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HomeMy WebLinkAbout07-05-1995 • +t~ • i `I h CITY COUNCIL AGENDA PACKET 7-5-95 i - ~a ! AGENDA AOMd1 CITY OF DENTON CITY COUNCIL July 5, 1995 r,p Closed Meeting of the City of Denton City Council on Wedne`sda'y, July 5, 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 RESERVFS THE R.'.GHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT 1S LEGALLY PERMISSIBLE. 5:15 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071 1. five a report and discuss the status of litigation in GTE v. City of Denton and Denton's complaint against GTE pending before the Public Utilities Commission and consider litigation j strategy as a result of recent court ruling in City Qf Rusk, et, al, v. GTE. i 2. Discuss potential litigation concerning the request to rezone 3.753 acres from SF-7 to C zoning on the south side of. I35-E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Wednesday, July 5, 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. Consider approval of the minutes of May 23 and May 30, 1995. R 3. Presentation of the Keep Texas Beautiful Awards and Yard of the Month Awards. 4. Citizen Reports A. Receive a citizen report from Bob Stermer regarding a rate increase in taxi fares. e ! ! L. Receive a report from Jerry Cobb regarding recipient usage of hotel tax funds as pertaining to the North Texas State Fair Association. 1 0 s 0 City of Denton City Council Agenda 4QBAd1~ ~j July 5, 1995 Page 2 C. Receive a report from Dianne Edmondson regarding the distribution of Lalor funds. i D. Receive a report from Warren Searls regarding the distribution of Lalor funds. E. Receive a report from a representative of the Denton County Amphitheater Association regarding the distribution of Lalor funds. 5. Citizen Requests A. Consider a request from Julia LaSoya for an exception to the noise ordinance on Saturday, July 15 and 22, 1995 until 1;00 a.m. for the use of amplifiers and loudspeakers at the North Texas State Fairgrounds. 6. Public Hearings A. Hold a public hearing and consider adoption of an ordinance to rezone 2.171 acres from the Agricultural (A) zoning district to the Two Family Conditioned (2F(c)) p zoning district and the Single 10 Conditioned (SF-10(c)) zoning district on property located on the southwest corner of Haggard and Hinkle. (The Planning and Zoning commission recommended approval 4-0.) 7. Consent Agenda Each of these items is recommended 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 d.,signee to implemej,t each item in accordance 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. Listed below are bids and purchase orders to be approved for • payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 8.A, 8.13), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent A Agenda. j A. Bids and Purchase Orders; / 1. Proposal x+1780 - Public Official Liability insurance 2. PC 056007 - Paradigm Traffic Systems r • w • City of Denton City Council Agenda 4QNld4~ July 5, 1995 IMPS r Page 3 8. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Proposal x`1780) B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.2. - PC ,56007) 9. Ordinances A. Consider adoption of an ordinance vacating a certain public utility easement shown on the Lot 1R, Block 1 replat of the Denton Area Teachers Credit Union Addition, filed in Cabinet H, Page 279 of the plat records of Denton County, Texas. (The Planning and Zoning commission recommends approval 6-0.) B. Consider adoption of an ordinance pursuant to Section 20- 1 (c) (2) of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system. (North Texas State Fair and Rodeo) C. Consider adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes. 10. Consider approval to deucease the Electric Energy Cost Adjustment (ECA) rate. 11. consider nominations/appointments to the City's boards and A commissions. 12. Consider nominations/appointments to the Denton/Denton County sesquicentennial Celebration Committee. 13. Vision Update b • 0 • _ A • No 9x-023 City of Denton City Council Agenda A"I July 5, 1995 We Page 4 Oa S 14. Miscellaneous matters from the City Manager. A. Receive a report concerning the latest honorees added to the Wall of Vonor. B. Receive a draft copy of the hotel occupancy contract and give staff direction. C. Receive a report and hold a discussion regarding the proposed 1996-2000 Capital Improvements Program and discuss the Blue Ribbon Committee. D. Receive and discuss the results of the supplemental 1995- 96 Budget Priorities Questionnaire. 15. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments I 16. New Business This item provides a section for Council Members to suggest items for future agendas. 17. Possible Continuation of Closed Meeting; A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under. TEX. GOVT CODE Sec. 551.074 • C E R T I F I C A T F I certify that the above notice of meeting was posted on the bullotin board at the City Hall of the City of Denton, Texas, on the -day of _ 1995 at -o'clock (a.m.) (P.M. CITY SECRETARY I 1 • 0 r: • - o • City of Denton City Council Agenda July , 199 Page 55 5045 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, P74EASE CALL THE CITY SECRETARY'S OFFICE AT 566-8109 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO0290 • , . 'vC Y l,'L ~,Iciv1«itti h • c~ 0 C ITY COUNCIL 01 D4v • ~l Nr ~ 0 ~ i e a 4r0 K, t r • C • a • roMMMe ~ CITY OF DENTON CITY COUNCIL MINUTESr May 23, 1995 The Council convened into a closed Meeting on 7jesday, May 23, 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Ten Brock; Council Members Biles, Cott, Xrueger, and Miller. ABSENT: Council Member Chew 1. The Council considered the followinq in closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed City's participation in City of Rusk, et. al v. GTE and answer of City in GTE v Denton case. B. Real Estate Urger TEX. GOVT CODE Sec. 551.072 1. Discussed the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed the appointment process for part-time Municipal Judge. Council Member Chew arrived during the Closed Meeting. The council convened into a Work Session on Tuesday, May 23, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Biles, Chow, Cott, Xrueger, and Miller. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the options for the PHH Fantus recommendations. City Manager Harrell stated that after filing the formal PHH Fantus • report with the City and the Chamber of Commerce, City staff presented Council all of the recommendations and suggested those which appeared appropriate for the City to take the lead in developing the discussion regarding implementation. Recommendations were also considered for the Chamber as well as a third category of recommendations which were appropriate for the Economic Development Corporation. Staff was going to discuss those O items for which the City would take the lead and would ask council • • for direction regarding alternatives. The first recommendation suggested was to streamline the economic development program by reducing the size of the Economic Development Advisory Board to five individuals who the City Council would ultimately appoint to the Economic Development Corporation. staff would coordinate meetings with the Council and Chamber to determine the appropriate size of the new Board and to appoint new A 0 r- / • I ~ • City of Denton City Council Minutes May 23, 1995.. 1 Page 2 EDAB members. Fantus recommended that as the Council worked to reduce the number of members on the Board, it should make sure that those members were individuals who would work toward the stated goals and have the expertise to do the work. Currently there was a committee of approximately 20 members. It was felt that there was a need to form an interim advisory board which would work on upcoming budget, staffing, logistics and do the research necessary to formalize a recommendation on how the Corporation would develop in the future. The agenda back-up materials provided a history of the formation of the current board. The economic development process was first started on the basis of a public-private partnership with the private sector being the lead organization. originally the City's contribution was one-third with two-thirds coming from private contributions. The current Board was composed of members appointed by the Chamber. The funding mechanism evolved somewhat differently. Currently the operating budget of the Chamber was a 50-50 split between the private sector and the public sector. However, in reality the private contribution did not reach that 50-50 level. It appeared that the city's role in economic development and in the funding of economic development would not diminish but probably increase. The Chamber had already asked the Public Utilities Board that the current $65,000 contribution be increased to $100,000 for the next year. It was felt that the city would have to take a large role to fund and insure that the industrial park recommended by Fantus was a reality. The City and the Chamber needed to dktermine the make-up of the interim board within the next few weeks. There should be a 50-50 split for funding between the two entities. Mayor Pro Tem Brock asked if the Council was looking at tentatively moving forward on the assumption that the council would follow most of the major recommendations of the Fantus study. At this point in time, the Council would not be actually voting on whether to establish an economic development corporation but would be moving in that direction. City Manager Harrell stated that currently there was a large advisory board which needed to be reduced to a workable number of • members. That would take some type of formal action by council once the City and Chamber decided the composition of the interim board. The interim economic development steering committee was scheduled to envelop a transition plan for moving the economic development operation from being overseen by the large group to a smaller, more workable group. This would include the budget, the staffing level, and logistics such as where to house the p organization grid technological applications. The second task of ! 0 the interim committee would be to define and recommend to the Council and to the Chamber what would be the best structure for the ongoing responsibility of the community economic development effort. This would be decided by participating in field trips, by talking about profiles for the permanent board members to be appointed, by determining the number of members, etc. The interim committee would be working with the City and Chamber staff to formulate those kinds of formal recommendations. From the interim • 4 • a 5 City of Denton City Council Minutas 7 J Z. May 23, .1995 7 Page 3 'IaQ t7 board would come the approval of the formal structure for the development of a 501(c) (3) designation, a new charter and implementation of formal appointments to the new board. Once the formal board existed, there would be the establishment of a comprehensive business plan and the implementation of a plan on how to carry the business of economic development. A key question would be how to fund the economic development effort. In research being done on communities which were successful with an economic development sales tax, it appeared that it was helpful to have an economic development corporation already formed, Once the economic development corporation had permanent funding, it became fully operational and established the formal structure of operations and implementation of a strategic plan, Mayor Pro Tem Brock wanted to clarify that what the council was doing was not a done deal as was indicated by the steps just outlined by the City Manager. The Council was moving in the direction of the Fantus recommendations but decisions were being made as the Council moved through the process, Council Member Cott stated that a commu:ity which did not have a strong participating Chamber of Commerce tended to not have new i businesses locate there. Before any of this could be put in motion, there was a need to know what was going to be done and what the cost would be. Council Member Miller felt that at this time the Council was not establishing a corporation. The current board was going to be reduced to a workable group. There was probably a year's worth of work for this group. He was assuming that the current system would continue to work while developing the smaller group. City Manager Harrell stated that staff would continue to do whAt it was presently doing as far as staff was concerned with the Chamber and the City. It was an open question whether or not to keep the ~j larger board operating or turn those responsibilities to a smaller group along with other activities. That was the kind of input which was needed to proceed. Council Member Miller felt that the philosophy or strategy relative to the public sector and the private sector needed to be known relative to the final product such as whether or not to have an industrial park. The process also needed to be coordinated with any Vision proposals. There was a need to not move too fast and to have constant dialog with the Chamber of Commerce. Council Member. Chew stated that he favored a private/public joint venture. He was in favor of keeping "lie current board in place to continue to operate until the smaller committee explored the possibility of implementing the new procedures. Council Member Cott stated that the only reason for economic development was a financial reason. He felt the City should first develop needs and then determine if that would be good or bad i a • Q • City of Denton City Council Minutes AQlIKIAl~1ER1~~ May 23, 1995 Page 4 growth for the City. -T r Mayor Pro Tem Brock stated that specific goals and projects were being developed by the "work" section of the Vision group. Council Member Krueger stated that the proposal was to revamp the current economic development board as it was now as ftsr as funding, structure, etc. Staff was asking hose Council felt regarding the recommendation to downsize the committee or was there a need to change the committee. He felt there should be seven members on the board without Council representation. He did not want the economic development committee to get caught up in politics. The Council should help guide the committee and provide staff support but should not have any direct Council involvement. The majority of the appointments to the board should be made by the Council such as four members appointed by the Council and three members appointed by the Chamber which was based on the amount of funV.ng provided. Council Member Biles stated that the final form of the structure was connected to the funding issue. The process was at a critical point in regard to the Fantus recommendations and the parallel recommendations from the Vision project. This subject would be a focal point of Vision hoping to fund other projects. It was necessary to move forward efficiently. The present form of the board was cumbersome and not able to function due to the ) irge number of members. A seven member board was the right size for such a board. The private sector of the community, such as the Chamber, needed to be involved in thin process. He felt that staff should develop the information necessary to address an interim board and how to make appointments to that seven member board. The interim board should not proceed too far due to the upcoming recommendations of the Vision pruject. Mayor Castleberry stated that the suggestion was for an interim board of seven members, four appointed by Council and three appointed by the chamber, Council Member Miller asked ie that interim board would replace the • current advisory board. Mayor Castleberry felt that the current advisory board would continue and the interim board would be a different board looking at other issues. Council Member Biles felt that if City dollars were going to be • used for economic development over the next interim period, the new • • board needed to replace the current economic development advisory board. The present board was too large and non-productive, if city dollars were being used, there should be one body addressing the application of those dollars rather than a duplication of efforts. He did not feel there needed to be a duplication of an economic development board, ONOMW i City of Denton City Council Minutes May 23, 1995 Q r Pe ge 5~ 5d~17~ Council Member Miller felt that the smaller group would do the initial study and make recommendations regarding the structure to be approved by the Council and the Chamber. At that time, the larger board would be replaced by the smaller board. He was concerned that the smaller board should be concentrating an the future rather than performing both roles. The smaller board would not be competitive with the larger board. Mayor Pro Tem Brock stated that as a member of the advisory committee, there were many ongoing activities which would not be part of the smaller structure. She felt that the smaller group would be an interim committee which would make recommendations and perform studies while the larger group continued with the ongoing activities. The larger committee would be performing tasks which would not be directly involved in the smaller group's process. Council Member Biles expressed a concern that there was a significant potential for the two committee to run afoul of one another with both seeking guidance from the Council and/or the chamber. The seven member board would not be too put upon to continue the daily work which the advisory board was presently charged with plus perform the future tasks. ' Council Member Krueger stated that the Fantus recommendation was not ti create a new board but rather to reduce the current board. The current board was ineffective and with a reduction in size, would be able to be more effective. Council. Member Biles stated that the Fantus report indicated a need to downsize the prpaent board. No matter what the ultimate format or what the ultimate funding would be, the Fantus recommendation was to reduce the size of the board. Mayor Pro Tem Brock did nct want tD take the Fantus report too literally. The present structure needed to bo replaced with a more efficient structure. It did not mean that there could not be an overlapping group which would perform the studies needed. • Council Member Miller stated that Council needed to pattern the information with the community. He felt there should be two groups. One would continue to perform the present duties and one smaller group to du the studies necessary to formulate the recommendations needed. Mayor Castleberry felt that the economic development process would O not be slowed by downsizing the board. What das done at this O meeting would be presented to the Chamber. He agreed with the recommendation of a seven member board. Consensus of the Council was to form a seven member board. Mayor Castleberry asked if the council wanted the seven member board to replace the existing advisory board. • QN • City of Denton City Council Minutes AP= May 23, 1995 3.~._ Page 6 (V b coo 1 7 Consensus of the Council was to have the smaller board replace the current board. Mayor Pro Brc•ck stated that the Chamber might want input regarding this action. Mayor Castleberry stated that these recommendations would be presented to the Chamber Board. He stated that the seven member board would begin the process of looking at funding, etc. and return with recommendations to Council and Chamber. Consensus of the Council was that the seven member board would begin that process plus continue the present board activities. Council Member Biles stated that before the smaller board could replace the larger board, Council would have to approve a new ccntract with the Chamber, council Member Miller asked if this board would function as a division of the chamber of commerce. Council Member Krueger replied no. Council member Miller felt that a contract might not be needed if the recommendation was to establish a free standing board. Council Member Biles felt that Ken Burdick would continue to be the point person for economic development efforts and his salary and support staff would come out of the budget which was established for economic development. A determination would have to be made on how to structure the group but there was a need to proceed with the downsizing. Council Member Miller asked if the group would be a free standing organization or was the recommendation to have a smaller board with a similar relationship with the Chamber. Council Member Biles ff:lt that this would be a division of the • chamber with a new ord.%nance and new contract. It would be the same except that it world be a smaller group and appointments to the new board would be fferent. ! Mayor Castleberry stated that the City Attorney would have to work out such details. The Council was only making a first recommendation so that the Chamber could see what direction the • Council was going. ' • • City Manager Harrell stated that the second recommendation from J Fantus dealt with the funding foi economic development. Fantus recommended that groundwork be done for the adoption of a half cent sales tax and if the sales tax was not feasible, what other funding sources were available. Staff felt that the funding needs could be divided into two related but distinct parts. The first part dealt with operations relating to staffing, rent, training, producing • • City of Denton City Council Minutes AP* May 23, 1995 ' 5-- Page 7 lab fact books, etc. The second factor was program/project expenses which were larger in scope and dealt with incentives, land purchases, infrastructure extensions, etc. Fantus felt that the operations for economic development were not funded at an appropriate level. That was an issue which would have to be discussed during the budget process. Other alternatives were long range. One alternative which the Public Utilities Board considered was to allocate up to $5 million from the Electric Department's 1994 earnings for economic development. A vision report which would be presented in July would present possible funding alternatives. Council Member Cott felt that if more than $5 million could not be made, the funds should stay in the Electric Department. If more than $5 million could be made, the proposal should be considered. City Manager Harrell stated that that would be a policy decision which the Council would have to make in the future. Another funding alternative concerned the City's general fund. This would be funding for operation and maintenance. This proposed funding would be in addition to the utility funds which were given to economic development. Municipal bonds approved by the voters was 1 another funding alternative which could fund an industrial park. f This again was a long range alternative for program funding needs. Community Development Block Grant money might also be available for program funding. The primary focus for CDBG funds would be to create jobs for low to moderate income individuals. Tax increment financing was an alternative which would accomplish economir development activities. With this alternative, property values were frozen while improvements such as streets, utility lines, and other amenities were developed. As development was gene!:ated on the property, the increased value of the property and the resulting increment of tax revenue was used to pay back the debt for the improvements. This would increase the value of the property to better market the property. Total private sector funding was not a very successful alternative for funding. More often there was a partncr.ship with the publi;/private sector rather than totally private funding. • Mayor Pro Ten Brock stated that she had heard of the idea of selling shares to citizens in the private economic development corporation. This would give a number of citizens the opportunity to be involved. The economic development sales tax was another option which could be considered. • city Manager Harrell stated that Item 3 of the Fantus report • suggested that the City take the lead to involve the universities in the economic development effort. At the last Town-Gown meeting, this item was discussed and those in attendance agreed to wait until the cluster analysis of Fantus was completed. Once that information was received the City would dialog further with the universities to ann. if others should be included. • O ;t , • ra • 10 City of Denton City Council Minutes PWKWIto May 23, 1995 taate75--! ~ Page 8 9 Council Member Krueger stated that the DISD needed to be involved in economic development as well as the two universities. City Manager Harrell stated that Item 5 of the Fantus report indicated that the City should be more effective in publicizing the reforms that had occurred and that would occur. The City had already moved forward with that recomme dation with the Deputy City Manager assuming those duties. Another related recommendation was to ensure that regulations/ordinances and the processes associated with their promulgation and implementation were calculated to bring the kind of development favored by the public. It was suggested that regulations and ordinances which serve the long-term interests of the community such as beautification measures be kept in place. In that regard, the Planning Department would start soliciting input from area developers and start reviewing existing regulations and ordinances to identify those regulations that could be made more Fuser friendly". Council Member Cott asked if it were intended to bring the Vision projects through the budget process this year. City Manager Harrell stated that most of the recommendations which ` would be coming out of the Visioning group involving the public Ilr sector would be candidates for more long term funding as opposed to short term budget funding. Council Member Cott felt that there would be problem if the CIP were closed and then the budget closed with no dollars set aside for vision projects. City Manager Harrell stated that if there were projects which the Council felt should be taken to the voters to ask for funding, there was the possibility that as the CIP was finalized, some of those projects would be included. Another development recommendation from Fantus was to support development of a one-stop permitting process and/or creation of an ombudsman position to ensure cooperation with business. An ombudsman could help businesses avoid interaction with city departments with which it { • had been difficult for some businesspersons to work. This would help keep Denton competitive with other Texas communities. This recommendation was already instituted with a major city reorganization in which the Deputy City Manager was now in charge of all the development processes of the City. The Deputy City Manager was in the process of holding discussions with developers in the city and making modifications in the development process to ' • address noted frustrations. His recommendation was to give that • • system a chance to work prior to making a decision to bring on another. City employee. Council Member Biles asked for a time frame when the ombudsman would be replaced after the economic development corporation was established. O O • ~ ca • City of Penton city council Minutes May 23, NgEAddl1 5 Page 9 4 1 7 City Manager Harrell felt that some of the changes instituted would mean that the position might not be necessary in order to save funds. Mayor Fro Tam Brock, Council Member Miller and '..uncil Member Chew were not present after a short recess. City Manager Harrell continued that the mast development recommendation was to clearly define the goals of all city regulatory/development operations affecting the business community to ensure indoctrination of the customer orientation in all city regulatory agency staff. It was felt that with the reorganization already done and wil-h continued customer service training this recommendation would be met. Mayor Pro Tam Brock c,nd Council Member Miller joined meeting. City Manager Harrell stated that item 8 dealt with industrial sites/infrastructure. One recommendation was to conceptualize a business park rind identify an appropriate financing mechanism. The second recommendation was to develop a spec distribution center. These were long range items which would be coordinated with the Vision planning. Item 9 dealt with infrastructure improvements which would be necessary to better position Denton for growth such as increasing and/or improving the roads near the Denton Municipal Airport. One recommendation was to initiate an effort with the Highway Department for a new entrance/exit ramp on I-35 near the Municipal Airport. A problem with the area was the limited access to the property especially during rush hours. Because the intersection of I-35E and 1-35W met at Airport Road, creating additional access near this area would be quite expensive. The Highway Department indicated that the only feasible option they would consider would be an entrance ramp to I-35W south from the existing frontage road south of Airport Road. With this new entrance, a new study of the two-way frontage road would be initiated. In the past, most of these studies resulted in the two- way frontage roads becoming one-way. This would cause significant problems for industries on the frontage road south of Airport Road. • It was suggested that an area of concentration would focus on improving access to the Airport from Jim Christal Road. This road would be improved and enlarged in the future to provide more access and capacity to the Airport and the industrial area to the west. Rick 5vehla, Deputy City Manager, stated that if all the lanes were looked at and how they came together, there were 6 options on how • to get to the Airport. Currently to get to the Airport, the Bonnie • Brae exit had to be used and then proceed on the frontage road to Jim Christal, Oak Street or go underneath the freeway to Airport Road. A new ramp could be built in the same area but would have to be aerial which meant high dollars. The best option seemed to be to improve and enlarge Jim Christal Road in the future to provide more access and capacity to the Airport and the industrial area to the west. • • i +aendaNo. ~ City of Denton City Council Minutes SI May 23, 1995 X19 r] 5 Page 10 City Manager Harrell stated that an advantage to the connector would be 'nat it would open industrial property for potential development which now was difficult to develop. Council Member Krueger asked if that was the reason to move the location so far west rather than extending Precision to Jim Christal. Svehla replied that more territory was opened further west and !r--e access would be provided to the Airport. Council Member Biles stated that a c.onnpetor was important but keep in mind a south entrance ramp. Svehla replied that a concern would be the change of the frontage roads to one way south. City Manager Harrell stated that another recommendation was to consider road improvements and additions that might be necessary to alleviate road congestion occurring from the establishment of new businesses or the expansion of existing ones along the I-35E corridor. The major highway projects were on the Highway Department schedule which the City would continue to monitor. A recommendation was that consideration should be given to the recommendations of the Vision Transportation City such as the development of alternate transportation modes. Item 10 of the recommendations centered on the consideration of expanded mass transit offerings. The Visioning project was taking this recommendation under advisement. Item 12 of the recommendations suggested that the City begin to develop a revised incentive package which was consistent with the brand image of the City and be meaningful to the kinds of businesses Denton decided to target. currently Fantus was doing a cluster analysis which would provide a report on which industries to target. Staff felt once that report was filed, a joint meeting of the City, County and DISD be called to discuss how the taxing jurisdictions might better customize the tax abatement policy to be consistent with our brand image and attract targeted industries. In addition to tax • abatements, staff would reexamine the existing internal incentive policies to determine how they might also be amended to be consistent with the brand image. 