Denton County, Texas 76201-8407 s ' • l- ~ • EXHBIT 9-d IS 8 JP,~ CAUSE NO. Naha CITY OF DENTON § IN THE DISTRICT COURT PLAINTIFF § V. § § JUDICIAL DISTRICT JOHN SMITH § f DEFENDANT $ DENTON COUNTY, TEXAS NOTICE OF J ID M NT In accordance with the provisions of the Texas Rules of Civil procedure, you are hereby notified Ihal a judgment in the above re.fercnced lawsuit for the collection of delinquent property taxes was signed on the day of , 1995. JUDGMENT RENDERED FOR: PLAINTIFF: City of Denton, a municipal corporation AMOUNT: $1,338.54 BALANCE DUES $1,338.54 COURT COSTS: $ TITLE RESEARCH EXPENSE: $100.00 TOTAL BALANCE DUE: $ PERSONAL JUDGMENT RENDERED AQAINST: John Smith JUDGMENT RENDERED AGAINST ONLY THE PROPERTY INTEREST OF THE FOLLOWING f DEFENDANTS: Bank One, Lienholder (in Rem Only) Clerk of the above Court Denton County, Texas I certify that the last known mailing address of the Defendant or the Defendant's attorney is sowuny below. Attorney for Plaintiff Bank One, Lienholder (in Rem Only) 1200 University Drive Denton, Denton County, Texas 76201-2153 r f . • w • EXHIBIT 9-e ABSTRACT .F JUDGMENT -'1_:EI 1, the undersigned Clerk of the below named COURT, certify that on the DATE OF JUDGMENT € ■ given below, judgment was rendered in this COURT in a cause of the STYLE and NUMBER given f below in favor of the below named PLAINTIFF in the AMOUNT' ascribed below to each, plus COURT t COSTS and TITLE RESEARCH EXPENSE, and against the DEFENDANT(S) below jointly and ■ severally, but not against the OTHER DEFENDANT(S) below which OTHER DEFENDANTS bear no personal liability in that judgment. The AMOUNT of the judgment bears interest at the rate of 10% per annum from the DATE OF JUDGMENT, as specified in the judgment. The BALANCE DUE ascribed to I each PLAINTIFF and the TOTAL BALANCE DUE is still due from the DEFENDANT(S). I COURT: - District Court of Denton County, Texas STYLE: City of Denton V, John Smith I NUMBER: DATE OF JUDGMENTt May 12, 1995 JUDGMENT RENDERED FOR: I PLAINTIFF: City of Denton, a municipal corporation AMOUNT: $1,338.54 BALANCE DUE: $10338.54 COURT COSTS: $ TITLE RESEARCH EXPENSE: $100.00 TOTAL BALANCE DUEL $ DEFENDANT: JOHN SMITH DATE OF BIRTH: not reasonably avallable DRIVERS LICENSE NO, not reasonably available ADDRESS: 3413 Sunnydale, Denton, Denton County, Texas 762018407 OTHER DEFENDANTS: Bank One, Lienholdcr (in Rem Only) RECORDED: VOL. PAGE _ of the records of the COURT. I further certify that the PLAINTIFF above in whose favor judgment was rendered, applied for and received delivery of this abstract of judgment upon du:. payment of the fee allowed by law. ' Given under my hand and official seal this _ day of 19 _ • Clerk of the above Court Plaintiff's Address: y 215 East McKinney, Denton, Texas 7620I-4299 • • • EXHIBIT 10-NOTICE OF INTENT TO SELL PROPERTY LETTER MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS PT LAW OM r ~ AUSTIN, TF%AS 7179 7B11SQ990 (e ~ `I r May 12, 1995 z NOTICE OF INTENT Tn SELL pgQpERTY Mr, John Smith 3413 Sunnydale Denton, Texas 76201-8407 Re: Cause No. Naka, City of Denton el al vs, John Smith, District Court, Denton County, Texas Property Description: LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS, Account Number 03130200000 Dear Mr, Smith: Judgment has been obtained in the District Court for delinquent property taxes due the City of Denton, a municipal corporation. t This Jud&meni has not been paid as of this date, The total amount of taxes, penalty and interest due Is as follows, if paid during May, 1995: 1992.1994 $1,338,54 City of Dentoi, a municipal corporation Unless the taxes, penalties, interest and court costs are paid within fourteen days, the Sheriff will be requested to sell your property for the amounts due, Payment must be made directly to the City of Denton Tax Office at the address given below, If the Court Costs (such as filing fees, sheriff's fees, etc,) have not been paid, the judgment cannot be released. Please contact the Clerk of the District Court for the amount due, Sincerely, ~y i t!ryN N i ! it ,Bragg CTB/SLB cc: Tax Assessor-Collector. City of Denton, Tax Department, 215 E. McKinney SL, Denton, Texas 76201-4299 M"Ili.«ip} , M Vtfl„ rif»i1', I~ TM1 , ?gtff;Y 5a40OW :W!'"'lo4th+!,W~hiVU }iY;u _,v.. w vlx wrsi ~<frH4 vlt:ti rt, EXHIBIT 11 McCREARY, VESELKA, BRAGG & ALLEN, P.C. INSIDE... MCCREARY VESELKA School Finance Plan 1 BRAGG & by: Kirk Swinney j ALLEN, ATTORNEYS AT LAW T _ MVBA Offices 2 ' How to Lose Penalty 3 and Interest VIEWPOINTIN by: Shelburne f. Yeselka Payout Agreements 4 ' by: Gilbert r. Bragg Law Offices of Rep, Horn Seeks to 6 Strengthen Mobile Home Tax Collection Veselka by" f+kSiwnncry' y School Finance Plan Survives & Bragg ' MVBA Calendars 6 Allen P.C. (For Now) z Court Decides Jan. 1 is 7 by Kirk Swinney Assessment Date =x by: Kirk Swinney On January 30, 1995, the Texas Supreme Court issued its long awaited opinion in Edgwood Independent School Distrki el al. v. Reno el al., No, "State Adopts New Rules 7 94.0152 in an opinion that will probably be better known as"EdgewoodlV' for filing Manulaotured } The r rt result is that the current school finance system as enacted by SB 7 in Home Liens"" ; the 1993 Legislature will survive, at least for now, ` five oftheSu remeCourt'snine'ustiwsdecided In alen opinion, that Service Is Our Business 9 p lengthy by: Ray L. Armstrong and the provisions of SO 7 meet the test of constitutionality in the face of multiple Af chael Reed a attacks ftom both property-rich school districts and propcrtypoor school districts. However, the court majority opinod that the system as currently 0 enacted is so minimally acceptable that it could become unconstitutional again upon evidence of shortfalls in state f6nding or fluthcr oscaiation of the costs of providing an acceptable education, no court specifically opined that "OurJudgment in this case shoulcl not be Interpreted as a signal that the school Welcome Aboard to New Clients financo crisis in Texas has ended," The court went on to generally docry the condition of school finance In Texas as follows: Pal&ld I.S.D. Yet sadly, the existence of more than 100 Independent school City of Wortham districts in Texas, each with duplicative administrative bureaucracies, Worsham l,S,f), conbinol with widely varying tax bases and an excessive reliance Bosque county on local property taxes, his resulted in a state of affairs that can only r charitably be called a "system,"Portoo long, the Legislature's response to Its constitutional duty to pmvido for an efficient system h VOLUME 1X SPRJNG91"I 1 Spring 1995 - Viewpoint • 12 _ur ................,~.+,...yr... ......r..rr+:__,_.,.:.:_c ,r..r..ti,.,, i ~y y t7i"5,It fr;^.. ifi15 :C';1'' i i :74.13 .t rP~, s!4)tgfH r. ~ 3r 1 t, 5f: ~ k r , 0 t .:a`.'S7. i.~ .,i i r;e'Sht M;3 R<.r ate i:~'; ,?k., { i 1{. MCCREARY, VESELKA, BRAGG & ALLEN, P.C. - _ e McCREARY, VESELKA, BRAGG & ALLEN, RC, Wall l7imv wnfinwditunMe1) i--~~ T'cxas can and muss do state is responsible for providing for a has been little more thna better. "geaeraldifirslondkrawl Retirements,.. crisis man,%enicni, The ra. Perhaps the most significant "which part the court int rated to mean a quality along (recording plays for four min, ARWAAAACKK.i tionalily behind such a of the opinion is a clearly stated level of education for each student utes,36soconds),lfyounowrocognize 3welt!"dents complex and unwieldy sys• position from the supreme Court, accordinglostatestandards. no court that your Iifeslauldn't bewasted wor. I'm a pretty bov! Mr. krry N. Dohchy tem is not obvious. We for the first time, that the state noted that the state had determined' rymg about silly things like tax ThomdaleIS.D.12.1-94 concludethal the system be- constitution's mandate for an that providing for access to such a appraisals, press four, • a' Robert minimally acceptable "efficient" system of education quality education currently costs ap- 61 only when viewed through does not Robert W, Caster necessarily mean abso• proximately $3,000 to $3,400 per If you still think that the appraised Thankyou. Ifyou would like a sym- Palestine ]S.D. 7.95 the prism of history, Surely lutoly elual funding for all school student. The court m 'ority found no valueofyourpropertyistnohigh, ~ press pathetic response from TalkingMailbu districts. The court found that the constitutional impediment toallowing five. Barbie, please press nine-two-two, Mr. Wayne Martin property-wealthy school districts to, Atbrns [,S.D.7.95 furthersupplemcntthal alucationwith 5 If you would to speak to an ap-Mr, MVBA OFFICES thcirrelativelygreatertaxbasestrengths praiser, press nine-lhrec-three. Cnnzsloonrnrui ds McK through local enrichment, i ' Thanlr you. Boy, if anybody here at I.S.D. 7-95 7-95 Abilene 1534 S. Troadaway 915/ 672.4670 In another notable part of the opin- the McCreary County Appraisal Dis• 9-3-3 Suite B 915/ 676.7877 FAX ion, the Supremc Court dissolved the trict had a property worth $561,500, Mr, Jimmy H auk Abilene Suite Texas 79802 September 1, 1995 injunction dead- 1 youwouldn'iMduscomplainingabout Thankyou,Inordertobeconncctod Buckholtsd,S.D.7.95 Denton linewhich thetrial counhaciput on the it,But,ifyouarcupset,wewanttohelp to our appraisal department, use your 300 E. McKinney 817/ 387.7475 state for arriving ate Ian for ualiz- you, if you would like a r Suite 6 817/ 380.1311 FAX p e4 i ' "pathetic dial pad to answer today s trivia ques• 71U Oboe ~ Denton, Texas 78201 ing facilities in the proierty•poor response loyourproblem,presseight- tion. What is atomic weight of the school districts. The Supreme Court eight, element selenium? Mrs. Skeet Nabours HoneQ!)7ce 5929BalconesDrive 5111451.4000 found that insufficient evidence had MilamComfy 2.1.93 Suite 200 been submitted al the trial court to g g q.g-g 6 , Texan 7873! prove that the property-poor districts Mrs Josephine F)Dyd P.O. Box 26990 8011369.MM were in need r, such facility equalize- Thank you. You have been con. Corigratulationsl Wedidn'tthinkyon Grimes County I - 1-9 5 Auerln, Texos7875s•o49o lion. However, the covet warned that noctodtoournainedmyna bird, Uncle would knowthat.Youshouldgetalife. after 42yemofsevice I n, exas78755.0 presentation of the appropriate evi- Foster, who is deeply sympathetic to Please hold while your call is trans- dence tation n that school districts your troubles. Longview 140EaetT der fetral(recondingofJernyRoedsinging dersonBetty Co nt - y 903/ 767.5767 with low rog Suite 280 903! 763.7374 FAX P P°TtY wealth need such Whex You're Hot, J'ou'reHoifortwo Ila xiason County 1I.95 Longview, Texas 76601 facility equalization, ould easily result UNCLE FESTER: Tell me Your minutes, 55 seconds), in a ruling that the system Is unconsti-' burbles. 58n Angelo 17 South Chadbourne 9161657 tutional. As always, our ojJke is open to your .0198 Welcome to the McCreary County questions amdlor suggestions. We wei- r ShIte306 916/668.0421 FAX 7hemqjonty fiuthernotedthatifthe Thai'simiblel Appraisal District's appraisal d come your comments, ropleasejeelJtee San Angelo,Texas 76903 cost of providing operations and tojorwardtheadrear; to Our ress: ewsksterttaJjwt at meet. thrropcrator is presendy busy t~ejOllowlag ad Victoria 100 North Ma In facilities rises to the point that a Mt 's lerriblel honewalchingtheo. J. Simpson trial. Victoria, Texas 79902 6121573.9888 district cannot meet the burden of 6121578.0477 r'AX Please call again when it is over, McCreary, Veselkw, Bragg A Allen Waco providing forsucha"general diffusion Theydldwhai? P.O. Box 26M One Liberty place 817/ 766-7755 of knowledge" that the stale would Ifyou think he Is guilty, press Austin, Taws 787S$-MN 100 North 8th Street 817/ 756-0333 FAX have then failed in providing an "cli' ARWAAACKI or- ~ Suite 704 Waco, Texas 76701 cient" school system. "From the The 6dGortiSbelbunre✓ Vadkw evidence," the court noted "it appears' You don Y sgvl end. CoAssocontin6dlAor,Cuale POHor mmmmmmmmmrj that this point is near," mowPlralbyParn Thai's tetrlblel McCreary, Yeselka Bragg A Apes, AC, Spring 1995 - Vi ' ~ i cwPoint • 2 Spring 1995 - VlewPoint - 11 . .-...«w.-tree.. , - .r. rw.rwSrilWM,•S.ra-r+...•.__._. e / r r ,..U r T :~itl~ ii ~ r ?'Ft l.,; A~y`fci"I'r~ 1 T sK~:,.., iY l7T IL~N14, t a r.. _ _ '17,: t,r • W • McCREARY, VESELKA, BRAGG & ALLEN, RC. Thus, the school finance system finding that the whole system of ad with a bad address and the property has survived the Supreme Court's valorem taxation to support schools owner has other property listed with a scrutiny by only the narrowest of is fatally flawed, true address. Appraisal recalls must margins (5.4)andwith repeated wam- in the lone pure dissent from the also be reviewed. It is hard to look a ing from themajority justicesthatthe left, Justice Spector found SB 7 person in the eye and charge penalty 1 system is still shaky indeed. The ma- unconstitutional sinceitdidnotcom- and interest when all nod ces have been jority opinion was written by Justice pletelycqualizefiurding,butstill allows retumedtoyou,andyetyouhadagood Comyn joined by Chief Justice for local enrichment. Justice Spector address on file. Phillips, Justice Gonzales, Justice apparently equates "efficient" with Theaddressresources includeducc- Hightower, and Justice Gammagc, complete equality. She quotes from torics,voterregistrations,andanyother Justice Comyn and Chief Justice prior decisions of the court in public records. To this date, there has Phillips are viewed as moderate to Edgewrrod l1 and Edgerwrod l indi. not been a published appellate case conservative Republicans. Justice eating the court's apparent belief in whichanswers thequestion ofreason - Gonzales is viewed as a moderate to that principal at the time of those ablediligcnccfornobeessmtpwsuant conservative Democrat. Justice opinions.tiAr to §33.04. Hightower is viewed as a moderate In other cases in which the courts Democrat. And, Justice Ganrmage is How to dose have handled reasonable diligence in i viewer! as a liberal Democrat searching fortaxpayers, high standards On the other hand, three of the Penalty and Interest have been set. dissentingjustices found that the state by The court in Uvalde County .4p. had equalized funding in favor of the Shelburne J.Vesella pralsalDislricrv.Parker, 733S.W.2d property-poor districts to an accept- 609 (Tex,Civ.App,--San Antonio, abledegrce,Justices HechtandOwens Easy,justdon't followthelaw, LimI 1987,writrefdn,r.e.)rcfctmdto§33,134 (the only new justice on the court) mailoutaFive-YearNotice.lfanoticc when i I ruled on a notice requirement found SB 7 defective because the comes back, don't look for a good in §33,07, The court noted that the tax i state was coercing school districts address. record had an incorrect address and into doing that which would other- Back at the dawning of the Property that the tax office had a source for wise be unconstitutional, namely the Tax Code, the Legislature decided that obtainingthecorrcetaddress. Although sharing of funds with other districts taxpayers should not have to pay pm. the court did not identify the source, I or the educating of students from ally and interest on delinquent taxes if h a ve been told that the source was the other districts. Those twojustices, the property owner didn't receive a Deed Records in the County Clerk's I viewed as conservativeRepublicans, noticealdeastevcxyfrveyears,Sorrow, ofdicc,'Mecourt fwtherobserved di at concurred with the majority opinion youmustmaidanotice inyearsdivisible the tax office did notprove that a notice • J to the extent it upheld SB 7 against by 5 (like 1995) and if the letter is had bran mailed or returned, most of the claims against it,spceifi- returned, yo u am req uired to search for Eventhough thecourts wouldprob- cal ly those brought by the a good address. MVBA will do your ably not be so picky applying §33,04 property-poor districts and some mailings, and we will provide print. provisions, why risk it. You only have brought by die property-rich dis- outs, records and affidavits of the to do this every five years to protect 16cts, 'T'hey simply found that the mailings and returns, but vou must help your penalty and interest, We are glad • state was still enacting a state ad search for a good address, to help you comply with this law, and valorem lax contrary to the state con- So you say, "Shelly, where do I if you have any quesdom please call, stitutionandthecourt's prior opinion look?" First, look styour own records. in Edgewood 1/1. Justice Enoch was You would be surprised how often a not nearly so charitable with SB 7, delinquent account appears on the roll Spring 1995 - Viewpoint - 3 lJ • 0 • McCREARY, VESELKA, BRAGG & ALLEN, P.C. McCREARY, VESELKA, BRAGG & ALLEN, RC. !f Ifyouwould like tovolwtteersome- Thank you. You have pressed 9-1-2, Payout Agreements Attorney General concluded that since handle payout agrecraentscun•ently Service Is Our Business one else for service on the appraisal This means that you are calling about Between this section does not provide for the in place. Ary Tax Collector with by review board, press two. theappraisalofyowproperty.ifthatis accumulation of penalty during the slrccifrequestionsshouldcontactour Roy G. Armstrong irotwhyyouarecalling, press star-six- February 1 and July 1, 1995 cot ofthcagrecmrnt,ncith r§33,07 office,* and penalty nor the penalties which would Michael Reed If you would like to resign from the one. If you really are calling about the hr Grlberl T. Bragg appraisal review board, press flume: appraisal of your property, press star- normally accumulate pier to July l lim,atMVBA,wearealways look- six-six-save Hn m-t mx-,wvc7wnative- undcr§33.0!caanaccrue on taxes that ing toward the future and thinking of Ifyou would liketoheara recording eight-eight-pound. NUTenterintoanlnstallment arc subj DO ect to §33A2payoutegree- ways to scree our clients. We recog- oftheappraisal review board's hearing payNOT ter Int Inst lmeml mcnt executed prior to July I the ~ , Ell for 1994 taxes between February 1 year in which the tax becomes nine that in a typical t of district procedures, press fow. . , •66793715884 and July 1, 19951 February ! is the delinquent. This opinion limits the ~ employees spend a lot ofuntxessary as well n the limits the Classes to AfteW L`s time on the telephone, Telephone calls If you have a question about prop- Thank you. If your property is pub- and July 1, date for unpaid I tax deem ! n. This delinquency most circumstances, pcna a7 arc a constant nuisance,Consequendy, erty taxes or wish to know the meaning lie-access airport property. press one. dn most o ire Tax Cces o That [hat charge penalty in which a payax s offices well out arc agreement for cntitlcd l the April 4.7 weamdevclopingacomputerized telc- of the term "ad valorem", please hang §33, 01 provides ( lbr of signed for la a penalty he six percent of the 1994 taxes ifan agreement is forthe Abilene-CAD of TaylorCaunty phone an swering and voicemai I system up andealItheComptrolter'soffccin Ifyowpropertyis recreaNonal,park amount of the lax for the First month between February I and July 1, 1995. Market Appreach sh uld be available offices. s by t of i l often Austin. or scrnic land, pass two. it is delinquent plus one percent for Accordingly, MVBA recommends that Couase 220 should be available by the fall of this }3 eachaddilionalmonthor poriionofa tax otiices 170 NGT enter into an lnshuctor-Smtt l-Ioword Ycar, but we urge you to get your Ifyouwouldiiketoheararecording lfyourpropettyisso!arandwirrd- each a the tax remains unpaid io ort installment payment arrangement for orders in early. When our new system of Lou Gchrig's famous retirement powered energy devices, press three, July 1. A tax that retrains delinquent 1994 taxes until aJ?er July I, 1995. ~ 1 is in place, a typical calf to your ap specchetYankee Stadium prescseven- r on July I incurs a total penalty of When a taxpayer has delinquent May8-II praisal district will sound something nine. Ifyowproperty is atheatre school, Iwclve percent. While interest contin• taxes for 1994 and prior years the Ausdn - Hilton Hotel like this: pr^ss fow.. . dliketohoararecoriing ucstoaccrucunder§33:Ol,thepenalty laxpayershould pay the 1994 taxes in PropertyTaxLaw Thank IfyrisDaysingingSecre(Love slops at Iwclve percent. Adc tionally, full at that{methepayoutagrecmenlis Course 325 you for calling the McCreary of posDay,press if your property is buffalo and/or §33.07 of the Tax Code provides for signed. Thus, the agreement will Instructor - RoyArmstrnng CountyAppraie.Youricallwil)tax- eight-zero, cattalo-caNalo?-press,s even-three. an addirioau! penal {r of fifteen per. cover the years which have accumu- acrd PaYur service line. Your cal! will cost cent d to used costs of laled prior to i be todefrfifteen r. covertheye th ichhavemu Advana+dColloctions you $1.00 forthe first minute and .50 Ifyou would liketohear aboutcon- lfyowpropertyisindustrialpe oral for each collection, This addlNonal penalrv is event the taxpaycrcannotpaythe 1994 Cowsc365 calling additional minute, pIf you hone, are pccrt ress eight-me. [)cad, property, press seven-fow: usually used to pay the delinquent tax raxcs, (he agreement should be made Insbuctor- Robert Meyers now. If you calling a press eight one. , . . attorney. However, both the §33.01 for on/v the prior years, and the 1994 one now, If you tu calling from a Ifyowproperty is bcingremovod by penalty ttorne and the §33.07 h theycan be laxcssho he be or years, and the from ( rotary dial phone, give our regards to If your hou~. is on fire, or if you armed men in W masks, hang up and W{lmaand Pebbles, younc c-onc- flre,pleasehangupand call nirrconcona placed in jeopardy by an inartfully the agreement: In the event the tax- August?-10 ! dial nin-0na drafted installment payment agree- payer has 1994 taxes only, it is Austin-Hihonl3otd ona • tnent under §33.02, the payout recommended that the tax office ac- Advanced Collections ' i [fyowdroties with ax warrant, agreement provision in thcTax Code. ccptpattial payments but that no written Course 365 If you arc calling about the appraisal sherif~'sepudeswitha lxwatranl This issue was addressed in Attor- agreement be signed until afler July 1, Instructor- Robert Meyers Thank You. The following is alist of of your property, press nine-one-two, give them whatevcrthey want ncy General Opinion No, DM-1,35 1995. options. If, at any time, you wish to (see MVBABalt eral O i August, 1493), It is possible that questions may cancel the option you have chosen, lfyou arecallingtoask whetherour if your property is eot,mercial teal In looking at §33.02, the Attorney apse concem!ng existing payout prey star-six-one. heard that istunrting,wehavealready property, press seven-Hve. • General noted that §33.02(b) states agreements. Such questions would hcrdthatone, would like to your- that interest pursuant to §33.01 ac- need to be answered with a full knowl- selffaseMce ervicelfyo on the the volunteer review 9-1.2 7-5 crveson[heunpaid balance during the edge ofthe facts in each case, Wewill appreisal review period of the payout agreement. no be glad to discuss the best way to board, press one. (Bernice cnnrlrrued on next page) Spring 1995 - VicwPo!nt - 4 Spring 1995 - Viewpoint - 9 • t McCREARY, VESELKA, BRAGG & ALLEN, P.C. JCooperaiion continued from page 9) Thank you. If you know your press two-four. your property, puss tluee-flye-six, property's account number, pl case enter it now. I fyou do not know the account 2-3 3.5-6 number, press pound. Thank you, As a tax rep, you will Thank you. If you know the ap- t N surely benefit from this recording of a praised value of your property - and Billy Graham sermon on the subject of you had droned well better know It - You do not know your property's honesty. Please listen earefully(record- press four-four. account numbed You should look ingbegins). these things up before you call and 44 waste our time like this, We will give •61 you exactly five minutes to find your Thank you, If your property is ap- recordsandenteryouraccountnun- Ifyouaretheowncrofthisproperty, praised at a value between 0andS100,~ her. press two-two. press one. (Four minutes and 27 seconds pass) 2-2 If your property is appraised at a value between $100 and $200, press 006-07511-010-00 Thank you. If you are calling about two.. , , the address of your property, press Thank you, Please wait while your one-one-four. If your property is appraised at a account number is being processed valucbetween$562,500aad$562,600, (caller hears Jose Feliciano sing Light Ifyou are callingaboutthe elevation press flve-six-two-slx. AL v Fire for three minutes, eighteen of your property, press one-one-five. seconds). Thr, number you have en- 5-64.6 ® f tend is not a valid account number. Ifyou are calling about the longitude ~I Please trv again, of your property, press one-one-six. Thank you, If you think that the appraised value ofyour property is too 006-07511-010.00 Ifyouarecallingaboutthespeilingof low, press one, your own name, press one-one-seven, Thank you, Please wait while your If you think that the appraised value account number is being processed Ifyou would like to hear arecording of our property isexacdyrigfit,pness (callcrh=BM, Mani lowsingMandv of ljl Only Had a Brain from the two, for three minutes and 40 seconds, but Wizard of Oz, press oneone-tight, i I seems a lot Ionger), If you think that the appraised value if you would like to hear it played of your property is too high, press You have entered account number backwards, presseight-one-one.,, , three, 006-7511-0104)0,1fyou arc the owner of this property press two-two. If you would like to participate in a 3 e straw poll concerning copyright pro- , Ifyou are a tax rep, press two-three, tection in Chirra, press three-flve-flve. Thank you. Please enjoy this moord- p Ifyou arejust some noscy busy-body If you are calling about the value of ymr of Bobby McFerrin singing Don't Hopp v, Fed flu lo g Spring 1995 - Viewpoint - 10 r 4 - r •J , l7 ,nit ~1~ t rl ?pys'm qY Y McCREARY, VESELKA, BRAGG & ALLEN, P.C. McCREARY, VESELKA, BRAGG & ALLEN, RC. (Horn contiraaadfmrn me 5) State Adopts New Rules MVBA EVENT CALENDAR of taxation on nmufictured homes, for nag Afull textofthebill may boobtained Court Decides January First is Manullktured Horne February 21-13: 37th Annual County JudgestCommissioner's by contacting Samantha Holt or Conference - College Station Hilton Conference Center Susie Herring at the Austin office of Assessment Date for Taxes Liens College Station, Texas McCreary, Veselka, Bragg & Allen, by Kirk Swfnney TheTexas on art new r des February 26- Texas Association of P.C. Appraisal District Conference As one might and Regulation has issued ssued new rules ' March 1; Austin Marriott at the Capitol Hotel expeet,themanufae- The United States Court of Appeals for the Fifth Circuit recently handed concerningthefiling ofliens onnnanu- Austln,Texas ii and financersofmanufechuod down a decision entitled In !le Midland Industrial Service Corporation; factured homes, The Department is homes in Texas are vigorously op. Midland Central A raGsal Uisirici v. Midland Industrial Service Co ra- March lS-17; 66th Annual West Taxes County,luMes/Commissionees pp trying t increase its efficiency and Conference - Abilene Civic Center posing the bill. The bill has been lion ei al. in which it decided that ad valorem taxes in Texas are assessed as of reduce the time that it spends record- j Abilene, Texas referred to the Ways and Means January Ist as opposed to their billing date ofOctobcr 1st, in liens. The Department Committee of the House of Repre• e litigation was in the contextofe bankruptcy which the g c in twof will now The assessment date for , Sev rat prior riaccept lien notices in two formats: April 2-5; Texas School Assessor Assr,olatlon Conference sentativos, ifyou would like to indicate contended that October 1 st is the as taxes, Several ) gp tapes and diskettes, + Austen, Taxes support for the bill, please contact 1 ma etic , bankr uptcy and state court decisions have supported that position, The 2) Scantron forms designed to be 1 tr Good Friday (Holiday) your state representative and state advantage of the October I st assessment date to the taxing jurisdiction is that reed by a computes scanner, senator indicating your approval of , if a bankruptcy is filed between January I st and October f st of a year, then ad no Deparrnent will accept lien no- H,13. 500.* valorem taxes for that year would be considered post-petition oradministtative does ineither form, enter theInforms- expenses of that bankruptcy. That would entitle those taxes to a higher tion into their computer andtwo* the MVBA TAX SALE CALENDAR priority in the payout of the bankruptcy as opposed to pre-petition taxes. In taxing units of the liens recorded and addition, administrative expense taxes are accorded more penalty and interest those rejected, You will still need to February 7: Tax Safes - First Tuesday of the Month than are pre-petition taxes under some circumstances. have a manufactured home's HUD Brewster County Congratulations to E ath County and no court, however, affirmed the debtor's position that taxes should be label, Texas seal and/or serial numbs Callahan County Tax Assessor-Collector, Jennifer considered assessedasofJanuarylst.Therefore, taxes for the yearoffIlingof in order to have a lion accepted, Grimes County Sch ickeandtheirstaffootheirmoveto any bankruptcy would be considered pre-petition taxes in that bankruptcy, No The Scantmn is offerin Henderson County company g Knox CAD new office facilities, Ersth County re- penalties would be allowed on those taxes and interest would be limited. In forms foruse in recordingmobile home Lynn CAD modeled 49OWoountyjailhousefarthe I some case itmaymeanthedifference between those taxes being paid and not liens. Unfortunately, they require the tax office, Ms, Schllcke's office began ' being paid at &1 1. purchase of at least 5,000 of the forms March 7: Tax Sales - First Tuesday of the Month operations in its new home in early The decision creates some practical difficulties for taxing jurisdictions in atatime. Many tax offices need only a Anderson County January, 1995, bankn.ptcy, In effect, a bankruptcy filed on January 2, 1995, will carpel the few forms or a few hundred. As a Calhoun County taxing jurisdiction to file aproofofelalmfor1995taxes even though those taxes service to our clients, MVBA will Guadalupe County Hardin County will notbeknownforasmuch astonmonths, MVBAiscurrentlY filing estimated maintainasupplyofdteScantronforms • Leander ISD and unliquidatod claims for 1995 taxes on behalf of its client jurisdictions, It andmakethemavailable toourclients Milani County is now especially Important for the taxing JurbddeHons to alert Mill without charge. If your offices needs Santa Fe ISD of any account that a bankruptcy debtor may have on the reel, even if someofthese forms, just let us know. CAD of Taylor County Congratulations also goes to Rex Ann there are not delis uent tax or even If there are no taxes at OIL If ourofilco needs additional infer Vernon ISD Friess, Chief Appraiser for Sutton i I p y Victoria County The case is now on application for writ of certiorari to the United States mation on the Department ofLicens- County, who Is the proud new grand- Supreme Court, However, in the mean time, taxing jurisdictions will be forced ing and Regulation's new rules or in• • AprIl 41 Tax Sales - First Tuesday of the Month mother of a S lb„ 2 oz., 20" long baby ■ to adjust to the Fifth Circuit's ruling.* fonration on the format for the elec. TAD of Bell County boy born Febnrary 21, 1995, This is ■ tronie Ming of liens, you should con- Grimes County Rex Arms first grumdbaby. tact the Department at (512) 475. Midland CAD 2897, ] ~ Y Spring 1995 - Viewpoint - 6 Spring 1995 - Viewpoint - 7 yt err i! IPi` • r McCREARY, VESELKA, BRAGG & ALLEN, PC, ~ ~ ~ McCREARY, VESELKA, BRAGG & ALLEN, P.C. Winn Congratulations... Representative Horn Seeks to Strengthen Welcome Nehr s Bankruptcy Update Mobile Home Tax Collection District Clerks! As many of you are aware, the Winn's and Crafts, Crr~ Varity'FredsloneCounty Taxi ~ byKtrkSlvtnney Etc, stores across Assessor-Collector, was sworn in as the state and nation are in bankruptcy, 1993 and 1994 taxes Ore now newly elected TAC after being ap•1 Denton County Tax Assessor-Collector, Mary Horn, has taken the lead in Shelia Norman -Bch I delinquent, and in some oases, 1992 taxes are delinquent as well. The intedtothe po positionbycountycom- advancing a piece of legislation designed to strengthen the tax collectors'hands JanetChappeli - Frr<stone bankruptcy is progressing, There is both good news and had news on missionersfollowing the retirement of in collecting taxes on mobile homes,no bill has been introducedasH,B.500 by that front, TAC, Patsy Stroud. ' Denton Representative Jim Horn, The good news is that taxing jurisdictions have won a significant Amon the bill's k Vicki Johnson -Hardin victory in the bankruptcy court regarding the secured status of the ad g eyprovioth re that etar e on manufactured omen valorem taxes on the personal property of Winn's. The bankruptcy court will once again be superior to all other liens, , regardless of the filing o of f a a notice oftaxlien with thethc BYy tiendcrson in which the Winn's bankruptcy is filed is noted for being extremely For 1995, Donna Elkins B or lienholddr of the manufactured Departmered ofLi c homm ee fifileeand s s with the ap withuthe apratss the owner hostile to local taxing jurisdictions. Winn's was contending that the Denton Office) is the Chu'nof praisal district a Sue Blakeley-Jeff Davis lien securing the personal property taxes was avoidable. Had they been the Education Committee ofthe Collin I report must contain theseerialnumber H U.D,labelnumbrq)Oer,orstate seal number, successful in that contention, no interest or penalty at all would have County ChapterofTAAO. This is her the owner, and the location of the manufactured home. If such a report is on Susie Hull -Martin been paid on the taxes and a good part of the base tax may have been in second year to serve in this capacity. file, then it will still be incumbent upon the tax collector to Flea noticeoftax jeopardy as well. Nevertheless, after a motion by MVBA on behalf of She is also in herthirdyearasamember lien with theDcpartmentof Licensing and Regulaflon by September Istofthe Peggy Williams-Shleichcr Mcnard County Appraisal District, the County of Crosby, and Santa Fe of the Board of Trustees of this chap- next year in order for the tax lien to become superior. However, under that Independent School District, the court ruled that all personal ter. ShirleyParker-Stephens property taxes are secured and that the lien attaches to the proceeds of bill, the tax collector would by definition have the appropriate information the sale of the personal properly, Those proceeds are now in an interest necessary to file an acceptable lien with the Department of Licensing and Thomas A. Wilder- Tarrant bearing account in the name of the debtorrocee sseve n Regulation, This provision, of course, seeks to correct the current situation The bad news is That the debtor is pl- in to ession the valuation Congratulations arc in order to Dr, in which the Department ofLicensing and Regulation rejectsmany tax liensdue on virtually all of its accounts. Your taxing jurisdiction a your MarcL Willfauwson, Superintendent to inaccurate information on the notice of tax lien. The appropriate appraisal district should be served in the very near future, if of Pine Tree Independent School Dis requirements bill would tatod by current with Pthe report of roperty Tax Code § 1.21 movement fees and not already, with a federal adversary action contesting the value behind trial, for being selected as Superinten- its placell w ul a current 00fee Propety Tax Code § ermi et seq. In alt outstanding taxes, Even (hough Winn's may not have followed the dent of the Year, , the bill would add a $10,00 fee to the oversize load permit issued by Ne~VlyElected administrative taxes, Eve with the appraisal district, United States the Texas Department of Transportation for the movement of manufactured County Judges procedures Bankruptcy Code at I 1 U,w S.C. to ith § 505 allows it district, contest the homes on the highways. In order to obtain the permit, the person would have to valuations at this laic date, In view ofthc bankruptcy court in which the identify the owner of the home, the serial number, the HUD label number, or Bobby Joe Conrad adversary is filed and the liquidating status nkthe Winn' stoics, some JonathanXeRShmvly,bomtoCindy ! state seal number, The DepartmcntofTransportation would then share that Bosque County substantial reductions in value arc likely, (Austin office) and Kell Sheavly Feb. information with appraisal districts and tax offices periodically, Nine dollarsof niary A liquidating Chapter I I plan was confirmed on February 15, 1995 11,1945 at 10:30p,m, at Soon the extra fee would be forwarded to the treasurer of the county of origin of the Tab Thompson • after significant negotiations between the debtor and attorneys fur HospitalinAustin. Jonathazrweighed move, EralhCotany local taxing authorities. The plan is basically favorable, providing for 10 ibs, 6 oz, aril was 23 1/4" long, The bill alsogives the tax collector the authority toapply fora stateseal number escrowing of sufficient sums to pay all of the tax claims once the for any manufactured home which does not bear a HUD label number, serial Joel Land litigation regarding value is complete, At best, the taxes will suffer ' snumber,aa ti state seal number, m a practical matter, dud to Department of FnostoneCounty nd Re ents, this provision would reduced penalty and somewhat reduced interest. Nevertheless, there Brian zaehlke (son of joy Zuehlke after seizure g or attempted foreclosure on a manufactured home • appears to be a good chance that the bulk of the taxes will be paid within Belton office) made all A's in his first Nevertheless, it would give the tax collector an official number under which to Leon CoGone CoGuy the next six months. semester at McLennan unty Community salt the manufactured home for delinquent texas, J College In Waco. Brian is now on the The bill also contains several otl.crmorc technical alterations to the structure Dean's list. (Horn confinaed on page 6) Spring 1199! VivwPoinl - 9 - Spring 1995 • Viewpoint - 5 • :4q ,~4.. , '~i' < r'- _ ~ti" r • I` 6f r EXHIBIT 12 - OPINION LETTER MCCREARY, VESELKA, BRAC(i & ALLEN, P.C. ATTORNEYS AT L'"J P.O. Box 26M AUSTIN, TEXAS 787d&OW March 31, 1995 Mr, Wayne Paul Frank Assistant City Attorney City of Denton 215 Fast McKinney Denton, Texas 76201 Re: Resale by Taxing Unit Dear Mr, Frank: You have requested my opinion on the method of resale of property taken In trust by a taxing unit, In my opinion this matter is controlled by Chapter 34 of the Property Tax Code, Section §34,01(c) states if a sufficient bid is not received, the officer making the sale shall bid the property off to a taxing unit that is a party to the Judgment. Section §34,05 governs the manner in which the property is resold by the taxing unit. I Section §34,05(x) states that the taxing unit may sell the property at any time, The manner of We is not specified. The only requirement is that the property may not be sold for less than the market value specified in the Judgment or the total amount of the Judgments against the property, whichever is less, without the consent of each taxing unit entitled to receive proceeds of the sale, Joinder of the taxing units in the conveyance constitutes consent. By signing the conveyance the presiding officer of the governing body evidences that taxing unit's consent, i While Section §34,05(c) allows the governing body to request the Sheriff to sell the property again at a public auction, such action is not required, This probably would be futile since the property was / bid in trust by the Sheriff at a public auction, I The practice of our Firm is to prepare a sealed bid packet and obtain the governing body's consent prior to attempting to resell the proper tyry on behalf of our client, That ensures that the presiding officer ' will sign the deed in the event a pure- aser Is located. In my opinion soliciting sealed bids from the public facilitates this process in a manner that will not result In allegations of secret dealings against our Firm or the taxing jurisdictions we represent, 1 am enclosing a ,opy of Attorney General Opinion J M•1232 which reaches the same conclusion [ stated above. If I may be of further help on this matter, please call, Sin~cerell~~y~ uls~ Ili Bert T, Bragg • GTWsIb 0 • b" IMF-- l~N~-f~1.J~Y®R, .wW `i. - I IM ,'~jI N1W Nit 1.~N ~~~11'f1l Yh1„if1.110t yy(y~1y11w)~~~1/JI11ry111 uyulfnI 1 1 YI + WM111 ~ ' IAMIIIlIM1 MI 11Yh11 N7111 1" 1A I 14 M 1 11 11 1wv;m,1 • _ w • EXHIBIT 13-a r Complete Listing of all McCreary, Veselka, Bragg & Allen Clients (by County) Anderson County Texarkana I.S.D. City of Palestine Liberty-P,ylau I.S.D. Palestine I.S.D. City of Redwater Neches I.S.D. Simms I.S.D. Westwood LS.D, Malta I.S.D. Upper Neches MWA Red Lick I.S.D. Pleasant Grove LS.D. Baylor County Appraisal District Hubbard LS.D. Baylor County Leary I.S.D. City of Seymour DeKalb LS.D. Seymour I.S.D. City of DeKalb Bowie Co. Rural Fire Prevention Dlst. k16 Tax Appraisal District of Bell County Bowie C.E.D. Bell County City of Belton Brewster County Appraisal District Belton I.S,D. Alplne I.S.D. Cily of Killeen Brewster County Killeen I.S.D. Brewster Memorial Hospital District City of Temple Son Vincente I.S.D. Temple I.S.D. Marathon I.S.D, (38 additionaljurisdictions in Terlingua I.S,D. Bell County) City of Alpine The following clients are represented in Bosque The following client is represented in Burleson County; County; City of Valley Mills Snook I.S.D. City of Cliflon Ctitlon I,S,D. Burnet County Appraisal District Cranfills Gap I.S.D. Burnet County Valley Mills 1,S.D. City of Burnet City of Granite Shoals • Bowie County Appraisal District City of Marble Falls Bowie County City of Bertram City nf Nash Meadowiakes Municipal Utility District City of New Boston Burnet Consolidated I.S.D. City of Wake Village Marble Falls I,S.D. City of Texarkana City of Cottonwood City of Leary • Texarkana Community College Calhoun County Appraisal Dlatriet • New Boston I.S.D. Calhoun County Redwater I.S.D. City of Point Comfort • w • EXHIBIT 13-b ' i City of Seadrift Evant LS.D. City of Port Lavaca Oglesby I.S.D. Calhoun County I.S.D, Jonesboro I.S.D. Port O'Connor Municipal Utility District City of Galesville I Callahan County City of Copperas Cove City of Baird Oatesville I.S.D. City of Clyde Crockett County City of Putnam Cross Plains I.S.D. Crosby County Baird I.S.B. City of Rails The following client Is represented in Chambers White River Municipal Water County: The following client Is represented In Dallas Barbers Hill I.S,D, County: Cherokee County City of Hutchins Coke County Denton County Kickapoo Water District Argyle I.S.D. West Coke Hospital District City of Argyle Coke Underground Water District City of Ponder City of Krum The following clients are represented in Collin PonderAubre County: City of Aubrey Town of Saint Paul Aubrey L Krum I,S. Wylie I.S.D. ,D Corinth MUD #1 City of Sachse City of Northlake Comal County City of Denton City of Sanger Comal I.S.D. Sanger I.S.D. I Comal County Fresh Watcr Supply District #1 City of Pilot Point Comanche County Pilot Point I.S,D, Gustine I,S.D, • Sidney I.S.D. Eastland County Comanche County Hospital District Eastland Memorial Hospital District Comanche I.S.D. City of Carbon City of Comanche Cisco Hospital District City of DeLeon City of Gorman DeLeon Hospital District City of Ringer DeLeon i.S,D. Ranger Hospital District • Ranger CollegeDlstriet • • Coryell County Ranger I.S.D. City of Oglesby Rising Star I.S.D. American Education Complex Oorman LS•D• • 0 f • • eAMdk& EXHIBIT 13-c Eastland I.S.D. City of Warren City of Rising Star Gladewater County Line I.S.D. Pine Tree I.S.D. Erath County White Oak I.S.D. S City of Dublin Longview LS.D. r Dublin I.S,D. Lake Proctor Irrigation Authority Grimes County Fails County Appraisal District Grimes County Appraisal District Navasota LS.D. Fannin County City of Navasota Iola I.S.D. Foard County Appraisal District Anderson-Shiro Consolidated LS.D, Foard County Richards I.S.D. j Foard County Hospital District Crowell I.S.D. Guadalupe County City of CroweI I Seguin I.S.D. ' City of Cibolo Freestone County Navarro I,S.D. City of Streetman City of Fairfield Hardeman County City of Teague City of Quanah City of Worsham Quanah I.S.D. Fairfield Hospital District Dew LS.D. Hardin County Appraisal District Fairfield LS.D. Hardin County Worsham I.S,D. Kountze I.S.D. Teague Hospital District City of Kountze The following client is represented in Galveston Harrison County County: Harrison Central Appraisal District Santa Fe LS.D, City of Marshall Galveston County WCID #8 Marshall I.S.D. City of Waskom Garza County Hailsville LS.D, Oars County Hospital District Waskom I.S.D. • City of Post Kamack I.S.D. Post I.S.D. Harleton ],S.D. j The following clients are represented in Grayson The following client is represented in I County: Haskell County: 1 City of Whitesboro Rochester LS.D, City of Van Alstyne • Henderson County ' • A The following clients are represented in Gregg City of Eustaee 1 County: City of Trinidad City of Gladewater City of Athens . a EXHIBIT 13-d j City of Enchanted Oaks The following clients are represented in Jones City of Chandler County: City of Tool City of Stamford Athens MWA Stamford Hospital District Athens LS.D. Stamford County Line LS.D. Murchison I.S.D. Henderson County Rural Fire Dept Kendall County Henderson County Lev" #3 City of Boeme City of Gun Barrel Kendall County W.C.I.D. #1 City of Brownsboro Kent County Appraisal District LePoynor I.S,D. Kent County Trinidad I.S.D. City of Jayton Crossroads I.S.D. Jayton•Girard 1.S,D. Hill County The following client Is represented in Kerr County: City of Hillsboro Kerrville I.S.D. City of Penelope Center Point I.S.D. City of Malone Tehuacana Creek Water Shed Kimble County Appraisal Dist. Hillsboro LS.D. Kimble County Y Hill County Appraisal District City of Junction I Hubbard I.S.D. Kimble County Hospital District City of Itasca Junction LS.D. City of Covington City of Abbott The following client is represented in Kleberg Itasca I.S,D. County: I Malone LS.D. Riviera I.S,D, Hubbard I.S.D. Abbott LS.D. Knox County Appraisal District Knox County The following clients are represented in city of Benjamin Hockley County: City of Goree City of Sundown City of Knox City Smyer I.S,D. City of Munday North Central Texas MWA The following client is represented in Jackson Goree I.S.D. County: Knox City-O'Brien LS.D. . Jackson County WCID #2 Munday I.S.D. j Benjamin 1.S.D. Jeff Davis County Knox County Drainage District Fort Davis I.S.D. Knox County Hospital District Valentine I.S.D. I The following client Is represented in Lee . The following client Is represented in Jim HoU County: County: Jim Hogg County WC1D #2 City of Giddings • EXHIBIT 13•© Leon County Milam county G'ilyoflcwett City of Buffalo City of Bulkholts Buffalo LS.D, Donahoe Watershed Centerville I.S.D. Elm Creek Watershed Leon I.S.D. Rockdale LS,D. Oakwood LS.D. Gause I.S.D, City of Marquez Cameron I.S.D. City of Thorndale The following clients are represented in Limestone City ofCamerom County: Buckhohs I.S.D, Mexia 1,S.D, Thomdale I.S,D, City of Groesbeck Milano I.S.D, Groesbeck 1, i,D. The following clients are represented in Mitchell Lynn County Appraisal District County; Lynn County City of Colorado City f City of Tahoka Colorado I.S.D. Tahoka LS,D, Morley County New Home I.S.D. Wilson LS. D Motley County I.S.D. . City of Wilson The following clients are represented in Navarro Marlin County County; ( Frost I.S.D, The following clients are represented in McLennan The following clients County: are represented In Pecos City of McGregor County: City of Waco Traan•Sheffield 1,S,D. Waco I,S,D. Presidio County City of Lacy Lakeview McGregor I,S.D, Presidio I,S,D. La Vega I.S.D, City of Presidio Midway I.S.D. Marta LS.D, Bosqueville LS,D, City ofMarfe r Hallsburg I,S,D. The following client Is represented In Real County: J City of Lorene • Lcakey I.S.D. 1 Menard County Appraisal District The following clients are represented In Reeves Menard County County: City Menard Menar d I.S.D. City of Balmorhea ! Balmorhea I.S.D, Midland Central Appraisal District The following client is represented In Refuglo • • Midland hS.D. City of Midland County; Refugfo County WC1D M1 Midland County Hospital District Midland County Jr. College • co • EXHIBIT 13-f Runnels County City of Tuscola City of Winters City of Impact City of miles West Central Texas MWD Winters I,S.D, Abilene I,S,D. Ballinger I.S.D. Merkel I.S.D. Miles I.S.D. Trent I.S.D. Jim Ned LS.D. Schleicher County Wylie I,S.D, Schleicher County Appraisal District Valley Creek W.C,D. City of Eldorado Tuscola Taylor County Fresh W.D. Schleicher County I,S.D, Terrell County Shackelford County Appraisal District Terrell LS,D. Shackelford County City of Albany Terry County Appraisal District City of Moran Terry County West Central Texas MWD City of Meadow Albany I.S.D. City of Brownfield Moran I.S.D, Terry Memorial Hospital Shackelford County Hospital District Brownfield Consolidated I.S.D. Meadow I.S.D. Stephens County Union I.S.D. City of Breckenridge Wellman LS,D. ' West Central Texas MWD South Plains Water District Breckenridge LS,D, The following client Is represented In Titus r Sterling County County, i Sterling City LS.D. City of Mount Pleasant Sterling Co, UWD ' City of Sterling City Vau Zandt County Appraisal District Y City of Canton Sutton County Appraisal District City of Grand Saline Sutton County Canton I.S.D. City of Sonora Grand Saline LS.D, Sonora LS.D. Martins MITI I.S.D. Van I.S,D. • The following client is represented in Tarrant Wills Point I.S.D. County: Tyler Junlor College Keller I.S.D. City of Wills Point i Central Appraisal District of Taylor County Victoria County Taylor County Victoria County WCID kl • City of Merkel City of Victoria • City of Trent Victoria I.S.D. City of Abilene Bloomington I,S,D. City of Buffalo Gap City of Lawn • 0 ~ \ t ' rC LL ? (lT~ cif r )I. ~ " 161 . 1 EXHIBIT 13-g The following client is represented in Webb County: Mirando City I.S,D WilbargerCounty City of Vernon Vernon i,S.D. Northside I.S.D. Vernon Reg. Jr. College The following clients are represented in Williamson County: f City of Taylor City of Georgetown ' City of Leander Georgetown I.S.D. Leander LS.D. City of Cedar Park ! Williamson County MUD #3 The following client is reprewnted in Wood County: City of Mineola f i . ! .1 1 ! A r f r rt l 4~ l~~ 1}t` 1 t75 W{•tr ti. . • 7t., rr h -n 5 il~ ~~~~1~"5~ ~X:r!r'}~I~r.s5u~`~'~~. • 0 EXHIBIT 14-a CONTRACT FOR TIIF COLLECTION OF AFLIiNOUENT PR P RTY. TAXES THE STATE OF TEXAS § § COUNTY OF DENTON § THIS CONTRACT is made and entered into by and betwe-a THE CITY OF DENTON, TEXAS (The City), acting herein by and through its governing body, and McCreary, Veselka, Bragg and Allen, I P.C. and Hayes, Coffey & Berry, (for the purpose of this contract only hereinafter jointly referred to as The Firm), 5929 Balcones Drive, P.O. Box 26990, Austin, Texas, 78755. 1. The City agrees to employ and does hereby employ The Firm to enforce by suit or otherwise the collection of all delinquent taxes, penalty and interest owing to The City. Current year taxes which become delinquent within the period of this contract shall become subject to the terms of the contract upon the following conditions; A. Taxes that become delinquent during the term of this contract, that are not delinquent for any prior years, become subject to the terms of this contract on July I st of the year in which they become delinquent. I B. Taxes that become delinquent during the term of this contract, on property that is delinquent for prior years and is the subject of a suit to collect the prior years delinquent taxes, shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. C. The Firm shall begin collecting current year personal property taxes on March Istofthe year in which they become delinquent. Notwithstanding the provisions of paragraph V1 of this contract, The City shall not owe The Firm u fee on the current year delinquent personal property taxes collected between March I st and June 30th unless attorney's fees are collected pursuant to Section 33.48 of the Texas Property Tax Code. I I. The City agrees to furnish all necessary delinquent tax information to The Firm on all property wi thin the boundaries of The City. The City hereby authorizes The Firm todcterminethename, identity and location of necessary parties and to procure necessary legal descriptions of property and hereby assigns to The Firm the right to recover the costs of obtaining such information. 111, B The Firm is toadvise The Cityof errors, double assessments or other discrepancies coming under r + • observation during the progress of the work. Page I i • EXHIBIT IA-b IV. The Firm is to intervene on behalf of The City in all suits for ad valorem taxes hereafter filed by any other taxing unit on property located within its boundaries. V. The Firm agrees to make written delinquent tax collection progress reports to The City monthly and quarterly in a format containing information as requested by The City's Executive Director of Finance. VI. The City agrees to pay The Firm, for services rendered, Fifteen Per Cent (15%) of all delinquent taxes, penalty and interest collected by The City for years covered by this contract. The penalty imposed pursuant to Section 33.07 of the Property Tax Code is not subject to this contractual fee. The City has previously adopted of the additional penalty provided by Section 33.07 of the Property Tax Code. All fees provided for in this contract shall become the property of The Firm at the time payment of taxes, penalty and interest is made to The City. The City shall pay fees due The Firm monthly by check. VII. I The Firm shall undertake the collection of delinquent accounts for paving assessment liens, substandard housing demolition liens and weed liens. The collection of these accounts shall be j undertaken on the basis of attorney's fees assessed to and collected from the debtors. The City agrees # to pay to The Firm as compensation all amounts received as attomey'., ices on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens. VIII. The Firm agrees not to represent any client who has an adversary position with The City of Denton for the duration of this contract. • IX. The City agrees to allow The Firm to use its tax office computer terminals and to provide a working area for use by Firm employees. The City also agreer to provide The Firm with computer discs • and tax file access upon request by The Firm. The Firm agrees to reimburse The City for use of the • working area, its computer terminals, computer discs, and tax file access. The payment by The Firm for the above stated reimbursement and support services shall be in the amount of Seven Hundred Fifty 1 ($750.00) dollars each month, 1 Page 2 • • r FXIiIBIT 14-c X. r This contract is drawn to covera period of two (2) years beginning July 1, 1995, and ending June 30, !997. Should The City give written notice to The Firm of its desire to continue this contract, this contract shall continue in full force and effect from month to month at the option of The City, unless either party deliver written notice to the other party if its intent to terminate this contract at least thirty (30) days prior to the date of the intended termination, The Firm shall have an additional six months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the termination date and shall have the exclusive right to compensation of fees earned due to these suits during this six month period. In consideration of the terms and compensation herein stated, The Firm hereby accepts said employment and undertakes the performance of this contract as above written. The City shall have the right to sooner terminate [his contract for cause, giving thirty(30)days' written notice of such intention, with a statement of the cause or reasons for such termination, aftergiving The Firma reasonable opportunilyofexplainingorrectifyingthesame. The City shall belhesolejudge of the existence of cause for the purpose of this termination provision. In case of such termination, The Firm shall be entitled to receive and retain all compensation due up to the date of said termination. Xl. u The Firm agrees to collect, between July 1, 1995 and June 30, 1996, not less than sixty percent (60%) of the total dollar value of the base tax of the 1994 delinquency existing on July 1, 1995. The Firm agrees to collect, between July I, 1996 and June 30, 1997, not less than sixty (60%) of the total dollar value of the base tax of the 1995 delinquency existing on July 1, 1996. If The Firm does not collect the above referenced amount each year, it shall provide The City with legal services, programming and computer services, or data processing equipment with a value of not less than Seven Thousand Five Hundred Dollars ($7,500,00) or, at the option of The City, it shall pay The City the stun of Seven Thousand Five Hundred Dollars ($7,500.00) on or before August 15, of the year it fails to collect the minimum amount specified herein. XII. This contract is executed on behalf of The Cityby the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in Its minutes, • WITNESS the signatures of all parties hereto in triplicate originals this the day of A.D. 1995, Denton County, Texas. r Page 3 A ~S7U 1 S tTk~~r,.f~iy~1~11.: {~li- M 0 s f EXHIBIT l4-d THE CITY OF DENTON TEXAS BY Bob Castleberry, Mayor ATTEST: Jennifer Waiters, Ciry Secretary APPROVED AS TO LEGAL FORM HAYES, COFFEY & BERRY, P.C. Attorneys at Law Mike Bucek, Acting City Attorney 1710 Westminster Denson, Texas 76206 McCREARY, VESELKA, BRAGG AND ALLEN, P.C. Attorneys at Law Gate Way Center 5929 Balcones Drive BY P.O. Box 26990 Richard Hayes, President Austin, Texas 78755 BY Gilbert T. Bragg i l r• i Page 4 I r - - - •.--.w.wt U . . 