2. The Council received a report and held a discussion regarding strategic electric rate issues relating to future TMPA power costs. • Bob Nelson, Executive Director for Utilities, stated that TMPA wa~j • • switching from Texas lignite to Wyoming coal at the Gibbons Creek plant. It was estimated that savings would be $29 million per year. The main issue was whether TMPA should return all the savings to the cities by reducing the rates or should TMPA keep all or most of those savings in order to pay for future increases in debt service. The long term debt service was an issue of concern. TMPAIs current debt payment was approximately $75 millio!, per year but was scheduled to increase to $1.30 million per year 2;y 2008. • 0 • w • City of Denton City Council Minutes AgeAdal May 21, 1995 Page 11 I ICb J 7 Denton's share of this was approximately 21.5% to 22%. The City had been positioning itself to use some local electric department reserve funds to help offset the future increases in TMPA debt but additional funds or TMPA rate cuts would be necessary tc retain competitive electric rates. Some TMPA cities needed all of the TMPA rate cuts passed back to their city so that they could have competitive rates today. There were three possible options for how the TMPA cost reduction could be used for rate stabilization. (1) TMPA could lower rates to just cover costs. The advantages of this option would be to lower rates today and would provide better assurances that TMPA could not spend funds for unnecessary purposes. A disadvantage of this option was that some cities might not set aside any of the savings for future TMPA -ate increases. When TMPA rates were increased in the future to pal for increase debt service, one or more of the cities might not be able to pay the higher rates due to competition over the rates they charged in their own city. This would force the fiscally prudent cities to help the lase fiscally prudent cities. (2) TMPA could lower rates slightly now but keep a majority of savings to be used for paying off future debt service. An advantage of this option was t..at a uniform rate stabilization was applied for all four cities and the risk of some cities not being able to pay future rates would be ` substantially reduced. A disadvantage of this option was that the I TMPA staff and Board might not be inclined to hold costs as well as with option 1. (9) TMPA could lower rates slightly and set up four separate escrow funds, each controlled by one of the cities. Advantages of this option were that TMPA might be more inclined to hold rates down and TMPA would not be able to spend funds unnecessarily. Each city could release their own escrow funds to meet their particular needs. The disadvantage was that this might be legally difficult to accomplish and there was some question of how much control cities would have over such escrow funds. Council Member Cott stated that this organization was created in the late 1970's and came together this year. That might not happen again. He felt that rates were less important than paying off the debt. • City Manager Harrell stated that if the cities opted to have all of the savings returned and a reserve fund was established to fund the spike when it occurred, there would be a need to inform citizens of the system and the reason for a large fund balance. It was known that the spike would occur in the future and a reserve was needed to even out the spike. If Council decided on the option to have TMPA keep the savings to reduce the debt and level out the spike, • there would be the need to make sure that controls would be built • around the money so that it could not be used for any other purpose other than paying off the debt. Council Member Miller asked if the debt would be paid on an annual { basis. Nelson replied that some of the bonds could be called. • • drR®~O M. rCity of Denton City Council Minutes May 23, 1995 Page 12 4 2~ Council Member Miller suggested looking at the schedule to determine which ones could be called. Mayor Pro Tem Brock felt that council appeared in favor of moving in the direction of paying off the debt as quickly as possible. She asked if the possibility of setting up some type of legal instrument had been considered which would escrow all surplus bonds to retire debt. That would be done rather than having each city escrow their own funds. Nelson stated that this similar opportunity existed once before when TMPA sold their 6.4% share of Comanche Peak. Not all of the money went to pay off the debt. Some of the money went for additional capital construction projects whereas there should have been major cuts done in operations. Mayor Pro Tom Brock asked if the proposal could be structured in such a way that it was untouchable for anything except for debt retirement. Nelson replied that there were legal issues to consider. Council Member Biles asked if the TMPA staff did not understand the burden of the cities. Nelson stated that at times there was a concern that they were not on the front line dealing with customers such as the City of Denton was. Council Member Bile$ felt that it was to Denton's advantage to pursue a unitary escrow fund. Was Bryan having the same concerns as Greenville in this area. City Manager Harrell stated that those were two different issues. When the Board members decided on what to do with the savings, there would be different opinions from the cities on what to do with the money. • Council Member Biles stated that the debt retirement schedule only addressed current bonds and there was no anticipation of TMPA spending more dollars for more capital assets. Nelson indicated that the annual cash graph showed a pro forma to 2017 which programmed in a $25-30 million combined cycle repowering ' • of the exiting power plant. The rates were still competitive with • • TU rates in the area. It was felt that the competitive posture could be held through the year 2000-2008. Bill Giese, TMPA Board of Directors, felt that it was critical to continue with the Planning and operating committee. An escrow of any type would need appropriate oversight. It was important to retire the debt quickly and as successfully as possible. • • AgendaNo..._ City of Denton City Council Minutes ~gen~atite S May 23, 1995 Page 13 Data 17 Council Member Biles asked if Bryan wanted to go as low as possible with rate payers. Giese replied correct as Bryan might want to sell power to College Station and in order to have that type of contract, it needed to have the rates low. Nelson stated that as staff discussed this issue with TMPA and during the budget process, staff would try to formulate some type of resolution for Council consideration. 3. The Council received a report and gave staff direction regarding the history of the current hotel occupancy contracts and discuss a schedule for recipient budget presentation and contract renewal. Jon Fortune, Chief Finance Officer, stated that the State allowed cities to impose a 7% tax on hotel occupants to be used to promote i tourism and the convention and hotel industry. To accomplish this goal, the City contracted with various organizations in the community which promoted tourism and the convention and hotel industry to receive a percentage of hotel occupancy tax revenue. Currently the City distributed hotel occupancy tax revenue to the Denton Chamber of Commerce - Convention and Tourism Bureau, the Greater Denton Arts Council, the Denton County Historical Foundation, the Denton County Historical. Museum and the North Texas State Fair Association. Each of these organizations were under a six month contract which was valid from April 1, 1995 through September 30, 1995. Recently the process to develop current contracts with each of these recipients was completed. In September of 1994 the Council appointed a Council subcommittee to review the distribution of hotel occupancy tax revenue and make a recommendation to Council regarding the uses of the funds, The committee had staff conduct a survey on the various uses and allocation of the tax in other cities. The Committee began an extensive review of the State statute and City code relating to *l•e administration of the tax. The Internal Auditor conducted an audit of each recipient and asked the recipients to complete a • questionnaire to determine how each organization used the hotel occupancy tax revenue to encourage and promote tourism. Several organizations not currently receiving funding approached the committee for funding. Those organizations included the Denton Historic Landmark Commission, the Denton Main Street Association and the Denton Festival Foundation. Corgan and Associates also made a presentation regarding proposed improvements to the City's ' • Civic Center. The Committee considered using a portion of the • • hotel occupancy funds to renovate or expand the Civic Center. Part of the original recommendation was to establish a funding cap which was calculated by taking a three year average of the actual hotel occupancy funds distributed to the recipients minus approximately one percent. Additional changes included changing the term of the contract from four and one half to two and one half years, making quarterly reports mandatory prior to distribution of funds, and establishing proof of insurance requirements to lessen the City's s • ca • ~agNo, q5- O S City of Denton City Council Minutes % woof May 23, 1995 ~v~ Jr Page 14 - I Ob~ / liability. The Council considered the Committee's recommendations at a meeting in February at which time a motion was made to modify the recommendation by changing the funding cap from a percentage of a three year average to actual 1994-95 budgeted amount, and change the contract term from two and one half years to six months. The motion to modify the contract term to six months was made to enable Council the opportunity to revisit funding scenarios and provide a more long term contract solution prior to September. Council Member Biles questioned the authority which required a budget amendment for any increase in the revenue distributed to the recipients. Mike Bucke, Acting City Attorney, stated that there was a requirement to have a grave pub 'c necessity in order to have a budget amendment. Council Member Biles stated that he could not find the legal authority in regard to a contractual matter with a third party and a dedicated revenue stream. Bucek stated that the problem might be that with other City contracts, the amount of liability was known for the upcoming budget year. When there was a dedicated amount and the amount projected in the Lrdget, an amendment was needed if the amount was chani,ed. Coup-lil Member Biles stated that the contracts had never had a minimum amount so that an appropriation was not necessary in order to meet a threshold contractual amount. 9nis was a dedicated revenue stream and was not paid from the general fund if segregated by contract. If the dollars came in from a segregated source and went out to designated segregated recipients, he could not find the authority to address that segregated revenue stream. Bucke stated that it might be a general accounting principle or auditing principle. Council Membe., Biles was asking if there was a way to have a separate account wh ch was not shown in the budget. • The problem might be that the auditors would not allow the City to do that and the City needed to find the basis for that decision. Council Member Miller asked how to proceed with this in this budget cycle. Did the full Council want to participate in the presentation of the recipients or have the committee participate in the presentations. Mayor Pro Tem Brock stated that staff worked on procedures with the organizations and brought them into compliance with many issues. J She had a concern that the cap was set before the organization had an opportunity to respond. She felt that the full Council should deal with the issues. Consensus of the Council was to have the entire Council deal with the issues rather than a subcommittee. O • • NO, 5 M3 city of Denton city council Minutes agenIMM May 23, 1995 ()o to Page 15 ) 5 0g r7 Fortune stated that the presentations would be made in late July- eaLly August. The recipients would need direction bofore that in order to develop their budgets. council Member Biles asked if Council would be revisiting the issue of having more or less than five recipients. Mayor Castleberry Indicated that that would be up to the Council. City Manager Harrell suggested including this item on the work session of June 13th for Council consideration. 4. The council received a report, held a discussion and gave staff direction regarding the council annual planning session. Joseph Portugal, Assistant to the City Manager, stated that Council had asked for additional research regarding the annual planning session. The preliminary date set was July 21-22. Staff updated the hotel options with costs for all four sites. All sites were available on the proposed weekend. Council Member Cott suggested staying at the Raddison as it would be better to stay in town. Mayor Pro Tem Brock was in favor of holding the session out of town. The midyear planning session was held in town and it had an entirely different structure. The major advantage of being out of town was that there were no distractions and Council could concentrate on the issues. There were many issues to consider and it was important to meet in an environment conducive to making the best decisions. If the decision was to stay in the City, then she suggested that they meet in the civil Defense Room rather than in an outside facility. The only reason to stay in the City would be to save money and she strongly urged to go out of town. council Member Krueger felt holding such a meeting In-house was not conducive to the type of environment needed for discussions and the • development of plans which the Council would be considering. He felt it would be very productive to hold the meeting out of the city, council member Miller agreed that the sessions needed to be held out of the City. The best environment possible was needed to hold these serious deliberations. If the attempt was to save money, • then the sessions should be held in a city facility. He was in • favor of holding the sessions at the Solana. i Brock motioned, Miller seconded to hold the sessions at the Marriott Solana. On roll vote, Brock "aye", Cott "nay", Miller "aye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. Mayor Castleberry indicated that the one item on the Closed Session I • 0 :fO1Na R0. City of Denton City Council Minutes Qenddl May 20, 1995 N1f ' Page 16 I b 4'j 1`7 which was not discussed would be held over until the next meeting. Council Member Miller suggested that the Nunicipal Court Committee arrange a meeting with Judge White and then place the itom on the agenda, With no further business, the meeting was e.djourned at 9:40 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS M ACC00282 I I 1 • r • _ a s IQffildBNo, q - sgenQalt ~ late as . t-)ag /`7 CITY OF DENTON CITY COUNCIL MINUTES MAY 30, 1995 The Council convened into an informational Briefing Session on Tuesday, May 30, 1995 at 7:00 p.m. in the Visual Arts Center, 400 East Hickory. it PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council b:mbers Biles, Cott, Krueger, and Miller. ABSENT: Council Member Chew 1. The Council and staff held presentations for and responded to questions from potential Board and Commission candidates. With no further business, the meeting was adjourned at 8100 p.m. I BOB CASTLEBERRY, I4AYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00286 • ` i i • • • i iJf • •l; - ,f'.,~ f 1.l ru iSr ~x a. 'Yl s~'Y.4 Wi'~tM V s 0 CITY COUNCIL i F Cho' ce 4 N aQ it s o j e 0 k S / DOO o o~ ~ ~ o • ,.A' . DiN ED r cg y CITY Of QWM TEXAS MUNICIPAL 8WLDINA DENTDN_ , TEXAS 76201 • TELEPHONE 817.566.8308 Office of the 011y Secretary MEMORANDUM DATE: June 2B, 1995 TO: Mayor and Members of the City Council FR. M: Jennifer Walters, City Secretary RE: Agenda Item 4.A. - Citizen Report from Denton Taxi Service In November of 19900 the City Council approved Ordinance n0-180 wh4.ch provided for the automatic adjustment (f taxi rates be,sed an fuel costs. At that time, the taxi rate war iqt at $1.30 pet mile. As gas prices began to fall, the rate was screased to $1.20 per mile and remained such until June of thl-s year. In June, Denton Taxi Service requested a rate increase `o $1.30 per mile in accordance with the provisions of Ordinance 0-180. They provided the City Manager with gasoline receipts for days which inlicated gasoline price of above $1.20 for the entt.re 30 day period. The ordinance provides that the city Manager has the authority to grant a rate increase based on such receipts and on June 23, 1995 the rate was increase to $1.30 per mile. This has been the only rate increase in the last five years. • J er lters C t SecI ary i i 'Dedleaied to Quality Service" f • ~ ~.V ~ 1 +1 ~1~ Ctrs ( 1',~ fit+,~ ~'~vl~~~~~~ %F . 1r4K ~S • • r DENTON TAXI SERVICE ~ 1305 Willow Springs Denton, Texas 76205 ATTN: CITY MANAGER LLOYD NARRELL Dear Sir: I - to an increase in fuel prices, wa are requesting an increase in cab rates. We now charge 12C every 1/10 mile, and would like to go to 13p every 1/10 mile. Or $1,30 a mile, Enclosed are the fuel re &.tpts for May 14 thru June 14, We also request a city council meeting for a general price increase dun to the fact we have had no price increase in the last five years. Since fuel, pa, 1 and repair and normal cost of living has not failed to rise in the last five yea it would only be fair for us to stay competitive with the times, Bob S ermer, mgr, and Roselle Wed,11e, owntr, will represent Denton Tt Service at said council oweting, All my thanks. R ELOS LE WEDDL , DENTON TAXI SERVICE RWIdd • t~ • c~ • gendaNo, 5 -G2.3 3gendalt -late l ORDINANCE NO. 9d-18n AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 26-52 (a) OF THE CODE OF ORDINANCES TO PROVIDE FOR THE AUTOMATIC ADJUSTMENT OF TAXI RATES BASED UPON FUEL COSTS; REQUIRING OWNERS TO KEEP RECORDS OF FUEL COSTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR THE VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That Section 26-52 (a) of the Code of ordinances is amended to read as follows, Sao. 26-52. Taximeters rates to be ohsrged, (a) Passengers will be charged as de pined by the taximet, - a minimum fare o one dollar and th',. -ents ( 1.30) for t! first c -tents 1/10) aile. For % c ),dditi, ial one-ten mile fr the } .it of pickup to the po. of d itination t mileage '.te cha ;ed shall be basec' ipon pric of fuel pa d by the xi company, as follows: Mileag: Gas, no Price ILLCL $0.~ 0.80 $0.10 1.00 0 1.01 - 1.20 0.12 1.21 - 1.40 0.13 1.61 - 1.60 0.14 1.6'. - 1.80 0.15 1.81 - 2.00 0.16 Any --hangs in the mileage rate ^harged must first be autho.ized by the City Manager or his designee in writing. The City Manager shall authorize a mileage rate change based on receipts showing the taxi company purchased gasoline for thirty consecutive days at a cost that would require a change in mileage rates. Each owner shall maintain records showing the price paid for gasoline for a period of sixty days from the date of purchase and shall make the records available for inspection by the City upon request during normal business ® hours. • • SECTION II. On the effective date of this ordinance, the mileage rate is established at $0.13 per one-tenth mile, without • O • • ~pandaNo. q5 - - lgendalt ve ' uqy further written authorization of the City Manager. Any change in the mileage rate established by this ordinance shall be made in accordance with the provisions of this ordinance. SECTION II. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00). Each such person shall be deemed gv.ilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION III. That this ordinance shall become effective fourteen days (14) days from the date of its passage, and the Cicy Secretary is hereby directed to cause the caption of this ordinance to be publl had twice in the Denton Record-Chronicle, the official newspaper the City of Denton, Texas, within ten (10) days of the plate of it, passage. PA'' AND APPROVED :his f' Q~(Z' day of~L_, 1990. BOB CASTLEBEnr.', MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPR ED As TO LEGAL FORM: DEBRA A. DRAYOVITCt4, CITY ATTORNEY • BY: A~• V ' ` c~nn~ • r terr,tcpor s ra CITe MCOUNCIL I t O v { e A ~ Q ~ a Nt, ~O~O ~ ~ 0 0 pG 0~ l I !C65 CITY O/DENTCN, TEXAS MUNICIPAL BUILDING OENTON, TFXAS 76201 TELEPHONE(817)566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager DATE: July 5, 1995 SUBJECT: Request from Julia LoSuya for Exceptions to the Noise Ordinance for a Band Concert at the North Texas Fairgrounds on Saturday, Ju3y 15, 1995, and Saturday, July 22, 1995, until 1:00 a,m. BACKGROUND Julia LoSoya has requested that the City Council grant two exceptions to the noise ordinance for the use of amplifiers and loudspeakers at the North Texas Fairgrounds on Saturday, July 15, 1995, and Saturday, July 22, 1995, until 1:00 a.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 Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The City Council has granted two prior exceptions to Me. LoSoya's band on November 19, 1994, and June 30, 1995 until 12:00 midnight. Police Department records indicate that one call regarding a noise disturbance at the fairgrounds was received before $:00 p.m. during the November 19 event, Me. LoSoya's band has held other concerts i at the fairgrounds, on February 11, May 19, and June 3, 1995, where exceptions to the noise ordinance were not obtained. The Police i Department received 2 disturbance related calls prior to 10:00 p.m. 1 on February 11, and three additional noise disturbance calla after 10:00 p,m. Howrv-r, no calls were received during the May 19 and June 3 events. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Area Residents. "Dedicated ro Qaudirp SerVIC(, • A • i ' .UZ r1f9(N4--:~ ,e+ldtf vat Z cb5 Fiscal Impact: None Please advise if I can provide additional information. RESPE' ULLY SUBMI TED: t y Harrell City Manager Prepared By: Veronica S. Rolen Administrative Assistant II i Approved By: A97 Portugal Assistant to the C y Manager Attachments: 1. Letter from Julia LoSoya • 2. Noise Ordinance a . • • r r J June 27, 1995 Atten: City of Denton City Council, I am a representative for (a Hispanic band) Capricho show, We have rented the exhibit hall at the Fair arounds in Denton for our functions which will be on Saturday July 15, and Sat- urday July 22. Sergeant Burns or Lt. Abbott will. be signing our rental agreement for the Fairgrounds. I would like to be granted a special exception to the Noise ardiance for the dates listed above until 1,00 a.m. Thank you for your cooperation in this matter. Sinc~ereiy, ~ _4/ 7 i Julia LoSoya • • 'r,, yi • cil s VvdaNo, _ Agevdalt Nla Chapter 20 4UISANCES• Art, L in General, it 2O1-2x30 A.A. II. Abandoned Property, If 20.31-20.70 , Div. 1. Generally, 11 2031-20.40 Div. 2. Motor Vehicles, 0 20.41-20.70 Art, M. Grass and Weeds, If 20.71-20.73 ARTICLE I, IN GENERAL Sec, 20.1. Notse, ral It shall be unlawful for any person to make or ce 1ae any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause mater(^t distress, discomfort or injury to :'.srsons of ordinary sensibilities in the immedirte vlcinitl thereof. UM unlawful for any person to make or cause any noise of suc' tractor, ii...nsity anu ed duration as to substantially wfere with the comfortable, &.yment G of private homes, rsons of ordinary sensibllitie 1cl The followit, s, among others, are declr to be noise nuisances it, violar j,. Code, but such enuw. •lon shall not be deemw be exclusive: 11 The playin= A any phonograph, telovi radio or any musical instrument in such manner o• :n such volume, parVicul i between the hours of 10:00 p.m, and 7.00 a, n! , as .nnoy or disturb the 4ulP omfort or repose of persons of ordinary Sen. O'ilp my dwelling, hotel nr r type or residence; 12; 't he use o, my stationary loudsper', am' - sflor o nusical instrument in sucl or with such volume as to anne disturb persons of ordinary sensibUiti..j in the immedia, . vicinity thereof, pam.Amly between the hours of 10:00 p.m. and 7:00 a, m,, or the operation of such loudspealtor, ampalflse or musical instrument at any time on Sunday; Provided, however, that the city countcll may maim exceptions upon application when the public interest willrbe served thereby; • (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any otta: lnud or far-reaching steam whistle within the city limits, except to give notice, of the time to begin or stop work or ss a warning of danger, (4) The erection, exenvation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am. and 8,30 p,m., Monday through ® -Cross references-protected migratory bird roosts deel" nuisetca,1 "7; inspection • O and abatement warrants, 11988 at seq.; insect and rodent control in mobile home and rn. reationwi vehicle parks, 132-91. uvv. No. 1 1389 i • Q • *MaNo. :1-el a9endalterrz.- 4 20.1 DENTON CODE Date Saturday-, provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and In the interest of public safety and convenience; 161 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, tratos or ton. tainers; , (6) The use of any drum, loudspeaker or other instrument or device for the pu pose of attracting attention by the creation of notes" to any pert e 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 1966, 94 1420, 14.21) Cross reference-Animal noise, 16.26. Sec. 20.3. Odors. (a) It shall be unlawful for any person to create or cause any unrasonably 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 small of such ch.vacter, strength or continued duration u to substarttially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. Ic) 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 (11 Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and reposs of persons of ordinary sensibilitiu; (2) Offensive odors from privies sad other similar places' (3) Offensive odors fkoaa the use or posseesioc of chemicals or from indnstriai processes or activities which diAurb the comfort wA repoes of persona of ordinary ssndbilities; (4) Offend" odon from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any promise or from rotting garbegs, retires, offal or dead animals on any premises. (Code 1984, to 14.4 14.25) Sera, 20-3. Oarbade, trash stall rubbish auiaeaow-Generaft, (a) Sloring or kseptn/ rarbafs, trash and rubbish. The storing or keeping of any and all ® ththof, stacks, heaps or piles of old lumbar, refute, junk, old cars or machinery or parts • A garbage, truh, rubbish, *a" material, rums, demolished or partly d►moWhed structures or buildings, piles of atones, bricks or broken rocks on any premless bordering any puM street supp. No. t 1390 • A r e L1 w - 11 11 1 t CITY COUNCIL Ufl, i ~OM D~ e ~ yf0 0 e ti D Q ) • DATE: July 5, 1995 CITY COUNCIL REPORT FORMAT + V0 1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: [Told a public hearing and consider an ordinance to rezone 2.171 acres from the Agricultural (A) zoning district to the Two Family Conditioned (2F(c)) zoning district and Single Family 10 Conditioned (SF-10(c)) on property located on the southwest corner of Haggard and Hinkle. RECOMMEN T ONi The Planning and Zoning Commission recommends approval of the rezoning request (4.0). SUMMARY; See Planning and 7Loning Commission Report, BA!QK(;ROUND: See Planning and 'L'.oning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFE93F.D: Not applicable. FISCAL IMPACT: None. Respectful submitted; C • Lto d 1 arrell u • City Manager 9 • i DIM <'b 13 Prepared by: 1~4 - I 'I/ Walter E. Reeves, Jr. Urban Planner Approved: Drank Robbins, AICP Director Planning and Development Attachment Ml: Planning and Zoning Commission Report, Attachment N2: Ordinance. Attachment N3: Planning and Zoning Commission Minutes from April 26, 1995, I • 3 r ~w....~.~.w......... i fl ( 1~4 4'~'1f i. y r ; • • '1* iV ! ~ i f .I s~M Ir . 1~~;~, 1~1e i~~.i}?~1~, Y,~~~ ~e1~~~2~f i • Ap *No- APMII S . Date- 95 DENTON PLANNING AND ZONING COMMISSION REPORT 13 Case # Z-95-010 July 5, 1995 GENERAL INFORMATION Applicant: Rick J. Muenks PO Box 51079 Denton, TX 76206 Current Owner: Same as applicant Action: Requesting rezoning from Agricultural zoning district to Single Family 10 (Conditioned) and Two Family (Conditioned) zoning districts. Location: Southwest corner of Hinkle and Haggard Streets (See Attachment 1). Surrounding Zoning & Land Use North: Agricultural zoning, PD 78, and a proposed subdivision (Jerry Riley), South: Single Family 10 zoning and some single-family residences, East: PrI 21 Good Samaritan Village, West: Single family residential use in the SF-10 zoning district. Denton Development Plan Low Intensity: Study Area #23 (82% allocated). SPECIAL INFORMATION Water/Wastewater When property is plaited, a new 6-Inch water line and 6-Inch sewer Ilne will be constructed along Haggard. 1 Engineering (required at platting) Transportation: 'Alleys required to have two outlets. • '25' of ROW from centerline of Haggard. "30' of ROW from centerline of Hinkle. 'Perimeter paving on Haggard. 'Sidewalks required along Haggard and Hinkle. Dralnage: 'Floodway to be dedicated as drainage easement. • "Structures In floodplaln will be required to be elevated at ~ • i J least 18 Inches above the base flood elevation depending on the encroachment factor. 'No fences, fill or other types of structures will be permitted • •>~f!