1 7 Y rl y. ,cis 41 • , w w,. fir.: ;tt ~Z37 ir ~i'r!' 1 >3 944 it w N,, 1 o0 • cv A PROPOSAL FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES FOR THE CI'T'Y OF DENTON 1 Submitted by j BLAIR, GOGG^ SAMPSON & MEEKS Attorneys at Law rr I. 326-G East McKinney 2323 Bryan Street, Suite 1720 Denton, Texas 76201 Dallas, Texas 75201 (817) 383-4460 (214) 880-0084 (800) 441-0960 • and Curtis M. Loveless Mike Gregory • Attorney at Law Attorney at Law • t 218 North Elm 303 N. Carroll Blvd., Ste 100 l Denton, Texas 76201 Denton, Texas 76201 (817) 383-3776 (817) 387-1600 1 May 1995 • s • • V H-ighligbts of Proposal for the Collection of Delinquent Taxes Presented to the City of Denton B Blair, Goggan, Sampson do Meeks Curtis Loveless and Mike Gregory °s • June 19995 o • e 'FOP 10 REASONS FOR HIRING BLAIR, GOGGAN, SAMPSON & MEEKS, MIKE GREGORY & CURTIS LOVELESS 1. Superior, Proven Collection Record • Between June 1956 and July 1993, BGSM, in assocL,tion with Mike Gregory and Curtis Loveless, collected $5,5 million for the City of Denton • During the first 12 months of our contract with the City of Denton, BGSM Increased revenues by 122%, yielding $356,949 over that achieved by the previous law flan of Terry Lewis and Dan Coffey • BGSM has represented Denton ISD since 1992 and has collected over $5 million for the School District • During the first 12 months of our contract with Denton ISD, BGSM Increased revenues IS%, yielding $222,159, over that achieved by the previous law firm of McCreary, Veselka, Bragg & Allen (MVBA) • Blair, Goggan, Sampson & Meeks has proven that we can most effectively collect delinquent taxes and we want to renew our successful collection program on behalf of the City 2. Potential Revenue Gain for the City • Had the City of Denton been collected by BGSM at the same effectiveness level we achieved for Denton ISD, the City would have received an additional $34,762 In revenue between July 1993 and June 1994. From July 1994 to March 1995, the colfection shortfa0 has resulted In $27,410 less revenue being collected by MVBA 3, Active Involvement in Denton Community • BGSM supports the Denton community through support of the Denton Chamber of Commerce, the BGSM/Honeywell Teacher Mini Grant program, the Denton Special Olympics, our adopt-a- school program and contributions to United Way and other community groups • Mike Gregory and Curtis Loveless have extensive involvement in the Denton community, including participation in the Big Brother/Big Sisters of Denton County, the Denton YMCA, • the Denton Bar Association and the Boy Scouts of America 4. Ease of Transition to BGSM • BGSMI's close, working relationships developed with the City Tax Office and Courts ensure a smooth and quick transition, with no disruption to the Tax Office • • Because BGSM formerly represented the City and currently represents Denton ISD, we know • O the City's delinquent tax roll and are immediately prepared to collect the City's delinquent taxes • BGSM is currently taking the lead position in various collection and litigation matters ti. impact both the Denton ISD and the City of Denton 0 o • • 5. Most Comprehensive Collection Program in North Texas • Leading edge bankruptcy and FDIC/RTC collection programs • Consistent leadership in litigation filing and disposition for all of our clients • Unlike smaller firms, we have the personnel and resources to tackle the most complex collection challenges. BGSM has a staff of over 50, in addition to our Denton office personnel, which will support our collection efforts on behalf of the City 6. Knowledge of Denton's Delinquent Accounts - Customized Program for Denton • BGSM has maintained a local office and active presence in the Denton community since 1986 • Our pre-litigation collection efforts resolve many delinquencies before litigation is required • Personal contact allows BGSM to understand and resolve the unique issues facing delinquent taxpayers • Our affiliation with Denton attorneys Mike Gregory and Curtis Loveless provides local expertise, monitoring and liaison efforts for our collection program 6. Assistance to the City in the Collection of Miscellaneous Accounts • AGSM's ability to incorporate the collection of mowing and paving liens in addition to ad valorem collections will provide the City with more revenue • Similar program for other clients has resulted in significant revenue collections 7. Established Affirmative Action and Minority and Women Business Procurement Programs • Minority and female participation is demonstrated and encouraged throughout BGSM's staff: DeMetris A. Sampson, an African-American female, is the named partner of Blair, Goggan, Sampson & Meeks 55% of our work force is comprised of ethnic minorities Minority law clerkship program provided since 1987 Minority and women owned businesses utilized as subcontractors, vendors and suppl iers + 9. Leading Edge Computer Technology i • BGSM has invested millions of dollars in state-of-the-art computer technology • A staff or 44 data processing professionals is employed by our firm, 20 of which will support our Denton collection program + 10. Expertise and Resources to Meet the Needs of the City of Denton • • • As the largest delinquent tax collection law firm in North Texas, BGSM is prepared to meet the needs of the City of Denton ° c.~ ° UTIAW ° First Year Performance Comparison fa City of Denton City of Denton Denton ISD ~zr goo Sb51,339 5443441 $1 0 02 700 100 fl K131 5376,I3S I.+M soo IOD- 5292 788 aso Lla s0D- tM loo- - 7115.6m wwor 7,0. 7 ° WS & Coffey BGSM BGSM MVBA MVBA BGSM ` o ® Terry Lewis & Dan Coffey d Blair, Goggan, Sampson & Meeks McCreary, Veselka, Beck & Alllen; P A Performance Comparison Comparison of 'hirnover to Delinquent Collections City of Denton Denton ISD Collections Turnover Collections Turnover Decrease - lucrettye Decrease son 16%0 15% 18% 27% ($699406) ($64, $222161 ($411P394 $44~,s41 4511 . 4133,O1U SI,SI}.;,INN $1,468,292 Icon ! y~s,y x+111 i,, $1,246,131 $76,13 4 7; 1 $1,091,79 r sin l 1, roar e r gun i 2~0 1 92 6 93 7j 9S •6/4J ~ II_ 9 Abair, G,in. Samlixn H+t'rr.,n. 5esel♦a, Ae$ -too ' $ICOCAn,1'esdka, beck Bhlr, Gogwe. S:np,on & %Vk, R Wen d 4ikn R sink, Curren) Year Base Tax Thrnoser M 'bola) Rase "fax & I'M Collecled for the ('It), of Denton ® TWO Base Tax & I'M Collecled for the Denton ISD e Delinquent Tax Collection Comparison BGSM vs. MVBA Collection Shortfall; - $34='162 Denton ISD Due to Lower Performance by 1.26.39% McCreary, Veselka, Bragg & Allen 125% City of Denton 1120% 116.96% i l MVBA w_-_ BGSM r o Percent Collected of Current Year Turnover 7193.6194 Source: City of Denton "Tax '.ttorney Collection Retwrt" Denton ISD "84onthly Tax Collection Report" y • w +0 Delinquent Tax Collection Comparison BGSM Performance for Denton ISD VS. MVBA Performance for City of Denton t I Collected By MVBA/BGSM HOSM Tax Year 1993/94: City of Denton Denton ISD !!Current Year Turnover If $368,753 $1,047,300 (Ioudilasc Iixturned over to Attorney 7/t/93) J t OIICCtlons - C ~ $431,298 $1,323,662 (total hale Inx + 1'Fd f collected 711/93-6110194) Effectiveness 116.96% - 126.39% 1 JJ City of Denton Collection Shortfall: Additional Revenue if BGSM had collected far Cit ; _ y L$34,762 Notes: • 1993/94 Tax Year Collected by MVBA and BGSM. MVBA collections: $336,610 (78% of total collections) BGSM collections: $ 94,688 22% of total collections) O Collections do not include Peterbilt payment. Dale Source: City of Denton 'Tax Attorney Collection Report" Denton ISD "Monthly'rax Collection Report" U Delinquent Tax Collection Comparison BGSM vs. MVBA Nine Month F ollection Shortfall; $27 410 Denton ISD Due to Lower Performance by 105.24% McCreary, Veselka, Bragg & Allan 105% City of Denton 100% 96,72% 95% i MVBA BGSM • e Percent Collected of Current Year Turnover 7194.3195 Sourcer City of Denton "Tax Attorney Collection ReFxrrt" Denton ISD "Monthly Tax Collection Report'" 14 e GD • • 5 Delinquent Tax Collection Comparison BGSM Performance for Denton ISD VS. MVBA Performance for City of Denton Collected By: MVBA 1 j Br}g 'Tax Year 1994/95: City of Denton Denton ISD +ICurrent Year Turnover $321,757 i+ {9otnlllns~7'uzturned I $929,916 over to Anorney 7/IM) II Jf - - - . ~1Collections II $311,208 $9789647 ( I'otnl Base'rax k I 9 mo collrelIons ( ) MO cnlleclionc i, collec led 7/1 j94,- Effectiveness 96.7296 105.24% Nine Month City of Denton Collection Shortfall:: e j Additional Revenue if BGSM had collected for City: 27,410 J e ~ s • Data Source: City of Denton 'Tax Attorney Collection Report" Denton ISD "Monthly Tax Collection Rcport" ®a • JUNE 12, 1995 RECENT CASES IN WHICH CITY OF DENTON TAXES WERE COLLECTED BY,BGSM 1 94-00035-362 - SUIT FILED BY BGSM - DISD VS: JOHN RODRIGUEZ SOLD PROPERTY ON 6/6/95 AT SHERIFFS SALE - THE CITY TAXES OF $1,325.25 (1992-1993) WILL BE PAID OUT OF THE COURT REGISTRY PURSUANT TO AN ORDER FOR DISBURSEMENT OF FUNDS THAT BGSM WILL ISSUE THIS WEEK. 93-1893-367 - SUIT FILED BY BGSM - DISD VS: HEB INVESTMENTS - CASE WAS SET FOR FINAL JUDGMENT 6/16/95 - WE HAD BEEN WORKING WITH FIRST STATE BANK (THE LIENHOLDER) TO TRY TO GET THEM TO PAY THE TAXES. 1ST STATE BANK CALLED US ON 6/12/95 AND SAID THEY WERE LOANING THE MONEY TO HEB TO PAY ALL THE TAXES BEFORE THE TRIAL. CHECKS WERE DELIVERED THE AFTERNOON OF 6/12/95. WE COLLECTED OVER $2,400.00 FOR THE COUNTY, THE CITY RECOVERED TAXES FOR 1992- 1994 IN EXCESS OF $3,400.00. THE DISD RECOVER TAXES IN EXCESS OF $41,000.00. FOR THE YEARS 1985- 1994. THIS ACCOUNT WAS COLLECTED FOR THE PRIOR YEARS WHEN BGSM REPRESENTED THE CITY AND WAS NOT COLLECTED BY MVBA WHEN THEY REPRESENTED THE DISD. 94-00495-367 - SUIT FILED BY BGSM - DISD VS: LINWOOD A. LACY, JR, TRUSTEE - THERE WAS A BAD ADDRESS ON THE TAX ROLL - RESEARCHED AND FOUND ATTORNEYS (COHEN & COHEN) WHO DREW UP DEED IN DALLAS IN 1991 - CALLED EVERY ATTORNEY BY THE NAME OF COHEN IN DALLAS UNTIL WE FOUND THE ONE WHO REPRESENTED THE LACY1$. SHE SAID THEY LIVE OUT OF STATE AND HAD NO IDEA THE TAXES WERE DELINQUENT. IN 'TAY, 1995 WE COLLECTED NOT ONLY THE DISD AND COUNTY TAXES BUT ALSO THE CITY TAXES IN THE AMOUNT OF $2,255.23 FOR THE YEAR 1992- 1994. • JUST THESE THREE CASES ADD UP TO APPROXIMATELY $7,000.00 IN CITY TAXES THAT BGSM HAS COLLECTED FOR THE CITY OF DENTON IN JUST THE J LAST TWO WEEKS. { i A • • BLAIR, GOGGAN, SAMPSON & MEEKS ATTORNEYS•AT•t-AW A PAPTNLRSHIP I,1CLUOINEI PROFESSIONAL CORPOPAT,N9 ALLIAh2 FINAN04L CEN1-HE. SUITE 120, 2313 BRIAN 5T DALLAS, TEXAS 1P20,26p, 1241 880008, FAX YI.I ]%4116 May 16, 1995 The Honorable Bob Castleberry Mayor, City of Denton and Members of the Denton City Council 901-B Texas Street Denton, Texas 76201 Dear Mayor Castleberry and Members of the City Council; Blair, Goggan, Sampson & Meeks (BGSM) is very pleased to submit our proposal to resume delinquent tax collection services for the City of Denton, Our previous represenation of the City, together with our continued representation of the Denton Independent School District, uniquely positions our law firm to commit substantial resources to the collection effort and resume our operation for the City in a manner to ensure maximum collections. We are fortunate to continue our affiliation with the fine Denton law firms of Curtis M. Loveless ! and Mike Gregory for submission of this proposal, These firms will serve as BGSM's local ! counsel if we are engaged by the City. Mr. Loveless and Mr. Gregory have practiced law in Denton since 1969 and 1974, respectively, and both maintain their own law office in Denton, They assist BGSM in monitoring and implementation of our program by serving as liaisons with the local bar, press, judicial and other courthouse officials. Both are active members of the :ommunity and their assistance in our collection effort significantly enhances our program. CstDevhmEsarlence for the ity of Denton BGSM, along with local Denton attorneys Mike Gregory and Curtis Loveless, represented the City of Umton, from July 1986 through June 1993. During that time, we collected $5,446,106 in delinquent taxes, penalties, interest and attorney fees for the City, filed 1,324 lawsuits and • mailed over 11),000 demand letters. In spite of a current year "turnover" that decreased 43% over our last tour years of representation, we were still able to consistently increase delinquent collection effectiveness. The City also recognized an increase in the current year tax levy collection percentage from 95.867o in 1986, when we were first retained, to 97.95% in 1992- 1993, • In 1992, BGSM was successful in also being hired by the Denton ISD, who had been previously • • represented by McCreary, Veselka, Bragg & Allen. During the first 12 months of our 1 ACP'r, Au511N OINTON v P W5 t1.L 5U~TE race 2i5 LITILL1 SN[RNAN OR[O SYCN ON YtU, H „ AS 1C YE L N CT OT N 91 BI GREE STONEWALL SE, 126 e „rqn AUSTIN. TEXAS TSi O N ? . 78101 SH [RMAN 3 TEXAS kg I60 BENS 013P 10414TSYY2) ($I JSO4460 A400 OPINVILL[ T[YAS 15404 1 ° 450" (4y(5121 4788100 Mk tln13SP;tl¢p FAR ~SO0100 tl0600 (90314542059 n..B O"/ J6C' IAk 1iOJ14549050 0 O • c,. • i; representation of Denton iSD, we achieved an 18% increase in collections, which resulted in an additional $222,159 in revenue for the Denton ISD. We are proud of our success at both the City of Denton and Denton ISD, however in July 1993 the City chose to change law firms to McCreary, Veselka, Bragg & Allen, and their newly formed joint venture with the local, politir„,'/ •ive firm of Hayes, Coffee & Berry, We v, , t ophasize to the City of Denton that we have always valued our relationship with the t; •f Denton and the opportunity to effectively represent the City. We greatly regret that in spite of our performance, the City chose to change law firms. At this time, we appreciate 1 the opportunity to submit our proposal and would welcome the chance to once again represent / the City of Denton. BGSM's established presence in the Denton community will Immediately be put to use for the benefit of our City of Denton collection program. We once again pledge to the City of Denton to provide the highest level of performance and conduct our program with the highest degree of professionalism, QUeetion Performauc 1 Collection performance is the single most important issue when choosing a delinquent tax collection law firm. BGSM Is the most successful delinquent tax collection law firm in Norlh Texas, It is critical that the City of Denton hire the law firm that can collect the most delinquent revenue, and this proposal offers the strongest and most effective program available to the City. Beginning in 1986, when the City contracted with Heard, Goggan, Blair & Williams (HGBW) for delinquent tax collections, the revenue collected on behalf of the City consistently increased each year. In 1993, HGBW reorganized in North Texas and began operating locally under the name Blair, Goggan, Sampson & Meeks (BGSM). BGSM's ability to collect delinquent taxes more effectively than other law firms Is well documented throughout North Texas. Included at the end of this letter are two charts that compare our delinquent tax collections for Denton ISD to that of the City's current law firm for the period 1993-1994 and for the most recent nine months of 1994-1995, Using verifiable statistical performance data. BGSM can demonstrate that if we had collected the City of Denton at the same level that we are achieving for the Denton ISD, the City would have recognized an additional $62,172 over the last 21 months, which includes the last full collection cycle (July 1993 - June 1994) and most recent nine months of the current collection cycle (July 1994 - March 1995). BGSM's collection program has also proven to be effective for both Dallas and Tarrant • Counties. We have suer fully represented Dallas County since 1984 and have collected over $123 million in delinquent taxes during this time. Also, we have represented Tarrant County since 1982 and have collected over $84 million. For more than a decade, BGSM has successfully collected delinquent taxes for counties in North Texas. We are confident that we can Increase the level of collections for the City of Denton from that currently being recognized. ~ a e e J t e o • - q • r Proposal Overview and Collection Appal The enclosed proposal tells our story in detail. We have attempted to provide a proposal which fully, yet briefly, responds to the information requests of the RFP and completely describes our delinquent tax collection services. Section I provides an introduction to our law firms and performance charts which demonstrate BGSM's exceptional effectiveness for our clients. Included in this section is a letter from the Denton ISD Tax Assessor which affirms the effectiveness of our program. SA Lion tI provides information about our Denton and North Texas (Dallas) Rellional offices and Includes resumes of the prWtd team who wdll work with the City. Our comprehensive scope of services is included in Section Ell. Section IV provides an overview of our state-of-the-art data processing capabilities, BGSM's affirmative action 1 and equal opportunity programs are outlined Section V. In Sectlun V1 we offer performance criteria by which the City can effectively judge the success of a delinquent tax collection arrangement. To address the City's expectations of the law firm's activities, Section VII affirms BGSM's willingness to abide by the duties listed in the RFP. The last section, Section VM, r provides a method of payment for our services. i ~ Blair, Goggan, Sampson & Meeks, along with Curtis Loveless and Mike Gregory, are proud of our past record of collection performance for the City of Denton and our current efforts on behalf of Denton ISD. We once again offer the City an exceptional collection program which, as evidenced in direct comparisons with the efforts of your currant law firm, will increase the City's delinquent revenue collections. f We would consider it a privilege to represent the City of Denton and look forward to discussing 1 this proposal with you and addressing any questions you may have. If the City should revise its criteria at any time during the selection process, we would welcome the opportunity to negotiate any additional desired services or enhancements with the City. We appreciate your consideration of our proposal. Sincerely, • DeMetris A. Sampson Partner cc: Tom Shaw, Purchasing Agent 1 0 e Delinquent Tax Collection Comparison BGSM vs. MVBA 'Collection Shortfall: - ~ - - ~ ~ $349762 Denton ISD 1 12 6,39 °l0 Due to Lower Performance by I McCreary, Veselka, Bragg & A11en 25% City of Denton 120% 116,96% A MVBA BGSM 1 [ ur,~ - - - Percent Collected of Current Year Turnover 7193.6194 ` Snorcv: C'Ity of Moron "Tux Altornvv Colieclion Report" Demon ISLE "Monthly Tax Coilectlon Report" ,C e Delinquent Tax Collection Comparison BGSM vs. MVBA Nine Month Collection Shortfall; - 2 410 Denton 1SD + Due to Lower Performance by 105.24% McCreary, Veselka, Bragg & Allen 105% City of Denton 100% 96.72% 957( 1 C MVBA BGSM ' s o go% Percent Collected of Current Year Turnover 7194 •3195 Soured. Cll) of Denton "'Aix Attorney' Gaileetlon Report" Defit nn IS 1) Alonthly Tax C(Olectlon Report" i~ id 0 s s M TABLE OF CONTENTS i Highlights of the Proposal I, Experience of the Firms (RFP Selection Criteria 1,2) . , , , 1 Introduction to the Law Firms , , , , 1 Collection Performance , , . , , . , , " , , , , , 2 Client References (RFP Selection Criterion 2) . . . . . . 6 11, Project Team and Offices (RFP Selection Criterion 4) , . , , . , , , , , , , 7 I BGSM Menton Office 7 BGSM North Texas (Dallas) Regional Office . . . . . . . . 7 Project Team for the City of Denton . . . . . 8 I Ill. Approach to Providing Services (RFP Selection Criterion 3) , . 18 Workplan and Methodology . . . . 19 Customized Workplaus . . . . . 20 Taxpayer Notification Program 25 Address Research/Taxpayer Location Program . 29 Taxpayer Assistance Program . . . . . . . . . . . . . . . 33 Litigation Process , , . 35 Reasons to File a Lawsuit . , , . , , , , , , , , , 36 Procedures Followed in Preparation and Filing of Lawsuits 37 Seizure of Delinquent Business Personal Property Accounts , 39 Bankruptcy Collections . , , , , , , , , , , 40 Federal Agency Collections . . . . . . . . . . . . 42 f Public Service Information . . : . : 43 t Ancillary Legal Services „ . , . , , , , , , , 43 Management Information Reporting and Coordination , . , , . , , , , 43 IV, Data Processing Capabilities (RFP Selection Criterion 3) . , , 45 Data Processing Approach . . . . . . . . . . 46 • Delinquent Tax Collection Support Systems . . . . . 46 Automated Case Tracking System , , , , , , , , , , , , , , , , , 47 Automated Bankruptcy Tra;king System . . : . . . . . . 47 Data Processing Hardware Resources , , , , , , 48 } V. Equal Employment Opportunity and Affirmative Action , , . , , . 53 • 1 V1. Suggested Performance Criteria . . . . . . . . 55 • r Performance Commitment 56 I • D • . r VII. Division of Responsibilities . 58 Responsibilities or the Law Firm 58 Responsibilities of the City of Denton 59 VIll. Attorneys Fees . . . . . . Appendix A. Client Listing Appendix B. Sample Letters r E i L I f I I 0 o ~f f~~ A G) Highlights of the Proposal • Blair, Goggan, Sampson & Meeks (BGSM) has achieved unparalleled success in the field of delinquent tax collection in Texas. Since 1992, BGSM has represented Denton ISD and has collected over $5 million for the School District, Additionally, during the first 12 months of our contract BGSM increased revenues for Denton ISD by $222,159 over that achieved by the School District's previous law firm, McCreary, Veselka, Bragg & Allen. • Because of our current representation of Denton ISD and our previous representation of the City of Denton, no other law firm is more familiar with Denton taxpayers and the community. BGSM's established presence in the Denton community, and the close working relationships we have developed with the City Tax Office and Courts, ' ensure the transition will be accomplished smoothly and quickly, with minimum disruption to the Tax Office, BGSM is completely prepared to commit our substantial resources and expertise to implement a successful collection program for the City of Denton. • BGSA1 offices are strategically located In six (6) cities throughout North Texas, including Denton, Dallas, Sherman, Fort Worth, Greenville and Austin, Our Denton office, which is supported by our North Texas (Dallas) Regional office, will be assigned to represent the City of Denton, Gary Bennett will serve as our lead attorney responsible for representation of the City, • The Denton law firms of Curtis M. Loveless and Mike Gregory will assist BGSM in providing the City of Denton with the most effective tax collection services possible, As local counsel, these attorneys provide an increased level of local expertise which will enhance our delinquent tax collection program for the City. • BGSM represents more than 50 taxing units in North Texas, Including Denton ISD, Denton Road and Utility District Hl (RUD) and the Town of Bartonville, as well as both Dallas and Tarrant Counties, as well as many other taxing units in North Texas including the cities of Dallas, Carrollton, Arlington and Sherman. Because of our size, 1 we have the depth of staff and computer resources to tailor our collection program 1 specifically to meet cite needs of the City of Denton. 1 • Our collection program comprises an Innovative mix of diverse disciplines including computer science, telephone collections, properly ownership and location research, traditional trial advocacy, post-judgment enforcement, bankruptcy representation, federal agency collection efforts and seizure activity. Our collection program Is designed to serve as an extension of the client's tax office and, by virtue of our complete c:dleetion services, will be able to reduce ilie burden on the City staff. ~ 0 A i M 0 • • + Our data processing capabilities are "second to none" In the field of delinquent property tax collection. Our management reporting, case tracking and document production and bankruptcy tracking systems all demonstrate the sophistication of our computer applications in the field of delinquent tax collection. P.'e regularly provide information to our clients which assists them in their budgeting, forecasting and management of their governments. + We believe that to represent our clients effectively, we must be involved in the community. Examples of our law firm's community involvement throughout the Denton area are participation in Chamber of Commerce activities, the BGSM/Honeywel} Teacher Mini Grant program, the Denton Special Olympics, our adopt-a-school program, contributions to United Way and other community groups. • An Austin office Is maintained by BGSM to keep abreast of the latest legislative matters, Attorney General opinions, and interpretations of the Property Tax Division of the State Comptroller's Office and the decisions of the Supreme Court of Texas, J Through this office we are available to provide legislative assistance to all of our clients. R 1 • 1 • ca • ,tr a I. EXPERIENCE OF THE LAW FIRMS (RFP Selection Criteria 1,2) { 1 JN1RODUCTJ0N_TO THE LAW F RMS Blair, Goggan Sampson & Meeks Blair, Goggan, Sampson & Meeks (BGSM) is a statewide law firm principally engaged in the collection of delinquent ad valorem taxes with extensive experience and credentials in collection services and collection software. BGSM is considered the leader in delinquent tax collections in North Texas by collecting more tax revenue, by far, than any other law firm. Our law, firm originated the philosophy of designing tax collection programs that maximized revenue at the least cost and administrative burden to the client. By pioneering a high technology approach to the delinquent tax collection process, our law firm became the first to offer a state-of-the-art collection program that was aggressive, but fair, and met the individual needs of the client. Our collection program is comprised of an innovative mix of diverse dLseiplines including telecommunications, mass and specialized mailings, address and ownership skip tracing research, traditional trial advocacy and post-judgment enforcement. We tailor our collection program to meet the individual needs of each client. To ensure fairness and equity, BGSM provides taxpayer assistance in each office and information for the taxpayer in both English and Spanish. BGSM's professional staff of 75 persons is comprised of attorneys, certified public accountants, system designers, analysts, computer programmers, managers, finance specialists, public j relations specialists, paralegals, collectors, researchers, clerks and secretaries. In order to serve 11 our clients, the BGSM staff is strategically located in six offices througho , North Texas, Our offices are located in: • Denton • Sherman • Dallas • Greenville • Fort Worth • Austin Curtis M. Loveless and Mike Gregory • Our associated attorneys, Curtis M. Loveless and Mike Gregory, are two fine Denton attorneys who will enhance our collection program and assist with our community efforts, They will monitor the project and act as liaisons with local officials. Both attorneys will be in a position to advise BGSM regarding local concerns. As local attorneys with established practices in Denton, both lawyers have effective working relations with judges, clerks, deputy sheriffs and ® constables in Denton County, who are necessarily involved in the collection process. These • • attorneys bring an increased Irvel of local legal experience which aids BGSM in enhancing its Page I • O r • • delinquent tax collection program for the City. They also assist in litigation matters. In addition, Mr. Loveless and Mr. Gregory act as liaison for taxpayers, when necessary. COLLECTION PERFORMANCE BGSM's ability to collect delinquent taxes has been demonstrated in the City of Denton, Denton ISD and numerous other cl ients in North Texas, The following charts compare our effectiveness to that of the City's current firm, McCreary, VLselka, Bragg & Allen (MVBA). The undeniable conclusion to be drawn from these comparisons confirms the superior collection performance of BGSM, S'_oll ton Efiectivpnacc Rrcti• VB Chart I & 2 Delinquent Tax Collection Comparison and Table I & 2; BGSM's ability to collect delinquent taxes for our clients in Denton is proven to be more effective than that of our competitors. These two charts and supporting tables compare the effectiveness of delinquent tax collections by BGSM to that of MVBA for the City of Denton for the last full collection cycle (July 1993 - June 1994) and the most recent nine months of the current collection cycle (July 1991- March I995). Effectiveness is determined by dividing the total delinquent collections achieved by each law firm by the current year base tax turned over to each law firm on July 1, As you can see, if the City of Denton had been collected with the same effectiveness achieved by BGSM for the Denton ISD in 1993!1994, the City of Denton would have recognized an additional $34,762 In delinquent revenue. In the most recent nine months, BGSM continues to more effectively collect Denton ISD taxes, Comparing each law firm's respective percemages shows that the City would have recognized an additional $27,410 If collected at the same level as Denton WD daring the past nine months, July 1994 - March 1995. Over the preceding 21 months, the City of Denton has experienced a "Collection Shortfall" of $62,172 due to delingtsent taxes not being as effectively collected as that achieved by BGSM for Denton ISD, f { Page 2 f 1 r~ r Delinquent "Fax Collection Comparison BGSM vs. MVBA Collection Shortfall: - - Denton ISD 34J62 126.39% Due to Lower Performance by 1 McCreary, Veselka, Bragg & Allen 125% City of Denton 12044 116,96% i 1 11544 MN'BA r m I I04c - / BUSM Percent Collected of Current Year Turnover 7193 • 6194 Sip urrer ('H of Uertlarr "'('ax Altorrre}' Collecllon Reporl" 1) eotort 1SD "lioulltI% Tnr Collecllon Report" j i +4 ;1~ 0 Delinquent Tax Collection Comparison BGSM vs, MVBA ~ 1r Nine Month Collection Shortfall; $279410 Denton ISD Due to Lower Performance by 105.24% McCreary, Veselka, Bragg & Allen 105% City of Denton r 100% o t ~ 9b,72 /o 95% l/ 901, - MVBA BGSM . q Percent Collected of Current Year Turnover 7194.3195 Snur'ce: ('111' nP Dentun "'I'nx Aitorney Cuilection Report" IhIilun ISD "11unthl}' Tax Coilecllun Report" N ~ a I o • s Delinquent Tax Collection Comparison r BGSM Performance for Denton ISD VS. MVBA Performance for City of Denton Collected By: MVBA/BGSM BGSM Taa Year 1993/94: iiCurrent Year Turnover $368,753 $1,047,300 - (Total Base Tax turned j' over to Attorney 7/0S) it I Collections $431,298 $1,323,662 (Total[We lax+P&t collected 7/1/93-00/94) - j-j f Effectiveness J 116.96% 126.3996 City of Denton Collection Shortfall: Additional Revenue if BGSM had collected for City: rr $34 762 1-- • f Notes: 1993/94 Tax Year Collected by MVBA and BGSM. MVSA collections: $336,610 (78% of total collections) BGSM collections: $ 94,688 22%n of total collections) ® Collections do not include PeterbiIt payment. • • Data Source: City of Denton 'Tax Attorney Collection Report" l Denton ISD "Monthly Tax Collection Report" I • Q • tea • Delinquent Tax Collection Comparison BGSM Performance for Denton ISD vs. MVBA Performance for City of Denton Collected By: MVBA EIBGSM f Tax Year 1994/95: Current Year Turnover ('Total Base'I'ax turned $321,757 $929,916 over to Attorney 711/94) LCollections f $311,208 $978,647 (Total Base Tax + P&I (9 mo collections collected 7/1/94-3/3105) ) (9 mo caUeclions) Effectiveness -96.72% 105.24% t Nine Month City of Denton Collection Shortfall.: Additional Revenue if BGSM had collected for City: X27 41U d r • • Data Source: City of Denton 'Tax Attorney Collection Report" Denton ISD "Monthly Tax Collection Report" i • L. ~ • r Chart 3: RGSM Delinquent Collections for Denton ISD ■ Our performance for Denton ISD Is particular!y relevant to the City of Denton. The School District's delinquent tax roll is comprised of the majority of same delinquent accounts as the City's. This common base of delinquent taxpayers and accounts allows for a direct comparison of effectiveness between the collection program of City's current law firm (MVBA) and BOSM, Denton ISD retained 30SM to collect delinquent taxes in January 1992 after using McCreary, 1 Veselka, Bragg & Aden for a number of years. During our first year, BOSM increased delinquent collections 18% over McCreary's last year of collections, This increase resulted in an additional $222,159 ht revenue for the School District, We have continued to effectively collect delinquent taxes on behalf of Denton ISD and would invite ynu to contact Kathy Arrington, Tax Assessor-Purchaser, at the Denton ISD to discuss any aspect of our program, 1. 1. 1 • - Page 3 I I) y • i h R9 Denton ISD Collections Blair, Goggan, Sampson & Meeks Increases Collections 7.83% Blair, Guggrrn, Sampson lin First Year After MVBA 4eeks McCreary, Veselka $1,4689290 .5 Beck & Allen $1,216,131 i~ f 0.s f o J 1/91.12,191 1/92.12/92 During Contract with McCreary, Veselka, Beck & Allen During Contract with Blair, Goggan, Sampson & Meeks ;a • et► • Charts 4fi: Recent Collection Comparisons with Competing Law Firms In addition to Denton ISD, we have found that cUents which have switched to BGSM after retaining other law firms have consistently achieved significantly higher collection rates In ! the year following the change. Recognizing that the City of Denton is attempting to evaluate and quantify performance from various law firms, we are including the following information and charts for three jurisdictions which have become BGSM clients within the past few years. These recent performance measures will graphically demonstrate the superior collection results achieved over each client's former law firm. In each case, after BGSM was retained, collection performance dramatically increased. BGSM's increased collections is shown below: CLIENT BGSM PERCENTAGE M~160,213 FORMER LAW FIRM INCREASE ! Lancaster ISD 15.2% Perdue, Brandon, Fielder City of Arlington 11.3% Perdue, Brandon, Fielder E Grand Prairie ISD 41.3% Wright & Associates j ! We would encourage you to contact any of these clients concerning our continued high performance on tkrir behalf, and also about the superior level of support, both in personnel, litigation and technology, which they receive from our law firm. We are confident that if BGSM were retained, the City of Denton would once again experience these enhanced collections as demonstrated by other taxing entities that have switched to BGSM, i i ! • Page 4 0 r Lancaster I5D Collections Blair, Goggan, Sampson & Meeks Inc.l-c"tses Collections Q M20 I~ Mail-, Gog};art, Sampson uin First Year of Contract K >Aleeh 750 $691,770 $600 676"°A any y r, I , I k $250 r e $t, 10192.9193 10!93.9/94 Prior to Contract with B(;Sh1 QM First Year of ('onLraet with BGSNI r'. n n City of Arlington Collections Blair, Goggan,-- Sampson & Meeks Increases Collections 11.3.%v in First Year After PBF Blair, Cay;gfni, .tinmpson & Meeks I I'crdue. nr<ndoi & $2,072,744 Fielder $2.100 $1,8620, 165 . f $1,600 t $t, 1110 A $600 ~ $ I I c $ 100 ® O ® During Contract with Perdue, Brandon & Fielder DtIring Conlract with Blair, Goggart, Sampson & Meeks t 0 c0 Grand Prairie ISD Collections Blair, Goggan, Sampson & Meeks Increases Collections 41927% in First Year of Collections $890J59 x'750 ! $63U 526 `'k7 1 y $500 Y I !yf All 1 J $250 r t l--- 7/92.6193 7/93.6!94 C I $0 1 O Prior to Contract with I3GSM h During First Year or Contract with BGSM ` s 0 • • Charts 7-8: Historkai Collection Performance BGSM has represented the largest taxing Jurisdictions in North Texas since the early 1980's, and has consistently exceeded our own high level of service and collections for Dallas and Tarrant Counties which are presented on the following charts. We are also extremely proud to report that these clients have recently renewed or extended their contracts with BGSM. We believe our superior level of support and performance on behalf of these clients has been confirmed by these renewals. 1 [ [ [ [ 1 • [ - Pages Dallas County Comparison of Delinquent Collections July 1984 to June 1994 NJ iIIioits Total Collections: $1231447,991 16 1 till CI t 14 yl ~ n yl i'lrr,".,1 l'l l^,i ~l 1() 5 14 i 4ti' I I l 12 1 .I ti'r I i I ll ~,R I 1 i"..I I I i ~ I 8 r t nn" I i 6 I I 4 2 n 1 ! 11~- 7 7 ,tip. 7 RV- 7 411. 7 V l 7 '1 ~ ? y 3. f, ,w b h S I~ .C 8 (i H 4 R J11 (i 4 I (i 'r ' h 4 ( ullerliuns Irrinr lu hm Kirin ('ulhccinn~ 1011 In1+ firm r r, i Blair, Goggan, Sampson & Meeks Tarrant County Comparison of Delinquent Collections July 1982 to Ju11r 1 QQ4 MiIIions Total Collections: $36,528,199 \S 15 1 1 "ir l 1 i 7') 1 1 19 I y i K} 11451 14 7.t",~ I \4' M1 .'7 X1,:8 41 tU 14119°ii 1 1'I 10'r-o) ('1 1 ~ubl i I a.I i"~,I \.1 uD I: S:"ml 1,,1 1 ~I'Cl ui 1I~~II"nl C• I ~5hun p+nl rlun•ti \I RI 7 8; 1183- 7184- 7+95 738(1 7187- 7788- 7189• 711)0 7191- 739? 7191- 14f1 G141 hl4? 614; 6194 6 M' f, M 1 1!84 6!85 6!86 6187 0188 h!89 0 -r, %I, II nr... nifi Idnanl 1 ~rurlt~ , 111, l ,li,li. I'+i,l la liim -f nllcclinn h lu liIm i • r CLIENT REFERENCE (RFP Selection Criterion 2) BGSM prides itself on its long-term client relationships and its unique knowledge of the North Texas area, Our clients have found a successful, long lasting relationship with BGSM provides the highest quality and best performing tax collection program available. By focusing our service area on North Texas, we have developed extensive relationships with the court systems, federal agencies and government officials of North Texas which benefit all of our clients. The success and effectiveness of BGSM's delinquent tax collection program is best stated in the words of our clients. Since 1492, BGSM has represented Denton ISD and improved the School f District's level of collections over those of their prior firm, McCreary, Veselka, Bragg & Allen, Ms. Kathy Arrington, the School District's Tax Assessor-Purchaser, has worked with both law firms. Her letter of recommendation on the following page affirms the effectiveness of our delinquent tax collection program. As evidence of our superior coilection program, we offer the change made by Denton ISD to use BGSM and Ms. Arrington's letter of recommendation. No better comparison of performance is available than a Jurlsdktlon which has contracted with both law firms. As requested in the RFP, we have provided a list of all our current clients in Appendix Fallowing our current client list is a list of former clients. We encourage you to conttDenton ISD or any of our other clients for verification of our excellent perft-mance. I i i r • [ Page 6 f • csa • 1 May 11, 1995 TO WHOM IT MAY CONCERNi ret Letter of Recommendation This letter is to recommend the Law Firm of Blair, Goggan, Sampson i Meeks. This firm has represented the Denton Independent School District since 1992 in the collection of delinquent taxes, During this period, the overall turnover of delinquent taxes by the school to the firm has declined. However, even with the decline the firs has consistently maintained a high level of collection. Blair, Goggan, Sampson i Meeks has always treated our taxpayers in a fair and courteous manner. They are aggressive, and yet they have been effective in negotiating payment arrangement with hardship cases. In all respects, the firm, with its local office, has served us well and I can recommend their performance to other entities in need of collection services, N The firm was recently the recipient of our Certificate of " Appreciate for exemplary efforts in support of Denton Public schools. q sincerely,) !lathy r ington Tax Assessor/Purchaser Denton Independent School District 1 i W 11. PROJECT TEAM AND OFFICES (RFP Selection Criterion 4) r Realizing the importance of accessibility to our clients and taxpayers, BGSM regularly establishes offices in our clients' jurisdictions, These offices provide personal service to our clients and taxpayers. BGSM's Denton office has served the Denton community for nine years, thus we have clearly met the City's criteria for establishing an office in Denton (RFP Selection Criterion 4). Our North Texas Regional Office, located in Dallas, provides legal, administrative and collection support to all of our offices. BGSM Denton Office Our law firm established an office In the City of Denton In 1986. The office is located at 326-G East McKinney Street (directly across from the Civic Center), and is accessible to taxpayers, City Hall, County Tax Offices and the Denton County Courthouse. SGSM's Denton office is managed by Ms, Debbie Patton, who oversees and conducts the day- ~o-day delinquent tax collection program, interfaces with the Denton Independent School District, the Denton County Tax Office, the Courts, and Denton Central Appraisal District and deals directly with delinquent taxpayers. ohe is assisted by a litigation assistant and a research assistant. Not only have our collection efforts created an increase in revenue for the Denton ISD, but our presence supports many other local businesses, vendors and suppliers. Since 1986, BGSM has had an extremely positive financial Impact on the Denton community, BGSM's expenditures in Denio,t include payments for such items as salaries, rent, office supplies and services, equipment purchases, )easing and maintenance contracts, telephone and utilities. In addition, we have made contributions to such charitable organizations as the United Way, the Denton Fire Department's fire safety and prevention program and United Care of Denton. Our law firm also supports the Denton Chamber of Commerce and the teachers of the Denton ISD through our contributions to the BGSM/Honeywell Teacher Mini Grant program. JBGSN North Texas (Dallas) ReElonal Office i Our North Texas (Dallas) Regional Office, established in 1983, has a fine reputation of maximizing delinquent tax collections for taxing units throughout North Texas, Its staff of 35 tax professionals consists of attorneys, paralegals, litigation assistants, collectors, researchers, data specialists and administrative personnel, who provide in-depth support to our Denton office and thereby extends their managerial, collection, research and litigation capabilities. We maintain a toll-free telephone service (800!4414W) to the Dallas office for the use of Denton residents (RFP Selection Criterion 4), ® The collection efforts of our Denton office are further enhanced by the support of our statewide - Page 7 f i • O • d • management, data processing and lawsuit production staffs, Our data processing staff includes over 40 programmers and Icchnicians who perform mailing activities, produce lawsuits, conduct tax roll analysis, provide lawsuit tracking information and create reports and listings utilized by the Denton office in the collection of taxes. In total, over SO of the law firm's personnel will be associated with the City of Denton collection program, PROJECT TEAM FOR THE. CITY OF DENTON Blair, Goggan, Sampson & Meeks (BGSM), Mike Gregory and Curtis M. Loveless will work together to provide the best possible delinquent tax collection program for the City of Dento.t. Mr, Gary Bennett, of BGSM, will be assigned as the lead attorney to represent the City of 1 Denton. The management team who will be responsible for the design and implementation of the Denton workplan is provided below: DeMetris Sampson Partner Steve Meeks Partner Nancy Primeaux Regional Manager Gary Bennett Lead Attorney Beth Weller Bankruptcy Attorney -ice Peggy McCormick Data Manager Debbie Patton Denton Office Manager Mike Gregory Local Counsel Curtis M. Loveless Local Counsel MLA Local Counsel Mike Gregory and Curtis M. Loveless will serve as BGSM's local counsel for our contract with the ("it), of Denton, It is our law firm's practice to affiliate with local attorneys who bring a unique local perspective to the collection of delinquent taxes and provide a broad range of liaison and oversight functions. BGSM has joined with Mr, Gregory and Mr. Loveless to • provide the highest quality collection services for the City of Denton. These attorneys bring an increased level of local legal experience which will aid AGSM in enhancing our delinquent tax collection program for the City. They will assist BGSM in the monitoring and implementation of this program by serving as liaison with the local bar, press, judicial and other courthouse officials. In addition, as our local counsel, Mr. Gregory and Mr. Loveless will act as l ombudsmen for taxpayers when necessary. ~f Page 8 • 0 a • Resumes of Kev Iudividu Lc We have included for your review the resumes of all key managerial staff which will be assigned to our City of Denton collection efforts. Throughout the year, BGSM utilizes many part-time employees to assist with collections, research and special projects; however, all positions listed in this section are full-time in nature. In total, over so of our taw firm's personnel will be associated with our City of Denton collection program in one capacity or another. BGSM's collection prcb•am is the combined effort of our Denton employees, North Texas (Dallas) Regional Office employees, our metroplex attorneys, bankruptcy and management team, computer professionals, administrators and the BGSM partners. Our data processing support Is provided by our subsidiary company, Untied Govenunental Services of America, Inc. (UGSA). Our law firm has pioneered the application of high technology in the field of delinquent tax collections and has invested millions of dollars to develop the latest and most successful computer and communication technology for the specialized purpose of collecting taxes. Key members of our staff of 40 computer professionals are filso listed, together with their qualifications and biographical information. The resumes of these key individuals are included for your review in the following order: Local Counsel: Mr. Curtis M. Loveless and Mr. Mike Gregory BGSM Partners and Attorneys North Texas Management Team Denton Office Personnel North Texas Bankruptcy Division Data Processing Specialists • • . • Page 9 • LOCAL COUNSEL Curtis M. Loveless, Denton Attorney, is a life-tong resident of Denton and graduated from Denton High School in 1%2, Mr. Loveless was admitted to the Bar in 1%9 after receiving his t B.B.A. from the University of North Texas and his J.D. from the University of Texas at Austin. He is admitted to practice before the U.S. District Court, Eastern District of Texas, and is Board Certified in Family Law by the Texas Board of Legal Specialization. He is a member of the 1 Denton County Bar Association, the North Texas Bar Association and the American Bar Association. He is also a member of the Family Law Council of the State Bar of Texas, the American Academy of Matrimonial Lawyers, and is on the Board of Directors of the Texas Academy of Family Law Specialists. Mr. Loveless has served on the Texas Supreme Court Committee on Child Support Guidelines, the Manual Revision Committee of the Texas Family Law Practice Manual and the Planning Committee for Marriage Dissolution Seminar. A speaker at the State Bar of Texas Continuing Legal Education Seminars, Mr. Loveless is also author of numerous articles and was recognized in the 1989-1990 edition of "Best Lawyers i,i Texas." Mike Gregory, Denton Attorney, is also a native of Denton. He graduated from Denton High School in 1%3 and was admitted to the Bar in 1970 after receiving his B.B.A. and J.D. from I the University of Texas at Austin. After serving as a lawyer and military judge in the U.S. Marine Corps, Mr, Gregory commenced his law practice in Denton in 1974. H, is admitted to practice before the U.S. Supreme Court, the U.S. District Court, Northern Ci strict of Texas, the U.S. Court of Military Appeals and is Board Certified in Family Law by vie Texas Board of Legal Specialization. He is a member of the American Bar Association and a member and Past-President of the Denton County Bar Association. Mr. Gregory is also a member of the State Bar of Texts, Past-Director of the North Texas Family Law Specialists Association and is Past-President of the Texas Academy of Family Law Specialists, Ile is a past member of the Denton lSD Board of Trustees, the Board of Directors of Big Brothers/Big Sisters of Denton County and the Board of Directors of SPAN, He has been involved in fund raising for the YMCA and the Boy Scouts of America and is presently serving as chairman of the Board of Trustees of First United Methodist Church, A speaker and Continuing Legal Education instructor, Mr. Gregory is author of numerous articles and has received the American Jurisprudence Award. Mr. Gregory is a member of the Denton Chamber of Commerce. • f~ l 1 1 - Page 10 1 t A • i BGSM PARTNERS AND ATTORNEYS Stephen S. Blair, Partner, was admitted to the Bar in 19,67 after receiving his B.A, and J.D. from the University of Texas at Austin. Mr, Blair serves as the Affirmative Action Officer of our law firm. He served as General Counsel and Affirmative Action Officer to the Texas Education Foundation, Inc., where he gained substantial experience in administering multimillion dollar government contracts, Mr. Blair is a former Assistant District Attorney for Jefferson County, He is admitted to practice before the U.S. District Court, Northern District of Texas. Mr. Blair has lectured on ad valorem taxation for }he State Bar and is a co-author of a Mat- thew-Bender text on ad valorem taxation. Lie has 14 years of experience in delinquent tax collection, Thomas S. Goggan, 111, Partner, was admitted to the Bar in 1967 after receiving his B.A. and J.D. from the University of Texas at Austin. He is active in the establishment of our law firm's litigation policies and represents our clients at the appellate level in complex tax cases. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, and has litigated complex tax cases, both jury and non-jury, in the district courts, the Court of Appeals, the Supreme Court of Texas and the Supreme Court of the United States. He is a member of the Civil Appellate Law Advisory Commission for the Texas Board of Legal Specialization and has also served on the State Bar's Committees for Continuing Legal Education, Administration for Justice and Administrative Law. Mr. Goggan is an author and lecturer for the State Bar of f Texas Professional Development Programs, and has lectured on ad valorem taxes for the Stale N Bar Advanced Real Estate Law Course. Mr. Goggan is a co-author of a Matthew-Bender text on ad valorem taxation. He is a member of the Phi Delta Phi legal fraternity, Mr. Goggan has more than 14 years of experience in delinquent tax collection. DeMetris Aquills Sampson, Partner, is responsible for oversight of our law firm's tax f litigation program in the Dallas area. She is in charge of partnership matters in the North Texas Regional Office and serves as the office's Affirmative Action Liaison Officer, Ms, Sampson was admitted to the Bar in 1980 after receiving her B.B.A, and her J.D. from the University of Texas at Austin, Sloe also received her Master of Laws in Taxation from Southern Methodist University School of Law. Her experience includes serving as an Assistant City Attorney for the City of San Antonio, serving as Chief Counsel to the Texas House of Representatives Judicial Affairs Committee, serving as an Assistant District A.,torney in Dallas County and being 0 j engaged in the private practice of law. She is admitted to practice before all courts of the State I or Texas, the U.S. Fifth Circuit Court of Appeals, the U.S. District Court, Northern District, i and the U.S. Tax Court, Her professional involvement includes and has included active ■ participation in the Dallas Bar Association, Texas Bar Foundation Fellow, Inn of Court, and the fast-President cf the J. L. Turner Legal Association and the Dallas Association of Black Women Attorneys. Ms. Sampson's community involvement is extensive and includes serving on the East Texas State University Board of Regents, the City of Dallas' Domestic Violence Task Force, 0 0 the St, Luke "Community" United Methodist Church Board of Trustees and, until recently, the - Page I I 1 O 0 • a • Dallas Area Rapid Transit Board, She has received many awards for her community service. She has been named as a 1990 Outstanding Young Texas Ex of the University of Texas. Ms. Sampson has eight years experience in delinquent tax collection. Stephen T. Meeks, Partner, was admitted to the Bar in 1975 after receiving his B,B.A, and J.D. from Baylor University where he was President of the Student Bar and a member of Phi Alpha Delta legal fraternity, Mr. Meeks is responsible for managing the Tarrant County collection program, fie has been engaged in the private practice of law since 1975 and has 18 years litigation experience and six years delinquent tax collection experience. Mr. Meeks' community involvement includes serving on the YMCA Board of Directors and as a member and former Secretary of the Hurst-Euless-Bedford Independent School District Board of Directors. He teaches "'T'he Texas Property Tax System," an education course designed by our law firth and certified by the Texas Education Agency for school board member accreditation. Mr. Meeks is admitted to practice before the U.S. District Court, Northern District of Texas. His professional memberships include the State Bar of Texas and Tarrant County Bar Association. Gary Bennett, Attorney, will serve as the responsible attorney for the City of Denton, Mr, Bennett was admitted to the Texas Bar in 1980 after receiving his A.A. from Navarro College with honors, his B,A, in Political Science from Austin College in Sherman, Texas, with honors, and his J.D. from the University of Texas School of Law at Austin. fie has served as President of the North Central Texas Council of Governments and u a member of the Sixth Congressional I District Advisory Committee during the 99th and 100th Congresses. Prio; to joining the law firm, Mr. Bennett served as County Judge for Navarro County, He is a membrr of the State Bar Committee on Ad Valorem Taxation, having served on the G nmittee •tince 1989, 1 Mr. Bennett has over seven years experience in tax litigation and he general practice of law, J Fie has first hand experience and knowledge in understanding the prc hkms and concerns of local governments in their efforts to generate revenue. Often he is aske, to speak to civic groups, state, county and municipal organizations on matters concerning tax revenue generation. Mr. Bennett has received various awards and citations, including Who's Who in 'T'exas and Outstanding Young Men of America. 11, Elizabeth "Beth" Weller, Attorney, was admitted to the Bar in 1989 after receiving her WS. in Business Administration from the University of North Carolina at Chapel 161, N.C. She received her 1,D. from Wake Forest University School of [Aw in Winston-Salem, N,C., • where she was a Law Faculty Scholar and Assistant Editor of er~ Jurist. law firm in 1993 and is primarily responsible for bankruptcy lit i ion. Prior eto joining tour law firm, she served as a law Clerk to Judge Steven A. Felsen,hal, United States Bankruptcy Court-Northern District of Texas, Law Clerk for Judge Blackwell Shelley, United States Bankruptcy Court-Eastern District of Virginia, and as Staff Attorney for '.he 41h Circuit U,S. Court of Appeals. She is a member of the State Bar of Texas and the Dallas Bar Association. She is admitted to practice in the State of Texas and the U.S. District Court for the Northern • • • District of Texas. l Page 11 0 0 • _ w Edward L Wz, Attorney, was admitted to the Bar in 1990 after earning his B,B,A, in Finance from Southwem Texas State University and his J,D, from Southern Methodist University School of Law. Pricr to joining our law firm, Mr. Lopez was in private practice in the Dallas area, He is wcll versed in lax collection and litigation and previously clerked with our law firm while 1 in law school. Mr. Lopez is licensed to practice in all state courts and In the federal courts of r the Northern and Southern Districts of Texas, 1 1. 1 1 • , • I Page 13 I 4 A • w • t NORTH TEXAS MANAGEMENT TEAM Nancy R. Primeaux, Regional Manager, North Texas, holds a B,A, in Plan 11 (a liberal arts honors program) and a M.S.S,W. In Planning and Policy Development from the University of Texas at Austin. She has experience In public administration, having served as the Tax Assessor-Collector for the City of Dallas and the Dallas Independent School District. She also has experience as the Director of the Municipal Court System for the City of Dallas atxl as the Grants and Contract Manager for Dallas County. Ms. Primeaux manages BGSM's collection operations in the North Texas region. She co-authored and teaches our law firm's course "The Texas Property Tax System." Frequently, Ms, Primeaux lectures at tax conferences and seminars on collection techniques, privatization of government services, benefits of consolidated collections and other tax related topics. Ms, Primeaux has been named to the Outstanding Women of Texas and is a member of the Texas Association of Assessing Officers (TARO) and Association of Women Executives, She has 12 years of experience in delinquent tax collection. David J. DRrtez, Systems Operations Manager, joined our law firm 14 years ago and was instrumental in coordinating the development of the first computer technology designed for the collection of delinquent taxes on behalf of our law firm. He continues to monitor our law firm's development of new software technology and improvements on existing systems. Mr. Dartez provides consulting services to our clients on their software and computer needs for tax collection and other governmental functions. He has served as Director of Information Services for Bexar County, Project Leader for Philco-Foal at NASA's Manned Spacecraft Center and was Senior Systems Analyst for the City of Houston. Peggy McCormick, Regional Data Manager, holds a B.B.A. degree from the University of North Texas and has 12 years experience In the collection of ad valorem taxes, having served as the City of Grand Prairie Tax Collection Manager from 1989 to 1993 and as the Tax Assessor-Collector of Haltom City from 1987 to 1989. She also worked for the Parker County Central Appraisal District as the Collections Supervisor from 1982 to 1987, Ms, McCormick is responsible for analysis of tax roll data, the upkeep of all data files and assists in management reporting. She is a certified instructor for Texas Association of Assessing Officers (TAAO) and i is a Certified Tax Administrator (CTA), j • 1 Page 14 I yr • DENTON OFFICE PERSONNEL Deborah Patton, Office Manager of the Denton Office, has more than 15 years experience in office management and nine years of experience in the collection of ad valorem taxes. A resident of Denton for 13 years, she is active in her community and is a member of the Denton chapter of Business and Professional Women. She has worked in the areas of delinquent account collections, telephone collections, skip tracing and litigation. Ms. Patton manages the day-to-day operations of the Denton office, coordinates BGSM's litigation efforts and assists taxpayers. Kimberly Erwin, Litigation Assistant, is a life-long resident of Denton. Ms. Erwin graduated from Denton High School and attended Cooke County Junior College where she majored in business administration. She is currently attending the Court Reporting Institute of Dallas. Ms. Erwin assists taxpayers with questions regarding delinquent taxes and payment arrangements. Her other responsibilities include preparing and filing documents and assisting in account research. Sandra Fetta•Wyatt, Research Assistant, has been with our law firm for three years. Ms, Wyatt received her associates degree in Computer Science from Grayson County Junior College. She is certified as an abstractor by the Texas Land Title Association and has nine years experience in abstracting. Ms. Wyatt is a parent volunteer at the Fairview School and serves as a Sunday school teacher at Grayson Bible Baptist Church. I I . 