{~f{0 rO r I)dttl ~ ,•,~1 In the floodway. y"f S~ BACKGROUND The land is currently undeveloped and has been In the Agriculturrl zoning district since the time of its annexation, NOTICE Ten (10) notifications were mailed on April 14, 1995. One reply, In favor, was received. ANALYSIS The proposal is to rezone 2.171 acres from the Agricultural zoning district to the Single Family 10 (SF-10) (Conditioned) and Two Family (2F) (Conditioned) zoning districts (Attachment 2). The subject property Is located In a low Intensity area (1023). To be consistent with DDP policy the maximum density for this project should not exceed six (6) units per acre. This density will yield a maximum of thirteen (13) dwelling units for the project (6 unlWacre x 2.171 acres). The intensity analysis for this project Is relatively simple. The overall Intensity allocation for the property is 130.26 Intensity trips (2.171 acres x 60 t/d/ga). The Trip Generation Factor (per unit) for both SF-10 and Two Family Is 10 trips ~ per unit. With a maximum of 13 units, at 10 trips per unit, the project Intensity is 130 r ips. The proposal would meet the intensity standard of the Denton Development Plan. Other DDP policies supported by the proposal Include; 1. Provides opportunities for diversified housing with emphasis on housing for low to moderate Income levels. 2. Protection of residential neighborhoods from the intrusion of Incompatible land uses, traffic, noise, and pollution. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request • with the condition that the maximum number of dwelling units not exceed thirteen (13) for the entire 2.171 acres of the proposed project. ALTERNATIVES 1, Approve another zoning district or combination of zoning districts. 2. Approve application with additional conditions. • 3, Postpone consideration. • O 4. Deny the application. ATTACHMENTS 1. Location Map. 2. Zoning Exhibit. 3. Intensity Area #23 data and map, A Ca A Ag+} C Data ~'r'rALMMEMT sq /3 NORTH O© Nat r~>~n~~~ 1C i ~ ~ ~ ` t I I J\ c r u+. ` OI~ f N A IV H AO SITE Fl DC tmoatioe map • 0 A8 as Age delta- C r ~ i 7`7 lam At I 1204: .12141 MEADOW RIDGE OR ~~~1206 I r 1222 0 NAGWD • I i 1213 1207 0 ` 2307 0 • F304 10 GREE N ER WI S •100, ,221 ~ 12?, ,201 1300 r.~... • c~ • iNTINSITT ARIA • 23 A ~ 61835 AC298 IOONDARY DIRCRL►TION A~pgAndel y East: Highway 77, Bolivar, Headlee Street, and Car Dale l ou avard 7.,n1 I West: Bonnie Brae vv hs, II North: irlndsor Drive ! South: North property line of commercial and retail uses on the notch !f side of University Drive l II 1,:{ f AA « l , ~•N kv I f' F 1 11. ` r co ALI i! ~ Ir`.•! ,awl t' =all Ili I UNW& •1 . i ® ter , ICALI • e 0 1000 2000 I , i • ca • A~ndal ' Date 7' S" q5 LAND USE MANAGEMENT INFORMATION SYSTEM Rog /3 PLANNING AND DEVELAPF(ENT DEPARTMENT CITY OF DENTON intensity area 1: 23 Type.. L.ov Intensity Trips/ac 60 [raffic survey zones: 6680 6682B 6684 3oundary Description: North: Windsor Drive South: N.property line of comm. and retail n.of Hwy Date: 02/15/95 East: Hwy 77, Bolivar, Headlee, and Carroll Blvd. West: Bonnie Brae .AND USE EXISTING LAND USE CURRENT ZONING PLANNED DM L40PXENTS 'ATEGORY UNITS ArFXS INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT ;F-16 < 34 21.46 340 19.8 396 0 0 0 3F-10>16 616 216.19 6160 5.94 178.2 0 0 0 >F-7>10 117 25.57 1170 0 1) 0 0 0 .ESS SF-7 4 0.4 40 0 0 2.17 16 16C OB.HONES 0 0 0 0 0 0 0 C .UPLEX 47 7.43 470 6.86 548.8 0 0 11F-R 6 0.86 48 11.64 1164 0 0 0 '1F-1G2 0 0 0 7.5 1500 0 0 C -ON/RET 0 0 0 6.79 5713.5 0 0 C )FFICE 0 0 0 0 0 0 0 C :NDUSTRY 0 0 0 0 0 0 0 C TI'NAL 0 41.16 3498.6 0 0 9.99 0 849.15 1tlfS 0 129.19 3875.7 0 0 0 0 C </O/SPACE 0 18.3 0 0 0 0 0 C TRANSPORT 0 11.42 0 0 0 0 0 C AGRIC. 0 0 0 73.57 0 0 0 C 'IACANT 0 148.32 0 0 0 0 0 :OTAL 824 620.3 15602 134.1 9501 12.16 16 1006 INTENSITY CALCULATIONS (3) Intensity area total trips 620.3 times 60 37218 (2) Trips allocated to existing land uses (built) 15602 • (3) Trips allocated to current zoning incl. P Ds (not built) 10510 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 4414 (5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) 6692 (6) Percentage of intensity trips allocated 92 • • I 295-01D APod81 , q bate_ ob93 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 SINGLE FAMILY 10 CONDITIONED (SF-10(c)) AND THE TWO FAMILY CONDITIONED (2F(c)) ZONING CLASSIFICATIONS AND USE DESIGNATIONS FOR 2.171 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF HAGGARD LANE AND HINKLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Rick Muenks has applied for a change in zoning for 2.171 acres of land from the Agricultural (A) zoning district classification to the Single ramily 10 Conditioned (SP-10(c)) and the Two Family (2F(c)) )ning district classifications and use designationst 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 Plant NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 2.171 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 Single Family 30, Conditioned (SF- 10(c)), and the Two Family, Conditioned (2F(c)) zoning district classifications and use designations under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the condition that ;.he total number of dwelling units on the 2.171 acres not exceed thirteen (13). • 9.TION 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 r p 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 to cause the caption of this ordinance to be • • ~penOaNo. ~ 4gende~ to /e ' 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 u 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY y • I 7 1, ~ ilx tt~' z ! v, 1,°1 ~ ti~ t 1yx'i y.~~ _i ! v~r ! 1 tat boa ~ ~'+°ir`,~ v a~rp ~j yy~. r t. i FIELD NOTES 0.887 ACRE BEING all that certain lot, tract or parcel of land situeW in the Robert Beaumont Survey Abstract Number 31, In the City and County of Denton, Taus, being a part of that csrtaln (called) 2.177 acre tract of land eanveyad by deed from Harry W, Down, Jr. to Unified National Bank, recorded In Volume 3164, Pogo 141, Real Properly Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an "X" in concrefs for eomer In the west curb line of Hinkle Drive, a public roadway, said point being the northeast corner of said United National Bank tract; THENCE S 00.53' 40" W. 135.03 feet with said west curb line of sold Draw to a point for comer; THENCE S 89' 38' 10" W, 287,51 het a point for cower; THENCE S 00' 63'400 E. 40,20 het to a fiance corner for corner, sold point being the southeast corns of that certain tract of land conv*M by deed from Millard Franklin Thorp to Curtis L. Hlmes, recorded In Volume 2341, Page 470, Real Property Rwrds, Denton County, Texas; THENCE N 02" 49 37" E, 95,01 feet with the east line of said 0.30 scre tract to a fence corner for comer In the south fine of Haggard Lane, a public roadway; THENCE N 88' 38' 10" E, 284.30 feet with said south line d said Haggard Lane to the PLACE OF BEGINNING and containing 0,887 acre of land. • i . • Q , e. - ~ ~'1o w1 ti~ i~a, ~~~v~1 v~1 ,!i~Vr„@~sVC~~~~'~~ ~1141f • • ~xHl~rr ~ FIELD NOTES 9endaNo. 1,264 ACRES o1daltenk We .--7-- s~- S BE1140 all that certain lot, tract or parcel of land sth,ated in the Robert Beaumont f3 1 Survey Abstract Number 31, in the City and Co,.nty of Denton, Texas, being a part of that certain (called) 2,177 acre tract of land conveyed by deed from Harry W. Down, Jr. to United National Bank, recorded In Volume 3164, Pape 141, Reel Property Records, Denton County, T )xas, and being more particularly described as follows; COMMENCING at an 'X' In concrete for comer In the west curb line of Hinkle Drive, a public roadway, sold point being the northeast comer of said United National Bank tract; THENCE S 00' 53' 40' W, 135.03 feet with sold west curb line of sold Drive to a point for POINT OF REOINNING; THENCE S 00' S3' 40' W, 111.17 feet with said west curb line of said Drive to an 'X' set for corner, said point being the northeast comer of that certain (called) 0.93 acre tract of land conveyed by deed from L. F. Henn to Kelly Brooks on November 17,19M and recorded In Deed Records, Denton County, Texas; THENCE N 89' 14' 10' W, 225,87 feet with the north line of said Brooks tract to a fence comer for comer; THENCE S 01' 22' S0' E, 70,17 feet with a west line of said Brooks tract to a fence comer for corner; THENCE N 88' 27 20' W. 169,86 feet with a north line of said Brooke tract to a fence comer for comer, in the east line of that certain (called) 1,30 acre tract of land conveyed by deed from Joe Medina to Damisiss Gonzales Hunter, recorded In Volume 942, Page 870, Deed Records, Denton County, Texas; THENCEN 02.48' 04' E, 203.97 Net with said east line of said 1.30 acre tract to a fence corner for corner, said point being the soulhwost corner of that certain (called) 0 30 acre tract of land conveyed by deed from Millard Franklin Thorp to Curtis L. Himw,, records In Volume 2341, Page 470, Real Property Records, • Denton County, Texas; THENCE N 88' 03'5(r E. 98.98 feet with the south line of said 0,30 acre tract to a fence comer for comer, said point being the southeast corner of said 0,30 acre trod; • THENCE S 00' 53' 40' W. 40.20 feet to a point for comer; , THENCE N 88' 38' 10' E, 264.30 feet to the PLACE OF BEGINNING and containing 1.284 acres of land. • e • • 4ge tldel ttxr~.,t7,~,x{',.,~~ P & Z Minutes? April 26, 1495 Page 12 Ms. Schertz: I'll second. Ms. Russell: Any discu rion? Ail in favor of the motion please raise your right hand, Opposed same sign. Approved. (4-0) IV. Hold a public hearing and consider the rezoning of 2.171 acres from the Agricultural zoning district to the Single-Family 10 (conditioned) and Two-Family (conditioned) zoning district for property located on the southwest corner of Hinkle Road and Haggard Lane. Ms. Russell opened the public hearing. Mr. Reeves: This proposal is to rezone an area that is to be subdivided into four lots for duplexes and then the remainder of the property will be zoned for SF-10, It meets the intensity requirements and is consistent with the DDP. The exact layout has not been established yet because there is another project across the street on Haggard and they are trying to work together to share some of the costs for public improvements. We do recommend approval with the condition that a maximum number of thirteen units be built on this entire 2.171 acres which is six units per acre. We received one reply and it was in favor. Ms. Russell: Would the petitioner like to speak? Mr. Brian Burke: I am not associated with this project but we live a little bit west of the Brea and my wife and I would like to speak in favor of this. It would be a positive change for this properly, Ms. Russell: Anybody else to speak in favor? Would anyone like to speak in opposition? We will close the public hearing. Any final remarks? • Ms, Schertz: I move that we approve the retuning from agricultural zoning district to S17-10 conditioned and 2F conditioned zoning: districts located on the southwest comer of Hinkle and Haggard streets with the condh on that the maximum number of dwelling units not exceed thirteen for the entire 2.171 acres of tho proposed project. Mr, Cochran: I'll second. e • Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. • AI!. opposed same sign. Approved. (4-0) I 0 • 0000 ifft i+ CITY iftm COUNCIL III LL~ { o r to it e s a • Ap11~Ne ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of. Denton Broker of Record has solicited, received and tabulated competitive proposals for the purchase of necessary materials, equipment, supplies or servic-a in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated •emp _yee has reviewed and recommended that the herein described proposals dre the lowest responsible proposals for the materials, equipment, supplies or services as shown in the "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 ORDAINS: SECTION I. That the numbered items In the following numbered proposals for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible proposals for such items: PROPOSAL ITEM NUMBER NO VENDOR AMOUNT 1780 ALL NATIONAL UNION FIRE $ 32,240.00 SECTION II, That by the acceptance and approval of the above numbered Items of t'ie submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Propocal Invitations, • Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a fcrmal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to 0 exacute the written contract which shall be attached hereto; • • provided thet the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified slims contained in the Proposal and related documents herein approved and accepted. • O i, 1 Apltlddl , SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals or pursuant 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 CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY3 APPROVED AS TO LEGAL FORMs HERBERT L. PROUTY, CITY ATTORNEY BYt SUMV.PRO JJJJ~ I e . i• a . i I e .rtis l I ~`y 1 ~i r • I" d? • "w o 9) Dote 1110/41 CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEY @ DENTON, TEXAS 76201 (817) 566.8200 4 DFW METRO 434.2529 MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE June 28, 1995 SUBJECT: PURCHASE OF PUBLIC OFFICIAL'S LIABILITY INSURANCE (REF # 1780) Recommendetlon: That the City Manager be authorized to award an insurance contract to National Union Fire Insurance Company for Public Official's Liability Insurance. Premium is the same as last two years. Summery: Two quotes were received in response to our Requests for Quotation. National Union Fire once again offered the lowest quotation for a 81,000,000 basic policy with a 825,000 deductible. Comparative information is outlined below: Comnanv ov a Deductible Premium National Union Fire $1,000,000 $25,000 $32,240 GENSTAR $1,000,000 $25,000 $51,909 • Discussion., National Union Fire has the highest A.M. Best rating in the Insurance industry (A+ 15) and will be providing coverage to the City of Denton for the third consecutive year. There are distinct advantages to maintaining continuity of Liability coverage to eliminate any dispute of coverage among companies from year-to-year. Their proposed coverage will remain lho some as is currently in piece. The premium A will be paid from the Risk Retention Fund. Lloyd V. Harrell City Manager Dedicated to QaaNry Service" • • '~kNMO, ~i''S Ap«"I Prepared by: Max Blo kburd n Risk Manager Approved by: j Harlon Jeffers Director of N af'Operations i MB:Ib AFFOOE93 • 1 J • 0 s • CITY COUNCIL Q pM p~ l N ® t ~ 0 ~ O Nt` ~oOO u ac ~ ~ • • Will, • a • ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Co.,e provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases= captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: i PURCHASE ORDER NUMBER VENDOR AMOUNT 56007 PARADIGM TRAFFIC SYSTEMS $48,891.90 A SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to • execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized, J • a • SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPAOVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST4 JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMI HERBERT L. PROUTY, CITY ATTORNEY BYt • • . . • 4 U t`t i t iRSA{" !q :yi f?i~rA~~i:; 1~P !~•1 I DATE: JULY 5, 1995 rjpg CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 456007 - PARADIGM TRAFFIC SYSTEMS RECOMMENDATION: We recommend that purchase order #56007 to Paradigm Traffic Systems be approved in the amount of $48,891.90. SUMMARY: This purchase order Is for the acquisition of traffic signals and component parts to synchronize the signalization on University Drive (Highway 380). A list of intersections Is included in the background information. These signal synchronisation improvements are fundnd from a Texas Department of Transportation, "Conger ted Mitigation and Air Quality Improvements Agreement for the Furnishing and Installing of Traffic Signals by a Municipality". The City of Denton Council approved participation in this grant in September of 1994, Ordinance 04-180. The State will reimburse coat for furnishing and installing the traffic signal equipment. The project scope consist of construction of interconnect wire utilizing existing utility poles. This will connect the U.S. 380 (University Drive) I.H. 38, Bonnie Brae, Malone Street, Fulton Street, Alice Street, Carroll Boulevard, Elm Street and U.S. 77 (Locust Street) traffic signals. The controller will be replaced at the Fulton, Alice and Elm streets intersections. The controller and cabinet will be replaced at the Bonnie Brae and 1-35 intersections. Signal monitor and harness will be installed at the 1. H. 38, Bonnie Brae and Carroll Intersections. This construction will allow the controllers at these Interaections to be linked together and get for appropriate timing progression sequence. This purchase is exempt from the bid process * as a sole source acquisition protected by specific patents and copyrights. Paradigm is the only source for Traffic Controllers compatible with our closed loop system. i i * Texas Local Government Code Chapter 252.022 section (a) 7.A. BACKGROUND: PC #58007 - to Paradigm Traffic Systems, Price Quotation from Paradigm and Exhibit A list of intersection. ® PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Traffic Control Division and r Citizens of Denton. r Y . d , 41, • 0 • r ao«~ CITY COUNCIL REPORT - JULY 8, 1996 q PAGE 2 OF 2 FISCAL IMPACT: The purchase will be funded from Texas Department of Transportation Grant funds: 233-020-360A-9190 $19,900.00 233-020-36OB-9190 $17,900,00 233-020-CCTS-9160 !11.191.90 TOTAL AMOUNT $48,891.90 Respe tfull4ub ad: o d 4 City Manager Approved: Name: Tom D, Shaw, C,.P,M, Title: Purchasing Agent 610.A0d11D~ • i • • I ' • • y • PURCHASE ORDER NO: 56007 THIS IS A This number must appear on all CONFIRMING ORDER invoices, delivery slips, cases, (IF MARKED) cins, boxes, puking slips and bills. fl DO NOT DUPLICATE f Ae"NowR~ Oats: 06 29 95 Page No. 01 "lR'^ro .ISM PURCHASING DIVICITY9OF~ DENTON TEXAS c A171383-7100 01MAJ METRO 817/267-0042 FAX 017/3837302 VENDOR PARADIGM- RA:FIC SYSTEMS NAME/ P.O. BOX 161607 DELIVERY CENTRAL RECEIVING S15 ADDRESS ADDRESS TRAFFIC DEFT, FORT WORTH TX '16161-1607 901 B TEXAS ST DENTON, TX 76201 MIKE F'iSKF. VENDOR NO. P A R 4 9 0 0 0 DELIVERY QUOTED 07 20 95 FOB DESTINATIO, BUYER TS TERMS LI Q TI Ate. _ I: 001 2.00 EA VENDOR CAT. # N / A MFG NAME 6,995.000 13,990.00 i:ITY N 96882 S: 3000 CONTROLLER AND CABINET(380 WEST) 002 3.00 EP 12NDOR CAT. # N / A MFG NAME 1,850.000 5,550.00 CITv # 96d82 SC 3000 CONTROLLER (ONLY) (380 WEST) 003 2.00 EA VENDOR CAT. # N / A KFG NAME 60995.000 13,990.00 CITY # 96882 SC 3000 CONTROLLER AND CABINET (380 EAST) 004 2.00 FA VENDOR CAT. # N / A MFG NAME 1,850.000 31700.00 CITY # 96882 SC 3000 CONTROLLER (ONLY? (380 FAST) P OE TOTAL t 37,230.00 7llMdfd nAAi,:,. p.ei,dd.l VENDOR INSTRUCTIONS s. Trrms - Nei '40 1. Send orioinal invoice with dupheate copy. 4. Snipping insieumons: F.O.B. Oestinalion p,epaid owe,, 1, Bill to Accounts Payable No federal w state sales rax shall be Included 215 F. MCKfoneY St. in prices billed. Purchasing Division Denton, rX 76201.4299 PURCHASING • _ W • r PURCHASE ORDER NO: 56007 THIS IS A this numbar must appear on alt CONFIRMING DRDER ins., invoices. dolivery inq Ops, cases, OF MARKED} c _ ,,,,,~ln}~pA boxes, , p ackmy plies and billy DO NOT DUPLICATE RegA' roh .O B No: Date: 06 29 95 Pape No. 02 01 » ' CITY OF DENTON TEXAS PURCHASING DIVISION / 901-B TEXAS STREET / DENTON, TEXAS 78201-43$4 6 9 8171383-7100 DIPW METRO 817/287-0042 FAX 8171381 VENDOR PARADIOM TRAFFIC SYSTEMS NAME/ P.O. BOX 161607 DELIVERY CENTRAL RECEIVING S15 ADDRESS ADDRESS TRAFFIC DEPT. FORT WORTH TX 76161.1607 901 B TEXAS ST MIKE FISKE DENTON, TX 76201 VENDOR NO, PAR49000 DELIVERY OUOTED 07 20 95 FOB DESTINATION BUYER TS TERMS AT LINT 110, 005 6.00 EA VFNDOR CAT. #7090 MFG NAME 147.200 1,177.60 CITY # 96882 PED 8113NAL, YELLOW, MAN/HAND 006 8.00 EA VENDOR CAT. #SE2011ADA,SP102 MFG NAME 42.300 338.40 I CITY # 96882 FED PUSH BUTTON (ADA) 5 X 7 SIGN CONSISTING OFt 1 EACH SE-2011-ADA 1 EACH SF-1020-OB • 007 1.00 EA VENDOR CA'I'. # N / A MFG NAME 6,995.000 6,995.00 CITY # 96882 SC 3000 CONTROLLER & CABINET 008 2.00 EA VENDOR CAT. #MTSTP502••PA MFG NAME 244.300 488.60 CITY # 96682 1-WAY, 5 SECTION SIONAL HEAD POLY/POLY HV POLY TUNNEL VISORS (MCCAIN) • P OE TOTAL t 8,999.60 1 i ANDOR INSIAUC110143: 3. Terms - Net 30 luau, u,u«a qua.rl i, Soo oflpnldl lnvevo with 1upllGte ot~7• 4. Shipping msttuctlons: PA.B. Distlnallon prepaid nwesw n,unn, q,nnwl 1, Siv to • kewints Payable 4. No lederat or title sales 1ri shall be Included 216 E McKlanS In p,lces billed urC asnp v a on 041 ion, rx 2 4299 PURCHASING • • • ' r PURCHASE ORDER NOI 56007 THIS IS A This number trust appear on all CONFMMINO ORDER tns, 6, delivery Slips. Cases, (F MARKED) c - lns. boxes. puking ahp9 rtd bats' DO NOT DUPLICATE HegAW*NO • id No, i3 Dale: 06 29 95 Page No. 03 PURCHASING DIVISION Y901-8 TEXXAS STREET ) a~NXASIEXAS 70201-4384 ~ ` - 8171383-') 100 DOW METRO 8171287-0042 FAX 8 1 71393-7302 VENDOR PARADIGM TRAFFIC SYSTEMS NAME/ P.O. BOX 161607 DELIVERY CENTRAL RECEIVING S15 ADDRESS ADDRESS TRAFFIC DEPT. FORT WORTH TX 76161-1607 901 B TEXAS ST DENTON, TX 76201 MIKE FISKE VENDOR NO. PAR49000 DELIVERY QUOTED D7 70 95 FOB DESTINATION BUYER TS TERMS L QUANTITY 77 009 B.00 EA VENDOR CAT. OMBTP302-PA MFG NAME 1384500 1,108.00 CITY N 96882 1-WAY, 3 SECTiuti SIGNAL HEAD POLY/POLY HV POLY TUNNEL VISORS (MCCAIN) 010 3.00 EA VENDOR CAT. NBK-1005-N MFG NAME 47.300 141.90 CITY N 96002 VACCUM FORMED BACKPLATE FOR 5-SECTION HEAD 011 8.00 EA VENDOR CAT. 489-1003-N NFU NAME 33.100 264.00 CITY N 96682 • VACCUM FORMED BACKPLATE FOR 3-SECTION HEAD 012 3.00 EA VENDOR CAT. NAH-0125-5-62 MFG NAME 881000 264.00 CITY N 96882 ASTRO-SRAC AB-0125-5-62 P GE TOTAL s 1,778.70 • • f I 9N NA INSTRUCTIONS: 3. Toms - Net 30 (11141, 1,110,14) 1. Send offamet Invoice with dupllcale copy. Shipphlg InSimlicnir F.0.0. Deoroon prepeld lulu. uo,,wo glydiNl Bill to - Accounts Payable 5 No ladli or State iiii tell Shall be included 716 in prlcel billed. uro a nq vision l it, . , 18t0 TX 18ayy 1•6tS200 PURCHASING Pe „ w • • PURCHASE ORDER N0; 56007 THIS IS A This number must appear on all CONFIRMINO ORDER invoices, delivery ing cases, 1 (IF MARKED) erne., boxes, packing erica and bills. DO NOT DUPLICATE Req. No fcl No: Date: 06 29 96 Page No. 04 r~v'^ DO , r PURCHASING DIVISION CITY sOF DENTON, TEIxoNsEXAS 78201-4384 8171383-7100 DJFVV ~ METNO 8171267-0042 r FAX 817J383-7302 VENDOR PARADIOM TRAFFIC SYSTEMS NAME/ P.O. BOX 161607 DELIVERY CENTRAL RECEIVING S15 ADDRESS ADDRESS TRAFFIC DEPT. FORT WORTH TX 76161-1607 901 B TEXAS ST DENTON, TX 76201 MIKE FISKE VENDOR NO. PAR49000 DELIVERY QUOTED 07 20 95 FOB DESTINATION BUYER TS TERMS 013 8.00 EA VENDOR CAT. NAB-0125-3-62 MFG NAME 79.000 632.00 CITY N 96882 ASTRO-BRAC AB-0125-5-62 014 10.00 EA VENDOR CAT. N N / A hF0 NAME 7.400 74.00 CITY 0 96802 TUNNEL VISOR POLY 1211 YELLOW MMP 1213PY 015 24.00 EA VENDOR CAT. N N / A MFG NAME 7.400 177.60 CITY N 96082 TUNNEL VISOR POLY 1211 YELLOW MMP 1213 • I P 09 TOTAL 1 883.60 • 01 233 020 360A 9150 19,717.60 0R MD TOTAL t 40,891.90 02 233 020 380E 91,60 17,690.00 03 233 020 CCTS 9180 111484.30 rFIV00B i NSIAUCIIONS; 1. terms Nei 30 a.i... .uu»,.. Annual I. Send original Invoice with duplicate copy 4. Shipping Infatuation!: F,OB. Destination pre aid wd,u nAn.W,1 .,,wu,,.l Bill to Accounts Payable 5, No federal or State aala tae than be Included 218 E MCK11"y St in prices billed. - urc ng v a oT n 0enton, IX 78201.4299 PIIRCHA91Nn • • 06/27/1995 22:00 817-626-9407 PARADIGM TRAWIC 01 Aq/IititNo AQOllddl (617) 6"08 181607 (617) 016-04" fAx PARADIGM 9489 Ft. Worth. 1-1607 ~ TRAFFIC SYSTEMS, INC. QUOTATION Tot City of Demon RFO: 162671 Purchasing DW 162673 901-B Tow Street 162674 Demon, TX 76201 stint Denise pw 117.267.0042 trvu 817.383.7302 DATI 0!h 1VlRY asr VIA FA.e. T"MS *TI NUM OM 1/27/98 00.10 Days ARO Sal Way osstinaeon I NET 20 01101,2,2 ITEM OTY DESOWTION PRICE I TOTAL I 1 6 P8108801-AV 090 eb YEL HN $147,40 ! 81,177.60 2 8 8E-2011.10 P130 PS STATION 6X7 { 138.00 ! ;207.!0 881,20 1 8 811-1020.09 PEO SON 8X7 I 66.40. 4 8 TRANSYT 3000 CONTROLLER 4, OAS 86.115.00 1. 834,970,00 8 2 MTSTP602-PA HZ 6S SIO POLY/AXY $244.301 100.60 10- MMP121 SPY TUNNEL VISOR POLY 12" YEL 87.40 I 174.60 11,108.00 e 0 MTSTP302•PA HZ 3$ $10 POLY/POLY E $138,501 24 MMP013PY TUNNEL VISOR POLY 12" YEL E $7.40 8177.60 7 3 8K-1006-N SACKPLAT8, VF, 60 847.30 $141.10, 8 6 BK•1003•N BACKPLATE, VF, 36 833.10 I 11244,80 9 3 " AS•0126.6.62 ABT1111069RAC 68 CABLE MNT 886,00 1284.00 10 8 AW0125.382 ABTRO• 1RAC 38 CABLE MNT 879Ao I 8932,00 11 6 TRANSYT 3000 CONTROLLER ONLY 81.060.00 86,280.00 F t i I _ _.i......YOTAL • ~ 114nk you for the opportunity to submit a propowl to you , on this equipment. Pleose reference this quotadon (by QTL' OFFERED BY; number) when placing order, If you hove sny questions please till or send a Iltx to me. OWD LUCK! - oty NIs FInNRBnt T(oft •yo11Fr►s, Me, rwr,~., Fedotol R1N 76.020341 111rI 27 '95 21 l S7 817 625 9407 PF1Gi .8PI1 0 0 It: # Mt Hil CITY . COUNCIL i H.. to { O 1 ® OWN. 000 • - za • AOhMNe CITY COUNCIL REPORT FORMAT _ DATE: July 5, 1995 TOr Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT; Public Utility Easement Abandonment Lot 1R of the Denton Area Teachers Credit Union Addition RECOMMENDATION: The Development Review Committee and Planning and Zoning commission recommends approval, SSjpJM,88Y/13ACKGROUND i The attached plat illustrates the easement tract for proposed abandonment, Gerald Stone, owner's representative, has asked that the city abe.ndon the tract shown, when the property was replatted in 1990, an easement was granted in anticipation of a sanitary sewer line relocation, Field conditions at the time of construction dictated that the sewer main alignment be different from that of the platted easement. An new easement was recently obtained for the current location of the sanitary sewer line. PROGRAMS, DEPARTMENTS, 0 _ GROUPS AFFECTED: Engineering Department, Utility Department, Denton Aret. Teachers Credit Union FILL:A"MPACT, None SP FULLY SU M TEDi C/ • L. yd V. arre City Manager Prepared by: Pa~ u1 W Ilismson Engineering Tech II Approved Di door Engineering & Transportation 3i AER004DO `I ,'r • • Armin 1 SCALE; 1" = 60' Lot I-R, Block I Proposed Abandonment Tract I ~ I U, - - r w Existing Sewer Line M 0 M m N i m M m M -mi Recently Obtained 10' Utility Easement Denton Area Teachers Credit Union Addition Cabinet H, Page 279 Plat Records of Denton County, Texas • May 5, 1995 • • EtWPODCS\0RD\DAT CU. ORD n-I~11~ ti ~genc+altert 7 ORDINANCE NO. _ AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY EASEMENT SHOWN ON THE LOT 1R, BLOCK 1 REPLAT OF THE DENTON AREA TEACHERS CREDIT UNION ADDITION, FILED IN CABINET H, PAGE 279 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS! AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Gerald Stone on behalf of the Denton Area Teachers Credit Union for the abandonment of a certain public utility easement; and WHEREAS, the City Council of the City of Denton has determiners that the public utility easement being vacated is no longer needed for public use, by virtue of its substitution with another utility easement; and WHEREAS, the fair market value of the utility easement has been determined and received, as required by section 272,001 of the Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. That the sixteen foot (161) public utility easement described in Exhibit "A", attached hereto and incorporated herein by reference, as shown on the Lot 1R, Block 11 Replat of the Denton Area Teachers Credit union addition, filed in Cabinet H, Page 279 of the Plat Records of Denton County, Texas, is permanently vacated and extinguished as a public easement; provided, however, that there is hereby expressly reserved a public utility easement evidenced by a document executed by Harold C. Lewis on May 161 1998, filed as document 95-R0028965 in the Real Property Records of Denton County, Texas, wherein a relocated public utility easement was granted to the City of Denton, a true and co,:rect copy of which • is attached hereto and incorporated by reference herein as Exhibit 14B01. SECTION II. That by reason of such vacation the city of Denton's property interest in that portion of the easement vacated shall, by operation of law, revert to the owner or ownere abutting the easement herein abandoned, and the City of Denton releases any ® and all claims to the use of the portion of the property vacated as a public easement. r ~ 0 • r A"We AOMM19 SECTION Ill. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the. . day of , 1998. HO CASTLEH RR 6 ATTESTI JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMI HERBERT L,.PR0bTYj- ITY ATTORNEY BYt j I e PAGE 2 • c D~, EXHIBIT A ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the William Loving Survey, Abstract 759, and being part of &ot 1k, Block 1, being a replat of Denton Area Teachers Credit Union Addition, Lot 1, filed in Cabinet He page 279 of the Plat Records of Denton County, Texas and being more particularly described as followsi COMMENCING at the northwest corner of said Lot 1R, same being a point on the south line of Mulberry Street) THENCE Bast along the north line of said Lot 1R and the south line of Mulberry Street a distance of 63.75 feet to the POINT OF BEGINNING) THENCE East along said lines a distance of 41.76 feet to a point for corner) THENCE South a distanas of 16 feet to a point for corner) THENCE Most a distance of 20 feet to a point for cornerl THENCE South 170 20' 04m East a distance of 139.96 feet to a point for corner, said point lying on a south line of said Lot 1R) THENCE West a distance of 16.76 feet to a point for corner, said point being an inner corner of said lot 1R) THENCE North 170 20' 04N West a distance of 156.73 foot to the POINT Or BEGINNING and containing 2,067 square foot of land. 1 • . i • . r .~.r... s... ~ )'„1 ll~fl ! ~ '1411 +y~~~~ +~y/,~1 n- r . <<.i { 1}In+i ~ r1~IS. i i ,'Y,~~e`1(f~~7rS~ 4 ~"'}i' '+~~15`F~`~~. 1.. v, ?Y W I S • • , lgentlaNo..,_... 