0 Page 15 .r...~«....__._ «w... r...r.-'~_.,.-ter .n•n~-^ _ , d. 0 • a • r NORTH TEXAS BANKRUPTCY DIVISION Sharon FordLtal, Regional Bankruptcy Coordinator, earned her B.S. in Accounting Business Management and her Legal Assistant Certification from Lamar University in Beaumont, Texas. She also has attended Durham Business College in Beaumont. Ms. Fordinal has 14 years bankruptcy experience on both debtor's and creditor's sides and over 20 years experience in Business Management. She coordinates all bankruptcy matters for the North Texas Regional Offices. Her responsibilities include assisting in resolving taxpayer disputes involving application of bankruptcy payments, coding new cases, tracking existing cases, referring cases to litigation and collections when appropriate, training personnel in our bankruptcy tracking system, preparing correspondence and assisting In drafting pleadings. Linda Oslnski, Bankruptcy Clerk, attended Arlington Court Reporting College and earned a Legal Secretary Degree. Ms. Osinski's responsibilities Include researching accounts, preparing Proof of Claims, assisting debtor and creditor attorneys, preparing pay arrangements for debtors, ' attending conformation hearings, monitoring current bankruptcies for post-petition taxes that have become past due and assisting our clients in general bankruptcy matters. Ms. Osinski has two years bankruptcy experience and has been with our law firm for seven months. Ruth Ann Hernandez, Bankruptcy Clerk, has been employed with our law firm for two months. Ms. Hernandez has 12 years experience in collections, foreclosure and bankruptcy in the banking industry. Her responsibilities include reviewing Chapter 13 Plans, attending pre- confirmation hearings, amending Proof of Claims, preparing pay arrangements for debtors, researching accounts, assisting debtor and creditor attorneys, monitoring current bankruptcies for post-petition taxes that have become past due and assisting our clients in general bankruptcy matters. LaVeri Phares, Bankruptcy Litigation Assistant, is a graduate of Brant ley/Draughn Business School and Real Estate College, Ms. Phares works with our bankruptcy accounts, files claims, responds to correspondence pertaining to dismissals and discharge notices and updates our Bankruptcy Tracking System (BATS), Ms. Phares has over three years of experience in delinquent tax collections. l ~ • • • r Page 16 I • • DATA PROCESSING SPECIALISTS Richard H. Pachecano, Director of Data Processing, received a B,B,A, in Accounting and Business Data Systems from the University of Texas at San Antonio, He joined our law firm in 1983 and is responsible for the direction and management of all phases of the law firm's computer support organization and manages a staff of 43 computer professionals. Mr. Pachecano also participates in marketing efforts of the law firm by working with senior client staff members and elected officials on compute r• related issues and conducting or participating in software demonstrations and tax system development workshops. Mr. Pachecano previously served as Deputy Director of Information Systems for Bexar County and as Applications Manager responsible for the Colmty's Financial, Tax Collections and Automobile Registration Systems. He is a member of the Texas Association of Assessing Officers (TAAO). Don O'Brien, Delinquent Operations Manager, t.olds a B.S. from Miami University of Ohio. Mr. O'Brien is responsible for managing the Delinquent Operations staff, He provides the direction for the maintenance and development of our law firm's delinquent tax collection systems and regularly confers with our law firm's managers to identify their f» formatfon needs and possible solutions. Mr. O'Brien also works with client staff members to facilitate the processing of the client's and our law firm's delinquent tax data. He has been employed with our law firm since 1986 and has held responsible positions involving all the department's computer systems. Mr. O'Brien was previously employed as a hardware and software representative for Valcom Computer Center. Felix Lopez, Manager of Production and Mailing Control, holds a B.B,A. from Si, Mary's University and a M.B,A; from the University of Texas at San Antonio. Mr, Lopez joined our law firm in 1987 and is responsible for directing the daily data processing production functions, controlling and verifying accuracy of mailings, reporting activity and reviewing and analyzing statistical data for all delinquent tax rolls. He supervises nine data processing employees and allocates personnel and equipment resources as needed to complete assigned projects in a timely manner. His responsibilities include the coordination of all the steps in the mailing process. Mr. Lopez was previously employed at Omni Interest, Inc. as Manager of Data .Processing. • • • • I - Page 17 f • 0 • • III. APPROACH TO PROVIDING SERVICES (RFP Selection Criterion 3) r r s Our collection program merges the disciplines of law and collections with highly sophisticated computer capabilities. Most law firms in this field mail demand letters and file lawsuits. However, the standards which distinguish Blair, Goggan, Sampson & Meeks from t others in the field are personal telephone contacts, taxpayer research and correspondence, comprehensive bankruptcy, federal agency collections and the aggressive prosecution of lawsuits from filing to execution of judgments. While our collection program relies heavily upon data processing techniques to manage a large volume of accounts, our efforts are successful largely because of the extent of personal attention we expend In our litigation and collection efforts. Ail taxpayers are treated with politeness and professional courtesy. Although our collection strategy is based upon the max imu m automation that technology will permit, the most advanced state-of-the-art technology cannot furnish the discretion, judgment or compassion necessary to provide the level of service on which BGSM prides itself. Therefore, our approach to dealing ottifyingpall raxpayerrs5eregardless atotf am urns due, sndnprovid providing awareness of thir concerns. well tra ed staff, we endeavor to facilitate the payment of taxes. Written and verbal Information is prm9ded to taxpayers In both Spanish and English, Blair, Goggan, Sampson & Meeks believes that a successful collection program must be multifaceted, flexible and tailored to each client's specific needs, Our comprehensive collection program combines telephone collection, address and problem account research, ® fxouremost Jitigadon, • fective tools is :oordinatiion of federal gs,nlawsuiitscandsmedia 1 Page Ig • 0 • • { attention to create credibility for our collection letters. ■ The following section details Blair, Goggan, Sampson & Meeks' ability to legally provide services described under the Texas Property Tax Code and other relevant laws. We have included a description of our scope of services, workplan and methodologies that we have successfully employed for our clients throughout North Texas. The City of Denton can be ascuted that the collection and litigation strategies and techniques utilized by BGSM on behalf of our clients are both legal in nature and courteous and professional in manner. Our staff is knowledgeable and trained to follow collection and litigation strategies as prescribed by the Texas Property Tax Code. Furthermore, while property taxes do not fall within the definition of "consumer debt" as defined by the Fair Debt Collections Act, our law firm, nevertheless, adheres to the guidelines set out by the Act with respect to the manner in which we contact delinquent taxpayers. Workplan and Methodoloav BGSM believes that a successful delinquent tax collection program must be multi-faceted, flexible and tailored to each client's specific needs. Blair, Goggan, Sampson and Meeks provides the comprehensive colleetion wrvim listed below to all of our clients. People often fail to pay their taxes on time because they have failed to receive a notice of taxes due. The delinquent taxes may result from a change in ownership or address which was not recognized by the Appraisal District. BGSM utilizes a staff of professional researchers, augmented by abstractors and a professional skip-tracing firm that we employ, to determine the current owner of record, lienholders and their locations. Every effort is made to avoid collection contact with non-interested parties, i.e. non-owners who are often listed on the tax roll and to work with homeowners and other taxpayers In a cooperative non-confrontational manner. 0 Customized Workplan for Each Client • Taxpayer Notification Program • - Written Notification - Telephone Notification (Collection Calls) and Personal Contact 0 Address Research/Taxpayer Location Program Identification of Accounts Requiring Research • - Reference Sources • • Page 19 1 • to e n i _ - Maintenance of Records on File Business Personal Property Accounts Researched Prior to Suit Filing . Title Verification Conducted Prior to Filing of Real Property Tax Suits • Taxpayer Assistance Program Phone Bank (Incoming Calls) • Litigation Process Procedures Followed in Preparation and Filing of Lawsuits Service of Citations Timely Prosecution of Lawsuits Collection of Judgments by Execution and Sale Seizure of Delinquent Business Personal Property Accounts (upon client approval) • Bankruptcy Collections • Federal Agency Collections • Public Service Information • Ancillary Legal Services • Management Information Reporting and Coordination CUSTOMIZED WORKPLANS BGSM develops and utilizes workplans as a management tool for both immediate and long. range planning, The workplan developed for each client is based on our monthly analysis of the client's delinquent tax roll and is customized to take into consideration the collection style • and approach advocated by the jurisdiction. Two types of workplans have proven effective: an in-depth Six Month Workplan that targets special collection strategies and variable Monthly Workplans to achieve our overall goals. A detailed profile of the delinquent tax roll is produced monthly to assist in the tracking of collections and the identification of target areas requiring special attention. Page 20 i 1 • A • w • w The North Texas (Dallas) Regional Office management team regularly develops in-depth six- month workplans for our clients. We use this management tool in directing our collection, research and litigation efforts. This workplan, along with monthly workplans and management reports, assists in the determination that we are directing our collection efforts and our personnel to the highest dollar and most problematic groups of accounts. After confirming the target group, the managers develop daily operational plans in an effort to meet our goal of maximum tax collections. We emphasize not only working hard, but working smart. We utillize our technology to analyze the tax roll and Identify areas where we can maximize the revenue f collected for each client. We have chosen a six-month time frame as appropriate for long-range planning purposes. In January and July of each year a new six-month, in-depth workplan is developed. The basic workplan is customized to meet the collection needs of our clients and is continually monitored for results and varied when necessary. Included below are examples of the Six-Month and Monthly Workplans that we follow; Six-Month Workplan (July - December) Wy Objectives • Input Delinquent Tax Roll • Conduct complete analysis of delinquent tax roll • Structure six month workplan • Prepare and mail sample (5%) notification letters to eligible accounts • Receive taxpayer response to sample mailing • Identify and correct potential data errors • Prepare and mail (95%) notification letters to all remaining eligible accounts • Respond to taxpayer inquiries and correspondence • Respond to return mail • Establish and monitor payment agreements • Initial ownership and address verification on business personal property accounts • Initial telephone collection activities directed towards high dollar accounts • Provide client and media briefing (if desired by client) of collection program • • Continue litigation activities from preceding year • Conduct Sheriff's Sale of foreclosed property AuEust Objectives, M • Conduct ownership and address research on business personal property for lawsuit { filing , • • Conduct title research on real property accounts for lawsuit filing • • I _ Page 21 • 0 • ca • • Increase telephone collection activities • Establish and monitor payment agreements • Respond to taxpayer correspondence and inquires • Initial preparation for second mailing • Initial title search and verification of real property accounts • Continue litigation activities • Conduct Sheriff's Sale of foreclosed property Se2tember Obj tee ives: • Prepare and mail second notification letter to all eligible accounts • Respond to taxpayer inquiries and correspondence • Respond to return mail • Initial batch filing of business personal property lawsuits • Initial research on potential tax seizure candidates (upon client approval) • Continue litigation activities • Conduct Sheriff's Sale of foreclosed property October Obj tive • Analyze remaining delinquency • Prepare real property lawsuits from current year delinquency • Continue with lawsuit filing and litigation activities • Prepare and mail special seizure notification (upon client approval) • Conduct Initial tax seizures (upon client approval) • Conduct Sheriff's Sale of foreclosed property Na mber 0l'gctives: • Prepare and mail special notification letters to high dollar accounts • Prepare and mail special notification letters to multiple account owners • Continue lawsuit filing and litigation activities • Conduct Sheriff's Sale of foreclosed property December Objectives: . ` • Prepare and mail other special notification letters as necessary • Continue with lawsuit and litigation activities • Conduct Sheriff's Sale of foreclosed property • Analyze remaining delinquency and develop comprehensive workplan for next six months . . i - Page 22 , o ` • w • s Activities During the Remaining Six Months of the Year (January . June) • Prepare and mail other special notification letters as necessary • Conduct ownership and address research on business personal property for lawsuit filing • Conduct tide research on real property accounts for lawsuit filing • Continue with lawsuit and litigation activities • Continue telephone collection activities • Conduct tax seizures with appropriate media coverage (upon client approval) • Analyze delinquent tax roll Analyze collection and performance goals • Prepare and mail five-year notice., when applicable Sample Monthly Workplan o Conduct tax roll analysis Identify bankrupt accounts Identify federal agency accounts Identify appraisal and assessment problems • Conduct title research on real property accounts I 0) Conduct ownership and address research on business personal property • cPr m--hlv collection and case disposition goals • Conduct tax dockets . Set cases fot trial - Prepare and enter judgments Prepare and set motions for summary judgment Prepare and file dismissals Prepare and file disclaimers Process interventions filed by non-BGSM's clients Prepare and send pre-default letters Prepare and enter default judgments Prepare and enter agreed judgments Prepare abstracts of judgment and writs of execution 0 Conduct Sheriff's Sale of foreclosed property • • File lawsuits • Prepare and mail intent to seize letters (upon client approval) • Conduct pre-seizure telephone notification program 0 Prepare and mail special mailings (i.e„ multiple property owner letters, etc.) Conduct tax seizures (upon client approval) • Prepare client collec"wi reports (as requested) • • Update Bankruptcy Tracking System daily • • - - Page 23 1 i • as • • Review federal agency and bankruptcy collections • Review overall performance and collection goals • Review status of payment arrangements • Analyze delinquent tax roll and prepare for next monthly workplan i i f . [ [ [ 1 •i i ~ l • Pap 24 i r..Yrr~e..rwWwr~'~~.. ~ ~ r • W rY1~J1I1W61Y'i 1".\ r' 1~1Y°° ~ . . 1 1 • v ,V ~ Z~I q 1 1 ~4 ~I~U Y~9 'r114. 1. • A • TAXPAYER NOTIFICATION PROGRAM Objectives • To implement a collection strategy which begins with effective notification to taxpayers of their tax obligations, including an accurate statement of the current amount of delinquent tax, penalty, and interest and tax account number. • To build a foundation for multiple collection strategies based on the initial accurate notification of the proper owner or taxpayer. • To make personal contact with delinquent taxpayers and to expedite payment. • To design and implement specialized collection strategies that target high dollar, multip.c, complex or sophisticated accounts. To ensure that all taxpayers receive at least Qyg written notices of delinquency prior to sale of property. Written Notification BGSA4 has developed an extremely sophisticated and effective written notification program. Beginning in Jul), in each year, our top priority is to notify taxpayers of their outstanding delin- quent taxes. Our entire staff is involved with this process during the peak period. This project l continues throughout the year on a parallel basis with our collection strategies. BGSM has developed an efficient laser printed, computer mailing operation which enables our law firm to process the necessary volume of correspondence with a high degree of accuracy and dependability. We are able to prepare and send an accurate statement of account, together wlth a personalized individual letter quoting demand for payment from our law firm, to every targeted Individual on the tax roll within a 72 hour period. Timing ..and Production of nemanA t pUM I Upon receipt of the delinquent tax roll, we send a tax collection letter to every eligible account. This involves the implementation of a computer program integrating tax information with the text of a letter. We accomplish this procedure through the use of a Xerox 9790 laser printer e ,vhich generates letter-quality documents at the rate of '7,200 per hour. • v- _ Page 25 I • 0 • GA4 • Simultaneously a color-coded remittance document is prepared which details the delinquency in a way most convenient to facilitate payment processing when it is returned to the client's collecting tax office in an enclosed window envelope. The use of separate color coding for each client permits instant identification of the Jurisdiction for which payment Is being made, We carefully orchestrate the law firm's mailing activity to maximize the impact and sharply focus the attention of the public on each mailing. We choose a mailing date so that most taxpayers will reccive the demand for payment near a payday when funds might be available for prompt payment. If our client desires, we send press releases In advance to all the area media. We make every attempt to choose a mailing date that avoids other media events which would detract from coverage. I We make every effort to assure the highest level of quality control. Before we mail notification letters we randomly select 20 accounts from the entire tax roll that represent different types of f accounts, exemptions and conditions. Sample letters are generated and sent to the client's tax office which verifies all the information and total delinquent amounts. These same letters are edited and verified by our staff for accuracy. Before the mass mailing, a final production tape is generated and a new set of sample letters from this tape is again printed and verified by our data processing staff. Before all letters are printed, we again do a final check of the letters. To assure the quality control of our letters, a thorough review Is made of statistical reports which are generated from the final mailing production tape, After the client's tax office approves the samples, we mail 5% of all the letters. Response to the 5% mailing is monitored to ensure that no problems exist with the mailing before we mail the entire file, Within three days of the sample mailing, the remaining 95% of notice letters are mailed. $ t1 pJQ Lkmand oettn • Our clients tax office's immediately begin to receive payments from delinquent taxpayers, and I our office receives hundreds of telephone and written inquiries from the delinquent taxpayers f within the first few weeks of our initial mailing. The response to the mailing allows us to quickly stratify the remaining delinquent tax roll to facilitate collection assignments to different components of our law firm. All returned mail is • assigned to our address research staff to • - perform skip-tracing, Bar coded remittance Page 2b • 0 ca • documents are scanned by a wand reader to produce listings of bad addresses in descending dollar order. After our Initial mailing we begin to target delinquent taxpayers and unpaid high-dollar accounts for suit filing. Within 45 days of the first mailing, we have absorbed the impact of the response. At this point we plan a second mailing to real property accounts that have not yet responded and to personal property accounts that have not been identified for suit filings, We target personal property accounts of operating businesses for expedited lawsuit filing. To maintain credibility for the second mailing, we file dozens of lawsuits simultaneously with the second mailing. Accounts that remain unresolved after receipt of our first two demand letters require more specialized collection efforts. We carefully analyze the profile of the remaining delinquency and implement a detailed workplan to maximize collections. To augment the regular mass mailings, we target select accounts for special mailings which occur from time to time throughout the collection process. These include specialized mailings to multiple property owners, absentee owners, business taxpayers, et al, Each mailing is designed to focus the taxpayer on the imperative need to promptly address his or her delinquency. Examples of these specialized, targeted mailings include; • Intent to Foreclose 0 Intent to Seize letters • Intent to Sue leuers • Intent to Sue letter after abstract, with copy to lienholders and other owners with copies of lawsuit petition attached / • letter to payment arrangement violators e o Letter to lawsuits set for trial notifying all defendants of hearing dates, including i default cases where such notification is not legally required • A • Letter notification regarding judgment granted and "Abstract of Judgment" being entered 0 Intent to Sell letter with copy of the Order of Sale Every delinquent taxpayer receives at least five notification letters prior to judgment and • sale of property. Sample letters and statements detailing the delinquent tax amounts are , • Page 27 • t! • tso • r Included In Appendix B. Please note that our demand letters Inform delinquent taxpayers to send payments directly to the client's tax office and to direct any Inquiries, by phone or writing, to our BGSM Denton office. In this way, we ensure that the money is available as soon as possible to the client, while it is our job to field the Inquiries from the taxpayers in a way neither the tax office nor client's staff will be burdened by this additional workload. Teienhone Notlitcation and Personal Contact BGSM has found that personal contact is an essential component of an effective collection program. BGSM employs a team of professional collectors whose job Is to collect delinquent accounts through direct contact with taxpayers. Our collectors have been trained and are knowledgeable of the Texas Property Tax Code, the Fair Debt Collections Act and each client's collection policies and guidelines. High-dollar and complex accounts, including accounts involving federal agencies, are assigned to our specialized phone collection units. The individuals within our Denton and North Texas Regional telephone collection units are trained to be courteous and understanding, yet persistent. During mailings and other peak season activities, our collectors receive hundreds of incoming telephone calls and are trained in tax matters to provide taxpayers with complete and concise information. Our telephone collection unit tracks assigned delinquent accounts until the tax balance is satisfied. Our collection staff utilizes targeted Ust of accounts prepared by our data processing department that stratify each client's delinquent accounts both in high dollar descending and alpha4etical order. These tools are utilized by our collectors with great effectiveness. Our management team works with each client to determine the approach most suitable to that jurisdiction. For example, homeowners are approached differently than commercial, industrial or undeveloped property owners. Most often a del inqueni tax on a home is a result of an escrow problem or recently retired loan, in which case we notify the homeowner of the delinquency and assist them in working with the mortgage company and/or the Tax Office. Assessment problems, posting errors and other problems identified during the collection process • are given to our research staff to be resolved. Pertinent information is provided to the Appraisal District and Tax Office. This process is sometimes lengthy because of the necessary interaction between the taxing jurisdiction, the appraisal district, the taxpayer and our law firm. • • • r t - _ Page 28 1 • I... w • d ADDRESS RESEARCH/TAXPAYER LOCATION PROGRAM ` Objectives • Conduct address and rwnership research on accounts identified as having incorrect Information • Prior to the filing of business personal property lawsuits, verify address and ownership Information contained on the tax roil • Conduct title research on all real property accounts prior to litigation to identify all owners and lienholders and to verify address informa- tion. • Conduct research on problem accounts that Impede the collection of taxes. • Notify Tax Office and Appraisal District of changes In addresses and ownership as identified by BGSM. A successful tax collection program uir'es a Intensive skip-tracing effort. Letters cannot be delivered or itatiosservdpwithoutproperr addresses and for the delinquent taxpayers. We have developed our research system to effectively and efficiently identify and resolve problems that impede the correct property owner from receiving our legal notices. Correct property owner identification is critical to the following: • Delivery of demand letters; • Ability of telephone collection personnel to contact the person responsible for the tax ; • Determination of current registered agents, residents, and owners of companies and corporations in order to properly file business personal property lawsuits or request tax warrants; • Determination of lienholders; • • Proper service of citations. BGSM has developed the capacity to meet this need through deed and address research. In addition to manual resources, BGSM has direct on-line computer access to numerous information sources. f Page 29 • O ' • a • Our staff performs research at various stages in the collection process including correcting addresses from return mail; providing location and phone numbers to our telephone collection staff; identifying registered agents, corporate officers or assumed name holders; or providing better address for service of citation, This information is provided routinely on behalf of our clients to their collecting tax office and the appraisal district, Listed below is a synopsis of BGSM's address research and skip-tracking process; Ideothfieation of Accoun Requiring Research • Returned mail received from mailings; • Subsequent to filing of suit, accounts of defendants who have not been served because of inadequate address information; • Business personal property accounts; • Real property accounts; • Accounts on tax roll lacking address information; and a Identification of telephone numbers to be used by tax collectors. Rderences Sonrm i 1 o Book/Directory Resources i - Telephone Directory and Directory Assistance r - Cole's Criss Cross Directory i - Polk's City Directory - Rand McNally Credit Union Directory - United States Savings & Loan Directory - Post Office box holder information, forwarding orders and change orders • Computer Access - County Deed Records • - County Assumed Name Records - County Marriage License Records District and County Court Records County Probate Records County, City, School Tax Roll City Water/Utility Records • Records of the Secretary of State • • r Trans Union Credit Bureau Page 30 • 0 • • r 9 1 1 - Voter Registration Files I - Motor Vehicle Registration Files - Most Recent Tax Roll Created by the Appraisal District • Other Sources . Uniform Commercial Code Records . 'telephone contact with taxpayers, neighbors, relatives or descendants of property owners j Maintenance of Recor c on Fkte • Address corrections are entered on our files, and an W code is placed on the account noting a new address. In subsequent mailings, our updated address is used in place of the outdated address on the tax roll. • Address corrections are routinely provided to the client's collecting tax office and the appropriate appraisal district for their uRP, i Bearing in mind that the goal is to maximize revenue for our client, we initially place special emphasis on larger dollar accounts and on taxpayers who own multiple properties. However, during the course of our collection activities, we give all available accounts proper attention. AN delinquent accounts deserve attention, therefore, we diligently research account, of all categories (i.e. current or prior year delinquent, real estate or business, high or low dollar) Numerous computer capabilities exist to facilitate the search for addresses, Accounts identified as having a bad address, as well as accounts identified by our law firm through returned mail or taxpayer contact, are compiled within our system and cross-referenced by taxpayer name, address, account number and amount owed. Name sort and address sort listings of the entire tax file are also used for multiple account research. Accounts in this category may have a good address on one or more accounts but not all; thus, the existing file can be used as a research 1 tool, r Address research is an on-going, never-ending process. As new addresses of delinquent taxpayers are found, the information will be coded and applied to our in-house file, and sent to • our client's tax office and the appraisal district for update, 1 + Page 31 • w • Some law firms file business personal property tax suits using the ownership information and address contained on the tax roll. Because the status of business accounts changes rapidly, BGSM has determined that effective collection of business personal property accounts requires specialized research of accounts prior to suit filing. t All personal property accounts are researched by our staff for identification and ownership, A high dollar listing of personal property accounts is prepared for use by our Denton office. The research staff finds the correct name and address of the owner, resident or registered agent for these personal property accounts. Each individual account is then contacted and taxpayers are made aware of the taxes due, If the delinquent taxes are not paid in full, or placed in an approved payment arrangement, lawsuits are then filed. Payment arrangements are closely II monitored, and if defaulted, the account is immediately placed in litigation. i. 1 1 i j - page 32 • ra • TAXPAYER ASSISTANCE PROGRAM Objed:. r r • Provide professional and courteous assistance to all taxpayers • Provide and manage payment arrangements according to the guide- lines set forth by our clients • Provide verbal and written bilingual: assistance, when necessary 1 Our collection activities, and particularly large mailings, generate a huge number of telephone calls and letters. Each call or letter presents an opportunity to solve a problem or answer a question and thereby cause an account to be paid. Likewise, each call or letter creates an opportunity to discredit our effort if it is not handled properly, Thus, we place great emphasis on the training and attitude of our front line staffs. In our Denton and North Texas (Dallas) Regional Office we have 38 members of our staff available to answer taxpayer Inquiries. This number is increased during peak seasons when we handle more than 1,000 taxpayer inquiries per day. Our attorneys are available to answer taxpay.,r questions and handle special situations as they arise. All taxpayers are treated with politeness and professional courtesy. Although our collection strategy is based upon the maximum automation that technology will permit, the most advanced state-of-the-art technology cannot furnish the discretion, judgment or compassion necessary to provide the level of service on which BCSM prides itself, Therefore, our approach to dealing with taxpayers' responses to a mailing reflects our keen awareness of their concerns. By notifying all taxpayers, regardless of amounts due, and providing a well-trained staff for personal Interaction, we endeavor to treat all taxpayers equitably. Written and verbal information is provided to taxpayers in both Spanish and English. We have a taxpayer ass'stance program whereby taxpayers can request payment arrange- ments allowing them additional time to resolve their delinquent accounts. These payment ' arrangement program!; are based on guidelines authorized by our clients. Page 33 • 0 I • r Phone game (ncomW MW " During peak periods our phone bank in our North Texas (Dallas) Regional Office responds to up to 1,000 calls per day. In Denton, we routinely receive between 50 and 100 calls per day in response to our demand mailings. The nature of the incoming calls vary, including ownership changes, mortgage company problems, bankruptcy, appraisal problems, exemptions and hardships. All lnconiW calls are handled by a well-trained stall whose attitude is to help taxpayers meat their tlnancial resporw1blikks. Each phone Inquiry is documented on a written taxpayer assistance form with information that includes the name of the person calling, date called, delinquent taxpayers name and account number, amount due, nature of the call and response given to the person calling. We maintain this information until the account is paid so that we may quickly respond to future inquiries. i, 1 l 1 I r _ Page 34 P ' , u • • • LITIGATION PROCESS f Objectives • Conduct thorough research prior to the Aling of each lawsuit. • Lodelinquent Iltigation p m that lends credibay to the entire tax collection program • Target delinquent accounts for litigation that would not get paid unless they are sued 1 • Prosecute all lawsuits Med to judgment and foreclosure, if E wry i Conduct, if necessary, seizure and sale of business personal pp property to recover delhhquent taxes L. A successful collection effort must have an effective litigation component, While every reasonable effort is made to collect a delinquent account without resorting to legal action, it often becomes evident that legal action is the only viable method to collect taxes. Our philosophy is that an aggressive, highly visible legal campaign lends vital credibility to the collection process and therefore renders the demand letter and telephone contacts more effective. We choose accounts carefully for suit, emphasizing high dollar/multiple year accounm Uo' task is to educate non-taxpayers to understand that disregarding their tax obligations will inevitably result in sale of their property and imposition of heavy penalties, interest, court costs 1 and attorneys' fees. An effective delinquent tax program makes good taxpayers out of bad taxpayers, resulting in many delinquent taxpayers paying their next year property taxes promptly. I i i Page 35 d! • S ' r i +,'~ly + 14l i'~i c f~! ~ ti "r35 ~ hrt !l~'.Yd~Y ~ j~'ti rJ , • • REASONS TO FILE A LAWSUIT In our experience lzwsuits are necessary: I, When Alternatives Are Exhausted: Our law firm mails several warning letters to, and often makes personal telephone contact with, delinquent taxpayers. These efforts trigger a clear signal of imminent litigation. If disregarded, a lawsuit must follow. 2, To Establish Credibility: Lawsuits lend credibility to the entire collection program. Typically, delinquent taxpayers are persons who have disregarded repeated notices from the tax office, The prosecution of tax lawsuits is integral to a successful collection effort. 3, Where Perishable Property Is Present: Certain business personal property accounts are identified through research and telephone contact to be on the verge f goi"-. out of business, thereby putting the claim at risk. Once identified, these accr < immediately prepared for suit or seizure. I i YL . t High Dollar/Complex Delinquency: Very often high-dollar accounts i,pi•x in nature. If payment cannot be realized through demand mailings and person, I contact by a professional collector, a lawsuit is often necessary to attain the vistutiity and results necessary. 1 5. For Problem Resolution: Occasionally an account is so complex (e,g„ unknown heirs) that the only way to resolve it is to allow the court to intercede and force a foreclosure sale for payment of taxes to put the property productively back on the j tax roll. BGSM recognizes that the mere filing of lawsuits Is not sufficient, Process must be served and cases must be set and tried to judgment, Judgments must be collected by execution and sale If necessary. h is very important that the taxpaying public not be able to discern a pattern for the filing of • litigation. 'therefore, cases must be selected across the economic and geographic spectrum. However, to optimize the use of our resources, as well as the resources of the Court, we give greater weight to higher dollar amounts as well as accounts with multiple years of r delinquency when prioritizing our lawsuit filing efforts. 1 ' - Page 36 0 0 • as e PROCEDURES FOLLOWED IN PREPARATION AND FILING OF LAWSUITS Our law firm has the capacity to generate by computer as many lawsuits as the local court system can effectively handle. BGSM enjoys an excellent working relationship with the District Clerk's office and provides many services in order to expedite litigation. We prepare the petitions and citations in accordance with the Texas Rules of Court, Texas Property Tax Code and local court rules, Information Gatheripy Before personal property lawsuits are filed, information extracted from the delinquent tax roll is merged with the updated ownership and address data obtained by our collection/researching staff. Our system is such that literally hundreds of personal property lawsuits can be prepared within a matter of days. Eacl, September we file dozens of business personal property lawsuits for the Denton Independent School District, Before the filing of real property lawsuits, every account is abstracted for title verification. We then merge the title information, together with the last known address of the defendant, with accounts receivable information extracted from the delinquent tax roll Verification Procedures t Before tiling, all legal documents are approved by our attorneys and subjected to stringent verification procedures. All defendant data is re-checked, and accounts are once again checked for payment. This procedure eliminates any blind filing errors, The lawsuits are then assembled into suit packets that contain a copy of the petition and citation for each defendant and a file copy of Each document, The iawsuit documents are hand-delivered to the District Clerk's office after assembly and verification is complete, In accordance with each client's preference, copies of the lawsuit lists are delivered to the client's collecting tax o five, • - Page 37 -~,.~.wM.-.. r.w,w.-rYw.. • ~ vr~= d. _ay ^i9, W.M,-... • • ~r.:, , ~rr„~`.'n 1i ~."1~,~ t~7~i ~sQ~rl~~1'.',~~1 +'('t~: • • Service of Citations We utilize private process servers, local sheriff's and constable's offices and certified mail to obtain service on the defendants in our lawsuits. It has been our experience that fifty percent (50%) of the accounts are paid when the defendants are served; therefore, we place great emphasis on quick, effective service. In certified mail cases, our law firm provides the district clerk's office with pre-addressed envelopes to assist the clerk's staff in mailing the citation as soon as possible and to ease the workload, As allowed by law, the costs for service of citations are borne by delinquent taxpayers and included in the court costs associated with the filing of the lawsuit, Our clients bear no additional costs related to the service of citations for delinquent tax lawsuits. Timely Prosecution of Lawsuits I Every lawsuit we file in District Court is prosecuted as quickly as logistics permit. We have an effective, proven system for service of process and continuing review of pending files for service on all defendants. Once service of process is obtained on all defendants in a particular case, we immediately set the lawsuit for trial. Coltection of Judments by Execution and Salle At times it becomes necessary to reduce a judgment to sale. This is an integral part of our program. Thirty (30) days from the date of judgment, real estate judgments have an order of sale issued and the property is then put up for sale within the legally prescribed time limits. Again, this is the normal procedure in obtaining payment on an unpaid judgment, which is coordinated at various intervals with our clients so they can exercise appropriate discretion. With our client's approval, writs of execution can be utilized to collect personal property taxes. In personal property lawsuits, if the taxpayer is still available and has property that can be levied upon for payment of his taxes, a writ of execution is issued for such property to be taken and later sold, similar to the tax warrant process described on the following page. Often, obtaining the writ of execution and appearance of law enforcement officers at the taxpayer's place of business will result in payment. i _ Page 38 1 tit SEIZURE OF DELINQUENT BUSINESS PERSONAL PROPERTY ACCOUNTS In addition to sale under execution, the'fexas Property 'Tax Code provides for summary seizure and sale of business personal property under the authority of a tax warrant. No suit or judgment is necessary. Because of the perishable nature of personal property taxes, BGSM has found it effective to use tax warrants and conduct seizures on a limited basis. Due to the rather drastic and summary nature of the seizure remedy, we limit this remedy to a relatively small number of well-researched and documented accounts. Before property is seized, special notification warning letters stating our "intent to seize" are mailed to all accounts and physical surveillance is conducted. In addition, telephone collectors attempt collection and determine that the property subject to seizure still exists, hundreds of seizure candidate 1 accounts are targeted, yet very few tax warrants result in the actual seizure of property. We feel that we are uniquely qualified to advise the taxing entities regarding the legality of seizure and sale. BGSM has twice successfully litigated the constitutionality of this remedy before the Supreme Court of Texas in the cases of Shaw v, Phillips Crane & Rigging, et at., 636 S.W,2d 186 (Tex, 1982) and Querner Truck Lines, Inc, v. State, et at,, 652 S,W.2d 367 (Tex. 1983). The judgment of the Supreme Court of Texas in the Phillips case was appealed to the Supreme Court of the United States, Upon Motion to Dismiss or Affirm filed by BGSM, the Supreme Court of the United States dismissed the appeal for want of a substantial federal question. i 1 Page 39 , a~ < a~ ~s, r , , s k ♦ ♦ 1, car r:, ~ i ITi ~j ~gvM11 ~~S ~ ~ ~1t61,{K'~ ~y~Y,l•~ r r • ~ cc+ • 1 BANKRUPTCY COLLECTIONS Complete representation in bankruptcy matters is provided to our clients as part of our basic legal services. Objectives • Monitor bankrupt accounts • Fiie proof of claims a File claims for payment of post-petition taxes as administrative expenses a Represent our clients at creditors' meetings • Prepare and file all necessary legal documents • Represent our clients at hearings in bankruptcy court The number of bankruptcy cases filed in Texas exploded in the mid-1980's due to the downturn in the energy and real estate sectors of the State's economy. Although the economy has stabilized, a high number of bankruptcies continue to be filed each year. The bankruptcy cases filed today tend to be more complicated and litigious, and debtors are increasingly targeting ad valorem taxes for reduction or disallowance. Once bankruptcy is filed, ordinary collection techniques cannot be used, Federal law prohibits any attempt by creditors to collect from a bankrupt debtor by means other than those specifically provided for in the Bankruptcy Code, Since a large portion of many jurisdictions' delinquent tax rolls have been placed under the jurisdiction of the United States Bankruptcy Courts, BGSM devotes significant resources to assuring that the proper procedures are followed to maximize • our clients' collections from bankrupt debtors. The vast majority of the bankruptcy cases which involve our client's accounts are filed in Dallas, Fort Worth, Houston and San Antonio. BGSM has bankruptcy attorneys strategically located in offices across the state to ensure a prompt response to any developments in cases in these courts. BGSM is also currently representing its clients in bankruptcies in almost every state, ' e from New York and Florida to Arizona and Oregon, • Page 40 f • t~ I I Q O BGSM's Metroplex Bankruptcy Department includes a full-time attorney, a bankruptcy coordinator, two bankruptcy assistants, and a full-time bankruptcy clerk. The primary responsibility of this Department is to oversee the collection of delinquent tax accounts in bankruptcy, but they also act to protect current year taxes of our clients when necessary, The ( Bankruptcy Department researches delinquent accounts to determine the amounts owed, files proofs of claim, monitors case progress, oversees the distribution of funds from debtors and trustees to our clients, reviews pleadings, and files whatever motions or pleadings are necessary ! to protect our clients' rights. The Bankruptcy Department utilizes a sophisticated computerized I bankruptcy tracking system which enables it to provide the maximum service BGSM's clients. I In all bankruptcy cases the first step is the identification of the bankrupt entity. BGSM uses a variety of resources to identify the debtor and accounts in bankruptcy, such as: • Notices and pleadings received from the debtor or the court; • Phone contacts made by our collections staff; • Newspaper articles; • information found in our pending state court lawsuits; • Responses to our massive mailings • Subscriptions to bankruptcy reports; and • Contacts in the bankruptcy legal community, 1 Once the debtor and accounts are properly identified, a proof of claim is promptly filed, Chapter 7 liquidation proceedings are then monitored for passage of assets subject to our liens to a non-bankrupt entity and for the personal discharge of the debtor. When either of these events occur, BGSM proceeds to collect the delinquent taxes in rem, based on the lien on the property which was either exempt from the bankruptcy or which is no longer part of the estate being administered by the Trustee. Chapter 13 individual reorganization cases are monitored 1 to ensure that the plan of reorganization (1) properly classifies the tax claim; (2) provides for the payment of the secured claim amount with interest; and (3) does not affect the later enforceability of the tax lien(s), Chapter I I business reorganizations are closely monitored to protect our clients' rights and remedies. BGSM actively participates in the plan approval process to make sure the plan provides for the highest recovery possible under the Bankruptcy Code. O Although many law firms follow a defensive strategy in collecting through the bankruptcy prOxrss, BGSM's policy is to be proactive. As part of this policy, the payment of pre-petition ' taxes under a plan of reorganization and the direct payment of post-petition taxes are monitored so that proper collection activity can be instituted upon default. When necessary, AGSM objects to reorganization plans which do not meet its standards, files appropriate motions to allow foreclosures to proceed during the bankruptcy, attends creditors' meetings and questions the debtor about the accounts owed, and appears at hearings which might affect our clients' ability O O ® to be paid the full amount owed. Additionally, BGSM defends against objections to our clients' Page 41 ~ O • u~ • t claims and attempts to reduce the amount of taxes owed. ■ BGSM's representation of taxing units in bankruptcy courts throughout the country has resulted in the development of highly skilled attorneys and support staff in this field. This experience has been disseminated throughout the other departments of the law firm through written guidelines, workshops and seminars. BGSM has held several bankruptcy seminars for our clients so that all systems and procedures can be fully integrated. The expertise of BGSM's bankruptcy attorneys is recognized throughout the state, and our attorneys are featured as speakers at bankruptcy and tax seminars. FEDERAL AGENCY COLLECTIONS The nationwide collapse of the banking and savings and loan industries has presented new obstacles to the collection of delinquent tax accounts over the past few years. As failed institutions were taken over by the federal government, the agencies charged with the task of liquidating their assets have become major lienholders and landowners in North Texas. BGSM has been at the forefront in fighting the efforts of the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) to avoid their liability for ad valorem taxes. Our law firm has developed comprehensive collection strategies, based in part upon our bankruptcy experience, whereby we have been able to recover taxes, penalties and interest that may have otherwise gone uncollected. A in the early 1990's BGSM's focus was on defending its clients' interests in litigation such as Irving ISD v. Packard Properties. In September 1992 the United Statcs Court of Appeals for the Fifth Circuit ruled in our favor in this case and held that the FDIC cannot extinguish tax liens, including penalties and interest, that attached prior to the FDIC's actual ownership of real property. AGSM also prevailed against the FDIC's attempt to halt foreclosures on property where the government is merely a lienholder. t Currently, BGSM works through the federal agencies and tide companies to insure that all taxes, penalties and interest are paid as soon as possible. BGSM has established an administrative claims process that has been successful in collecting payments on behalf of failed institutions from the government. Additionally, although federal law prohibits the sale of government • owned property. BGSM works with the federal agencies and keeps them aware of the tax liens and the fact that the sale or other transfer of the property will be difficult without clear t41e, i.e. the taxes, penalties and interest are paid in full prior to the transfer. BGSM has been recognized as the leader in the field of federal agency collection. We regularly sponsor seminars on federal agency collection strategies, and our attorneys are often a speakers on this topic at non-firm sponsored tax seminars, Because of our expertise In this • 1 Page 42 0 0 • • specialized area of collections, and the substantial contacts we have established within the federal agencies, BGSM's clients beneflt by a greater and earlier recovery of revenues, PUBLIC SERVICE INFORMATION BGSM has found that coordinating collection activities with local media coverage can have a very beneficial impact on collections, Media coverage is designed to inform property owners of collection efforts and deter delinquency. If our client desires, and with their approval, BGSM will prepare press releases and/or press conferences to announce our annual mailing and litigation efforts. This can be done on a regular basis, i.e, on the first mailing, initial suit filings, seizure operations, etc., or on selected occasions such as winning a major lawsuit. ANCILLARY LEGAL SERVICES BGSM represents our clients in all types of lawsuits arising from collection activities, such as counterclaims, injunction suits, eminent domain proceedings, declaratory judgment actions, and all types of unusual and complex litigation in the property tax related area. We represent taxing entities in all levels, trial and appellate, in state and federal courts. We are particularly qualified to assist the local governments in this area, as several attorneys of our law firm are certified as specialists by the Texas Board of Legal Specialization. We maintain an Austin office which facilitates advising our clients on property tax law and practice emanating from acts of the Legislature, opinions of the courts, opinions of the Attorney General, and interpretations of property tax law promulgated by various state agencies including I the State Comptroller's office (Property Tax Division). MANAGEMENT INFORMATION REPORTING AND COORDINATION Management reporting is another key to effective client coordination and collection success. We provide our clients with reports concerning collection results, workload and status of accounts. Management of our multi-faceted services requires reliable control of information and accurate • reporting. Because of our computer capability, we can provide information that serves as a valuable tool in budgeting and revenue forecasting. Reports can be generated which can be used for the following purposes: J • To provide a profile of the delinquent tax roll (by property type, dollar range, years II of delinquency and frequency of delinquency); Page 43 • d • w • f 1 • To track collection progress; • To track lawsuits and the litigation process; 1 • To track bankruptcy; and 1 0 To highlight problem areas requiring special work programs (e,g, bad address, appraisal problems). Upon request, our staff will provide annual revenue estimates to tho City of Denton as part of the City's budget process. We will also assist in providing tax related Information should the City of Denton be involved in a bond rating review process. In addition, BGSM provides annual performance reports, and, if desired, appears before our client's elected body to update our collection efforts and address any questions they may have. 1 1. Page 44 • w • IV. DATA PROCESSING CAPABILITIES (RFP Selection Criterion 3) Our law firm has pioneered the application of high technology to the delinquent tax collection / process since entering the field in 1980. From our beginning, representation of the largest # taxing jurisdictions in Texas has caused us to invest millions of dollars to develop the very latest, state-of-the-art data processing and communication technology for the specialized purpose of collecting taxes, both delinquent and current. This technology has enabled our law firm to develop software applications that meet the changing needs of our clients for both tax and miscellaneous collection support. Recognizing our clients' growing need for advanced software application, we organized United Governmental Service of America, Inc. (UGSA), a computer service company which is wholly owned by our law firm. Taxing jurisdictions of all sizes throughout Texas have benefited from the technology that we have developed. These capabilities are described in much greater detail below. Also included in this Section is an itemization of our hardware and software resources. Each year UGSA processes over 1,000,000 delinquent tax accounts for our clients throughout Texas. We mail approximately 1,500,000 demand letters annually in addition to preparing more than 30,000 lawsuits. Our data processing staff designs and creates specialized reports and I listings that aid our Denton BGSM staff in their collection, research and litigation efforts. We determined early in our practice that delinquent tax collection is a highly specialized area of data processing. However, extensive research revealed that existing software failed to meet our clients' requirements fora high volume collection effort. Consequently, from our inception, we have employed our own systems designers and computer programmers to develop specialized applications of the latest technology for the specific needs of our law firm and our clients. The result has been the development of DELTAX and CATS, copyrighted software systems specially designed to support all aspects of the delinquent tax collection and litigation programs. Most recently, the staff has developed and installed BATS, a statewide bankruptcy tracking system, As we service our clients throughout the state, we are continuously developing, testing, applying and perfecting our system methods. As new procedures are developed, every client benefits from these new developments and ideas. i Page 45 • • DATA PROCESSING APPROACH The design of our delinquent tax collection support software is predicated on the belief that the ultimate repository of all tax information is, and should be, the tax records of the taxing jurisdiction. Therefore, no attempt is made within our system to parallel the dynamic files maintained by the City's Tax Office. Rather, our system is based upon receipt of