4gendal LA9 MBNT Qate. 6~f w THE STATE OF TEXAS, § V( § KNOW ALL MEN BY THESE PRESENTS, COUNTY OF DENTON § THAT Denton Area Teachers Credit Union of Denton County, Texas, in consideration of thu sum of one dollar (01,00) and no canto and other good and valuable consideration in hand paid by the city of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargaln, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage fit, along, upon and across the following described property, owned by them situated in Denton County, Texas in the William Loving Survey, Abstract No. 753. ALL that certain lot, tract or parcel of land lying and being situated in tits City and County of Denton, State of Taxes, in the William Loving Survey, Abstract 759, and being part of Lot 1R, Block 1, being a replat of Denton Area Teachers credit Union Addition, Lot 1, filed in Cabinet H, Pago) 279 0' e of Denton County, Texas and being more particularly described as follows; BEOINNIN(3 at the most westerly southeast corner of maid Lot 1R, said point boars East 148.43 feet from the southwest corner of said Lot 1R, some being a point on the north line of Sycamore Street) THENCE West along the north lino of Sycamore Street and the south line of said Lot SR a distance of 10 fast to a point for corner! THENCE North 004 02' 24" East a distance of 299.93 feat to a point for corner, said point lying on the north line of sold Lot 1R and the mouth line of Mulberry Strestr THENCE Hest along said lance a distance of 10 feet to a point for corners THENCE South 004 02' 2411 West p~~aing at 149,61 feet an inner corner of said Lot 1R slid continuing along an east line of said Lot to a total distance of 299.93 feet tc the POINT OF BEE,INNINO and containing 2,999 square feet of land. • And it is further agreed that the maid City of Denton, Texas j in consideration of the benefits above not out, will remove from the property above described, such fences, buildings and other i obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining public utilities in, along, upon and across maid premimea, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen `i "V 'N • eA~IMtANO and representatives having ingress, egress, and regress in, along ICK upon and a-rocs said premises for the purpose of making additions to, improvements on and repairs to the said public facilities or any part thereof. TO HAVE AND TO HOLD unto the said city of Denton, Texas as aforesaid for the purposes aforesaid the premises above describad. Witness my hand, this the 16 day of nay A.D. 1995, Denton Area Teachers Credit, Union 1 ..rte BY I _ TITLEi EKOCUt iVe Vice President THE STATE OF TEXAS 9 COUNTY OF DENTON 5 Thi strumant ¢W ged before me on 19 - by ~i CMM Notary Public, in and for the Sta a of Texas mok" TOW % My Commission ExpSras 3/Y7 r EM Cem nwen toeN Y - II~Ne 1,IN7 . Accepted this day of lr 19 for the City Denton, Texas (Resolution No./91-073). SYI oily it Deafen yy i Roye N, Wilkinson 916 E. MoKlnne Right-of-Way Agent Deaten. Tx 7B20i ATTN: ROJO K WHMmeen AEE00552 j • ItIl MF11TIMI~DDE9/couwty ~ • COLE AEpig~~ OLANspspp 1 954149A6 5 nc9N{~9pbbjtfi I., SipuEC M~RRANDIEI - , • • ~,>~aNo. Agendalt P&Z Minutes bate May 10, 1995 g~ Page 39 Mr, Edwards: The variance would be %anted to the development plat and we could specify a specific user. Ms. Schertz: I would like to make a comment. Trying to be fair about this when you buy property you should check out what the requirements are to make improvements on the property. These ordinances were in place and they am asking for variances nut in my mind they knew about this when they purchased the property. Ms. Russell: I think I agree with Ms. Schert7when she said that the rules that we hate are difficult in this situation and maybe we ought to give some thought to that. The rules seem very clear in this instance and obviously we are all wanting to work this out but 1 can't overlook the rules. Ur. Huey: I move that we deny the waiver as requested, Ms. Flemming: I'll second. Mr. Cooper: I would recommend that the applicant get with the city staff and determine what impact the placement of the building will have on that property. Ms. Russell: All in favor please raise your right hand. All opposed same sign. Approved the denial of the landscape waiver. (6-0) Mr, Norton: It would appear that we don't have any way as the 7oning Commission to deal with temporary uses, I think that maybe we ought to direct the staff to look at that, I was not romfortable with tonight's decisions but I felt that I had to do this. x. Consider an easement abandonment for Denton Area Teacher's Credit Union, Mr. Salmon: Back in 1990 when Denton Area Teacher's Credit Union was replatted staff felt that the existing sewer tine that goes through the property was located in one area. During the construction it :as discovered that the sewer line actually runs straight north and south. The easement that was dedicated by the plat was nevrr revised. Now the Credit Union wishes to build a drive through for an ATM machine and it happens to be in that area. Staff recommends that wP abandon the easement with the condition that they grant an easement where the sewer line actually is. It really should have keen • taken care of when it was platted but it wasn't and we are just doing some housekeeping. • • Mr. Norton; 1 move that we approve the easement abandonment with the condition that an easement be granted for the existing sewer line. • 0 • r ApMaNo C? AgemlaNeot P&Z Minutes Slate May 10, 1993 yob Page 40 i Mr. Cooper: I'll second. Ms. Russell Any discussion? All in favor please raise your right hand. All opposed 1 same sign. Approved. (6-0) i XL Director's Report. • Rules of procedure concerning audience comments about Items on the commissions agenda. Mr. Robbins: You have in your backup a copy of the request to address the agenda item form that we just put out tonight, One of the ways that we might get people to use them is for the Chairman to ask at the beginning of the meeting if anybody wants to speak to an agenda item that they need to fill out the form, This is part of our new procedures. It is the same thing that the Council does. Anybody can speak to any item on the agenda on your rules without it being a public hearing if they fill this out and give it to us. It does not allow them to speak with you about things that are not on the agenda. You have a couple of documents and we are going to give you a bunch of stuff to read. They are interesting articles we thought we would give you, one from Planning Magazine on resolving disputes, "Kinder Gentler Way" speaks to the use of mediators in general, and the one from the most recent Newsweek "The Paved Paradise" it is a discussion about what has been described in most of the planning literature as neo-traditional planning and development. It lays out all of the issues very succinctly. XIL Future Agenda Items. Mr. Robbins: You have the list of cases coming up. We will meet on the 31st to go over the zoning issues that our legal consultant, 'Terry Morgan, has come up with. We are mailing out those comments and the draft to the Zoning Task Force members, • Ms, Russell: I would like to say that in an effort to make sure that we are understanding what we are supposed to be voting on I think it helps if each commissioner expresses their views before we vote, We will prohably be doing this so that we can make sure that everybody Is all together on what we are doing. If you don't understand something or you are not sure about something just stop us where we are. It Is important that we are all on the right track. e e • Discussion with Mr. Drake concerning attorney/client privilege. Mr. Robbins: Terry Morgan is planning on coming up here to visit with us In public and 0 c~ • CITY COUNCIL 44 FFFFFFF c IN, ~ r G o s eR + ~I • o O ~0N s•O~O ao ~ C • • ApW No /C6" CITY of AENTGN, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 # TELEPHONE(817) 566.8307 Office of Me City Manager CITY COUNCIL REPORT TOi Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATr July 5, 1995 SUB,,ECTs Ordinance Granting a Three Year Exception to the Noise Ordinance to the North Texas Fair Association for the f North Texas State Fair and Rodeo, BACKOROUNDs At the June 6, 1995 meeting, the City Council approved a resolution that adopted a policy to allow three year exceptions to the noise ordinance for qualifying organizations (Attachment 2). James Roden, of the North Texas Fair Association, has requested that the City Council grant such an exception for the North Texas State Fair and Rodeo which is held each year in late August at the Fairgrounds (Attachment 3). The organization is requesting that the exception be granted for the following houres Monday - Friday until 12100 midnight Saturdays until 100 a.m. Sundays from 800 a.m. until 11s00 p.m. In order to qualify for consideration of the three year exception, j tha annual event shall have demonstrated three consecutive years of responsible activity in connection with Section 20-1 (c) (2) of the • Code of Ordinances. In that regard, the City Council has granted exceptions to the noise ordinance for the North Texas State Fair and Rodeo from 1992 - 1994. Police Department records indicate that during that time period two noise disturbance related calla were received, both in 1993. Each time the Fair Association has come before the Council to request exceptions for the Fair there has been great deal of discussion, among the Council, neighborhood • residents, and those making the request. The minutes from each of • those meetings is attached for your review (Attachments 4-7). Additionally, detailed below are the dates and times approved in connection with the previous requests. i I "Oediruted to Qualkp SerNee" 0 0 • ►gendaNo. - 4(~Maltem We North Texas State Fair Association r~2 July 5, 1995 Page 2 August 21 - 30, 1992 (Approved) Monday - Thursday until 11100 p.m. Friday and Saturday until 12100 midnight Sunday, August 23 1100 P.M. - 11100 P.M. Sunday, August 30 800 a.m. - 4:00 p.m. August 20 - 30, 1993 (Approved) Monday - Thursday until 11100 p.m. Friday and Saturday until 12100 midnight Sunday, August 22 1100 p.m. - 11100 P.M. Sunday, August 29 8100 a.m. - 4700 p.m. August 19 - 28, 1994 (Denied with a 4-3 vote) Monday - Thursday until 11r00 p.m. Friday and Saturday until 12100 midnight Sunday, August 21 1100 P.M. - 11100 P.M. Sunday, August 28 8100 a.m. - 400 p.m. August 19 - 28, 1994 (Approved) Monday - Thursday until 1000 p.m. Friday and Saturday until 12100 midnight Sunday, August 21 1100 P.M. - 10100 P.M. Sunday, August 28 100 p.m. - 4100 p.m. You may also recall that in the ordinance format adopted with this policy, specifically Section I (4), Council expressed an interest in prohibiting the use of amplified loudspeakers under any circumstances between the hours of 12100 midnight and 7:00 a.m. In response to the hours requested by the North Texas Fair Association, Mr. Roden was informed by Staff that the Council generally does not grant exceptions past 12:00 midnight. Because of Council's direction Staff has amended the Fair Association's request on Friday and Saturday nights to reflect the 12:00 midnight w limit (Attachment 1). If it is the Council's desire, the hours on Friday and Saturday nights, as well as any other provision contained in the ordinance, may be modified prior to its adoption. PROGRAMS DEPARTMENTS AFFECTEDt s Area Residents. I • w 0 VefldaNo_a s ~2 4geadaltem--0.r 9 North Texas State Fair Association (ate 7".' Jul} 5, 1995 3 Page 3 FISCAL IMPACTi None, Please advise if I can provide additional information. REBPEC LILLY SUB I ED, L Q Llo d Harre 1 City Manager i Prepared By: Veronica S. Holen Administrative Assistant II Approved Byi ose Portugal Assistant to the Cit Manager ATTACHMENTS 1. Ordinance 2. Resolution (R95-030) 3. Request from the North Texas Fair Association 4. August 4, 1992 Minutes 5. June 1, 1993 Minutes 6. August 2, 1993 Minutes f` 7. August 9, 1993 Minutes e i~ • • I A i • I • :.•,\MPD0C8\0ND\NIFRIR.0 ATTACHMENT 1 agendeNo D endal , 6- 9-5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to 920-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, North Texas State Fair Association has made application to the City Council for an exception to the provision of that same section restricting the operation of ampli- fied loudspeakers after 10100 p.m., in connection with the North Texas State Fair And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location for eleven days between August 15 and August 31 of each years and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, North Texas State Fair Association has consistently demonstrated over the past three years an ability to responsibly operate amplified loudspeakers in connection with the North Texas State Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fair- grounds, at times past the hours defined in §20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the rest+-ictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr • SECTION I. That, pursuant to §20--1(c)(2) of the Code of Ordinances, North Texas State Fair Association is hereby granted an exception to this section's 10100 p.m, limitation upon the operation of amplified loudspeakers, subject to the conditions listed below: • 1. This exception is granted only in connection with the • . operation of the North Texas State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair- grounds, for eleven days between August 15 and August 31 of each year, 2. North Texas State Fair Association agrees to take full • • pgendaH - 34 z c responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event. 3. North Texas State Pair Association agrees to cease using amplified loudspeakers at 12100 mid"ight Monday through Saturday and 11100 p.m. on Sundays. 4. Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 12:00 mid- night and 7:00 a.m. 51 This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6. This ordinance shall be strictly construed as an excep- tion granted pursuant to 520-1(c) (2) of the Code of Ordinances of the City of Denton, Texae. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive ~ noise in connection with this annual event, and hereby din- claims any promissory or equitable estoppel which might in any way impede the pursuit of F ch remedies by any person. SECTION II._ That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded. PASSED AND APPROVED this the day of , 19 1 80$ CASTLE$ERRY, MAYOR I • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY • J BY:~ Page 2 , 44, w ATTACHMENT a+. annueven. ree AnuWO 9? J. Gate C_ RESOLUTION NO. r ~'S -030 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE FORMAT TO BE USED 114 GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL EVENTS WHICH HAVE DEMONS'T'RATED A HISTORY OF PAST RESPONSIBLE COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE LIMITATIONS IMPOSED BY SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT SECTION. WHEREAS, a number of annual events taking place in the City of Denton utilize amplified loudspeaker systems in connection with their festivities; and WHEREAS, many of these events contribute to an increased quality of life for many of Denton's citizens, and help to promote tourism and commercel and WHEREAS, many of these events seek authorization from the City Council to utilize such loudspeaker systems after the hours normally approved by the Code of ordinanceel and WHEREAS, the City Council wishes to recognize and reward' those organizations sponsoring annual events which have demonstrated a past history of responsible operation of such amplified loudspeaker systems by eliminating the need to seek authorization for th. same event each years and WHEREAS, the City Council hopes that such a program will provide an incentive for other annual evento to operate amplified loudspeaker systems in a responsible fashionr NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVESi SECTION I, That the ordinance format attached hereto as Exhibit A is hereby approved for granting ongoing exceptions to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, with respect to hours of operation of amplified loudspeaker systems, pursuant the provisions of that section. SECTION II, That, in order to qualify for consideration of an ordinance of the type attached hereto, the City Council intends that such annual events shall have demonstrated a minimum of three • consecutive years of responsible activity in connection with the r J use of such amplified loudspeakers pursuant to prior ordinances granting exceptions to Section 20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas. i' 2=QE-III, That the duration of ordinances of the format j attached hereto should not ordinarily exceed three years. i • • l _Z3. LION IV, That this resolution shall become effective imme- diately upon its passage and approval, PASSED AND APPROVED this the 4r day of , 1995, BOB CASTLEBERRY, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BYE 1~ 11 j /J),, _JA~ , APP &A9 EGAL FORMi MICHAEL A. BUCEK, ACTING CITY ATTORNEY I PAGE 2 • • q annueveo. o rd Agl A SO. A9M* Date Z-9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEMI AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to 520-1(c)(2) of the Cade of Ordinances of the City of Denton, Texas, (name of person or entity responsible) has made application to the City Council for an exception to t.ho provision of that same section restricting the operation of ampli- fied loudspeakers after 10;00 p.m., in connection with the (name of annual event)- annual event held at (location of event) , and in connection with said requ9st, has requested the exception to be granted on an ongoing basis for said annual event at said location (state time of events *.at. on the third weekend of each October) J and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, (name of person or entity responsible)_ has consistently demonstrated over the past -if of years) years an ability to responsibly operate amplified loud- speakers in connection with the (name of annual event) annual event held at (location of event) , at times paet the hours defined in 520-1(c) (2) of the Code of ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the r,)strictions contained herein, would serve the public interest] NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi • SECTION I. That, pursuant to 520-1(c)(2) of the Code of ordinances, (name of person or entity responsible) is hereby granted an exception said section's 10;00 p,m, limitation upon the operation of amplified loudspeakers, subject to the conditions listed below; • [list conditions here, which could include, among other things, the followingil • • 1. This exception is granted only in connection with the operation of the (naw of annual event) annual event at (1ggation of *vent) , on (sta a time of _ event, e.gt. on the third weekend of_eaah Octcberl • A w No 2. (sera of person or entity rasponsible) agrees to take full responsibility for ensuring that the conditidns of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event. 3. (Mare of parson or entity remponsibi ) agrees to cease using amplified loudspeakers at (11130 a.m.) 4. Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 12s00 mid- night and 7:00 a.m. 51 This ordinance confers no personal or property rights, and may be amended, modified, superseaed or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compeu- sation, for any reason at all, or for no reason. 6. This ordinance shall be strictly construed as an excep- tion granted pursuant to 520-1(c) (2) of ::he Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. (add other provisions as desired, e.g., not within 300' of a church, school or hospitals not within 100, of residentially soned property, etc.) 4pCTI0N _IY_ That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded, PASSED AND APPROVED this the day of , 19 • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 j Yea r mete " !C~ 2 9 APPROVED AS TO LWAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY 8wo • PAGE 3 T~ µ 144 E 'r ~ 1.. ~ l1n It{ r,5 • ATTACHMENT 3 ape *Nc S - 3 Ap*1 o Date ecI a«d June 15, 1995 PresidenVExecuuve Director James Roden Vice PresldenliFlnancel ' Administratior) Bob Powers Vice PresiaenbArena Events Denton City Council Bill Allen 215 Fast McKinney Street Secalary Denton, Texas 76201-4229 Bob Mathews Treasurer. To Members of the Denton City Council: Lloyd Ballard Directors. North Texas State Fair Association respectfully requests a three year Robed Bell exemption from the City of Denton noise ordinance for the purpose of Olean caruon conducting the North Texas State Fair an(' Rodeos, Jerry Cobb Scat Ford ON UNTIL Mark Foster Fred Harper Monday-Friday 12 Midnight Dale IrvRn Troy LaOwr a Saturdays 1:00 a.m. Weldon Lucas n,D. Martin Sundays 8 8.m.-11 P.M. Dale McKnighl DannyScherr, The location Is 2217 North Carroll Boulevard, North Texas State Ex-On+cloDirectors: Fairgrounds. JeR Moseley. County Judge Lloyd Harrall. Sincerely, City Managaegar • Chuck Carpenter, President 01 Chamber I of Commerce )1mcs Roden i tionmary Board of Directors, PresidenNFxecutive Director Ii K Armstrong North Texas Stale Fair & Rodeo I r l p' M2217 y NORTH CARROLL RO. BOX 1695 DENTON, TEXAS 76262 (81171387-2632 FAX(817) 382.1763 • • 5 1 ~r,1 ~ e ! "i~ f ° 1 5j ark,". ri i. r • • ATTACHMENT ~t 3 6 i ~+gendaNa Agendaltern Ay l City of Denton City Council Minutes August 4, 1992 29 Page 16 item ,f9 w&s considered. 9. The Council considered a request from the North Texas State Fair Association to allow the use of loudspeakers, amplifiers and musical instruments August 24 through August 27, 1992 until 11:00 p.m.; on Friday, August 21 and August 28, 1992 until 12 midnight; on Saturday, August 22 and 29, 1992 until 12 midnight; on Sunday, August 23 from 1:00 p.m. to 11:00 p.m.; and on Sunday, August 30 • from 8:00 a.m. to 4:00 p.m. for the purpose of the North Texas State Fair and Rodeo. Mayor Castleberry indicated that there were speaker cards from individuals who did not wish to speak. There were two cards in opposition and five in favor of the request. p Gene Truss spoke in opposition to the request. He had lived near • • the Fairgrounds for 16 years. A petition of 260 signatures had been presented to Council in April regarding the Fairgrounds which had expressed the widespread concern the neighbors had about numerous nuisances associated with events as the Fairgrounds. Since that time, the neighbors had formed the North Denton Center • d • • 3 6 8 gondaNo._. 4gendallam.. City of Denton city council minutes August 4, 1992 ! 3 Z~ Page 17 Neighborhood Association, The Association had adopted the COPS program and had meetings relative to security in the neighborhood, They were requesting that the Council not grant the variance. The neighbors were not in opposition to the concept of the fair or the rodeo but rather the nuisance it presented. Denton had grown since the early days of the facility and the facility was now too small. to handle the large crowds. There were problems of traffic, noise, parking, obscene behavior and other related events. Litter was a problem and there was a noise problem even after the facility closed with people leaving the area. Mayor Castleberry asked for staff presentation. Catherine Tuck, Administrative Assistant, stated that the request was for an exemption of the noise ordinance for the time period after 10 p.m. and the use of loudspeakers on Sunday. The exemption was requested so that the Fair would continue operation and so that a noise complaint would not result it a citation. The Police Department received complaints in the area during events a.-id without an exemption, the Fair would receive a citation. Council Member Smith asked what were the hours of the Fair in the past. Tuck replied that the hours requested were the hours used in the past, Council Member Perry asked that Lt. Welborne's memo be read for the benefit of tlo audience who might not have the memo. Tuck rend the memo which was included in the agenda back-up materials. Russell Trap stated that he was against the Fry Street Fair being held on the Fairgrounds due to the churches in the area and the Easter holiday. The Fair Association had never caused him a • problem in all the years he had lived in the area. He knew the Fairgrounds was in the location when he built his house in the area, The Association helped youth and charities and he was in favor of the Association's request. Dorothy Yarbrough stated that she knew the Fairgrounds was present when they bought their house but the loudspeakers were now • unbearable and she could not go to church on Sunday due to all of • • the traffic in the area. The parking was very bad and came all the way down to her house which was three blocks from the Fairgrounds. The noise took at least an hour to settle after the grounds closed. J • a+ • I--0 369 AgendaNo'q IG2 gganUatit~ ,q City of Denton City Council Minutes (+ata August 4, 1992 c6 Page 18 Laurence McClendon stated that if the variance was not granted, then the City should enforce the noise at the football games at the High School and the University of North Texas. There was noise from the entertainment and not just from bands. Carol Ganzer spoke in favor of the request. The Fair brought in money for the City through increased participation of its citizens and increased hotel/motel occupancy. Parking was a problem and perhaps no parking signs could be placed on Carroll Blvd.. to help with the parking in the area. Burl Bourland spoke in favor of the request. There would be a large amount of animals shown at the Fair. He read the criteria which the youth must meet in order to show their animals at the Fair. With the amount of animals which had to be shown, there was no way those animals could be shown in the day time. Council Member Perry asked about the excessive neat for, the animals. Might it be easier on the animals to hold the event later in the fall. Bourland replied that the current time was better suited for the Fair as the vaildren were not in school at this time of the year. There would otill be a time factor involved with the amount of animals which had to be shown. Stephanie McKnight stated that she was a member of the North Texas State Fairgrounders. Her group carried the flags and set the pivots for the grand entries at the rodeo. She asked the Council to grant the variance. Jerry Burger stated that some of the problems in the neighborhood might be due to the cook-offs held on the grounds. Those tended to run later at night. The bands played for entertainment but were not all night. Some of the money raised went to charities and if the hours were not allowed, the money could not be raised. • Bob Powers stated that this would be the 44th year the Fair would be held at this location. Many civic organizations participated in the Fair as fund raisers for their groups. He detailed the events held at the Fair. In order for the Fair to be a success, the hours requested must be granted. The funds generated by the Fair helped update the Fair and renew the grounds. He asked the council to , O grant the variance request. • Council Member Chew asked if this was the first time a variance had been requested. • 0 • as • 3 7 0 age"sNo Agodal c+ City of Denton City Council Minutes FRB `~~,'I August 4, 1992 rS~-p2~ Page 19 Powers stated this was the first time for the request as the Fair had not been aware of the ordinance in prior years. Council Member Smith asked if the Fair had started at 8:00 a.m. on Sunday in the past. Powers replied that a goat show was on Sunday morning. Council Member Perry asked if there was any imposition on the neighbors by the Fair. Powers replied that he was not aware of any during the Fair itself. the Fair tried to keep the area as clean as possible. He had never had any complaints during the Fair itself.. The Fair was primarily a family affair. Council Member Perry asked if he had been aware of the problems associated with the Fair. Powers replied no. Council Member Perry asked if after being made aware of the problems, had the Fair attempted to meta with the neighbors regarding those problems, Powers replied no that he was not aware of any problems. He had attended the neighborhood meeting but it dealt with the crime in the area. Council Member Perry asked Powers if he was aware of the noise ordinance. Powers replied no he had never been aware of any noise ordinance. Council Member Brock asked if the exhibits would be open at 8:40 • a.m. or would there be any use of loidspeakere on Sunday. Powers stated no that the Fair closed officially at twelve p.m. on Saturday night except for the goat show, Council Member Brook asked approximately what percentage of the crowd would be present for the goat show. • Powers replied that only approximately 1% of the people at the Fair • • on Saturday would be present on Sunday. Council Member Miller asked if there were items which could be done this year to help with the noise this year. • • ~gendaNo 5'vZ :_..3 71. Ap"d81 City of Denton City Council Minutes We August 4, 1992 / Z5 Page 20 Powers replied that one area would be the noise after the Fair closed each night and to clear the area quicker. Mayor Castleberry asked how many events the Fair had on the grounds each year. Powers replied that there was an event at the Fair almost every weekend of the year. Mayor Castleberry asked if the Fairgrounds were a draw for people out of the City. Powers replied that it was a large draw for people outside the city. Council Member Perry asked if some of the events at the Fairground had a lease arrangement with the Fair such as the carnivals. Powers replied that the facility was leased for many of the events. Council Member Perry stated that some of the merchants in the area had problems with the Fair as their parking was taken away during the Fair. Powers stated that they had talked with some of the merchants in the area and they decided that the Fair helped with their business. Bobby lo:,es stater! that he had objected to the Fair in the past and the Fair had complied with his complaints. He asked the Council to j approve the variance and give the Fair a chance to work out the problems. He felt compromise was in order. Burl Huckles stated that he was in opposition to the variance as was previously stated. He felt that there might be some room for compromise in the request. 'rho machinery noise was tremendous and • that was possibly worse than the music. He suggested closing the Midway earlier as this was the source of the most noise. Dave Ham stated there were a lot of citizen complaints regarding the Fair and the ordinance should be enforced, it should be enforced by the Fair itself. e Mayor Castleberry stated that if the ordinance was enforced as it • was written, one phone complaint about a high school ball game past 10;00 p.m, closed that game. That was also true of a university game or any other event. That needed to bo kept in mind. • • r 3 ] 2 AvndaNo Apendelt^e1m G? City of Denton City Council Minutes Date August 41 1992 nq 2c? Page 21 Council member Chew stated that he would like the Fair Association and Neighborhood Association work out a compromise and suggested tabling the item. Powers indicated that the problem was that contracts had been signed before the Fair was aware of the ordinance. Council Member Perry asked if the problem was with the amplified music. Powers stated that they had vendors they had signed a contract with and the contract indicated hours of operation. If the variance was not granted, those contracts could not be honored. Council Member Chew stated that if the Fair talked with the neighbors, the hours might be able to be worked out. Powers replied that the Fair needed to know the results of the variance so that they could proceed with the planning of the Fair. Council Member Smith stated that she understood the position of the neighborhood very well. she was impressed with the formation of the neighborhood association. The problem did not begin overnight and it would take a long time to resolve. She felt it was too late to begin working on this problem at this time. She felt communication and working together was the key. Council Member Miller felt that the Fair had operated in good faith for 44 years. He felt that the Fair previously had not known that they were in violation of a city ordinance. The Fair was not just a taker from the community, it was a giver as well. This issue needed to be looked at for the future. He felt the action of the council with the Fry Street Fair situation had aggravated the situation. • Council Member Perry stated that the nuisance aspect of the Fair was an old problem and certainly was not new. The Fair was aware of the problems and he had not heard of any effort on the part of the Fair to help solve those problems. Powers stated that for the past ten years he had worked at the Fair and except for one year, he had not received any complaints at the Fair office. • • Mayor Castleberry felt that it was too late to deny the variance at this point in time. He knew that the Fair Association Board was interested in working with the neighborhood. He would be happy to attend the neighborhood meeting to help facilitate the problems in • O • • AgeodaNo..