periodic, preferably monthly, copies of the Tax Office files reflecting outstanding delinquency. During periods of more intense delinquent collection activity involving high taxpayer contact, more frequent copies of the delinquency files may be requested to allow our customer service staff and legal assistants to have more timely records of payments and adjustments to the files. This access provides the most timely information on a tax account for purposes of customer service inquiries, litigation research or other direct contact with taxpayers. Our system retains a complete history of all collection activities related to each delJnquent account. This history system includes the tracking of address changes, increases or decreases in base tax owed, taxpayer inquiries received by our office, the dale and type of each mailing, as well as codes to indicate if a letter was returned undelivered. If a jurisdiction has a requirement for special types of history information, such as property value or telephone contact, our system can easily be adapted to those requirements, DELINQUENT TAX COLLECTION SUPPORT SYSTEMS UGSA uses DNLTAX, a software developed and refined by our own staff through years of actual use to support all aspects of the delinquent tax collection system. The software has been optimized to take advantage of the best features of computer systems ranging from large mainframes to desktop micro-computers. This diverse combination of hardware and software allows us to combine efficiency whit personalized taxpayer service. The computer technology interfaces with all facets of the collection program including taxpayer assistance, telephone collection, bad address and ownership research, lawsuit generation and management reporting. Based on the workplans for each client, the following products are generated: • Regular Mailings - high volume personalized mailings accompanied by detailed * tax statements, used for all accounts subject to mass mailing activity; a Special Mailings - highly personalized low volume mailings usually consisting of 200 or fewer letters to taxpayers failing within selection criteria targeted in the workplan; r a Lawsuits - tax database and automated title report information merged to produce laser generated petitions, citations and automated updates to the lawsuit tracking N system; • • r a Page 46 1 tt a w • Specialized Listings - reports detailing the status of various portions of the delinquent roll such as bad address accounts, returned mail, accounts available for lawsuit, accounts available for mailing, hardship accounts and other subsets of the roll; • Management Reports - analytical reports of tax roll Information that enable our law firm to design a workpian that maximizes collection efficiencies. The reports may also be used to forecast collections for budgetary purposes. i AUTOMATED CASE TRACKING SYSTEM To more effectively process lawsuits through the court system, our law firm has developed a sophisticated on-line Case Tracking System (CATS) designed for the specific use of our law firm's attorneys, paralegals and litigation assistants. CATS is an on-line computer tracking system designed to track the movement of cases in the courts and generate legal documents. This system gives the litigation staff the ability to inquire into and update all information regarding defendants, plaintiffs, tax amounts, legal descriptions, account numbers and the general litigation status of each lawsuit. This state-of-the-art system provides BGSM with the ability to determine needed actions to prosecute each lawsuit to final disposition. AUTOMATED BANKRUPTCY TRACKING SYSTEM The Bankruptcy Tracking System is an on-line bankruptcy tracking and document generation system. The system's centralized file design allows for the consolidation of multiple client and account cases into one bankruptcy case entry. This permits BGSM to track, analyze and prepare documents for all pending bankruptcies and client accounts on a statewide basis. • Page 47 i ~ 0 ~ V'' • • DATA PROCESSING HARDWARE RESOURCES This section of our proposal itemizes our data processing hardware and related resources. IBM IBM 4341 II Mainframe (installed 1985) consisting of: I - IBM 4341 It Mainframe with 8 Megabytes of Main Memory and 16 Megabytes Virtual Memory Storage 1 4 - STC 4500 Series Dual Density Tape Drives, 1600/6250 BPI 9 7- STC 8360 Disk Drives, 8 Spindles with 317 MB Storage per Spindle and 6 Spindles with 634 MB Storage per Spindle (total of 63 Gigaby(es) I - STC 8002 Disk Controller 1 - STC 1800 LPM Printer I - XEROX 4050 Laser Prhaer capable of printing 50 pages per minute I - IBM 2540 Reader/Punch Data Communications Hardware I- Penril VCX 1000 19 Slot Data Yi3X, Statistical Multiplexer 3- Penril Datalink 9600 PT Intelligent High Speed Modems I- Penril CSU/DSU SU56K I- NEC: ND4 Enhanced Digital Channel Bank I- ADC Kentrox Tserv CSU/DSIJ Operating Systems DOS MVT/VSE Languages CICS 1.5 ASSEMBLER COBOL 74 DYL-280 • The IBM 4341 Mainframe operates DELTAX, CATS and BATS to process delinquent tax infor- mation for each client we represent which includes more than one million delinquent accounts statewide. Our North Texas (Dallas) Regional Office has on-line access to the system through high-speed telephone lines. We currently have 75 terminals statewide that access the system simultaneously on a daily basis, while the system can accommodate up to 300 terminal users at • one time. r _ Page 48 • o • p • V. The system allows our law firm to merge account information from different taxing entities within a regional area (i.e., County). This enables us to provide the taxpayer with a total balance of taxes owed to all taxing entities and the total amount owed by a single taxpayer with multiple properties (i.e„ real estate developer), The system is also helpful in researching bad addresses by comparing addresses of various taxing jurisdictions within one County. HEWLETT PACKARI) The remaining hardware and software described in this section is owned and controlled by UGSA. The Hewlett Packard Systems are accessed by high-speed telephone lines from tax offices across the state who utilize the system. The HP Series computers can collectively process more than one million accounts. HP3000 Series 68 (installed 1989) consisting of: 16,777,216 Bytes of Memory 2 - General 1/0 Channel, allowing up to 6 external device each (i.e. disk drives, tape drives, printers) 1 - ATP System Interface Board 5 - A'' P Direct Connect Port Controller, supporting up to 60 terminals each 5 - 404 MB disc drives with controller cache (total of 3.2 Gigabytes) 3 - F-400 406 MS Winchester Disc Drives 4 - Black Box Multiplexors, permits up to a maximum of 16 terminals in multiple locations 4 - Black Box 9600 Modems, operating at up to 9600 bits per second 3 - Optical Character Reader Scanners This configuration is currently used for software development and as backup to the processing on the Series 52 described below. The system can be configured to accommodate up to 120 terminal users simultaneously on a daily basis. HP3000 Series 52 (installed 1987) consisting of: • 8,388,608 Bytes of Main Memory 2 - General 1/0 Channel, allows up to 6 external devices each (i.e. disk } drives, tape drives, printers) i I - ATP System Interface Board • 1 - ADCC Modern Port Controller, supporting up to 4 terminals each • • _ Page 49 • O e e T 2 - ATP Direct Connect Port Controller, supporting up to 24 terminals each 5 - 404 Disc Drive with Controller Cache (total of 2,01 C;fgabytes) I - 1600/6250 Characters Per Inch Tape Drive i - 600 Lines Per Minute Printer I - Remote Printer 2 - Black Box Multiplexors, permits up to a maximum of 16 terminals in multiple locations 2 - Black Box 9600 Modems, operating at up to 9600 bits per second j This configuration is currently used by the. City of Harlingen Tax Office, Harlingen C€SD, Los i Fresnos ISD and City of Grand Prairie for remote processing of tax Information. The system can be configured to accommodate 64 terminal users simultaneously on a daily basis. HPMW Micro LX (installed 1990) consisting of: ' 2,097,152 Bytes of Main Memory 4 - Serial Ports € - 85 MB Fixed Disc Drive I - Cartridge Tape Drive This configuration is used for small portable demonstrations of the Tax Collection System. it is also used to translate and transfer data from a cartridge tape to the HP and IBM computers. The system has 85 million bytes of storage capacity. The system can be configured to accom- modate 4 terminal users simultaneously on a daily basis. Non-dedicated Hardware 44 Hewlett-Packard Terminals available for connection to any of the four Hewlett-Packard mainframes. Q Languages i BASK: COBOL 74 FORTRAN S PL RPG Operating System e MPE/V Page SO I ~ 0 1 + , • w • i Novell Network System consisting of- 4 - 386SX connected to AT Server Host with a 40 Meg Hard Drive 1 - Austin 386DX with 8 MB RAM, 25 Mhz, 120 MB Hard drive with 1.2 and 3.5 floppy drives 2 - Austin 386SX with 8 MB RAM, 20 Mhz, 40 MB Hard drive with 1.2 and 223.5 floppy drives I - Austin 386SX with 8 MB Ram, 16 Mhz, 40 MB Hard drive with 1.2 and 3.5 floppy drives I - HP Laser Jet 111 I - HP Laser let 11 I - Okidata line printer Tools WINDOWS DOS 6.0 PC TOOLS PC ANYWHERE LAN PC ANYWHERE MICROFOCUS WORKBENCH - COBOL 2 - CICS EMULATOR - VSAM EMULATOR This Local Area Network is being used in conjunction with the MicroFocus Workbench software to implement the UGSA Tax Collection System operating on both the Dallas County and the City of Dallas mainframe IBM compatible computer, UGSA has developed and installed software to replace both the Dallas County and the City of Dallas tax collection software, Support Equipment ' Personal Computers: 83 Personal Computers I - Compaq 386, 20 MB Hard drive, 640K RAM ` 2 - Compaq Portable 111, 20 MB Hard drive, 640K RAM • 48 - IBM Ats or Compatibles 2 - 60 MB Hard drive, I MB RAM I - 60 MB Hard drive, 4 MB RAM I - 50 MB Hard drive, 640K RAM 2 - 40 MB Hard drive, 640K RAM 4 - 30 M8 Hard drive, 640K RAM ® 33 - 20 MB Hard drive, 640K RAM • 10 - IBM XT's or compatibles with 20 MB Hard drive, Page SI f w.....~...~....-.-..«-.fir.. ~ ...............~i. ~ W.r._ _ . .~11 • a • 512K RAM 19 - IBM PS/2s 12 - Model 30 with 20 MB Hard drive, 640K RAM 5 - Model 50 with 20 MB Hard drive, 1 MB RAM 2 - Model 50 with 60 MB, I MB RAM 3 - NEC 386, 25 Mhz, 100 MB Hard drive, 4 MB RAM Printers: 1 78 Printers 43 - Hewlett Packard LaserJets 3 - L,aserJet III 36 - LaserJet 11 4 - LaserJet Plus 17 - Dot-Matrix, High Speed Printers 1 - Hewlett-Packard Four-Color Plotter 17 - Quiet Writers Terminals: 48 Terminals 16 - ADDS 3220 Terminals 32 - ITT Courier Terminals (3270 look alike) • Page 52 v • • V. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Blair, Goggan, Sampson & Meeks is an Equal Opportunity Employer, The law firm has always complied with not only the letter but the spirit of the law regarding the Civil Rights Act of 1%4, and related equal employment opportunity legislation, DeMetris A. Sampson, a partner in the law firm, serves as BGSM's Affirmative Action Liaison Officer for our North Texas (Dallas) Regional Office. Our law firm demonstrates strong support for minority and women business enterprises, as well as to our commitment to providing ownership and career opportunities for minorities and women within our law firm. BGSM's Affirmative Action Program and Minority/Women Business Enterprise (M/WBE) Expenditure Plan includes minority and female participation in the following ways: • Part nershiplOwnership Interest (Ms. DeMeiris A. Sampson is an African- American female who has been a partner in the law firm since February 1989 and i has been included in the law firm's name in North Texas since June 1993,) 0 Employment of Minorities and Women Within BGSM (Our law firm employs a high percentage of minorities and women, including the ranks of attorney, managerial and professional staff.) Total Dimas Staff: 1 Total Minority 55% ' African American 59% Hispanic 18% Other Ethnic Minorities 2310 Anglu 4596 • ~ Gender; 1 Female 73% Male 27% , i r Page 53 I • • Attornev. Managerial and Supervisory Staffi Minority 30% Anglo 70% Female 80% Male 20% • Minority Law Clerkship Program (in addition to providing career opportunities through permanent employment, we have also provided a Minority Law Clerkship Program each summer since 1987,) • Subcontractors (Our Dallas office contracts with minority and women-owned firms for legal assistance, process service and abstract and title research.) • Vendors and Suppliers (We strive to utilize local minority and female-owned business whenever possible,) Our law firm's policy is to give preference to M/WHE companies. MAYBE have provided the following goods or services: office supplies, bulk purchase of envelopes, engraved stationery and printing, computer services and equipment, travel needs, temporary labor, refreshment supplies, florists, catering and media relations). Our commitment to Affirmative Action and the inclusion of minorities and women in all aspects of our contract is unparalleled by any other delinquent tax collection law firm. 1 I • 1 • • Page S4 1 .:'ii Sa an4'~ ~.7 Y~1 a~~ 1 . •1j ~'R 'St ~r~~_ • Q► • VI, SUGGESTED PERFORMANCE CRITERIA Because an effective delinquent tax collection program is comprised of a comprehensive set of services, we recommend that numerous criteria should be utilized by the City of Denton in evaluating the success of a contract. However, revenue production is the reason the contract exists and therefore, should be the key element of consideration. In response to the RFP's request for suggested performance criteria, we have detailed a number of items which the City of Denton can quantifiably measure the success of the contract, These include: • Revenue production • Quality and success of the litigation program • Scope of services provided • Degree of account resolution • Degree of law firm's responsiveness to taxpayer concerns 0 Quality of the data processing capabilities and support provided • Quality and extent of overall staffing and assistance to the City of Denton • Quality of management reporting The most important criterion for the City Denton to utilize In evaluation of the success of the contract is revenue production. This is the primary goal of the contract and can be measured by the City on a monthly and annual basis. A proven and predictable track record is critical as both a selection criteria and performance measure. The overall quality and success of the law firm's iitigation program can be measured through reporting techniques. The quality of the lawsuit preparation, the timeliness by which the cases are handled and the disposition are all important performance criteria. I 0 The scope of services provided is indicative of the success of the program. A comprehensive set of legal, collection, research and support services should result in a greater amount of revenue. A Nvorkplan should be continually monitored and updated based on collection results and information provided in management reports. Additional performance criteria related to scope of services include: the amount of generalized and targeted mailings to delinquent O accounts, the amount ot'successful telephone collection calls made, the success of the litigation • 0 conducted and the support services provided to the City. Page SS 1 1 • cn • The extent to which problem accounts are resolved, and the law firm's efforts result in improved collectibility of a tax roll, is an important performance criteria. The results of various research efforts involving bad addresses, lawsuit service and uniocatable taxpayers can be measured. The degree of a law firm's responsiveness to taxpayer concerns can be measured by the quality and timeliness of the law firm's correspondence sent in response to taxpayer inquiries, by measuring the volume of taxpayer complaints and resolution of these problems and by observing the staff assigned to this project. It goes without question that the staff must conduct I business with taxpayers on behalf of the City in a professional, fair and equitable fashion. The data processing support that the law firm makes available to the City is another important performance criteria. It is critical that the law firm's technology be state-of-the-art, the hardware adequate to handle large quantities of data rapidly and the programming staff knowledgeable. The staffing that the law firm dedicates to the project is an important performance criteria. The quality and experience of the staff assigned to this project are both important determinants. The extent to which the project team is responsive and is capable of serving as an extension of the City staff is vital to the success of the program. The City can measure the extent of direct and indirect assistance it receives from the law firm and quantify the amount of City staff time that can be redirected to other projects. The quality and timeliness of the management reporting is important. Reports that detail collection results, workload statistics, status of accounts and litigation tracking are helpful to the 1 monitoring of a collection program and serve as valuable tools in revenue forecasting and measuring the success of the law firm's performance, PERFORMANCE COMMITMENT \ Based on our law firm's proven experience from 1986 to 1993 in collecting delinquent taxes for 1 the City of Denton, and our current representation of Denton ISD, we are in a unique position to make collection projections. We commit that our collections will total at least 60% of the total amount of base tax of current year delinquency that exists on July 1 (the new "turnover" roll) by the end of the twelve month period beginning July I and ending June 36. We will maintain this performance standard during each year of the contract. If we do not meet this commitment, we will supply the City $4,OOO worth of legal services, 0 programming and computer services or a cash payment, according to the City's preference. If • • the City should revise its criteria at any time during the selection process, we would welcome - Page 36 1 • 0 • a • the opportunity to negotiate any additional desired services or enhancements with the City. BGSM pledges to exercise good faith and due diligence in the collection of delinquent taxes for the City of Denton and in our efforts to meet this performance goal. I( should be recognized that the law firm should not be penalized if adverse economic conditions or other factors beyond its control cause a material reduction in the collection percentage. In addition to maintaining this standard of performance, BGSM will, at no cost to the City, rile bankruptcy proofs of claim for utility accounts. In addition, BGSM will provide assistance in t the collection of paving and mowing liens through the inclusion of tax lawsuits, • Page 57 ~w-w.!w..w.--we~w.-iM-. ~ rn.wrr+wM„l-'-••6•~~iiG..'tl1'lr•••. ~ ' i I Ht'A f~ f -,4}'1~4)„J ~i ~ 7 43 { ig~J:1 • • ~i , l`. i, "7~. ~'~~f``r (:i p~~r ih~,tyv5lt~~~,l~'{y1~~~tl ~i?yytP S t'. .1 Ut!~ 3Ii Z', • Q • i VII, DIVISION OF RESPONSIBILITIES We have attempted throughout our proposal to describe our law firm, staff, data processing expertise and the scope of services we employ io collect delinquent taxes for the City of Denton. The purpose of this section is to recap the points listed in the City of Denton's Request for Proposals under "The Law Firm Will" and "The City of Denton Will." iR&wnsibIlItles of the Law Firm 13GSM affirms its willingness to provide the following services and functions as stated in the RFP- 0 Receive the delinquent tax rolls. Substitute as attorney of record on all existing suits and interventions; pay all court cost and filing fees. • Provide all research and paperwork necessary to provide taxpayers and Tax Collector with correct or corrected information to update the City files, including forwarding addresses as located. 0 Submit monthly reports of suits filed on accounts and duplicate letters sent to taxpayers. • Provide a quarterly report to staff that could be submitted to the City Council for review. Provide monthly reports on pending suits, judgments and foreclosures. • File suits on delinquent taxpayers that do not respond in accordance with the directions provided by the City of Denton. • Intervene in delinquent tax suits filed by Denton County and Denton Independent School District, if applicable, pursuant to Section 33,44, Texas Property Tax Code. • Firm shall he responsible for filing of delinquent tax claims in bankruptcy proceedings including claims and actions required to be filed with Federal agencies such as FDIC, FSLIC, and RTC; and consult with City of Denton attorneys on such matters. • File suits for collection of delinquent taxes pursuant to Sections 33.41 and 33.42, Texas Property Tax Code, or file on judicial foreclosures. • Follow through on all suits and provide reports to the City of Denton. a. Provide recommendations, for qualified individuals pursuant to Section 33.02, Texas Property Tax Cade, that an installment agreement be entered into between City and taxpayer. • Provide legal support and research as needed. • a. Provide recommendations to not pursue a case if a case is weak or the likelihood of collection low or unlikely, b. Provide city of Denton's Assessor/Collector legal advice and written opinions upon request, 0 Only collect those groups or individual accounts which the City of Denton determines in its discretion are to he collected by firm. • • ® • Provide all supplies and postage necessary to handle billing, - Page 58 • ca • • Obtain the ownership records of all property on which a suit is filed at firm's expense. • Provide total and complete delinquent tax collection, including court filing fees and all other costs, pursuant to Sections 33,48 and 33.07, Texas Property 'fax code, and indemnify and hold the City harmless in any suits or liability that may result from the delinquent tax collection. • Propose a method of assuring that the amount of delinquent taxes collected by the Law Firm will be at least equivalent to the amount projected to be collected by in-house staff for the 1995-96 and 19%-97 fiscal year, (See method of assurance at end of this section.) • Propose a method of payment. • Be entitled to fees on amounts actually collected while this contract is in effect pursuant to Section 33,07 of the Texas Property Tax Code. Provide information concerning minority involvement and indicate consideration of minority subcontractors. Indicate the ethnic makeup and the sex of your staff, presently and projected, if not presently fully staffed. • Coordinate the filing of all tax suits with the City Attorney and all tax collection efforts with the City of Denton Tax Department. • Provide for copies of all tax files to be turned over to the City Attorney when the contract is terminated, • Make recommendations to Tax Department on accounts to be collected (i. e. mobile homes, aircraft and business personal property) by summary seizure (Tax Warrants) and perform all legal work necessary to reduce those accounts to payment of taxes pursuant to Sections J 33.2 1, 33.22 and 33.23, Texas Property Tax Code. • Maintain collection rate of sixty (60%) percent of delinquent tax base, with penalty clause initiated on the collection agency if this is not adhere,i to. • Provide concentrated effort toward the collection, w0in the statute of limitation period, + of delinquent mobile home and business personal property accounts. I Resnonsibi_ lltles gf City of Dentot BGSM accepts that the City will perform the following }'unctions; • Provide a roll of delinquent accounts to be collected. I • Provide for updated information (i e. adjustments, payments, errors, double assessments, or other discrepancies) on delinquent accounts to be forwarded to the law firm, • • Be able to terminate contract with thirty (30) days notice. • Pay the law firm's fifteen (15%) percent of the amount of all delinquent taxes, pursuant to Section 33.07, Texas Property Tax Code, penalty and interest actually collected an paid to the collector of taxes during the term of this contract. The collector shall pay said funds monthly by check, • Notify the law firm of any taxpayer that has filed bankruptcy and the City has been © notified of such. • 0 Page 59 • O • • The City will allow an additional six (6) months to reduce to judgment all suits filed prior to the last date of the contract. • Prepare and mail tax stat,ments at least thirty (30) days (no more than sixty 160] days] prior to delinquency date, giving notice to the delinquent taxpayers of the potential add-on cost of collection, 1 1 I 1 1 I I • I a • • Page 60 i • w • V111. ATTORNEYS FEES We propose to collect delinquent taxes for the City of Denton for a fee in the amount of fifteen percent (;5%) of the amount of taxes, penalty and interest actually collected (Sections 6.30, 33.07 and 33,48, Texas Property Tax Code). No fee will be payable until the delinquent tax money is collc% tad and in the City's treasury. Our fee would be payable on a monthly basis. This is a standard arrangement throughout the state and was previously promulgated by the State Property Tax Board, At no additional cost we will provide legal representation in connection with all phases of collection activity as described previously. It is the considered legal opinion of BOSM that contracts and compensation for private attorneys in the collection of delinquent taxes are strictly governed by Texas Property Tax Code Sections 6.30 and 33.07. It has been consistently held by the Courts of Texas and Office of the Attorney General of Texas that taxing units have no authority to hire or compensate attorneys except by that authority expressly conferred by statute. • • 0 • I Page 61 e e r a APPENDIX A r t I I t s + ~ e e I e e i t rL l ~ F~ l r i}~^ ~1 ~ ~ r • a• • CLIENT L . TIN' COUNTY CLIENTS Dauas County i David Childs Tax Assessor-Collector County Records Building Dallas, Texas 75202 (214) 653-6056 Hunt County Joyce Barrow Tax Assessor-Collector P.O. Box 1042 N Greenville, Texas 75402 (903) 455-1210 Tarrant County June Garrison Tax Assessor-Collector 100 East Weatherford Street Port Worth, Texas 76196 i (817) 884-1106 i •i i Page 63 l • I ca • Y CITY CLIENTS Chy of Alvarado City of Caddo Mills W. E. Carroll Ginger Hudson Tax Assessor-Collector City Secretary P.O, Box 75 P.O. Box 477 Alvarado, Texas 76009 Caddo Mills, Texas 75135 (817) 556.0826 (903) 527-3116 City Arlington City of Carrollton Dale Hicks Beverly Murphy Tax Assessor-Collector Tax Assessor-Collector P.O. Box 90090 P.O. Box 115125 l Arlington, Texas 76004 Carrollton, Texas 75011 (817) 459-6262 (214) 466.3128 City of Barlonville City of Cockrell Hill Ann Marie Moore Sally McGlaun City Secretary City Secretary 1941 East Jeter Road 4125 West Clarendon Drive Banonville, Texas 76226 Cockrell Hill, Texas 75211 (817) 430.4052 (214) 330-6333 City of Bedford City of Commerce Jim Walker Roger McKinney City Manager City Manager ' P.O. Box 157 1119 Alamo Street Bedford, Texas 76095 Commerce, Texas 75428 (817) 952-2100 (903) 886.1100 't'own of Buckingham City of Dallas Carolyn Jones Jayne Morrell Town Secretary Tax Assessor-Collector P.O, Box 831452 1500 Marilia Street, 2CS Richardson, Texas 75083 Dallas, Texas 75201 • (817) 373-2588 (214) 670-3443 l - Page 64 I • p r i - City of Dalworthington Gardens City of Joshua Greg Shugart Kay Hall Budget Director Tax Assessor-Collector 2600 Roosevelt Drive 109 N. Main Arlington, Texas 76016 Cleburne, Texas 76031 (817) 274-7368 (817) 558-8101 City of Euless Cky of Keene 1 Debrah Forth Kay Hall Director of Fiscal & Human Resources Tax Assessor-Collector 201 North Ector Drive 109 N. Main f Euless, Texas 76039 Cleburne, Texas 76031 (817) 685-1444 (817) 558-8101 i City of Forest Hill City of Keller Cecil Berry Beverly Queen Director of Finance Finance Director 6800 Forest Hill Drive P.O. Box 770 Forest Hill, Texas 76140 Keller, 7exl-a 76244 817) 568-3000 (817) 431-1517 City of Frisco Town of North Richland Hills Frances Justus, RTA Debbie Durko Tax Assessor-Collector Budget Manager P.O. Drawer 1100 P.O. Box 820609 Frisco, Texas 75034 North Richland Hills, Texas 76182-0608 (214) 335-5555 (817) 581-5536 City of Grand Prairie City of Pantego Sophronia Johnson Larry Smith Revenue Manager City Manager P.O. Box 534045 P.O. Box 13210 Grand Prairie, Texas 75053-4045 Pantego, Texas 76094 (214) 660.8125 (817) 274.1381 Page 65 A t~ A r , City of Pelican Bay City of Sansom Park Shirley Climer Deana Keplinger City Secretary City Secretary 1300 Pelican Circle 5500 Buphanon Azle, Tex-s 76020 Furt Worth, Texas 76J 14 (817) 444-1234 (817) 626-3791 City of Prosper City of Seagoville Radeane Herron Donna White Tax Assessor-Collector Tax Assessor-Collector P.O. Box 65 702 North Highway 175 Prosper, Texas 75078 Seagovitle, Texas 75159 (214) 347.2313 (214) 287-2050 I City of Quinlan City of Sherman Chris Hadjison Greg Krueger City Secretary Director of Collections P.O. Box 39 205 North Travis Quinlan, Texas 75474 Sherman, Texas 75090 (903) 356-3306 (903) 893-9673 City of Rio Vista Georgia Jones Tax Assessor-Collector P.O. Box 129 Rio Vista, Texas 76094 (817) 373.2588 l City of River Oaks Bonnie Gibbs Acting City Secretary 4900 River Oaks Boulevard Fort Worth, Texas 76114 (817) 626-3791 i A r. hege 66 A 0 • - as • SS~tiQUl. DIST12tC7r r Alvarado ISD Dallas ISD Dr. Ben Colwell, Superintendent Jayne Morrell, Tax Assessor-Collector 110 South Campas 1500 Marilla Street, 2CS Alvarado, Texas 76009 (817) 783-6807 Dallas, Texas 75201 (214) 670.3443 Bland ISD Denton ISD Larry Johnson Gilbert Bernstein, Assistant Superintendent Superintendent Denton ISD Central Services P,O. Box 216 1307 North Locust Street Merit, Texas 75072 Denton, Texas 76201 (903) 776-2239 (817) 387.6151 Caddo Mills ISD Grand Prairie ISD r Jerry Holland, Superintendent David Childs, Tax Assessor-Collector 1. P.O. Bot 160 500 Elm Street, Records Building Caddo Mills, Texas 75135 Dallas, Texas 75201 1 (903) 527.3164 (214) 653-7811 I Community ISD Lancaster ISD Ronnie McClendon, Superintendent Gary Faunce, Assistant Superintendent P.O, Box 400 1105 Westridge Avenue Nevada, 'T'exas 75173 Lancaster, Texas 75146 (214) 853.2474 (214) 227-1102 Crowley ISD Dan Aiile, Budget Director Lone Oak 1SD Superintendent d P.O. Box 688 Bob Fannin, ox 38 Crowley, Texas 76036 P,O. Box 3 ~ (214) 294-5800 Lone Oak, Texas 75453 (903) 662-5427 1 I j Pace 67 i i • • Melissa ISD Wolfe City ISD Mary F. Reed John Sneed, Superintendent Tax Assessor-Collector P.O. Drawer L P.O. Box 127 Wolfe City, Texas 75496 Melissa, Texas 75454 (903) 496-7333 (214) 837-2360 Rio Vista ISD Prosper ISD Dr. Sharon Miles Superintendent Radeane Herron P.O. Box 369 Assessor-Collector Rio Vista. Texas 76043 P.O. Box 65 (817) 373-2241 Prosper, Texas 75078 (214) 347-2313 Sherman ISD Dr. Bob Denton, Superintendent P.O. Box 1176 Sherman. Texas 75091 ! (817) 893 9673 1. • Page is i Si( _i tl.."