~ `S~ Agendaltem 73 Date _ 7 fob 2 City of Denton City Council Minutes August 4, 1992 Page 22 the area. Council Member Brock pointed out that she was a member of the Blue Ribbon Committee which supported the Pair. The Fair had grown during the years. There were problems which needed to be solved but which could not be solved tonight. She moved to grant the variance until midnight on Friday and Saturday, until 4100 p.m. on Sunday and until 10t0U p.m. during the week. Council Member Chew seconded the motion. Debra Drayovitoh, City Attorney, stated that there had been discussion regarding the discovery and enforcement of ordinance. It was not a violation to operate t: loudspeaker during the prohibited hours. It would give it credence if the operation of such an amplifier or loudspeaker system would offend, annoy or disturb persons of ordinary sensibilities in the immediate vicinity. Council Member Miller stated that he would vote against the motion as it set a precedent of 10100 p.m. The ordinance already set the limit at 10100 p.m. Council Member Smith asked for a review of the motion and second. Council Member Brock raviewed her motion. Council Member Smith asked Powers if he had contracts which would I extend into those hours. Powers stated that they had commercial vendors contracted past those house along with the rodeo. The Council voted on Brock's motion. On roll vote, Brnck "aye", Miller "nay", smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion failed with a tie vote. • Miller motioned, Smith seconded to grant the variance as requested. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "nay", Perry "nay", and mayor Castleberry "aye". Motion carried with a 4- 2 vote. I 0 ATTACHMENT r 7 2 AgendeNa.__ , City of Denton City Council Minutes Agerd8 mn~~~ June 1, 1993 Page 13 Date._..- 5_- 19C62S 'rhe Council considered Agenda Item ill. 11. The Council considered a request from the North Texas State Fair Association for an exemption :rom the noise ordinance during the North Texas State Fair and Rodeo, August 20-30, 1993. Catherine Tuck, Administrative Assistant, stated that this was a request from James Roden of the North Texas Fair Association for an exemption from the noise ordinance. The dates would be Monday- Thursday, August 23-26 until 11 p.m.; Friday and Saturday, August 20-21 and August 27-28 until midnight; and Sunday, August 22 from 1:00 p.m. - 11100 p.m. and Sunday, August 29 from 8:00 a.m. - 4100 P.m. This was a similar request made last year. There were concerns from the neighborhood regarding the noise. The Police Department was working with the Fair group to discuss security. The Fair Board was willing to meet with the neighbors regarding the event. An ordinance would be brought to Council regarding no parking in the area during the event after it had been finalized in the Legal Department. The proposed ordinance with have a towing provision which was felt to be more effective than straight no parking provisions. Fred Harper spoke regarding the issue. He owned property on Carroll Blvd. which was across from the Fairgrounds and was a member of the Fair Association. He asked for a favorable response to the request. Security was very good at the Feir and updated the ; Council on their on-going provisions to make the Fair safe. This year the Fair would be using the services of Clay Powers, an expert on sound, to assist with the design of the Fair's sound system. Bob Powers stated that he would respond to questions if needed. Gene Truss stated that notice for this meeting was inadequate and that this was the second year in a row that the notice had been inadequate. tie asked Council to postpone ruling on the request • until the neighbors had met with Fair representatives. Last June the neighbors had had a meeting with Fair members and some effort had been made to correct problems. Time was needed to discuss problems and there was the possibility that some members of the Fair Association had differences of options regarding the situations. Change and adaptation needed to occur especially on the noise level. He was confident that activities could be made p for all the community without hampering the neighborhood. Belinda Martin stated that she was concerned about the noise from the Fairgrounds and that a way was needed to eliminate some of the noise. Her children could not sleep due to the noise. she asked Council to not grant the exemption. • 0 4 7 3 Agandal City of Denton City Council Minutes June 1, 1993 Page 14 Jim Griffin stated that he owned a business aoroas thin street from the Fairgrounds. He had no problem with and supported the Fair. Council Member Brock stated that the letter from Mr. Roden asked for permanent relief regarding the noise ordinance. She asked if he was asking for no restrictions or no noise ordinance. Tuck replied that staff was only addressing the other part of the request at this meeting. Council might want to discuss other provisions and direot staff to study those provisions at a later date. Mayor Pro Tom Smith stated that part of the discussion from last year centered around the exemption for 8100 a.m. on Sunday. She asked what events would be going on from 8s00 a.m. - 1:00 p.m. on the last Sunday. Tuck replied it was the goat show. Roden stated that the exemption request was for the use of the public address system to call contestants to the arena, it would not be the outdoor public address system. The request was made as the current ordinance not allow the use of a pubic address system on Sunday. Mayor Pro Tom Smith expressed concerns regarding church services which would be going on during that time. Roden felt that the public address system could not be heard in the church as it was only intended for the barns. Mayor Castleberry stated that this was a similar request from last year. He had attended a neighborhood meeting and saw the willingness of the neighborhood to work with the Fair Association and the Association with the neighbors. He felt that cooperation • would continua. Approving the dates now would allow the Association to work ahoad with the neighbors. Council Member Cott rocommended that the no parking issue be very clear so that there were no misunderstandings regarding parking in the area. • Miller motioned, Cott seconded to approve the request. council Member Perry stated that some of the Fair schedule involved school time. Last year there had been a special request to determine if the Fair could cut down on school nights. Two neighborhoods Affected where there were children were the Parkside • as 4 7 4 Aaenca"° ~ Agendalten Date City of Denton City Council Minutes June 1, 1991 Page 15 area and the immediate neighborhood. There had been an effort on better control on sound. Still the request was for school nights for only a one hour exemption. He did not approve of the extension to 11:00 p.m. on school nights. He might agree to thou extension on the night of the rodeo but nc,t the four nights until midnight as it was it was too much for the neighborhood. Bob Powers stated that the rodeo was over at 10:00 p.m. One night last year it did run late but stopped when it was discovered it was past the time limit. The bands stopped at 11:00 p.m. Last year as soon the Fair received a noise complaint, someone went to that location to check the sound. If the band could be heard, a report was made back to turn down the volume and then the location was checked again. He felt that the Association had done everything it could regarding noise and were trying to answer all of the complaints. Council Member Perry asked about the consultant for the sound system. Powers replied that there was always a problem with an outdoor facility but they would be trying to correct that problem. There would be a different system from last year. Council Member Perry asked if the As•aooiation had recently talked with the neighbors regarding this issue. Powers replied that three weeks ago they had talked with the pastor of the neighboring church. He had indicated no problems with the Fair. 'I Mayor Castleberry asked if the public schools would be it: session { during that time. Tuck responded correct. , • Council Member Cott stated that with the urbanization of Denton, it was wonderful to have a Fair like this. He did not want it pushed out of community. Mayor Pro Tam Smith asked if the Association had contracts with bands to play until midnight. Powers replied yes that some had already been signed. Mayor Pro Tom Smith asked it there were no way on school nights to keep with the 10:00 p.m. provisions. • -7 5 Agentlalte imta, F City of Denton City Council Minutes Z Z 29 June 1, 1993 Page 16 Powers replied that 11:00 p.m. would help their activities. Council Member Cott stated that if too many restrictions were placed on the performers, the Fair would not be able to get quality performers. Council Member Miller stated that the Fair had beon in its location for 45 years. There were other issues which needed to be dealt with including parking and working with the neighborhood group. The Co;jneil had recently passed a resolution dealing with the DFW Airport. Other cities indicated that the resolution should not be passed due to the noise of the airport. The airport wns there and was an economic machine for the area, He felt it was a trade off of one hour a night for the Fair. He felt it was not unreasonable to ask for the exemption. If the Fair orsre faced with this every year, then the community might have to rethink whether to have a Fair. Council Member Perry suggested that Council needed to continue to look at what the Fair was doing and the impact on others around the Fair. He would like to move away frov ha~ring the Fair on school nights and felt that over a period of time the schedule could be worked out. Council Member Cott felt that the Fair needed to be competitive in order to have a quality show. If there were not the right kind of attitude, they would not come to Denton. He felt that the FAir was important to the quality of life for Denton. Council Member Brock stated that last year she had received a noise complaint around 10:30 p.m. on a Sunday night. A very loud band was playing and she went to a location approximately 5 blocks to the northeast. The bass from the music could be heard and made it difficult for the children in the home to sleep. The home had no central air and had to have the windows open, There was a real problem with that band. The music did quit immediately at 11:00 p.m. She appreciated the efforts of the Fair to control parking and the cleanliness of the area. Another problem was the loudspeakers in the arena. She urged the Fair Association to work with the musical groups to make sure the sound would be reasonable and that the loudspeakers were turned off at the appropriate time. The Council did not have a problem with asking for the Junateenth organizers and other groups to make exemption requests on a yearly 0 basis and felt that there would be no problem having the Fair asking once a year for such an exemption. Mayor Castleberry indicated that the Fairgrounds did much for Denton more than just during the Fair. There were many people in 4 7 6 A~endaNo - . AWa Dete City of Denton City Council Minutes June 1, 1993 Page 17 Denton and Denton County who liked the Fair. Noise exemptions were made for the Arts Festival and other events and felt that the Fair request was not unreasonable. The Fair was working with the neighborhood association to resolve problems. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "ayo", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. J3+II 1 I y y } 1l(j~}~~ (j 4 `l 1 O ~ Irk ~ ~TZ~Yt TA~~'•1 ±r~n•iY~ .`L a a r ATTACHMENT ep City of Denton city Council Minutes AgeptlaNo August 2, 1994 AgendaHe7m Page 7 ?1Ect f 261 3. Citizen Requests A. The Council considered a request for an exception from the noise ordinance for the North Texas State Fair and Rodeo, August 19 - 28, 1994, at the North Texas Fairgrounds. Joseph Portugal, Assistant to the City Manager, stated that James Roden had requested an exception for the North Texas State Fair and Rodeo from August 19-28. The exception was requested for August 22-25 until 11:00 p.m.; August 19, 20, 26, and 27 until midnight; August 21 from 1:00 p.m. to 11:00 p.m and August 28 from 8:00 a.m. to 4:00 p.m. These dates were approximately the same as what was approved last year. Last year, residents of the area had asked for a temporary no parking zone during the event which was approved by council. This year, staff initiated the procedure for the temporary no parking zone. The Traffic Safety Commission approved the request last evening and this item was on the agenda for later Council consideration. Council Member Chew asked about church services in area on Sunday with an exception from 8:00 a.m. to 4:00 p.m. Bob Powers, Fair Association, stated that on Sunday the only event was the dairy goat show with no music. Council Member Chew asked about the first Sunday when the exception was for 1:00 P.M. to 11:00 p.m. Powers stated that bands would be performing during the evening but riot during the day. There had never been a problem with the churches in the past. Council Member Chew stated that there had been some opposition from the area pastors in the past. Belinda Martin expressed concern for the variance exception. She had three small children and the noise from the Fair and other events held at the Fairgrounds had affected her family and woke up her children. Several events had occurred at the Fairgrounds without any exceptions granted for some of the events. The Fair would take place during the second week of school. There were also on-going problems as trash, loitering in the neighborhoods, and ® trespassing on private property. ~ O Council Member Perry asked about loud music without a variance. Powers stated that one event toc;k place without a variance. The individuals with the event thought that they did not need a 4 p • a • r AgerVaNo -023 City of Denton City Council Minutes August 2, 1994 G "D Page 8 variance as it came with the rental of the grounds. They were told that that was incorrect. He felt that perhaps they would have to put into their contract that a noise variance was the responsibility of the renter of the grounds. Council Member Perry asked if Powers was aware of an event without a variance. Powers stated that he was aware of only one event. The Falr respected the neighborhood. As soon as the bands started at the Fair, he drove the area streets in his car to check the noise levels. He stood outside his vehicle to determine the noise level and if it was too loud, he went back and had the volume reduced. He did that every hour during the performance of the bands. Cott motioned, Miller seconded to grant the variance. Council Member Perry felt that events at the Fairgrounds impacted and impi;rjed the neighborhoods. He knew that the event could take place without loud music, etc. Mayor Pro Tbm Brock stated that she received calls last year from area residents regarding the noise. The volume at the entrance to the Fairgrounds might not be too bad but further away the volume would be much louder. Mayor Castleberry stated that he also drove the streets during the Fair and felt that this event was similar to other events in Denton such as the Arts Festival and Cinco de Mayo which all had loud noises. Council Member Miller: stated that the Council granted variances for many other events similar to the Fair. He respected the concerns of Ms. Martin. Another area resident had expressed to him that the noise level was acceptable. This individual had expressed concern A regarding the past behavior of persons going to and from the Fair, f Those behaviors had improved during the years with increased police participation and Fair official participation. The Fair had changed its public address system and had tried to work with the neighborhood. Mayor Pro Tom Brock stated that while the Council granted variances A for the Arts Festival it was only a once a year event plus it ended at 8:00 p.m. and not late at night. She was concerned about the • A ending time of 11:00 p.m. on a Sunday night at the beginning of the school year. The Fair could function if it closed at 9:00 p.m. instead of 11:00 p.m. e o • as ,gendaNa. tote City of Denton City Council Minutes tv August 2, 1994 -O Page 9 Council Member Perry stated that it was automatically assumed that the granting of a variance was a license to exceed the bounds of what was responsible. He agreed that the Monday through Thursday times could be moved back without any damage to the Fair. Council Member Smith stated that the proposed closing time for August 22-25 was 11:00 p.m. each night which was all during school. She felt it was hard for children to go to school if they were up until 11:00 p.m. She also wondered whether the area became quiet after 11:00 p.m. as people were still leaving and moving out of the Fairgrounds. Rowers replied that there was some noise but once the band stopped, most individuals were out of the fairgrounds after 10-15 minutes. There probably was some noise but not much. The Fair officials drove the streets at least once an hour to determine the noise level. Mayor Castleberry stated that he lived close to the Arts Festival and when it was on, he could hear it as though he was at the event. He knew that this was an annual event and he could tolerate it during that day. Other residents on Denison Street had indicated that they were in favor of the Fair. Council Member Cott asked for the penalty for a violation of the variance. City Attorney Drayovitch stated that a violation of the noise ordinance was a Class C misdemeanor with a fine from $30-$500 plus associated court costs. Council Member Cott stated that he was willing to withdraw his motion if the Fair Association would reconsider the proposed hours. Mayor Castleberry felt that the time frame was too short to • consider it at the next Council meeting. On roll vote, Brock "nay", Cott, "aye", Y.ller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor C„stleberry "ay,~". Motion failed with a 4-3 vote. Mayor Castleberry asked how the vote would affect the Fair. • Powers stated that they would have to cancel part of the Fair • • contracts with the bands. They had had the variance for several years and assumed that they would have been granted it again this year. On that basis, they went ahead and contracted with the bands and the entertainment. • • t-~~ ~S -023 qendaNo City of Denton City Council Minutes August 2, 1994 Date 9S Page 10 20~ Council Member Smith stated that the Council and the Fair Association had this same discussion last year, had talked about the fact that the bands were already hired and on that basis approved the variance. That did not seem to influence the planning of this year's function and that the council preferred to not have the event go so late during school nights. Powers agreed that they had discussed the issue and assumed that the variance would be approved this year, especially since it had not been discussed any time during the year. They had proceeded as they had done in the past. They always watch the noise during the Fair. He requested that the Council grant the exception this year and as soon as the Fair was over, they would meet with staff and the neighbors to work out the issues. Council Member Miler suggested that a requirement be made that an organization appear before Council a certain number of months prior to an event to work out all details. Up until three years ago the Fair did not receive a variance and he urged the Council to reconsider the request for this year and lay the ground rules for the following years. Council Member Perry stated that the back-up materials indicated that at the same time last year, he had specifically requested the Fair to look far ahead to this occasion and try to make plans more in line with neighborhood. He had also tried to set up a mediator to work through the details. He had been told that the Fair Association was not interested in any kind of mediation. Powers stated that last year the Fair spent $5000 on a sound system to help with the noise of the rodeo. If the Council approved the j variance for this year, as soon as possible after the Fair they would meet with the City to deal with the issues for the following j year. • Mayor Castleberry stated that many volunteers worked with the Fair, and they had to ask for variance each year. He vas sorry the Fair had to go titraugh this every year. He appreciated all the Fair did and felt it was sad that they had to come each time for this variance. The vote had been taken unless someone asked for a reconsideration. • 4 • • "~d`m--.... 452 )a~P - `-pRryS.._ . CITY OF DENTON CITY COUNCIL MINUTES ~6 p August d, 1994 The Council convened into a Special Called Session on Tuesday, August 9, 1994 at 4:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 1. The Council considered a request for an exception from the noise ordinance for the North Texas State Fair and Rodeo, August -29, 1994, at the North Texas Fairgrounds. Jose, 11i Portugal, Assistant to the City Manager, stated that this request war, a reconsideration of a prior request from the last Council meeting. The changed hours were August 22-25 until 10:30 p.m.; Sunday, August 21 until 10:00 p.m. and Sunday, August 28 from 1:00 p.m. until 4:00 p.m. Council Member Miller stated that the exception on Sunday, August 21 would be from 1:00 p.m.-10:00 p.m. Portugal replied correct. Belinda Martin stated opposition to the request. She did not feel it was fair to allow the Fair to go until 10:30 p.m. as the Fair went longer than that period of time. She knew the Fair was located near her home when she bought it but the events were not every day or every weekend. She asked that the Council consider the neighbors and not grant the 10:30 exception. Bob Powers stated that the Board had altered the hours of the request and asked the Council to approve the request. Miller motioned, Brock seconded to approve the request. Council Member Perry stated that he had, on a number of occasions, called attentic n to the intrusion of noise into the area homes • which was an ir;t,:usion to a basic constitutional right. He had not changed his mind from the prior meeting regarding the exception. He appreciated the attempt by the Fair to correct some of the problems and anticipated working in the future with the Fair Board to furth.r correct those problems. It was felt that something could be done regarding the weekly events at the Fair and the noise which they produced, • council Member Smith appreciated the action of the Fair by altering • • their request. She felt that cooperation was the key to the solving of the problems. She felt that the Fair Board was seriously interested in cooperating with the community, neighborhood, and future councils, She hoped that everyone could • 0 , _ w • AQandaNo Agandaltem City of Denton City Council Minutes Date August 9, 1994~90~2~ . Page 2 work together to reach a solution to the problem. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "nay", and Mayor Castleberry "aye", Motion carried with a 5- 1 vote. i i • 1 s a CITY COUNCIL I a a r • + Nro c 0 ~ 0 c t ~ ~~~C ~ • O OG 8) Ape" 9S " 10$/11 OffY of DENTON, TEXAS MUNICIPAL BUILDING # 216 E MCKINNEY @ DENTON, TEXAS 7020f (817) 6668200 # DFW ME f'PO 434.2629 MEMORANDUM DATE; June 30, 1996 'r0: Honorable Mayor and Members of City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: ORDINANCE APPROVING DELINQUENT TAX COLLECTION FIRM Per Council direction on June 20, 1996, notification was sent to the city's current delinquent tax collection attorneys McCreary, Veselka, Bragg & Allen, and Hayes, Coffey & Berry to extend their contract until July 61h. The above firma accepted the extension (see attached) and agreed not to collect any 1994 delinquent taxes until a new contract could be approved by Council. Attached please find a copy of an ordinance and contract to hire the law firm of McCreary, Veselka, Bragg & Allen, and Hayes, Coffey & Berry, to collect the City's delinquent taxes. This contract has been reviewed and approved by the City's attorney and the McCreary and b ayes firms. Upon approval of this contract, the City will turn over delinquent 1994 taxes on July 6, 1996 for collection. r If you have any questions, please advise. JF;af Allechi enl AFFOOESA "Dedicated to Quality Service" s ~ t Ir'. i t 4r 1 ~A ti .y of t • 1 pr ' ~ th1 tr' 't. f • • r -023 1. zc~lu WTY Of WNTONj TEXAS MUNICIPAL BUILDING 215 E, MCKINNEY o DENTON, TEXAS 76201 (8 i7) 566.8200 o DFW METRO 434.2528 June 26, 1995 McCreary, Veselka, Bragg and Allen, P. C. & Hayes, Coffey & Berry P. C. 5929 Balcones Drive, P. O. Box 26990 Aust-..1, Texas, 78755 Re: Extension of the Contract For The Collection Of Delinquent Property Taxes dated June 23, 1993 ("Contract") Dear Mr. Bragg and Mr. Hayes: The above referenced Contract between the City of Denton ("City") and McCreary, Veselka, Bragg and Allen, P. C. and Hayes, Coffey & Berry, P. C. ("Firm") terminates on June 30, 1995. In order to provide for tax collection services prior to the execution of a new contract for the collection of delinquent property taxes, the City proposes the following: 1. The Contract shall be extended and continue in full force and effect to July 5, 1995. 2. Tha Contract shall terminate on July 5, 1995 without further notice by City to Firm. 3. Firm shall not enforce by suit or otherwise the collection of taxes that become delinquent during 1995 that are not delinquent for any prior year. If this extension is acceptable to Firm, I have provided space below to indicate your acceptance of the extension subject to Vie terms set forth above. • Sinc rely, c~1 Jon Fortu e Ch of Fi.n~ e Officer McCreary, Veselka, Bragg and Hayes, Coffey & Berry, P,C. Allen, P.C. • • BY: By, WPF:tr 1:\vPd0ce\k\tsxaxtf.rpd "Dedicated to Quality Service" • • A, \TAX.0 ~c~ I IJ 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 EPPACTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the Mayor is authorized to execute a professional services contract for the collection of delinquent taxes with McCreary, Veselka, Bragg and Allen, P.C, 'and Hayes, Coffey and Berry, P.C., a copy of which is attached hereto and incorporated with reference herein. SECTION II. That the Mayor is authorized to expend funds for the above referenced professional services to the firm of McCreary, Veselka, Bragg and Allen, P.C. and Hayes, Coffey and Berry, P.C, SECTION III, That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of - , 1955. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; j HERBERT L. PROUTY, CITY ATTORNEY i • BY 1 lhJ ['60 N LJ • 0 . apendeNo ICI TABLE OF CONTENTS Section paves 1. EMPLOYMENT OF FIRM I II. PROVISION OF INFORMATION 1 IT.I. INVESTIGATION AND ASSISTANCE 1 IV. PROCEDURES FOR COLLECTION 2 V, REVIEW AND AUTHORIZATION TO SUE 2 V1, LITTGATION RESPONSIBILITIES 2 VII, TAXPAYER SERVICES 3 VIII. PROGRESS REPORTS 3 IX. COMPENSATION 4 X. COLLECTION OF OTHER DELINQUENT AC:OUNTS 4 XI. C10NFLICTS OF INTEREST 4 XI1. USE OF MUNICIPAL FACILITIES 5 XIIi. TERM 5 XIV. ATTORNEY'S FEES 5 XV. TAX WARRANTS 5 XVI. SETTLrMENTS 6 XVII, NOTICE 6 XVIII. COLLECTION REQUIREMEN'T'S 6 XIX. VENUE 6 XX. ACCEPTANCE OF EMPLOYMENT 7 XXI. DIRECTIVES 7 XXII. COVENANT NOT TO SUE 7 XXITI. AMBIGUITY 7 XXIV. ASSIGNMENT 7 VXV. INDEMNITY AND INSURANCE 7 XXVI. EXHIBITS 8 XXVII. TIME OF THE ESSENCE 8 XXVIII. CAPTIONS g • • Agendaftar~ S . Date ~ S~IJf CONTRACT FOR THE COLLECTION OF =oINOVENT PROPERTY TAXER THE STATE OF TEXAS § Q COUNTY OF DENTON § THIS CONTRACT is made and entered into by and betwoen the City of Denton, 215 E. McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its governing body, and McCreary, Veselka, Bragg and Allen, P.C. and Hayes, Coffey and Berry, P.C. ("FIRM") 1. EMPLOYMENT OF FIRM CITY agrees to employ and does hereby employ FIRM to enforce by suit or otherwise the collection of all delinquent taxes, pen- alty and interest owing to 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 Con- tract, that are not delinquent for any prior years, become subject to the terms of this Contract on duly 1st of the year in which they become delinquent. B. Taxes that become delinquent during the term of this Con- tract on property that is delinquent for prior years shall become subject to its terms ore 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 let of the year in which they become delinquent. CITY shall not owe FIRM a fee on the current year delinquent per- sonal property taxes collected between March let and June 30th unless attorney's fees are collected pursuant to Section 33.48 of the Texas Property Tax Code II. PROVISION OF INFORMATION • CITY agrees to furnish all necessary delinquent tax informa- tion to FIRM on all property within the boundaries of CITY. III. INVESTIGATION AND ASSISTANCE FIRM agrees to conduct investigations as to the address of ® each taxpayer and the location of the property where such informa- • • tiov 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. • • OWINo. Agendalterrt~ ~ C°. Date FIRM further agrees 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 computer readable form, FIRM agrees to initiate procedures for the ccllection 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 notice of delinquency to each and every delinquent taxpayer where the taxes have not been 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 SUS Following transmittal of the notice of delinquency as specified hereinabove, FIRM will commence procedures in anticipa- tion of litigation 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 shal.l, constitute authorization to file suit following the mailing of the initial notice of delinquency. Upon written notice, CITY may at any time withdraw authorization to file suit. CITY may at any time withdraw authorization to forecloee 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 that FIRM deems to warrant or on which CITY has specifically requested action in writing. Each suit filed shall seek: personal • judgment, against the individual taxpayer(s) for all taxes for which the taxpayer can be held personally liable, penalty and interest] foreclosure of any tax lien which may exist by operation of law] anti any and all court costs incurred in prosecuting the lawsuit, and any collection fees or attorney's fees which the taxpayer is obligated to pay. FIRM shall perform litigation responsibilities and protect CITY's legal. remedies including appeals, preparation of A any documents required, post-judgment activities, and any other actions necessary in order to collect the delinquent taxes. • • fl. 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 tax lien including, but not limited to bankruptcy litigation, claims and actions requir.od to be PAGE 2 • w • lgend8N4 a S enda~~~ AgDate filed with federal agencies such as FDIC, FSLIC and RTC, interven- tions in suits filed on behalf of any other taxing unit's current suits, and any other suit or litigation which may involve or relate to the collection of delinquent taxes. FIRM will inform CITY of any counterclaims or cross-actions filed against CITY. VII. TAXPAYER SERVICES 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 respond to taxpayer inquiries and to advise CITY, in writing, or, and make any recommendations con- cerning installment payment agreements and settlement agreements proposed by the taxpayer. CITY shall have final determination in acceptance of all installment payments or settlement agreements within parameters established by CITY. FIRM shall have discretion to enter into installment agreements subject to CITY's prerogative of final determination. In all demand letters and all communica- tions with taxpayers, FIRM shall inform and instruct the taxpayer to remit its payment to CITY. If remittance is received by FIRM, it must be transmitted in its entirety to CITY and received for processing by 11:30 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. PROGRESS REPORTS FIRM agrees to make delinquent tax collection progress reports to CITY monthly and quarterly, in a :ormat containing information as requested by CITY's Executive Director of Finance. Progress reports may include, with.)ut limitation; 1. First demand letters mailed; 2. Number and value of suits filedl 3. Number and value of suits dismissed a. due to collection, b. other - specify reason; • d. Number and value of judgments entered; 5. Number and value of bankruptcies filed; 6. Copies of judgments; 7. Copies of proof of claims filed in bankruptcy court; 81 Copies of Foreclosure Sale Deeds; and 9. Number and value of delinquent accounts not col- lected as a percentage of total delinquent accounts provided by CITY for collection. • • 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 he accomplished, or further PAGE 3 • Y %gWaNo, : C Agwalt pate attempts at tax collection would be futile and FIRM's recommenda- tion relative to the proper disposition of the case; In such cases, the CITY shall advise FIRM as to the appropriate disposition of the account. IX. COMPENSATION A. As compensation for the cervices 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 set 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 (15k) collection fee will only be paid on taxes which remain delinquent after July 1 of the year on which they became delin- quent, pursuant to the Property Tax Code 933.07. Said collection fee will only be paid to FIRM after it has been received by CITY from taxpayer or from forced sales. FIRM shall not be entitled to the aforesaid fifteen percent (15%) unless and until FIRM has taken some action in connection with recovering delinquent taxes. The transmittal of a notice of delinquency 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 autho--i2ed by Property Tax Code 933.07 and upon which suit has been filed, the compensation shall be reasonable attorn- ey's fees approved by the court and not exceeding fifteen percent (15%) of the total amount of taxes, penalties and interest due CITY. In no event shall FIRM be entitled to any fee unless and until CITY actually collects the delinquent taxes, penalty, interest, court coats or collection costs or attorney's fees from the taxpayer or from the proceeds of a forced sale or foreclosure. { in no event shall FIRM be entitled to any fee unless said fee is collected by CITY during the term of this Contract or fee is collected by CITY on account(s) upon which FIRM is attorney of record at the time of judgment. CITY shall pay said fees to FIRM by check monthly. No interest shall be accrued on any lato payment. A B. The compensation hereinabove set forth and in paragraph XI below shall be the total compensation due from CITY to FIRM for all services provided pursuant to this contract and in no event shall FIRM seek any additional compensation from CITY. X. COLLECTION OF OTHER DELINQUENT ACCOUNTS A FIRM shall, upon written request of City, undertake the • collection of delinquent accounts for paving asseskiment liens, substandard housing demolition liens, and weed liens. The collection of these accounts shall be undertaken on the basis of attorney's fees assessed to and collected from the debtors. CITY agreee to pay FIRM, as compensation, all amounts received as PAGE 4 • • A AWaft e7 _ Apendalt C- Date =-____-g.~_ q. 11) attorney' s fees on delinquent accounts for peeing assessment liens, substandard housing demo!iLion liens, and weed liens- which are collected during the tear this Contract as a result of FIRM's collection efforts. XI. CONFLICTS OF 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 a - 'texas Government Code) for the duration of this Contract. XII. USE OF MUNICIPAL FACILITIES 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 access upon request by FIRM. FIRM agrees to pay CITY for use of the working area, its computer terminal, computer tapes, and tax file access. The payment by FIRM for the above stated support services shall be in the amount of Three Hundred Seventy-five Dollars ($375.00) each month. XIIZ. TERM This Contract shall have a term of two (2) years, beginning on July 1, 1995, and ending on June 30, 1997. Should CITY.give writ- ten notice to 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 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 fees earned due to • these suits during 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, FIRM shall be entitled to receive and retain all compensation due up to the date of said termination. Upor, termination, FIRM shall immediately deliver all. files in their entirety to CITY at no cost to CITY. b • • XIV. ATTORNEY'S FEES Subject to the same limitations set forth in paragraph X, in bankruptcy, eminent domain and other judicial proceedings, FIRM will be entitled to only those attorney's fees awarded by the court and then only if collected by CITY. FIRM agrees to file and PAGE 5 A oa A y apenGaN~~~s Agend2lt iac,ul 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 WARRANTS 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 seized to insure the necessary procedures have been followed. XVI. SETTLEMENTS No settlements or compromises of taxes, penalty or interest shall be effected where prohibited by law and where authorized by law, only upon approval by CITY. If a taxpayer requested waiver is upheld as provided by §33.011 of the Tax Code, FIRM 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 or other written instrument required or permitted to be delivered pursuant to the terms of this Contract shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt- requested, addressed to CITY or FIRM, as the case may be, at the following addresses: CITY FIRM City of Denton, Texas McCreary, Veaelka, Bragg & ATTN: City Manager Allen, P. C. 215 F. McKinney P. 0. Box 26990 Denton, TX 76201 Austin, TX 78755-0990 Mayes, Coffey & Berry, P.C. P. O. Box 50149 Denton, TX 76206 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified snail, return receipt requested. 6 XVIII. COLLECTION REQUIREMENTS • A FIRM agrees to collect, between July 1; 1995 and Jane 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. FIRM agrees to collect, between July 1, 1996 and June 30, 1997, not less than sixty percent (60*) of the total dollar value of the base PAOS 6 2.1 f • • gadaNo 4gendalter~ . Date_ "7-5- 95_ 1fc6fi/ tax of the 1995 delinquency existing on July 1, 1996. If FIRM does not collect the above referenced amount each year, iL shall provide CITY with legal services, programming and computer services, or data processing equipment with a value not less than Seven 'T'housand Five Hundred Dollars ($7,500.00) 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. VENUE The terms, obligations and requirements of this contract 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 this Contract shall be tried in a court of competent jurisdiction e:tting in Denton County, Texas. XX. ACCEPTANCE OF EMPLOYMENT 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. XXI. DIRECTIVES All directives between FIRM and CITY shall be confirmed in writing. XXII. COVENANT NOT TO SUE FIRM further agrees not to bring any cause of action against CITY relative to this contract. Should F7AM bring any cause of action against CITY, FIRM agrees the liquidated damages shall not exceed $1.00 and the filing of such cause of action shall be considered a material breach of this Contract. XXIII. AMBIGUITY • Any ambiguity within this Contract shall be liberally interpreted in favor of CITY. XXIV. ASSIGNMENT The rights and responsibilities of CITY under this Contract t?ay be assigned by the City Council to another governmental unit in • Denton county without approval of FIRM. It is understood and agreed that this is a professional services contract and CITY is • • contracting for the unique services of FIRM. FIRM's rights and responsibilities under this Contract may not be assigned by FIRM to another law firm or collection agency without written approval of the assignment by the City Council. PAGE 7 • 4 • r ~genda~o 5_ . ggendaltem 5 Date XXV. INDEMNITY FIRM shall and does hereby agree to indemnify and hold 1 harmless the CITY, its officers and employees, from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioneu by any error, omission or 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 FIRM will, at its cost and expense, defend and protect the CITY against any and all such claims and demands. I XXVI. EXHIBITS RFP #1759 attached hereto as Exhibit "A" and the McCreary, Veselka, Bragg & Allen, P.C. and Hayes, Coffey & Berry, P.C. proposal attached hereto as Exhibit "B" are incorporated herein as if set forth at length and made a part hereof. The provisions of Exhibit "A" and Exhibit "B" shall set forth obligations and duties of the FIRM to toe extent that they do not conflict with other provisions set forth in this Contract, which contractual provisions shall control. XXVII, TINE OF THE ESSENCE Time is of the essence with respect to all matters covereO by this Contract. XXVIII. CAPTIONS The captions 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 officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes and by a partner, of FIRM who, by execution of this • Contract, represents and warrants that he or she has the authority to execute this document: on behalf of FIRM. WITNESS the signature of all parties hereto in triplicate originals this the day of 1995, Denton County, Texas, • CITY OF DENTON, TEXAS • Q BOB CASTLEBERRY, MAYOR PAGE 8 • Q VJ 1 ~ Jlt1.' 31' 95(TUE) 0908 NAYESCOFFEMBRY TELA8173873518 P.002 gedaNa.- lgendalS S . ?ate .13 ~ 11 I AT' Z$T r JMNIFBR WALTERS, CITY SECRETARY pY, APPROVED AS TO LAGAi+ FORM, AERSERT L. PROU~(TY, pC7i'~'--Y ATTORNgy BYl 1 )...4: , 1 l_ L Y f1~C MCCRRARY, VEBRLXA, BRA00 a ALLRN, P.C. AXi Gilbert To art NCOVARY, V8S1M i . ALLM0 P.C. 5999 stlcennee Drive P. O. Box 26990 AUOtin, TX 78786-0990 HAYYS, C~OFFEY It BERRY, P.C. lbyl: char 0. ai HAYE8, COPM & DERRY, PIC. 1710 MletMinater P. 0. Box 96149 Denton, TX 76906 1 1 r, ~nn,a~tx R~1x Me 9 ` , Ilk yy w 1y r • ae f - MCCREARY, VESELKA, BRAGG & ALLEN, P.C. EXHIBIT A ATTORNEYS AT LAW P.0 aa270549" AVSnN, i~lpndaNo._ May 16, 1995 lgendalSems q~ ` Mr Tom D. Shaw, C,P.M, Purchasing Agent City of Denton Purchasing Department 901-B Texas Street Denton, Texas 76201 Re: Request for Proposal For Services of Delinquent Tax Attorney, RFSP Number 1759 Dear Mr. Shaw: Thank you for your Request for Proposal For Services of Delinquent Tax Attorney. Pursuant to your request, McCreary, Veselka, Bragg & Allen, P.C., is pleased to submit this Proposal and Proposed Contract to the City ofDenton,jointlywith theDenton Firm ofHayes, Coffey,andBerry, P.C. Webelieve that thejoining of the two law firms for the purpose of representing 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 firm has enabled the city to collect taxes in an efficient and productive manner. The information following this letter is a detailed description of our delinquent property tax collection program. The McCreary Firm has represented taxing jurisdictions in Denton County since 1979. The McCreary Firm and the Hayes Finn have jointly represented the Cityof Denton since 1993. The program presented in this Proposal is fully implemented and has proven to be very successful, Accordingly, we are 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 cri teria 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 R.FSP. 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 Souk forward to the continuation of this successful program. Sincere y, e rGilbert T. Bragg Richard D. Hayes, President • • MCCr ' .,,RY, VESELKA, GG & ALLEN, P.C. HAYES, COFFEY & BERRY, P.C. Denton Branch Office 1710 Westminster Denton, Texas 74206 us Alm -pW~~ryn~W.0 qt -}~Y~1jn - , I 111 , IIIIIII, 1~f1 1 f1~ 1 11 1 iM~ I IfN M 1 #,4y 1~,~1 7 t, Mwe I _ f o I, , ~ Aptdaltent date.. TABLE OF CONTENTS . (Page Number) 1. EXECUTIVE SUMMARY 6 A. Response to Invitation for Proposal 9 11. DELINQUENT TAX COLLECTION PROGRAM A. Colleclion Notices and Letters 11 B. Address and Title Research 13 C. Litigation 15 I). Filing and Prosecuting Lawsuits to Judgment 16 E. Collectior of Judgments by Execution and Sale 18 F Bankruptcy collections and federal agencies 19 0. Tax Warrants 21 H. Installment Payment Agreements 22 1. Communications and Reporting Capabilitics 23 1. Data Processing Support 30 K. Data Processing Resources 33 III. PROFILE OF THE LAW FIRM A. History of the Firm 37 B. Summary of Appellate Court Decisions 38 C. Profile of Partn^N: MVBA 44 D. Profile of the Attoa,ays and Key Staff. MVBA 46 E, Profile of Partners: HCB 50 0 F. Profile of the Attorneys and Key Staff. HCB 51 1 IV. CLIENT REFERENCES J A. Client Reli rencec: MVBA 53 0 B. Client Rel'erences: HCB 55 McCreary, 1'eselks, Bran & Allen In assoc:IrlaR With llaym Coffey & Berry, P.C. 4 N. • w agenda Na,~S~~.. (Page Number), 111 V. RELATED ISSUES A. Compensation of the Law Firm 56 8. Public Relations 57 C. Interventions 57 D. llisposition of Existing Litigation 58 E. Representation in all Property Tax Matters 58 F. Equal Employment Opportunity 59 0. Financial Strength 60 VI. EXHIBITS 1, Detail Letter 2. Demand Letter 3. New Owner Letter 4. Lienholder letter 5, Defaulted Payout Letter 6. Five Year Notification Letter 7. Petition and Citation 8. Notice ^f Trial Letter 9. Judgt nt and Abstract of Judgment 10. Notice of Intent to Sell Property Letter H. Viewpoint 12, Opinion Letter 13. Complete Client List 14. Proposed Conttact • p a McCreary, Veselka, Braa k Alka Jn easoet *X wN6 Hayes, Cofhy & Berry. P.^, " • Q s, " 5i~ a ~"'tTf,44~tyr~`,! nif • • A AglmdaNa Agandaitenti~~•-G.._ City of Denton Page Chart RFSP Item Proposal Page RFSP Cover Getter: 1) A statement of Firm'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, 56-58, Exhibit 14 4) Suggested performance criteria 56 Lady Firm wok 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 0 0 McCreary, Vesellu, Br&U 4 Allen In allsoclodon with Haym Coffey & Berry, P,C. 3 • • e a 23 Agendal 10) Follow through on all suits, installment agreements 16-18,22 alb 11) Provide legal support and research as needed 13-14 12) Only collect those groups or individual accounts which the City of Denton determines in its descretion are to be collected by the firm 23 13) Provide all supplies and postage 11 14) Obtain the ownership records of all property on which a suit is filed 14 15) Provide total and complete delinquent tax collection Exhibit 14 16) Propose a method of assuring that the amount of delinquent taxes collected will be equivalent to the amount poojected to be collected by in-house staff 56 17) Propose a method of payment Exhibit 14 18) Fees prusuant to Sec. 33.07 of Property Tax Code 56 19) Provide infunnalionconcerningminority involvment 59 1 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 rate of sixty (60%) percent of delinquent tax base 56 24) Delinquent mobile home and business personal property accounts 56 McCreary, Vewlks, Bryn A Allen rn swelarlen wlt6 HAyes, Coffey k Berry, P.C. 4 ell • a • ' • i'?y ,eN/,'l{I~~N1~t ilk.' eer+da~o. a5-OZ3 Criteria for selecting Firm: tl~el ate- l) An established law firm whose principal business is the I 11 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 6-6,53-55, Exhibit 13 3) Law firm has to show capability to staff an tperation sufficient to process up to 25,000 delinque: it accounts annually 30-36 4) Firm will have, or will establish, a Denton office by date delinquent accounts are turned over and will provide a 1.800 number, or other toll-free service, to main office ifnecessary. 6-8 I i • J McCreary, Veulks, Brae dr Allea lot atwim n wkk Hayes, Coffey & Berry, P.C. 5 n 3 [Rd v 5 ~ r SPg L s~ F 3 > r' • ' csa q - - - g5;o2s 4geMahlv 1. EXECUTIVE SUMMARY C6 !ll The Law Firm of McCreary, Veselka, Bragg & Allen, P.C., joins with the Law Firm of Hayes, Coffey & Berry, P.C. in presenting this proposal for the collection of delinquent property taxes to the City of Denton. The success of any effective delinquent tax collection 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 the joining 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. This is evidenced by our high level of collection, McCreary, Veselka, Bragg A, Allen (MVBA) has represented taxing authorities in Texas in the collection ofdelinquentproperty taxes ant:currently represents overthree hundred fifty taxing units. We have represented taxing jurisdictions in Denton County since 1979. Our Denton County clients and the period of time we have represented them are as follows: City of Donlon since 1993 County of Donlon since 1985 City of Argyle since 1989 Argyle Independent School District since 1979 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 Pilot Point since 1993 Pilot Point Independent School District since 1986 City of Pond., since 1984 Ponder Independent School District since 1982 City of Sanger since 1983 Sanger Independent School District since 1980 We areaware of the professional and responsible approach that is necessary to ostabiish and maintain a successful collection program. During MVBA's years of representing taxing units in delinquent property tax 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 with taxpayer8, - McCreary, Veselks. Bran & Allen In assocladon with Hayes, Coffey & Berry, P.C. 6 • c► • endaNo Agenda* Date_ The Denton office of MVBA is located at 300 E. McKinney Street, Suite B, Denton, Texas 76201. McCreary, Veselka, Bragg & Allen has an experienced and knowledgeable staff.' Biographical information for the partners, atturneys, and key professional staff members of MVBA who will be working for the City are included in Section Ill of this proposal. The names and job description of the Denton office staff are listed below; , Gilbert T Bragg, a partner in the Firm, is the managing Attorney for the program. I-Ie has been a member of the Firm since 1978. 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. She was an abstractor for Lawyers Title of Denton from 1984.1987. She joined our staff in 1987. Leigh Ann Vassey is a Legal Assistant specializing in title research. She worked in the office of Denton County Clerk from 1992.1994. She joined our staff in 1994. Pshyara Pegues is the Denton Office Secretary. She joined our staff in 1994. Karen McGee provides clerical support. She joined our staff in 1994. "isle research is also conducted by independent contractors hired by our firm. The Denton staff is expanded from time to time as is necessary to maintain the excellent level of service to our clients in Denton County. In the event additional staff is hired, we will comply with our custom of equal opportunity employment. Roy Armstrong, an attomey 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 cases. • Michael Reed, an attorney in our Austin Office, represents the City of Denton in all bankruptcy proceedings. Mr, Reed's responsib:;iiieswill include every phase of bankruptcy law and procedures including supervising claims filing, reviewing plans of reorganization, negotiating with debtors, trustees and competing creditors, attending hearings in the Bankruptcy Court and aggressively litigating the legal position of the City. JJ I McCreory, VeKlka, Brea k Allen - IN essocfctiorr with Hoyes, Coffey & tkrry, P,C, 7 • - ra • ar Apetldel G' Date_ 2 The law firm of Hayes, Coffey do Berry, P.C. (HCB), is located at 1710 Westminster, ~l( P. O. Box 50149, Denton, Texas 76206. Dan C. Coffey is the partner in change of the. government section. Byron R. Berry is the partner in charge of accounting and personae!, Richard D. Hayes is the partner in charge of litigation, and Jeffrey Wllholt 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 do Berry, P.C. has expertise in representing local governmental entities, HCB has provided legal representation to the following: City of Denton, Texas County of Denton, Texas *City of Oak Point, Texas City of Corinth, Texas *City of Argyle, Texas *City of Aubrey, Texas *Town of Ponder, Texas City of 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 1 *Sanger Independent School District *Mental Health, Mental Retardation of Denton County (*curreedy legal coussel) The strong local presence of HCB In Denton coupled with the delinquent tax collection exporience of MBA has enabled the City of Denton to enhance its delinquent tax collections. • McCreary, Veselka, Brap & Allea IN aamckdnrr wkk Hayes. Coffey & Berry, P.C. 8 gt. V f ) r f .-v [y~411~~~ l )i(' 4.VI ff1 ,a f li.a~'i,l if i~/1; ' A 4s;~t$ 10 t r • 1-- t► • soda o _ ~ . Agendalte Orate 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 County since 1979. When the City of Denton selected the Firms of McCreary, Veselka, Bragg & Alkn, Pt C. and Hayes, Coffey A Berry, AC to represent the City in 1993, 'his program was expanded to include the Cltyof Dentou. The 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 those procedures to collect the delinquent taxes owed to the City without interruption. Ourphi losophy is predicated on the premise that 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. i • , McCreary, Vew" Bran k Ali" In umdaba w" Hrym Cofky & berry, P.C. 9 • m • Agendakt Date _ Collection Procedures Phase I Phase If Phase III Taxpayer NotMcation Title Research Lltbation Mail Delinquent Title and File Ownership Tax Suit Tax Notices Research Address New Owner Judgment Research Letter Demand Lienkolder Sheriff's Sale Letter Letter of Property Taxes Taxes Taxes • Paid Paid Paid • McCreary, Veselka, Bragg & Allen, P.C. r ' « y • • ~ gand a lteni,----~-~----- II. DELINQUENT TAX COLLECTION PROGRAM A. COLLECTION NOTICES AND LETTERS TAXPAYER NOTIFICATION McCreary, Veselka, Bragg & Allen utilizes several types of notices and letters 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 tax, penalties and interest due, and the tax office address to which payments should be directed. MVBA mails notices of delinquency to every delinquent property owner at least three times each year. Our experience has proven that through the use of this series of notices and letters to delinquent property owners, substantial payments will be made prior to the institution of legal proceedings. We also mail notices to selected accounts within targeted parameters. INITIAI. NOTICES (See Exhibit 1) 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 properh; 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 these notices to emphasize a deadline date for payment or give some special instructions. • DEMAND NOTICES (See Exhibit 2) Our second letter is a demand notice. This letter is mailed en 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 filtd for foreclosure of the tax lien and personal • liability against the property owner unless payment is made immediately. d - McCreary, Veselks, BraU k Allen - rn oraocladoa wkh Hayes, Coffey & Berry, P,C. II O 0 • I- p • gendaitem NEW OWNER LETTERS (See Exhibit 3) We In addition to our initial notices of delinquency and demand notices, MVBA has a npmber of other letters to respond to specific circumstances which frequently arise. Among these are our "New Owner" letters. Research of the title of real property sometimes reveals a new owner of delinquent real property. This letter informs the new owner 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 has a recorded lienon a delinquent property, we send a "IienholderleCar" to suchperson or ent ity. Our letter notifies the iienholder that the property on which they have alien 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 filing of a delinquent tax suit usually results in prompt payment of the delinquent taxes. DEFAULTED PAYOUT NOTICES (See Exhibit 5) There are delinquent property owners who want to pay their taxes but simply do not have the funds to do so. Many delinquent property owners who find themselves in this circumstance enter Into payout agreements with ~hc tax office. While most property owners honor their payout agreement, some do not. 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 is filed. { 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 notice ofdelinquency be mailed to each person whose name appears on the delinquent • tax roll in each year divisible by five, Our notices and letters always result in numerous phone calls from delinquent property owners and lienholders, These telephone calls are initially answered by MVBA staff members who are trained to answer most common questions and concerns. Our attorneys are available to speak with any property owner or iienholder who has a question beyond the experience or knowledge level of our • staff members or legal assistants. - McCreary, Veselka, BrAgS & Allen fn essocladon with Hayes, Coffey & Berry, P,C, 12 • t) • B. ADDRESS AND TITLE RESEARCH ~sndaNo AAendaitem~_.. X-~----_-[late 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 on 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, or citations which are unable to be delivered by officers serving process in a delinquent tax suit. When we discovrr an account with an incorrect address, that account is identified on our compulPr record so that special attention will be 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 flies are produced to identify discrepancies between addresses gi ven for an owner of multiple properties. If this procedure does not result in locating a correct address, the Firm uses the following sources of information: 1) Address correction request from the United States 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 6) City utility records 7) Voter registration rrcurds g) Criss-cross director; 9) Credit bureau autum«teu file search 10) County Clerk's records (deed records, etc.) • 11) On-site investigation of the property, including conversations with occupants of the property and adjoining land owners Additionally, the following sources are used to obtain the correct addresses for owners or principals of delinquent business accounts: 1) Comptroller of Public Accounts • 2) Secretary of State • • 3) County Clerk's Records for Financing Statements and Assumed Names - McCreary, VeselM4 BraU k Alle■ In ennorledon with Hoyes, Coffey & Berry, P,C, 1 1 3 0 0 iu • ~getldal?em Through the use of these sources of information, MVBA is very successful in lo&Wngehe-correot-"-" addresses of delinquent property owners and obtaining payment of these taxes due. TITLE RESEARCH MVBA conducts an exhaustive examination of the title on all delinquent real property prior to filing lawsuits. Much confusion and embarrassment results when lawsuits are flied using only the information on the tax roll or with incomplete title information. We perform all of the necessary title research to identify the owners and I ienholders on each delinquent real prop" account selected for lawsuit. Real property accounts are researched through courthouse records or title companies for persons who 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 assumed name riles, On-site investigation and inquiry of the owners of neighboring property to ascertain the whereabouts of rt•e record owners is trade by Firm personnel as required. We 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. Should our title research indicate that person:, other than those listed on the tax roll have an interest in 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 for prompt payment of taxes before any delinquent tax suit is filed. • McCrary, Veselks, bran & Allen IK esmiedos wftk Hayes, Coffey & Merry, P.C. 14 • p v ~ f d 1 5? d t~ ~r ~ ~~1~ l3 ~ . r e ~ t l i 5 i p. t . ,,rea ~ • P- ca • C. LITIGATION Date It is necessary to file lawsuits against those delinquent property owners who do not'respond to our notices of delinquency. MVBA takes the initiative to identify delinquent property owners for lawsuits, consults with the client and/or tax office, files lawsuits, and pursues the lawsuits to payment or judgment and sale. While we regularly consult with the tax office and respond to the suggestions of our clients, MVBA does not ~,ait for our clients to tell us upon which delinquent propertyowners 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 meet our clients' desires and policies, SELECTION OF ACCOUNTS FOR LAWSUITS MVBA uses specially-designed computer programs to sort the accounts on the delinquent tax roll by various characteristics such as the amount due and the number of tax years delinquent. Accordingly, we file lawsuits on tax accountswith large amounts due and on those tax accounts where the amount is smaller but where a number of years are delinquent. This provides a representative cross section of the property owners on the delinquent tax roll and avoids undue concentration on a group of property owners or a specific area of the county. We carefully identify those property owners who have legitimate economic or medical hardships or those who have filed over age 65 :ax deferrals. However, MVBA scrupulously avoids any other discriminatory criteria in selecting accounts for lawsuit. CONSOLIDATION OF TAX ACCOUNTS UNDER COMMON OWNERSHIP The policy ofMVBA is to file asingle 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 all accounts on the delinquent tax roll underthe saute name. We also inquire of the tax office to identify name variations or the business names ore delinquent property owner. Combining all the delinquent accounts ofa property owner in it single lawsuit makes it easier to collect the total tax liability of the property owner, reduces the amount of court costs charged to • the delinquent property owner, and eliminates confusion and duplication of efforts which can result if multiple suits are filed against the same person. PERSONAL PROPERTY • As bothan additional cost savings and revenue enhancement to the taxing units, the Firm begim work • • on the latest year's personal property delinquencies on March I Instead of July 1, hleCreary, VealP^ Bron & Allen in asseeledon Wilk Hayes, Cotrey k Berry, P,C, 15 • • D. FILING AND PROSECUTING LAWSUITS TO JUDGMEN'gendalteP1,_.