~ A /l i 1~ Y Y♦(1 .1 ~1~s~V1 'T d r t'N~' 1 }i F • • ,.r OTHER CLIENTS Dallas County Community Tarrant Co:mty Hospital College District District David Childs June Garrison Tax Assessor-Collector Tax Assessor-Collector County Records Building 100 East Weatherford Street Dallas, Texas 75202 Fort Worth, Texas 7616 (214) 653-6056 (817) 884-1106 Dallas County School Tarrant County Junior EquaUation Fund College Distrito David Childs June Garrison Tax Assessor-Collector Tax Assessor-Collector County Records Building 100 East Weatherford Street ' Dallas, Texas 75202 Fort Worth, Texas 76196 (214)653-66~e'6 (817) 884.1106 Parkland Hospital Tarrant County Rural Fire District District N 1 1 David Childs June Garrison 1 Tax Assessor-Collector 'l'ax Assessor-Collector County Records Building 100 East Weatherford Street Dallas, Texas 75202 Fort Worth, Texas 76196 (214) 653-6056 (817) 884-1106 Tarrant County Fresh Water Denton Road Utility District Nl District d1 June Garrison Bob Wred Interests Tax Assessor-Collector Prx Assessor-Collector 100 East Weatherford Street IIt I1 Katy Freeway, Suite 725 i Fort Worth, Texas 76196 Houston, Texas 77079-2 1 9 7 (817) 884-1106 1 Page 69 • Q • r FORMER CLIENT In its history, Blair, Goggan, Sampson & Meeks has never had a contract terminated for cause or any other reason. Over the years we have gained and lost clients in the usual course of r business, resulting from changes in personnel, changes in the political situation and numerous ■ other factors. This has only occurred at the end of contract periods. We regret that some of our clients chose other representation, because in each instance, BGSM had achieved increases in collections and performed our collection activities in a professional manner. There are three significant instances of non-renewal of contracts within the past five years which in our opinion merit an explanation. City of Denton BGSM, along with local Denton attorneys Mike Gregory and Curtis Loveless, represented the City of Denton from Jul), 1986 through June 1993, In spite of our success at both the City of Denton and Denton ISD, the City chose to change law firms to McCreary, Veselko, Bragg & Allen and their newly formed joint venture with the local, politically active firm of Hayes, Coffee & Berry. Fort Worth Indepmdcat School District In 1984 we were awarded a tax collection contract with the City of Fort Worth, whl;,h also collected taxes for the Fort Worth Independent School District. We had no direct contract with the School District nor any working relationship with it. All of our dealings were with the City. In 1992, the School District terminated its relationship with the City. It also decided to hire its own separate tax firm. The District's tax collection rate was diminished as a result. Chi ,t~LFQrt Worth Our longstanding contract with the City of Fort Nlorth came up for renewal this year. Despite a strong recommendation supported by significant statistical data by the City Tax Office and the • City Manager, the Council, by a five-to-four margin, awarded the contract to a local group headed by former Fort Worth Mayor and State Senator, Hugh Parmer. Whiie we regret the loss of the clients listed above, it is important to note that during this same tune psriod our longstanding contracts with such major clients as Dallas County, City of Dallas and Dallas Independent School District, City of Carrollton and Tarrant County were renewed • • ® and extended for multi-,year periods. Page 70 i r • • r i APPENDIX B ! ! ! t ! ! ! ! ! { • p • • ~s BLAIR, GOGGAN, SAMPSON & MEEKS July 1994 Mailing Schedule I(7 159a 19117 FORMS I'All I! '1'AIT SHN I' SAMITFS 5% 954}, "101 Al. N 101'Al D0I I „liti f , WHISL11llu1N DA IA ;U10 APPROVED RVC 10D.P. ClIECKH) MAILED MAILED MAILED NIAlll(U I 'I'arranl Counly (Total) Y N 06129 07/08 07/08 07/11 07/11 07/13 25,756 $ I I,N38,927 j Pity of ArImpla Y N 06129 07/07 (17#)7 07/118 117113 2,025 SI,186,128 Rio Vista IND V Y 116"24 IT 06/29 202 $91,825 Coy of R(s, Vista Y Y - 07112 PC - - - - - - 07112 - 54 $20,557 ' CtlyIII Rly Oaks Y Y 0(,/29 PC 07/1)(, 181 $97,852 Jnhncnn CAD Y N August hqutsnnCu- AlvISUII'I(y Y N 0705 WPM _ 01/06 117im 0108 - w/ii - 748 s36,S.962 Juhnsnn ('I)- (411,11 Ust Y N 07#15 1171(1) 07/06 07107 (17/08 64 61(010 r' ~Cllynfballp Y N 06129 07/08 07108 07108 07/11 07/13 26,860 $33,582,277 11,11 Lc. 1'uunly (1 )nay) Y N 061.1(1 117/(.5 117(06 07108 117!11 (17/Ia 33,658 $12,7(181111 IIrrmdl'r,iricIN 1) 1' N Dalha('o 07/08 07/It (17111 1,793 61,7.10,540 " I mcasic r ISU Y N Dal Im Co 07/18 07/11 117111 S1S $809.127 I ityur( lrull(nn Y Y 00,1211 07W) w/flo 07108 will 129 $512.094) ('iq' of CFMId PI'dIlIc Y Y 07116 07106 (17/07 07/08 (1711.1 1!191 $1,022,483 ('uynfScagocillc Y Y (14;29 07#)7 - 071(16 07/11 - (1 /13 505 S178,127 (l(yalCoi:krullllill Y Y I)a11mCo 117#18 07/11 07111 106 5.19,1114 Ilunll'ounty(111101) Y N 07)"7 07#16 07106 (17#17 117/(18 07/13 3.971 $1,1817,171 OuuwnlSD Y N 0617(1 07#15 07#18 07/11 07111 07113 16N1 61,181,2r1G , Shcrnunr Cit 11511 Y N Ollf21 (17#IS 07#17 117/1 I Will 07/13 1,357 $1,012,641' Uunu,n ROD kl Y N 1'C 07/116 11791(" 20 $14.587 Il(y'„i 1~10Cu Y N 1,u 011t2 _ 07/12 I6N 641,550 ~ (lly nl l'royt r Y PC 07/117 07117 25 $4,526 1'napcr ISO Y PC 117117 (17/14 79 572.420 MclnsalSO Y N I'(' 117/0 07/117 164 5111;117 CollsiunIIV IS1) Y N 11C 07114 117115 437 S245!)l3 11 n11c t' Ilk ISO 11 lung Cu) Y Y Moll 07/116 457 $207,ba1 ("'Total North 7'e11aN Reglon MaillnES4 103,338 $68,393,927 l„.. nl~ly • • PHOTOCOPY] "aLi♦Ik, IAWWW►M, UAMIUWN M MCCK! A~171Nt re'A7ti AM dry ■~•T..~~w.Rr ~.uc~r or,,.w~a.. ruu July 13, 1N3 MICOUX? NUMBER 115 beer Denton rndepndent sehool bletrlot 76epoyaet Our Ism tim has boon retalpod to lhatituta tossed aallaCtitnre aa.dures to ee13a~ t Mlin•wat Mee* oeod to the penten ladellaMtk #OJMpe7 Dlotriat OA males od orat jsusgs odteliuth:t i io1iti:aori A fir* deliffilvewit 4h* ~ biw wt turned over to W for sellaCtioo. been ~fou meat make paysrnt within days !reel the dote e9 this latter or toot eraaiasttre pa"ofidings dee!lpe0 to eatlsiy your tad N13sq~rreey I atl3Ispq Y~yO~,W. property to the 'highest b:ddar for eseb, to" fit n; out a it we rill fs"st of the court that yrou be required to pe1r 611 eVOW C po"Ity ost , MaQ intirietternor's fees, in sidition to your delis` at taws, I In order to amid the above prateNieta with asaboistod 0orbe and ineenvenioneos, please return the 9n4104ed stoteswent slang vim tour oboek papwo tea I, pestoe C.A,iI. Deetrn t.r.c. Celleetisas r, e, rod sorer Denton, tors 76202-7206 I it you believe this stateMet is in error, or that You $to entitled to an eaemptioA, or it you do not own the Dproperty, pleats I trio late el2iae at .O ea 1517) Dooton, Total 7i60r ead supp:y the ~ 6 Olot with r a'oets. ei naenlr, j SLAIN, OeGOA>t, 7ANPOW i MKI • 14U~ l teplsea it Attorney at tav as=rs analesure ' I 1 a 0 PHOTOCOPY • RlTUIMN- TNIS STATiMiNT vAT14 YpyR 'AYMINT Mti PIA"aw Tat e~bsei _ . L` DOMM a a n- arm"s re On nr ~co~eN sawn wv~0~ Y#Ww rsorwr m~raa~or, AoasA A. MrL~. ~eoe so, enir a, i~o, oro aa~e m w 1 vpm MM tAx MALTY & WM" ..d~le3. --min a441,,M■■kk1.._.. _ _ kilt . ....,...._..1&~r.#i ..N3rJ~ _ . • ..ilk. _ ___...__.._..3~1t!?.» ~.:M., _ n~elL~E.- td. »s sn !!!ell. ul. 21 e PAY 7"s Oun 1 e a _ w • A ATTCRNeve-Ayr LAW A PAFTNCR9pP NrLIAINO PROFrr SIONAL COPPORATIONa i n. e,o i F,1 ..r c,N Uri 614 ttr PROVALFORM UV-10N. rrzM Yuri 7AL6 rAZ If ll) ]w; if if September 14, 1994 .iJ Not ApwM w/ eltaopc ACCOUNT NUMBER AMOUNT DUET $1,936.31 JURISDICTIONSt DENTON 1.S.D. Dear Denton I.S.D. TaA?ayert By our letter of July 13, 1994 you were advised that delinquent taxes r were owed to the Denton ISD. Effective September 1, 1994, the Denton Central Appraisal District is no longer responsible for collecting Denton ISD taxes. All tax payments must now be made to tLa Denon County Tax Office. The records of the Tax Assessor/Collector's Office state that you remain in default and currently owe tax, penalty and interest as shown on the above-referenced account, Lawsuits will be filed on behalf of Denton ISO to enforce the collection of these delinquent taxes. With the aid of a title company, we are verifying the ownership of your property in preparation for a lawsuit. Any court judgment taken against your property could result in a tax sale of the property on the Courthouse steps. Attorney's fees and other costs continue to increase as additional legal steps become necessary, r In order to avoid this costly process, immediate payment must be made by returning the enclosed statement and your check payable tot Denton County Tax Office Denton ISD Collections P, 0. Box 1249 r Denton, Texas 76202-1249 l Do NOT =SITATE. 'this final notice does not ensure that you have not already been,suedt there is no grace period, if you believe that you do not owe this tax, or that you are, entitled to on exemption, or if • ou do not own this property, please write or call our law office at (817) 383-4460, Provide the account number with your comments. Thank you for your assistance in resolving this matter, Sincerely, BLAIR, 000GAN, SAMPSON a MEEKS e ry ~ • • 5Htnp Stephen Blair Attorney at Law Enclosure • O • • . r RETURN THIS STATEP9ENT WITH YOUR PAYMENT MAKE YOUR CHECK, MONEY ORDER OR CARS Ct*CK PAYAEJ TO _ ~l~OVAS. DENTON COUNTY TAX OFFICE 0 A all A a ]iet A""W MAC; PAYMEM T0. q~ ~ OENTON COUNTY TAX OFFICE r DENTON ISD COLLECTIONS P. 0• !OX 120 r DEWON, TEXAS 7002.124! N "Ii TF*S AD7A669 "W6 IN ENVELOPE WINDOW r PROPLRTY DBMIPTIONc r A06Z7A A. HILLi TRACT 30s A'= 0.170, = DOAD TR 39 TAXING JVRIBOICTION6 INCLUDLT iN TOTS BTATEMENTr DENTON I.S.D. r r TEAR6 SASE TAX nNALTI' i INrMST TOTA6 P t 1997. 12z 0,1 48 36 1..37 1992 ._..,,1,14 96 . ..59 65 .._..174.81..,.. 1991 _ 107.93 70.79.. 175 70....._... 1989 19.a3.28 77.62 150.90 68, _ @3,.91 . . . 69,.46_.... _.,_..,134.37.. 1987 . _ _ _..60.21 .......__.72.73..,._ 91....,. 79 54 138 3 • r _ _...1986... _,..:.4.., 19A5... 52,.OZ..,; ..._._..77.2.1..._.. 1?8 93 1984 33.20 97.10 92.30 r 1983 32.40 57.02 !9 42 . r OB) 19.7.4-1.982 _ 2 37.11 .__..........353.67 $954.58 93 .3IJ i r 'TOTAL $900.73 1 21.9,11,31 PAY THIS AMOUNT MAN ca a 9LAIA, MMOAN, SAMPSON 61 MEEKS AT`Mit7g-Av-LAW 0.0, !Ox 1117 72410 CAN, 4EKI11Iv 2,gI1, Ott``-ON. YI2A1 71202 /Af1•17i 7N'N IO 117! ]17x1111 June 15, 1994 APPROVAL PORM >r! eallw pwvvw Call ) Or mago Anount eDue l Dear Taxpsysrr A lawsuit for non-payment of delinquent taxes has baen filed against prepared the above- for final j above-referenced Because you have !Filed to pap these saxes, this lawsuit has been placed in a priority statue and it !thing , Our law udgment firm takes seriously the responsibility to collect delinquent rse owed to our client, Denton !SD rorecute this lawsuit to the fullest ext P entnillowedis our intent to by lawo t Unles• the total amount of taxes, penalty, e interest and Court Costa xe mild within fifteen (18) days of the continue udgment postmark date of this letter, Foreclosure of this ud proceedings against this property, property on the Coyrthouiuld result younarienotisure or sale eny entitled further notice before this ■ction it taken, j DO NOT HESITATE, ACT NOW, This mOtiCt a judgment has not already been granted in favor of our client, To that obtain the total amounts due or if you believe yousaretnot~res responsible a for these taxes, you court for the Litigation D eparcontact our office at (817) 303-4460 and ask tment, 1~on U Sincerely, ll RAtR, GOOMAN, SAMploJi Z NgZKS Sa,np Stephen lair. 1 Enclosure Attorney at Law f , ' ♦ r_wrr ~....L'. 1. a Yp... • • F' RETURN THIS STATEMENT WITH YOUR PAYMENT MAKE YCUNI ChECK, MONEY ORDER OR CASHIER'S C04CK PAYABLE TO DENTON CENTRAL APPRAISAL DISTRICT VIAL PAYMENT TO I DENTON C.A.D. DENTON 1.1,0. COLLECTIONS P. 0. SOX 50701 DENTON, TEXAS 71909.0901 I BE SURE 748 ADDRESS SHOWS IN INVE60PI WINDOW I A MVAL FORM jv~r 0 Not PV*VW Imo AMOW++ 64WN BLOW MAY NOT INOLVOI C01T1 01 OC',lRT ON PON$ WCM MUST If NAID UPON A TAX 6AW$VIT WILL If O IM11110, YEARS SASE TAX PENALTY WIMP TOTAL 01.11 0 PAID • I „ I i 0AV Twit *U^ilNlr • • i HAND OUTS TO COUNCIL 6/20/95 1600 a.ar.~a 7Lr+t - -I~oo S 1NFCHRM IRIW 2 qai 7st7a:1" aC r CK k' (US6)l6l.S)90 A hehui6W CA"UWo IN A, Fbumm AL" Anaiq" a; Ca aWm Dip DW: 7435745 June 16, 1995 VIA FAX 817/5668236 Mr. Frank Robbins City of Denton 215 E. McKinney Denton, TX 76201 Re: RPS Ventures, Inc. Case 2.95007 Dear Frank: I would appreciate your including the attached letter to John Weber in the boxes of the city council members. Thanks, Sincerely yours, W~ Arthur J, Anderson AJA/plg Attachment bA9l1670237 1 • 06169lpi~l 179:1110Sd 7 M.^t7°^ ^f rCr~'iy^ '-'9CY ' ~:~',9!7 ! :R.9i.~ .'Pin IC'J4V'~gC Nlf'31 QN1M,1P - ..,,.~..r,,,,,y,,.. ~ . ~ .«.r...~r.r.a+wY.tiYXVr'.. rere•. . it ~ S ~ il¢; . • d ~~i1i {y r'! yl i 71 rr {440h 4 1yQa ~ v e e . M ee p c NSMAD N00 aaWrynn Tio" ~7Qp1~~;.~~~.r,~(HR~~T,~C/.'~~7~jT' (214) 74f~S400 P 1201 MM at" I 111M 73270.2M CX it NICK alRVpleri2l4)7U•8J90 A r Canoe C"W%CW Diu u 1 bwrca Mater Aaxxre r C MMIM MIXM Crrr Dhm DW: (210141474% Lune 16, 1995 VIA FAX 817!5914067 Mr. John T. Weber 1300 Lindsay Street Denton, TX 76205 Re: RPS Joint Venturer, Ina Dear John: Your June 16 letter illustrates the difficulties we have had communicating with the neighborhood in this case, Prior to the last city council meeting, you and I met with Dr, Eiland Following your initial observation regarding the obvious neighborhood opposition to the proposed howl, I suggested that we discuss each of the reasons for.the opposition. Attar reviewing the neighborhood adjacency Issues with the client and architect, we proposed the conditions which were forwarded to you and the City staff. To the beet of my knowledge, they address each of the concerns regarding the proposed development raised by you and Dr. Eiland, e,g screening, buffering, ilghting, drainage, access, security and orientation toward 1.35. We also diseuseed franchise terms and possible deed restrictions, To simply oppose a hotel for apposition's sake is unreasonable and unfair to a landowner who has relied on city scan and official zoning documents and expended hundreds of thousands of dollars for this purpose, It is difficult for me to understand the reasons for overly restricting this property whose key attribute is 1.35 frontage to a use which "would not attract traffic from IH•3S." In light of the nolt4borhood's opposition to allowing access from Lindsey or Wlllowood, this restriction Is particularly unr1.^ °onablc. i Having received your faxed letter today, 1 am unable to meet this evening due to a previous commitment, We are available to meet Monday evening to discuss the conditions proposed by the applicant In its amended application. Please give me a call at your eullest convenience in this regard. e Sincerely yours, ca- a"44 J Arthur J. Anderson AJA/plg cc: Frank Robbins e DAM610232 • e 061693p)a2 179:I11Dl4 C lr17C74~0:!'CC ..C~9~Kn W~9CN ' Yia:9:7 Qti,'.D!,~ ~ . ? 141W IS~KNJ3S Ot<3~.SN1M;lB x.75 e ; • c> 0 r HAND OUTS TO COUNCIL 6/20/95 - s H>!~► ,~ItMUNrrY our JUNE 15, 1995 Mr. Arthur J. Anderson ~i Attorney at law Winstead Sechrest & Minick 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-21099 RE, 4.205 Acres Located on IH 35 @ Lindsey Street Dear Art, i am greatly surprised by your letter of June 7, as we have never indicated our group would respond positively to having a motel built in our neighborhood. I understand that it is yourjob to attempt to present RPS Ventures as the aggrieved party. 11'anyone is wronged, however, It is the inhabitants who built their homes and raised their families in the Denia Community and expected to live out their lives in peace and harmony, if anyone Is aggrieved, it is the homeowners who have been tormented for a year by RPS Ventures relentless assault, Your reference to your party's reliance on an illegal and erroneous map that found its way into City files in 1975 has no merit with the members of this neighborhood, We researched the property and discovered discrepancies in the zoning maps. We would think a company wishing to purchase land and invest in constructing a facility would have done the some. We also have letters from attorneys who represented past owners stating lots 11 and 12 were never commercial and other documentation that further substantiates the legality of the 1968 zoning map slid ordinance. In "fairness" the property should remain zoned as it has been - single family seven. The land is scenic and several home sites could be developed with propor screening from freeway noise, Our neighborhood is, however, willing to make concessions in offering to consider its use for a low impact business center or related activity. A facility that would operate on a 8:00 AM to 5:00 PM or similar schedule and would not attract traffic from 111 35, would be acceptable to the neighborhood. The entrance and exit ramps around McCormick Street are extremely short and dangerous. We were told by the Highway Department that they were • planning to close some of them due to their being a safety hazard. The Denton Development Plan states that any commercial facilities adjoin neighborhood ro1 property should be "neighborhood service centers A day care center, doctors office, hair style salon, travel agency or other similar facility would be of service to us and be acceptable to the neighbors. A motel or related commercial facility that generates noise, lights and activity on a 24 hour basis, would not. The • Denia area community would be happy to discuss options, but we remain steadfast in our • • opposition to a motel. 1300 Lindsey Street Denton, Tunas 817-3204429 FAX 817-591-806? • to • r Hu rA mmumffy OUIP You mention that your client had offered to meet and has actually mat on numerous occasions with neighborhood representatives, in actuality the only meeting we had with the Ram's was the June 151h, 1994, in which we were told the motel was going to be built and there was nothing we could do to stop them. In July Frank Robbins contacted Mt. and Mrs. Hill to so up a meeting with the Rana's, Don Hill and himself Mrs. Rana called and canceled the day of the mating. Due to the neighbors obtaining the required opposition signatures to force a super vote to approve the venture, the petition was withdrawn and on November 8th it replat proposal was submitted. The neighborhood again protested and asked for a postponement. This was granted and RPS Ventures was instructed to meet with us. In the P&Z Meeting of Nov. 30, Dr. Evelyn Huey again asked if the Ram's had met with us as P&Z requested and were Informed by City staff that they declined to do so. The request for a replat on the property was subsequently denied. In December we were invited to a quickly called meeting between RPS Ventures and Planning and Development, We requested that the meeting be postponed till January as marry of our neighbors were out for the Holidays. The Ram's never responded to the letter, The only realistic effort that was ever made to meet with us, was your recent request. This was eleven months after the original meeting with your clients, There has been an immense sacrifice in time and money by the members of the Denis community in protecting our rights as citizens of Denton., Too many have worked too hard for too long for us to now sell out the future of our neighborhood community. Unfortunately our homes are new IH 35S. When the freeway sliced its way through Denton it isolated us and strictly defined our borders. We cherish our great neighborhood community and environment too much to we it buried under the paving stones of supposed commercial progress. We will continue this fight for as long as it takes to protect our borders. Let RPS Ventures use their motel plans on land better suited for this commercial venture, We are s<,,ry that your clients S monev on the attempt to build a motel, but many of our neighbors spew their lives building for their future here and we think their future peace and harmony is far more valuable. We will be available to meet with you and RPS Ventures Friday evening June 16th at 7:00 PM or Monday evening at the Denis Recreation Center to wiscuss alternate uses for the property, • Sincere) hn T. Weber Denis Area Community Group cc: Frank Robins e City Manager, Mayor and Members of the Denton City Council ' • • l I 1300 Undaey Street Deatos, Texas 817.320.1429 FAX 817•59140tS7 W.W • O , • • • HAND OUTS TO COUNCIL 6/20/95 RPS VENTURES PRESENTATION i . Neighborhood Adjacency Map 2. Photographs 3. Proposed Conditions 4. Chronology 1 • f f • ~ ~`k', ~t~i F.+~~` 1, ^ a'y ~ is 71,E °N}~~iiN>~~}~a~ei'~ I- ca W 4 PHOTOCOPY J AT TA04 r ,r 109 ■ ~ i '~s~ ,a6r i ~ t ~ ZONINO LINE 1 fni rarer onlr>~ U U L ~Y MILLONN000 • 1° 'r w or feos J 1 e M Developable commercial a a Undeveloped commercial SF-7 ■ Approximate building setback • 0 .J I PHOTOCOPY 4 'lI l e r ~ Ifl \4 ~ 0 ' IT f~kt, v t i v J rI r l°° h t~, y N Vtil f+~' f r f~ f ik v .r. 1 t. 1 9 n ~ r X11.. VIEW I -ROM 1-35E FRONTAGE ROAD % ~ a a 1~i' 1 wv "J I f a I, Y Q) I REI: I-IN17 AD)ACFNT TO CHURCH BOUNDARY i~ h ~I 6a • PROPOSED CONDITIONS f The applicant will agree to accept City Council approval of the amended "Commercial" district application subject to the following conditions; I. I:ighting Device All high output lighting devices located on that portion of the property utilized for hotel or motel purposes ("Property") must be designed, constructed and operated so as to prevent them from directly illuminating I any existing residential structure. f lI. Access Prohibition No'direct access by driveways or streets will be allowed to or from the Property and Lindsey or Willowwood Streets. III. Screening A fence shall be installed around the Property. In addition to the City's landscaping requirements, a row of trees on at least 30 feet centers will be planted on the eastern boundary of Southside Baptist Church adjacent to any hotel or motel structure built on the Property. i IV. Urainage Stormwater runoff from development of the Property must be directed through drainage facilities on the northern portion of the Property. II V. On•Sitc NlAn^g m n j d. Any hotel or motel facility to be constructed on the Property must include living quarters for a full-time manager. 1 VL ficiglii • The height of any structures to be constructed on the Property shall be 1 limited to two stories. I In addition to the foregoing, the applicant has stated to the neighborhood 1 representatives its willingness to (i) deed restrict the land to the west of the "C" District ® boundary line to single-family, and (ii) upgrade its franchise designation from a "Sleep ! ! Inn" to "Comfort Inn" level (see attachment). This is consistent with the neighborhood's desire to "upgrade" the facility. Ud951e1/17 ;e1091pIFl I:a,111054 - •-sawn.-r ;y. , • is ~ e _ m 0 OEM ChoieP Hq els International Background: Choice Hotels International is one of the largest franchise horel chauls tl in the skorld stiith locations in over 30 countnes. 'Rvelve years ago the 11 chain had oN} 339 hotels tit three countries. Choice those offers one out of every 10 hotel rooms ill the Gaited States and franchises 25% of rooms priced at less than $50 per night. System Size: There are 3,304 inns, hotels. suites and resorts open or tinder develop- ment worldwide representing 289.129 guest roorns.' History: Choice Hotels international's history has been one of firsts. The original i Quality Courts chain founded in 1939 was the first such referral net- +ork in the hotel industry. In the '80s, Choice implemented a segmented marketing strategy, establishing a three-tiered hotel system consisting of limited-servtice. budget hotels (Comfort); mid-priced full service hotels (Quality): and full service luxury hotels (Clarion). Since then every major chain has f followed suit. Choice became the first chain to implement a systemwide `I no-smoking rooms program, the first chain to introduce mid priced all suites and the first to pay travel agent commissions In every major for- eign currency. In the '90s, Choice set a pace of aggressive expansion that propelled it to the forefront of the lodging industry. The company grew rapidly at this time through three major domestic acquisitions in 1990 by pur- chasing the Friendship, Econo Lodge arid Rodeway chains. Choice, for- merly known as Quality International, Inc., changed its name in 1990 to reflect its goal of meeting the needs of a frill range of guests by offering them choices in hotel brands, The new name was a corporate name 1 change only and did not involve any on-site changes by any hotels. Choice Hotels International is a subsidiary of Manor Care (N NR on the NYSE.) Currently: 1993 was a year of record growth, record sales and record profits for Choice Hotels International, Franchise revenues climbed to $141,8 rrdl• lion, an 11% improvement over FY 1992. Pretax profits have grown at an annual compounded rate of 29% since 1983, the best record in the hotel industry. I During 1993, 510 new hotels with 39,672 rooms were opened in the Choice system. That is one new hotel every 17 hours, the fastest growth rate of any hotel chain In the world. The largest increase came intemationally with the addltlon of 120 Joumey's End hotels in Canada and 102 Resthote! Primevere hotels in France. In the US, 291 new franchise agreements were signed, adding 26,821 new rooms to the + Choice system, New construction amounted to 138 of those new hotels 'As of Not ember 1. 1994 or 26% of all new hotels built in the US. e Hotel Brands: slei Inns: limned- service, economy hotels Rodewery In no: limited and full service, + i Comfort Inns upper-economy, limlted,servioe uWr.pocod 1 and Suhee: hotels, and all-sulm hotels economy hotels Quality Inns, mid•pneed, full•sorviea inns and lcono L"U": irritod-service, mid-priced, e Hotels and Su Us limded•service elt•stite hotels economy hotels • • Clarlon Hotels, lull-service hotels, sll~sulte hotels, Prior l Inns: lower economy, limifed. 8ulta, afeono, resorts. and boi lque inns service hotels and Carriage House Inns: I ~t asx i i vivo i • • PHOTOCOPY ' r .i. 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HIII•n xl elllH Lu l' .41 J4 .pl "4 MINI _ hoh It 111- -Y--n.. -.....w..,Tw-.. _s . _ ra,wwrrr+yl'W4Pxc,-:~;u r.rr... ~ ~ 1 1 . r i" ~ 3ti r O r 1 1 EE~~ pp~` • ,!h rsvlANltl~l5l~`w I lxt .~s'+~±~"r;~7~1f~,~!'~vtlf!s'ti.~^'S~ • ca • CHRONOLOGY .1275-95: Official City zoning map shows property as "Commercial". Property appraised and taxes collected based on commercial designatlon. 1983: Williams sells one tract to Scoggins and Minnls based on commercial valuation. 12.@.4: Scoggins and Minnls deed land back to Williams. M: Hansel and Campbell sell second tract to Church based on commercial valuation. 1493: Church sells tract to Rlckrlch based on commercial valuation. t .1294: RPS purchases tracts from Ray Williams and Rlckrlch based on commercial valuation. f 6/22/44: Staff and P8rZ recommend approval of expansion of 1 nonresidential zoning with site plan. Neighborhood representative states that the hotel should be located on land that "is already zoned commercial" (page 28 of staff report). Transcript shows no Issue raised that "Commercial" zoning line might be Incorrect. 1 1 /34/94: P8tZ denies replat for 5.381 acre tract. No one raises Issue of "Commercial" zoning line location. Staff subsequently discovers that property has never been platted, and the e residential replat and associated public hearing was I unnecessary. • 12/14/94: Neighborhood sends letter to Frank Robbins stating It "has 5 recently come to our attention" that there may be an Issue regarding the zoning map boundaries. • 3!7/95: RPS Flies zoning request, • • 1 l~ 4/12/95: P&Z denies zoning request. r bAa 5161bi71 • ca • r r y f ' 1 I ; 1 I i DF FILE i F