- -ro 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 tax amounts, the tax years due, and the description of the property taxed with our research information on title to the property and the addresses ofthe property owners and I ienholders. We generate 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 to each defendant. OBTAINING SERVICE OF CITATION ON THE DEFENDANTS Each defendant property owner and lienholder in a lawsuit must be served with citation prior to setting the case for trial and judgment. Within sixty days from the date a citation is issued, MVBA examines the Court's file for the sheriffs return of the citation indicating that a defendant has been served or, in the alternative, that the defendant could not be looa led at the address given on the citation. 1 r there is not a sheriffs return of the citation at the initirl examination, we will review the Court's file again every thirty days until the sheriffs return is tiled. If a citation is not returned by the sheriff within sixty to seventy-five days of issuance of the citation, we make inquiry of the sheriffs department as to the status of the service of citation or any questions that may have arisen. If the sheriff is unable to locate a defendant at the address given on the citation, we begin an immediate search for anew address. A detailed discussion of address research is included in Section B. If a new address is identified, a new citation is issued. If the defendant cannot be located after a diligent search, a citation by publication will he issued on the defendant. DEALING WITH DEFENDANT PROPERTY OWNERS Many defendant property owners will pay after service of citation, We communicate with the defendants or their attorneys to arrange the payment of the taxes and court costs and the dismissal ofthe lawsuit. Other de fendant property owners may wish to sign an installment payment agreement. If the tax office approves of the payment agreement, we closely monitor the defendant's compliance • with the agreed-upon payment schedule. In some cases, we will obtain an agreed judgment along with apayment agreement wherein we agree not to execute on the judgment provided the defendant keeps the payout agreement. A detailed discussion of installment payment agreements is included in Section H. McCreary, Veaelks, Bragg & Allen In araocfoden wlek Hayee, Coffey k Berry, P,C, 16 • 0 • w • Agenda tem....-.-.--- SUIT TRACKING SYSTEM Ik118_. The process of keeping numerous lawsuits flowing through the court system requires a compulerized suit tracking system. McCreary, Veselka, Bragg & Allen maintains a sophisticated automated suit [racking system providing the following information on each pending suit; *Cause Number *Style of Case *Filing Date 0Defendants' Names *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 $Installment Payment Agreement *Court Cost Payments *Dismissal Date *Judgment Date *Abstract of Judgment *Tax Sale *Bankruptcy JUDGMENT I f paymem is not made after service of citation, we request the Court to set the case for trial on the merits. The Finn believes in pursuing tax suits to a speedy conclusion. When a trial date is obtained, a "Notice of Trial" letter is sent notifying the defendant of the date and time that judgment will be sought for foreclosure of the tax I ion on the property and for personal judgment against the defendant for amounts due (see Exhibit 8), Judgments are followed up with abstracts ofjudgment and tax sales (see Exhibit 9). A tax sale of real properly is the ultimate step in the collection process and is an effective method of creating public • awareness of the necessity of paying taxes currently. Executions are initiated to enforce judgments obtained on personal property. We consult with our clients prior to all sales and executions. Sales and executions are preceded by a Notice of Intent to Sell 'Property to the property, owner (sm Exhibit 10). This gives the property owner one Iasi opportunity to pay the delinquent taxes before property is posted for sale. McCreary, Veselks, Br*U & Allen In rssocladon Wkh Haym Coffey & Berry, P.C. 17 k~w • • E. COLLECTION OF JUDGMENTS BY EXECUTION AND 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. VACANT AND ABANDONED PROPERTY TAX SALES The Firm actively pursues the sale of vacant and abandoned property. Several vacant, abandoned 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 attomey is appointed attomey-ad-litem to represent all defendants cited by publication. After judgment is obtained, an Orderof 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 bid sheet is mailed to local real tors and other persons who havo expressed interest In bidding at tax sales in general or to those persons who have contacted the tax office about a particular parcel of property. The properties are sold at public auction to the highest bidder and Sheri frs 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. • 1 ~0 McCreary, Verelks, Bran 4 Alka !n esmekdon whk Hayes, Coffey k Berry. P.C. • 1. p 0 0 F. BANKRUPTCY PROCEEDINGS Agendaltem [)ate__.._~_ McCreary, Veselka, Bragg & Allen has an excellent bankruptcy department capable of providing the finest representation to our clients in this important area of practice. The six-person staff of the MVBA bankruptcy department is trained in bankruptcy law, and their efforts are devoted exclusi ve l y to bankruptcy matters. Bankruptcy litigation isadministered by two attomeys,P. Michael Reed and R Kirk Swinney, who are licensed to practice before each of the federal courw in Texas, the United States Court of Appeals for the 5th Circuit, and the United States Supreme Court, Our attorneys make more personal appearances before bankruptcy judges than the attorneys of any ocher law firm engaged in property tax collections. They aggressively assert the tax claims and priorities and defend the lax liens of our clients in the Bankruptcy court, To handle the large number of bankruptcy cases, the Firm has made use of a computerized tracking system since 1986. That 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 cf 22 million dollars in bankruptcy claims and are currently monitoring approximately twenty-five thousand bankruptcy cases, Upon notification of a bankruptcy affecting a client, we generate and file a claim for current and delinquent taxes and a Notice ofAppearance. The Appearance notifies participants in the bankruptcy of the need to provide us with copies of all relevant documents so that we may respond appropriately on behalf of our clients. From that point, various measures, both defensive and offensive, may be in order, Ifthe situation warrants, we move for a modification of the automatic stay, which would otherwise bar our pursuing the taxes by suit. When we are able to do this, we may subsequently Wit: the payment of the taxes due in a state court action, Additionally, we find that taxing units frequently are vulnerable to impairment of their tax liens by not protecting their interest when a Chapter l l or Chapter 13 bankruptcy plan of reorganization is drawn. Therefore, we monitor all bankruptcy reorganization plans to determine that the provisions contained in those plans provide the Mt iegal redress available to our clients. Additionally, we care fully monitor and respond to other bankruptcy transactions which jeopardize recovery, including sales ol'propcrty, motions for relief of automatic stay filed by other creditors, and lien claims, as well as defending any challenges made to the tax claims of our clients. We negotiate with debtors, 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 tax claims. Our goal is to maximize the return of tax dollars to our clients in every bankruptcy case. 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 taxes. Our 0 diligence and aggressive legal actions in the area of bankruptcy results in the timely collection of the O O taxes due to our clients which otherwise might be lost or inordinately delayed, McCreary, Veselks, Braag & Allen In essocfedon with Hayes, Coffey & Berry, P.C. 19 0 • a • . Bows, Coffey A Berry, P.C, has represented a number of financial institutions as creditors in baMrruptcy proceedings, throughout North Central Texas. Their familiarity with the bankruptcy courts in this area and the frequency in which they appear and have contacts with the bankruptcy court and cleric for the Eastern District of Texas in which Denton is located, will aid us in being apprised of ongoing bankruptcy proceedings. COLLECTING TAXES FROM FEDERAL AGENCIES With the closing ofnumerous banks and savings and loan associations inTexas by the Federal Deposit Insurance Corporation and Resolution Trust Corporation, n new challenge has arisen in the collection of delinquent property taxes, no 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 payment of taxes on property owned by the FDIC and RTC in their capacity as receiver for an insolvent financial institution, McCreary, Peselka, Bragg A Allen flies 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 penaliiesand 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 of all taxes, penalties and interest from these Federal agencies. • McCreary, Vtselka, Bran & AIIes lot asroeW*N wim Hayes, Coffey & Berry, P.C. 20 j4I lI ~.~r)} ~ Y'~~~• r ~ _.._r. r~_...__.. r.. • a`' 4 ~t,t4i'~,~~~'~i*5~~~~ l x+~ ~~S 0 r p • tQ911 8 0,. G. TAX WARRANTS AAeaddlt~►1 The Property Tax Code authorizes the seizure of personal property in order to satisfy property taxes. Seizure proceedings are among the most effective collection techniques, especially when utilized to collect delinquent taxes on business personal property. The use of publicityfromsuccessfulseizures 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 initiated only after discussion with, and approval of, the client. Furthemtore, 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 SEIZED, This is accomplished in close conjunction with the tax office. Larger accounts and those with several years of taxes due are considered. Businesses with inventory 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 NOTICE TO THE PROPERTY OWNERS. When time Is not ofthe 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 with payment after receiving this notice. 3) DETERMINE THE FEASIBILITY OF SEIZURE. We will inspect the property to verify the existence of property which can be seized and will, if there isa possibility o£a pending bankruptcy, check with the Bankruptcy Court to ensure that no automatic stay is violated. 4) PREPARATION AND ISSUANCE OF THE TAX WARRANT. We will prepm the necessary forms for seizure. These forms, which have been designed by the Firm, include the Application, the Order issued by the judge for the issuance of the Tax Warrant, and the Tax Warrant itself. A judge of a court of appropriate jurisdiction in the county where the seizure is to take place must sign the Tax Warrant. 5) EXECUTION OF THE WARRANT. We will accompany the tax collector and the sheriff in the 0 actual seizure of the property. Most property owners pay when they are served with the Tax Warrattt by the sheriff. 6) SALE OF THE PROPERTY, Should the property owner still refuse to pay the 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 present at the sale of the property. Finally, we will prepare the Bill of Sale conveying to the purchaser • • title to the property sold. - McCreary, Veselka, Bragg & Alka In assocladon with Hayes, Coffey rh Berry, P.C. 21 0 a • • r 406a o,__ Agerldaltem H. INSr41,LMENT PAYMENT AGREEMENTS Some delinquent taxpayers are unable to pay the entire amount due in a single payment, and many ofour clients have adopted policies that permit installment payment agreements, Suchpolicies vary among jurisdictions, and we comply with any payout arrangement or policy adopted by our clients. Accordingly, we provide the following support program for installment payment agreements; I . Consultation and Review of Existing 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 permits 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 paymentshould coycrat least one complete yearof base tax, penalties, and interest. f c) Payments which are insufficient to cover a complete year of base tax, penalties, and interest should be pro-rated accordingly, d) [fan agreement issignedbefore litigation,asuit wilinotbefiledsolongastheagreement is current. c) Agreements signed after suit has been filed should permit judgment to be taken. The agreement will be continued post•judgmeni, and the judgment will not be enforced so long as the agreement is current. f 2. Preparation of Installment Payment Agreements. After consultation and review of the current program, the tax 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 of the responsibility of generating installment agreements and securing the necessary signatures upon i Nuest of the tax collector, 3. Monitoring Compliance with Installment Payment Agreements, • Immediately upon receipt of notification that an installment agreement has been signed, that account is coded in the tax office computer and in our system. We maintain copies of all payment agreements and review them every thirty days for compliance. 4, Enforcing Compliance with 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, • O - McCresry, Veselka, Bragi & Allen in association with Heym Coffey & Berry, P,C, 22 • O • w • AgendaN4 . 1-... . I, COMMUNICATIONS AND REPORTING CAPABILITILendaltelq Date McCreary, Yeselka, Bragg A Allen takes 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 bankruptcy 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 of our 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 MYBA, from the first notice of delinquency to the sale of the property, the action is instantaneously recorded on a Collection Activity Report in our computer 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 annually with a Collection Activity Report reflecting the progress of the collec!ion program, These 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 deadlines (3) Number and type of suits filed (real, personal, "vacant and . >)andoned") (4) Amount of money involved in litigation (5) Number ofjudgments taken and amounts involved (6) Summary seizure and tax sale activity (7) Number of bankruptcy claims tiled and amount of taxes included We provide a graphic report of the collection activity on the delinquent taxes. The report divides the tax accounts into suits, bankruptcy, payouts, 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 Firm is available to follow these up with discussions with the tax office, client administrators, and the governing body of the client. In addition 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 Finn publishes the MYBA View Point to keep our clients informed of the latest developments in property taxation. A copy is included as Exhibit 11. If a significant event occurs we irrunediately send an MYBA Bulletin on the subject matter. McCreary, Vese/ka, Bragg do Allen provides toll-free inward WATS tines to our Austin office for the use ofourclients and their staff. We welcome the opportunity to i ~!ot with client administrators • and attend the meetings of the governing body of our clients at any i,ane to discuss property tax • collections or other property tax matters. McCreary, Veseika, Bragg k Allen In association with Hayes, Coffey & Berry, P.C. 23 • - s> • Allk.KLAh 1, M GSLL1%A, LKAUU 8L ALLLIN, 1-.%, ATTOWaYYS AT LAW .o. sox AUSTIN. TEXAS 7°is°so~o Agendal tarrl,_,-_..a.,,,,,w_„_. (late May 16, 1995 Mr. Jon Fortune, Chief Finance Officer City of Denton 215 East McKinney 5trzet 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 is to present our Firm's activity in the delinquent tax collectoon program with the City of Denton from July 1, 1993, through June 30, 1994, and for the period of July 1, 1994, through April 30, 1995. COLLECTION CURRENT YL&R CO L3r,F CONS The Firm's Contract with the City of Denton requires us to collect 60% of the base tax for the current tax year during the first year of delinquency. During the first year of our Contract, we met this goal. We actually collected 61,1646 of the 1992 taxes turned over to us for collection. We also will exceed this goat during the second year of our Contract, As of Aprll 30, 1995, we have collected { 59.08% 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: 1992 Tax Year 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 Tax Year 1993 base tax collected between • July 1, 1994 and June 30, 1995. Turnover Amount: $321,756.96 Ooal: $193,054.18 Actual Collections; $190 101.85 ' Percent Collected: 59.0% ~ a°' r ZEN Mal r rinr~ii alb' M~i7n e»Qpili n w - ~ ~ t. q e ~ v~ Joy v i i 7.S f i~ 1 r ~ #ti~ ~l1 • • AgpldpMo TOTAL COLLECTIONS - In addition to collecting the current year tax the Firm works on all delinquent accounts. During the period from July 1, 1993, throu;h 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 which they filed suit prior to the beginning date of our Contract. During the second year of our Contract we have collected 5328,570.77, 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 years. During the period of time covered by this report, we have used the following collection proceedures. LE31M 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 penholders results in substantial payments. A. DeWl Letters - Notices on all years of delinquency including property description and amount due. 7,1-93 to 6-30.94 11--241Q-4-31M Number: 3,373 3,322 Base Tax: $1,568,544.89 1,278,693.09 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 6-30.94 7-1-94 to 4-30.95 Number: 218 234 Total Tax: $145,962.85 $210,956.64 Total Due: $236,027.50 $331,453.69 • Page 2of6 •r r f ~ ~~t NMI a Agtmlial t'anZ..--------~----- ADDRESS AND TITLE RESEARCH 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 aMiuses 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 idewIfy 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 wili be filed in the event the taxes are not paid. Lienholder Letsera - Notices to financial institutions and individuals which the Firm has determined, as a result of title research, to have liens on delinquent properties, 7-1.93 to 6-30.94 7-1-94 to 4-30- Number: 104 121 Base Tax: $ '76,764.83 $133,385.21 Total Due: $124,078.07 $2030300,69 New Owner Letters - Notices to owners who the Finn 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. 7-1-93 to 6-30.44 7-1-94 to 4.30.95 Number; 4 2 Base Tax; $ 2,691.08 $ 793.67 Total Due; S 4,343.73 $ 11159.02 • i Page 3 of 6 i 10 • r r~endaNo._ suIT;i Slate 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 thorn are delinquent taxes are included in the same suit. 7-1-93 to 6-30-94 7-1-94 t9 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 JUDGMENTS 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. These trial settings result in either payment in full or a judgment ordering foreclosure of the tax lien on the property In question and/or personal liability against the defendant property owner. Accounts placed under Judgment 7-1-93 IQ 6-30-94 7-1.94 to 4-30-95 i Number l8 36 Base Tax: $21,648.67 $36,204.18 Total Due: $36,200.49 $62,911.26 • Page 4 of 6 r ~ f'~ / a7" , C 1 L~ , ~F r AgandaNa...._. IAX SALES [13C8 After consultation with the City Staff Judgments involving real prooppeerty are followed up by a Sheriffs Sale of the property. The Firm assists the Sheriffs office inhandling all aspects of the We. During the period of this report we have posted two Judgments for sale. Neither property sold at the Sheriffs Sale and both were bid in trust to the taxing 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: $2,773.07 Date of Sheriffs Sale: April, 1995 Date of Resale: May, 1995 Net to City after resale: S 1,519.06 We are continuing to prepare accounts for We. RANU JP'I'CIES 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 tiled by the debtor or any creditor with the Bankruptcy 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 initiated. 7.1-93 to 6-30.94 7-1-94 IQ 4-30-95 Number: 59 51 Amount: $46,784,66 $34,178.67 $60,774,01 $41,393.37 f • 0 PAge 5 of 5 i . . • w•.w w~•-vr•.~ • • w f f ~ At`kl ~ nS Acooums oo which Administrative Claim filed - ~get►dsltstr2r- Oats A subsequent claim filed by the Firm in the Bankruptcy Couii for taxes which come due after the filing of a bat krupety 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. (>ur Firm has ooilxted $629,660.16 in delinquent taxes, penaltes, and interest during the time we have r~reaaitod the City of Denton. Accordingly, delinquent tax a►llecdons are a viW source of rovatue. When delinquent tares, penalties, and interest arc included w th current collections tha percent of levy collected is greater. This fact should be considered in your br Iget discussions. The Firm considers it a privilege to represent the City of Denton and wi; , 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, V Gilbert T. Bragg for the Firm GTB;slb i i I t ' 0 • j~ JJI I Page 6 of 6 k :a ti~l s~ v 1,y ~Y~ hb 11 , _...-sue.... e q~ y•, ] ti.f aLi. ~w M ~'fl~~l l'A Fd }j. • • J. DATA PROCESSING SUPPORT ApeAdalfflrrt r__. rote.,.'_ 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 specialized software which 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 benefit 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 fully 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 demonstration of the vast capabilities of our computer system. The capabilities of our data processing system are as follows: 1. 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 or year level. File structure accommodates 40 sub-jurisdictions Automated system follow-up ' Calculates standard penalty and interest, specialpenalty and attorney fees 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 I 2. Automated Suit Document System 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 genemte' ; _dgments and releases Status of suits • ' Computer generated statistics ' Computer generated letters before/after suit is filed, judgment taken and • • property sold to satisfy lien McCreary, Veselka, Bragg; & Allen In assoclatlon with Hayes, Coffey 6 Berry, P.C. 30 • 3. Automated Suit Tracking System ;Q•IdflNa Agaadeft• * Cause Number f>gta__ . . " Style of Case * Filing Date * Defendants' Names " Lienholders' and other parties' names • Property Description • Service of citation and dale • Court cost payments " Status of Suits * htdgment date • Abstract of Judgment + Tax Sale * Payout " Special case status: Hardship, over-65, homestead, etc. * Answers by opposing attorneys • lmpleaded 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 i i • ' • • - McCreary, Veselks, Brta & Alko In ats6CWW Wkh Hayes, Coffey & Berry, P,C. 31 ~ 1I~i'it~ti Mvj, • • u. File Access and Update ~Qe►1deN0,____. * Secured access to Tax Data, Suit, and Bankruptcy Files ate * 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 yews, 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 * Abillty to develop reports by selecting certain records by record design S. Color Graphic Illustrations of Statistics * Illustrations and Comparison of Collection Statistics * Diagram of Delinquent File Status Work in Progress Suits Judgments Returns • Holds Bankruptcies McCreary, Veselka, Brag k Alka In euocl"ON WO Nsye$, Coffey k Berry, P.C. 92 r ? s i m T gendaNo K. DATA PROCESSING RESOURCES ondaltetz,------- 'Alt.---_ The main computer installation of McCreary, Veselka, Bragg AAllen, 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: CPU IBM RISC System/6000, Powcrserver 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 work using 56 KB phone lines and Data Race multiplexers to link our Austin office witb branch offices. Tape Drive 1.2 GB 1/4" cartridge tape 5.0 GB 8MM streaming tape 1/2" 9-track tape 1600/6250 BPI compatibility Pri raters 3 LEXMARK Laser printers 16 page per minute with duplex option t GENICOM Shuttle Printer 800/165 Ipm, continuous form 9 LEXMARK Laser printers 10 page per minuite with envelope option • 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, t IBM ValuePoint 466DX spreadsheet & fax applications I AT-compatible 466 • 1 AT-compatible 386 • A 1 AT-compatible 280 McCreary, Veselka, Brag$ & Allea - In assocudon M0 Hayes, Coffey & Berry, P.C. 33 • a • Agenda No Asychronous Terminals (CRTS) ApndalterYL,.- - 46 Wyse 60 Used for word processing, dataVUhy; update send document development. UPS 1800VA Online UPS Providing battery backup for the entire system Two Hewlett-Packard Graphic Used to produce graphic illustrations for Plotters reporting Canon Color Laser Printer/ Used in production of proposals, reports and Copier graphics Other automated procedures used to facilitate the handling of mass moWngs are: Bursting Decotlating Machines Separation of continuous data processing forms Fold Iag/Stufltng/Postage Machine Pitney Bowes Model 9300 Console Automatically folds, places letters into envelopes, seals and places metered postage on the envelopes Hayes, Coffey A Berry, P .C., has a sophisticated office computerization system. The firm has a one hundred user network, presently equipped with twenty-four networked wn-linala utilizing state of { the art word processing, spread sheet, communication and client data processing applications. The i network is run by a 486-25 file server using Novelle Netware 386, version 3,14, lnterofflee communicadonsottwam,SMe data processingsoftwarcmWuseraceessiblecommunications software via 2400 BAU modems am other features ofthe system, with an optical characterrecognidon system. The firm is also equipped with fax and offsite user capabilities via modem. DATA PROCESSING EQUIPMENT The present hardware configuration consists of the following: Component: Specifications: e CPU 486.25Mhz, 8MB [tam, 330MB Hard Disk (Runs 100-User Network) • McCrary, Walks, Brame & A1kM ~ ~ In arwclnlon wkly Haym Coffey & Berry, P.C. 34 f~ • • ilk Backup CPU 386-25Mhz, IBM-compatible Date 2 Meg RAM, Color VGA Monitor, Mouse, 2400 Baud Hayes-Compatible Internal Modem Disks I i Hard drives 28 Floppy drives Tape Drive 500 MB Colorado Memory Systems IBM Compatible or ASCII 25 Workstadons 20 - 286-25Mbz, 2-4 MB RAM, (CRT's) IBM-compatible Workstations with access to all network software 5 - IBM PS/2 workinations OCR Page Scanner Reads Documents on paper directly into Word Processing 2 Toshiba Laser printers Hewlett-Packard Emulation, 14 pages per minute,3 Large paper bins, and Envelope feeder/Printer I Hewlett Packard Laser Jet Prints 8 pages per minute 3 High-Speed Dot Matrix 320 CPS Seikosha and 250 LPS Printers Panasonic, and IBA LPS (Report'ieneration, etc, using continuous form paper) DATA PROCESSING RESOURCES ,ACC: • Component: Specifications: Internal File Maintenance STI File Maintenance Network Software Novell Netware 386 Version 3.11 e • • McCreary, Veselks, Brsyt & Auer In trs040W Wkh Hayes, Coffty & Berry, P.C. 35 e • n r r~..rarur. • O ti ♦I,n 4 ,~~+pi~~t~ ~ s i[•/1 r ^i tGlJY. LJh.'~SIitI ~ri r Telecommunications Software Networked Remote Communication PC Anywhere IV/LAN Dial in/Dial out, Gateway Operation, Chat Simultaneously with other parry B{Wng Accounting, Billing Software Spreadsheets VP Planner Surpass Lotus 1-2-3 Symphony Calculator Word Processing WordPerfect 5.0, S. 1, IBM Displaywrite 4 V.2 Interoffice Communications Electronic Mail, Appointment WordPerfect Office Calendar, Meeting Scheduler Desktop Publishing - Newsletters, Banners, Graphics, Finesse Desktop Publishing Graphincs, Font Generation, etc. • McCreary, Veselko, Bran & Alien In eaaebk m rvbh Hayes, Coffey & Berry, F.C. 36 III, PROFILE OF THE LAW FIRM A. HISTORY OF THE FIRM McCreary, Vesege, Bragg A Alba, i°, 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, Longvlew, Abilene, Son Angelo, Denton, and Yielorla. MVBA currently represents over 350 taxing units in the collection of delinquent property taxes. These taxing units include counties, school districts, cities, apprai sal di stric ts, andotherspec W taxing districts of all sizes. McCreary, Vese" Bragg A Allen 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 on us but ourclients as well. Character and integrity are not just words at McCreary, Veselka, Bragg B Albs, • K.Creary, VaeU Brag & Alkn IN &uoei&&N wA Hayes, Coffey & Berry, P .C. 37 1 r `L J • • :K.` ,l~ ~ iS +;'t1j~~`~~ ke'A'~fY, tr fC't`er" ~t~J Ft" • c:. r ~gerlUalVo Date.- B. SUMMARY OF APPELLATE COURT DECISIONS - MCCREARY, VESELKA, BRAGG & ALLEN, P.C.9 AS LEGAL COUNSEL No. 11-93= 10-CV, Walker, tCounta Place. Inc. v. Central Appraisal District of Taylor Co., 867 S.W.2o ' 11 (Tex.App: Eastland 1993, no writ) Walker's Country Place, Inc. purchased an apartment building in Abilene from a lender subsequent to that 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 favor of the taxing jurisdictions and the taxpayer appealed. On appeal the Eastland Court ruled that while the imposition of penalties subsequent to the filingof 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 interestduring the bankruptcy, in bankruptcycourt.'fherefoi ^ the taxpayercould notcollaterally E 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. a i No. 90-60670, Lonttylew Independent School District v. Machines Supply & Grn" Cgmanv, Inc. (In the United States District Court for the Eastern District of Texas, Tyler Division, 1942) Ina Chapter 7 bankruptcy, the personal property assets of Machinery Supply & Grinding Company, Inc, were liquidated by the Trustee. Longview Bank and Trust Company sought release of the proceeds of the sale to their commercial lien on that personal property. Longview ISD also sought the j satisfaction 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 entirety of the funds to 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, e 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 farther found that Longview Bank and Trust had no standing to initiate a lien avoidance artion on its own part and thus Longview ISD would be awarded their portion of the proceeds of sale. McCreary, Veselka, Bran & Allen !n assocladon Wilk Hayes, Coffey & Berry, P.C. 38 • tta No. 93-8408, Cpy of Boerne. et a1 Y. Boerne Hills Leasing Corp, ad Chrysler Credit C_oporstion, 15 F3d 57 (5th Cir. 1994) Upon the sale in bankruptcy of the personal property assets of Boerne Hills Leasing Corp., the Bankruptcy Court in the Western 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 objf-tions were overruled and requests denied on the theory that the liens were fundamentally inferior to the prior liens of ti,4 floor plan financier. The taxing jurisdictions appealed to the Federal District Court, and while restating the basis for the rul ing, that Court affirmed the Bankruptcy Court's ruling. On apl peal to the Fitth Circuit 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 superiorto that of commercial lenders even when those commercial liens predate the taxes, and that while the tax liens may have been avoidable under bankruptcy law no action had been taken by the Trustee to do so. Furthermore, the Fifth Circuit found that while Chrysler Credit could have sought authorization from the Court to initiate a lien avoidance action on beital f of the Trustee, no such authorization had been sought and thus the jurisdictions were entitled to their portion of the proceeds of the sale of the debtors inventory. No. 4:91CV117, Robert V. Thurmond. Jr. Y. Leander Independent School District CilY of 5achse. Wylie Independent School District. and Travis Counlv (In the United States District Court for the Eastern District of Texas, Sherman Division, 1992) Robert V. Thurmond, Jr., debtor in a Chapter 1 l bankruptcy, challenged the classification of the 1990 property taxes in his bankruptcy, The bankruptcy was filed in February of 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 be paid in full with flub 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 of the tax year the debt pre-dated the bankruptcy. The tax jurisdictions argued that under existing can 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 appeaied,and on appoal the Federal DistrietCourt followed the same reasonfng as had the Bankruptcy Court, affirming that decision in favo, of the taxing jurisdictions. • No. 93-8067, Midland Central Appraisal District v. Midland Industrial Service f'nre_..3d (5th Cir. 1994): A debtor had filed 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 r court, affirming the case. This is currently on application for writ of certiorari to the United States Supreme Court. McCreary, VeseU Bragg & Allen fn association with Hayes, Coffey & Berry, P.C. 39 ageadaltalrl. Late - A t✓ 't)J .i ' y '.YI e e r County of Burleson et al. v, General Electric Credit Corp, 831 S.W.2d 54(Tex.App: Houston [14th Dist., 1992 writ den.): Contrary to the way the facts are reported in the case, tha taxing jurisdiction seized amanufactured home which had a gi ven serial number on it. The taxingjurisdiction applied to the Texas Department of Licensing and Regulation for information regarding the ownership and lienholders on the home of that serial number. No record with the Texas Department of Licensingand Regulation was found. ater, after the tax sale, GECC appeared claiming alien 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, 92-009-5, In re Texas Draughon Institute. Inc.~,pi Tree IndtRend -tSc1o District v, Texas National B" Western District of Louh,,lans 1993: This case is factually and legally nearly identical to the Boeme hills Leasing case. The bankruptcy court in Louisiana held for the secured lendor, Texas National Bank, distributing all proceeds of the 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 taxing jurisdictions prevailed on the theory that l I U.S.C. § 546 allows for post-bankruptcy petition perfection of the personal property tax lien via the filing of a claim in bankruptcy. Texas National Bank appealed, but the decision was affirmed by the district court, The case was settled prior to reaching the Fifth Circuit Court of Appeals, with substantially all of the taxes being paid. No. SA-92-CA-698, In re W.H. Mangum. Inc.; County of Comal at al, v. W.H, Mangum- Inc- st a United States District Court for the Western District of Texas 1994; The bankruptcy court disallowed the taxing jurisdictions claim for § 33.07 fees and Interest on administrative expenses. The courtalso disallowed taxes for the year of fiting asan administrative expense. Following the bankruptcy coup decision in the Boerne Hills case, the court also disallowed all pre-petition tax 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. e No. 04-93-00279-CV, Stahmann Sales Company v, ounly of GuadaluRt et al., 4th Judicial District Court of Appeal-San Antonio, February 23, 1994, (writ den.): This case resulted fromataxju,igmentforpersonalproperty taxes on arecreational vehicle retailer. The defendant, on appeal, contended that the entire Texas ad valorem tax scheme on personal ® propertywas unconstitutional, that CEDtaxes were unconstitutional, that the tax affidavits submitted at thetrialcourt were insufficientto establish acase, thatthetrialcourt should have granted its motion e A for continuance, that certain taxes were barred by the statute of limitations, that other taxes were McCreary, Veselkn, Bragg & Allen In assacladon with Haym Coffey & Berry, P.C. 40 4g+attttaNa _ lgendaItent,___._..__.,- 171ate - "l e 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 all points for MVBA clients county and school district..Thejudgment for the citywas reversed due to an insuRiLient tax affidavit, The state Supreme Courtdeniedwrit 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 Edugatloo District, 968 F.2d 453, (5(h Or. 1092): 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 sidesappealed to the Fifth Circuit where that court reversed in favor of the LEDs. No. 08-90-00164-CV, General Electric Credit Corporatlon v. Midland Central Apilralsal p~trict and Appraisal Review Board of Midland Central Appraisal District, and Freestong Coun Appri1salDistrict andtheFreestone Coun Appraisal Review Boor 808S.W.2d169 (Tex.App.-EI Paso 1991) Judgment modlited In 826 S.W.2d 124 (Te:.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 of either county, but simply sued both in district court. The court of appeals held that GECC was required to follow its administrative remedies pursuunt to Chapter 41 of the Texas Property Tax Code in both counties. The Court of Appeals also sanctioned GECC approximately $60,0W for a frivolous appeat. The Supreme Court reversed these sanctions, but upheld the appellate court's decision regarding following administrative remedies. No, 07-88-0284-CV, S. M. Ferguson. Jr. and S. M. Ferguson. Jr., Inc. v. C lliicothe Indepen- dent School District. 798 S.W.2d 395 (Tex.App.-Amarille 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 tomake • timely payment of the ad valorem taxes pursuant to Tex. Prop. Tax Code §42.08. Later, he attempted ton take a payment of the taxes and claimed that he had substantially complied with §42.08. The court 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 disniet suit dismissed pursuant to §42.08. McCreary, Veselka, Bragg & Allen In assoewon with Hayes, Coffey & Berry, P.C. ~111tt~dNO 41 • cy • i No. 3-91482-CV, Paul W. Kimmell AKA Paul W, Klmmeli DC v. Burnet C9gWy "raisal District, 835 S.W.2d 108 ffex.App. Austin 1992, no writ) Dr. Kimmell was a tax protestor who denied thejurisdiclional authority of the State o(Texas, After multiple dilatory motions at the trial court, Dr. Kimmell suffered an adversejudgment for delinquent taxes. He then appealed to the Third Court of Appeals. Prior to the time the Third Court of Appeals issued a decision, Dr, Kimmell sent papers to the court and tL the litigants purporting to be orders of removai from the "Common Law Court for the Republic of Texas" withdrawing the case from (he jurisdiction of the Third Court of Appeals. The documents even bore file-marked stamps from the alleged clerkofthis"Common Law Court forthe Republic of Texas", The Third Court of Appeals held that there 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 Appraisal District et g<, 834 S.W.2d 619 ('fex.App.-Eastland 1992, writ den'd) Hawkins operates a commercial nursery in Van Zandt County. On his property, he has a number of greenhouses which are constructed 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 tocreate a Quonset hutstyie greenhouse. Mr. Hawkins, supported bythe Texas Association of Nurserymen, claimed that these greenhouses, which he referred to as "covers", were in reality only implements ofhusbandryand should be exempted from taxation under Tex. Prop. Tax Code § 11.161. The trial court and court of appeal, ruled in favor of tE: - 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, I M. Huber Crooration. Calcium Carbonate Division v. Burnet County Ajtpralsal Dlstrfcl 808 S.W.2d 613 (Tex.App: -Austin 1991, writ den'd) I J. M. Huber Corporation failed to render, for a number of years, a substantial rock crushing plant in Burnet County in spite of repeated requests of the appraisal district to make a rendition. Hubermade substantial improvements to the 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 hen 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 Jay, by express delivery, a document arrived from Huber addressed to the chief appraiser. The document was essentially a letter from Huber indicating what it thought the value of the rock crushing plant should be. The chief appraiser filed 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 In assoclarlom w&b Hayes, Coffey & Berry, P.C. {J9t1dAN0 42 taeadeltetr► - s• • • district when it would have its protest hearing before the ARB. The appraisal district indicated that the ARB process was over and that l lubet 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. •297-CV, FMS Union Real Estate Cnveitment• v. Taylor Con Apnrdsd District 3 . rylor County ppraisal Review Board, 758 S.W.2d 380 (Te:.App.-IEastland 1988, writ recd n.r.e.) The property owner filed a confusing document concerning the authority of its agent. The 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. e ' McCreary, Veseitn, Bran & Aller In asweld4on Ok Hayes, Coffey & Berry, P,C, OM No 43 f U r 1 A L 1 e o al a~i' i'e I ca 0 C. PROFILE OF THE PARTNERS OF McCREARY, VESELKA, BRAGG & ALLEN, P.C. JACK H. McCREARY, the senior member of McCreary, Veselka, Bragg A Allen, 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. MrCreary is a rioted authority on property taxation. Since 1951 he has conducted a wide array of tax services for counties, cities, schools, special districts and other authurities. He holds the designation from the State of Texas of Certified Texas Assessor and Registered Professional Appraiser, Through the years he has provided pmperty lax advice to Texas governors and legislators, having testified before legislative committees considering property tax legislation. Mr. McCreary has served as a Director of interFirst Bank, Austin, Texas and as Board Member of Buckner Baptist Benevolences, Dallas, Texas. He is a former Committee Chairman of the Legends of 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.B.A. (1950) and J.U. (1951) degrees from Baylor University. SHELBURNE (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. He has been a member of the Firm since 1971. Mr, Yeselka has extensive experience in tax litigation, both in the trial courts and appellate courts. He has personally conducted the sale of thousands of parcels of real property and performed numerous summary seizures of personal property. Mr. Yeselka has addressed many civic organizations and professional tax organizations on property tax matters. He is certified by the State of Texas as an instructor in the Property Tax Law and Advanced Tax Collections couraes required for all tax assessor-collectors by the State 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 familymoved to Houston in 1956 where he graduated fi-orn 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 to the rank of Captain, was awarded the Bronze Star, the Purple Heart, and the Combat Infantryman's Badge. After being honorably discharged from the Army, he. entered the University of Texas Law School where he received a Doctor of Jurisprudence degree in 1971. Mr. Veselka isa member ofthe Stale Bar of Texas and is licensed to practice in the U.S. District Court for the Western District of,rcxas. ! Mr. Veselka has fourchildren and two grandchildren. His interests include golf, waters[oits A gB1e 0 sporting events, soccer and travel. lie is a member of Tarrytown United Methodist Church. McCreary, Veselka, Bragg & Allen In assocladon with Noyer, Coffey & Berry, P.C. 44 ApOl Late • • r GILBERT T, BRAGG 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. Ile received a B.B.A. degree in 1972 along with a commission as a Second Lieutenant in the Air Force. fie received his Doctor of Jurisprudence degree from the Baylor University School of Law 10973. 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 rollection litigation. He is 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 former Chainnan of the Church Trustees. HARVEY K A LLEN is the partner in charge of the delinquent tax collection programs and provides legal representation lothe Midland Central Appraisal District, Bowie CountyAppraisai District,and the Tax Appraisal District of Bell County, among others. He has been a member of the Firm since 1981, fie is active in all phases of the Firm'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. Mr. Allen is an authority on the Financial Institutions Tlcform 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 Andersen & Co., Certified Public Accountants, in Houston, He has participated innumerous audit engagements involving Fortune 500 companies. Mr. Allen is a member of the Texas Society of Certified Public Accountants, Mr, Allen, from Houston, Texas, graduated from Spring Woods High School. He attended Baylor University and obtained a B.A. degree in 1975. Mn Allen entered graduate school and received a Masters in Business Administration degree in 1977. After working inpublic accounting, he returned • toBaylor University School of Law and received a Doctorof Jurisprudence degreein 198 1. Mr.Allen is a member of the State 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 where he serves as a deacon and on the Finance Committee of the Church. He has also served on the Board ofthe Parent-Teacher Association of his sons' elementary school. His interests include golf, fishing and travel McCreary, Vesellu, Bragg & Allea - In association with Hayes, Coffey & Berry, P.C. NO 45 I~ 0 w • 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. He is a 1980 graduate with a J.D. degree from Baylor University School of Law, Mr, Meyersserved 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 thesupervision of thecollection of taxes forthe 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. Meyers joined McCreary, Yeselka, Bragg & Allen on January 1, 1987. Mr. Meyers as the managing attorney for the Waco office 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. He is a frequent speaker for the Texas Association of Appraisal Districts and Texas Association of Assessing Officers. Mr, Meyers is a certified instructor by the BoardofTax Professional Examiners and teaches several tax courses throughout the State. Mr. Meyers is a member of the State Bar of Texas and practices before the trial and appellate courts of this State. He 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 office. 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 witha degree in History and Political Science, and served asanoflicer 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, Veselka, Bragg & Allen at that time. He is admitted to practice n law in the state courts of Texas, the Federal District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, as well as the Fi fth Circuit Court of Appeals. Sincejoining the Firm, Mr. Reed has largely focused on bankruptcy problems facing ad valorem tax { jurisdictions. He 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 tax • O problems throughout the state. - McCreary, Veselks, Bragg & Allen In assocladon with Hayes, Coffey & Berry, P.C. 46 Apeade4terrlp,....,......,,,.....a... ab • 1- ~ • Apart from bankruptcy practice, Mr. Reed has been active in soliciting passage of useful ad valorem tax legislation in the Texas Legislature. Along with NarveY Allen, he has obtained Legislative sponsorship and passage ofpertinentadvalorem tax measures that benefitall taxjurisdictions. Along with such active participation 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 in making the necessary adaptations to comply with school funding system changes, Along the same line, when thr. CED funding system was challenged in Federal Court, Mr. Reed participated in the defense of the school districts in the Federal District Court and Fifth Circuit proceedings. Mr. Revd has been a frequent speaker and publisher for associations of appraisal district personnel, tax officials, other tax professionals, and school officials, as well as for the West Texas Bankruptcy Bar and the Ad Valorem Tax Section of the State Bar of Texas. D. KIRK SWINNEY joined the Fimt in April, 1990, Mr. Swinneyprovides legal representation to our clients in the areas of bankruptcy and appraisal district litigation. He has extensive experience in the United States Bankruptcy Court, Mr. Swinney has litigated numerous cases before the Bankruptcy Court while protecting the interest of taxing units from the claims of competing creditors and against the Trustee of the debtor. lie currently has several Bankruptcy Court cases on appeal to the United States District Court and the U.S. Fifth Circuit Court ol'Appeals. Prior to joining the Firm, 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. lie 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 Attorney". Since joining the Firm, he has successfully litigated several appraisal district cases and participated in and successfully settled numerous others. Mr, SK,inney 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, Wester, and Eastern Districts of Texas, the Eastern and Western District of Arkansas, the Fifth Circuit Court of Appeals, and the United States Supreme Court. He graduated from Lubbock Christian University (B.A. 1981 Summa Cum Laude) and Texas Tech University School of Law (J.D. 1984). lie is a member of the Texas City Attorneys Association, State Bar of Texas, and Christian Legal Society. ROY L. ARMSTRONG joined the.ustin office ofour Firm on February 15, 1988. Mr. Armstrong has extensive experience representing tax units and appraisal districts and has practiced before numerous Courts of Appeal and the Supreme Court of Texas. Prior tojoining our Firm, he practical with a private law firm in Dallas and represented the Dallas Central Appraisal District in cases such as ]alias County Appraisal District vs. Institute for Aerobics Research. Dallas County Appraisal District vs. L. D. Brinkman & Co., and Dallas County Appraisal District vs. New. Mr, Armstrong McCreary, Veselks, Bragg & Allert In association with Hares, Coffey & Beny, P.C. AQII W 47 4 o 0 • ca • 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. Armstrong holdsdegrees 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). RODNEY B. DOWDjoined the Firm in January, 1988. Mr. Dowd is the Managing Attorney of our Longview office. He graduated from Baylor University with a H.A.A, in Economics in 1976. He received his J.D. from Baylor University Law School in 1979. Upon admission to the State Ber of Texas, he served as general counsel for an oil and gas company for six years and was in private practice for three years before joining our Firm. Mr. Dowd is a member of the State Bar of Texas, 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. KEY PROFESSIONAL STAFF CLYDE M. 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. C'raigen'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 implementation of extensive integrated word processing and data processing systems. Management ofoffice 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. Before joining the Finn, Mr. Cralgen was a Tax Account Supervisor of the Ad Valorem Tax Division of the State Comptroller of Public Accounts, There he accounted for State Ad Valorem Tax funds and approved Slate delinquent tax contracts. He holds the designation of RPA and is a member of • the 'texas Association of Assessing Officers. fie also is a member of the Tax Assessor-Collectors Association of Texas and has served as Secretary -Treasurer of that Association, He is at, alumnus of the University of Texas. LUCINDA (CINDY) WILCOXEN is Director of Data Processing. She became a member of the 0 Firm in 1976 after graduation from Mary Hardin-Baylor University. With eightecr years of • • experience in delinquent tax collections, Ms. Wilcoxen coordinates the development, docu nentation and maintenance of the MVBA computer system. She supervises computer data conversions and all McCreery\ Veselks, Bra=g do Allen in essociadon wish Hayes, Cotrey & Berry, P.C. ~0------- 48 F Ulte r kr, \r '.1 IN{rl♦'Y}L f~ r : X14 t i data processing applications. During her years with the Firm, she has processed data from every make and model of computer hardware and software which arc installed in tax offices across the state. • McCreary, Veselka, Bran k Alks to aasoefatlon wkh Hayes, Coffey & Berry, P.C. 49 4Aendaltern Date 0 E. PROFILE OF THE PARTNERS OF HAVES, 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 Judge of the United States District Court for the Western District of Texas. He is Board Certified by the Texas Bo;,:d of Legal Specialization in Commercial and Residential Real Estate Low. He is licensed to practice in Texas Courts and the United States DL!ricts for the Northern, Eastern, Southern and Western Districts ofTexas, the Courtsof Appeals for the 5th and I I th Circuits and the Supreme Court of the United States of America. Member: Denton County Bar Association (Director/President). State 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 24th and 251h Texas Special Olympics. Ile 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. COF'FEY 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 Association, State Bar of Texas (School Law and Family Law Sections), American Bar Associat ion, the Texas 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 of civil trial litigation, banking, 'imily law, governmental, and school law. BYRON R. BERRY received his Bachelor of Business Administration degree in accounting from Texas *A' ech University and his law degree from South Texas College of Law. He is also licensed by the Texas State Board of Public Accountancy as a Certified Public Accountant, He is licensed to practice in Texas ^ourts and the United Slates District Courts for the Northern and Eastern Districts of Texas. Member: State Bar of Texas, Denton County Bar Association, Cooke County Bar Association, Donlon County Society of Certified Public Accountants, United States Eastern District 0 Court of Texas Bankruptcy Bar, The American Bar Association, American Institute of Certified Public Accountants, Dallas Chapter Texas Society of Cer lified 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 HLver Hospice, He practices in the areas oFtax, 0 busines:,, bankruptcy, corporations, probate and estate planning. • O McCreary, Veselks, Braga & Allen - In association Wilk Hayes, Coffey & Berry, P.C. so 0 0 • • E PROFILE OF THE ATTORNEYS AND KEY PROFESSIONAL STAFF OF HAYES, COFFEY & BERRY, P.C. ATTORNEYS RANDOLPH W. STOUT received his Bachelor of Arts degree in history from the North Texas State University (now University of North Texas) and his law degree from South Texas College of Law. Pd or to entering law school Mr. Sioul taught in the public schools ofGainesville, Texas for five years. He is licensed to practice in all Texas Courtsand is Board Certified in Family Law by the Texas Board of Legal Specialization. Member: Denton County Bar Association (Director/Secretary), Stale Bar of Texas (Litigation and Family Law Sections), C-)Ilege 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 of 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 Eastem 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 Multiple Sclerosis Walk-a-thon Volunteer; 1992- 1994 Career Day Speakerat Denton High School -Ryan. He practices in [he areas of civil litigation, commercial and residential real estate, commercial and consumer collections, commercial slid residential leasing, and governmental law, TIFFANY HAERTLI NG, 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 for the Northern Distdctof Texas and in the United States District Court for the Eastern District of Texas, Member: State Bar of Texas (Governmental, Litigation and Family Law Section), Texas City Attorney Association 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 Hickory Creek, Argyle, Aubrey, Oak Point, Pilot Point and Ponder, Civic services include the following: Multiple Sclerosis Walk-a-thou 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. A - McCreary, Vesellu, Bragg & Allen - In assockdon with Hayes, Coffey & Berry, P.C. 51 Date__.___.._.__ • • TOM DIRICKSON received his Bachelor of Arts degree from the University of North Texas, his E 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 Piano ISD 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. Dirickron is a recipient ofan Academic Achievement Award in Land Finance, Fall, 1992. Member: The American Bar Association, the State Bar of Texas (School, Consumer and Administrative Law Sections), the Denton County Bar Association, Texas Association of School Boards Council ofSchool Attorneys, and The National Organization on Legal Problems ofEducation (NOLPE). He practices in the areas of school law, administrative law, civil litigation, real estate, commercial and consumer collections, KEI PROFF,SSIONAL STAFi MARIE CHAVEZ is a paralegal. Ms. Chavez attended Georgetown University, majoring inEnglloh and court reporting. Ms. Chavez graduated from VT] 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 Commission, Security and Exchange Commission, Interstate Commerce Commission, and the National Labor Relations Board. Ms. Chavez joined the firm in 1987. Afs. Chavez is presently a member of the Greater Denton Legal Assistants Association and State Bar of Texas Legal Assistants Division, VICKI WARD is a paralegal. Ms, Ward graduated from Cooke County College in 1993 with an Associate's Degree in Legal Assisting, Ms. 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 frorn Stephen F. Austin University h, 1987, and from the Southwest School of Court Reporting with a Paralegal Diploma ie I W2. • THERESA BENTON is a paralegal, Ms. Benton has workedas a ingal secretary/legal assistant for the last fifteen years for various attorneys in Cooke and Denton Counties before coming v) our firm. McCreary, Veselks, Bragg & Allen In aaaorladon with Hayes, Coffey & Berry, P.C. VMNO - 52 Dote • w • IV. CLIENT REFERENCES A. CLIENT REFERENCES OF McCREARY, VESELKA, BRAGG & ALLEN P.C. McCreary, Yeselka, Bragg A Alkn# AC, has an established delinquent tax collection program in Denton County. We are pleased to provide the following list of clients and encourage you to contact them regarding our collection services and legal representation. A complete list of our clients is included as EXhil:it 13. Denton County City of Poet Point Ms. Mary HomTax Assessor-Collector Ms. Carolyn Boemer P. 0. Box 1249 City Administrator Dcraou, Texas 76201 100 E, Main Street (817)566.7908 Pilot Point, Texas 76258 (817)686-2165 Argyle Independent School District Mr. Mickey Koonce Ponder Independent School District Superintendent Mr. Jimmie" Baker P. O. Box 989 Superintendent Argyle, Texas 76226 P. 0. Box 278 {817}464-7241 Ponder, Texas 76259 City of Argyle (817)479-2266 Ms. Sarah Stone Krum Independent School District R O. Box 1035 Mr. James Bible Argyle, Texas 76226 Superintendent (817)464.7273 P. 0. Box 158 Aubrey Independent School District Krum, Texas 76249 Dr. James Monaca (817)482.3794 Superintendent Sanger Independent School District 415 Tisdale Ms. Delores Watts 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 City of Sanger 107 South Main Street Ms. Rosalie Oarcia Aubrey, Texas 76227 Tax Assessor-Collector Pilot Point Independent School District P. O. Box 578 Ms. Carol Coffee Sanger, Texas 76266 Tax Assessor-Collector (817)458.7930 ' ® 828 South Harrison • Pilot Point, Texas 76258 (817)686-5221 r McCreary, Veselka, Bran & Allen - for erroeledon wok Haym Coffey & Herry, P.C. N0 53 Dft, , • • r The following are client references fuom 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 LS.D., City of Belton, Acad- c/o Room 127 emy LSD., Bartlett LS.D., Holland LS.D., Killeen Count., Courthouse LSD., Rogers LS.D., Salado LS.D.,Temple LSD., Victoria, Texas 77901 City of Bartlett, City of Holland, City of Morgan''s (512)57) 4558 Point Resort, City of Nolanville,City of Rogers, Comanche Hills Utility District, Donohoe Creek Dis- Harrison Central Appraisal Dletrict irict, Elm Creek Watershed District, Heldenheimer (Marshall LSD., Waskom LSD., Harleton WC.LD., Little River W.C.LD. N2, Morgan's Point LSD.,HallsvilleLS.D.,KarnackI.S.D.,City of W,C,ID., Nolan Creek 46, Nolanville W.CLD. M3, Marshall, City of Waskom, Harrison CE. D.) Temple Junior College, Moody LSD., Troy LSD., Mr, David Whitmire C7tyofTroy, Darrs Creek Watershed Districi, Anted- can Educational Complex, City ofLittle River, City of Chief Appraiser P. O. Box F118 Saldo, City of Heidenheimer, Florence LS.D., Bell CE.D.J 308 Gast Austin C. Watson Marshall, Texas 75670 Mr. Mike Appraiser ass (403)935-1941 P.Chief O. Box 390 Waco Independent School District Belton, Texas 76513 Mr. Thomas E. Kelly (817)939.5841 Assistant Superintendent for Finance Waco Administration Building Central Appraisal District of Taylor Co. 10th Floor (Taylor Co.,MerkelLS.D, WylieLS.D.,AbileneLSD, 501 Franklin Avenue Jim Ned I.S.D., Trent LSD., City of Abilene, Eula Waco, Texas 76701 LSD., Taylor C.F,.D., Tuscola Taylor County Fresh (817)752.8341 Water District, West Central Texas Municipal Water District, Valley Creek W.C.D., Elm Creek WCD., Midland Central Appraisal Dalttict City ofBh faloGap, City oflmpact, City afLawn, City (Midland LSD„ City ofMldland, Midland Co. of Merkel, City of Trent, City of Tuscola) Hospital District, Midland Co. JnniorC do' ge District and Midland/Andrews County Educa- Mr. Richard Petree 1 tionDistrict) Chief Appraiser P.O. Box 1800 • Mr. Ronald Stegall Abilene, Texas 7%04 Chief Appraiser (91576.9381 P. O. Box 908002 Midland, TX 79708.8002 Longview Independent School District (91599-4991 Dr. R. L. McMichael Superintendent P. O. Box 3268 Longview, Texas 75606 ' • • (90:)753.0206 y McCreary, Veselks, drnn & Allen in ossocladon with Hayes, Coney & 19erry, P,C' ~ATIdBNR - 54 lgendeit , { la1P z • , • ~ i V Ifr ~~il try ~ Jr, ~ {.t A "1 I l13 t f-ti. • 0 • r B. CLIENT REFERENCES OF HAYES, COFFEY & BERRY, P.C. Hayes, Coffey A Berry, P.C. has an established 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 Boemer Superintendent P. 0. Box 457 1307 N. Locust Pilot Point, Texas 76358 Denton, Texas 76201 (817)86-2165 (817)387.6151 Town of Hickory Creek City of Argyle Ms. Elizabeth Penny Mayor Jenkins P. 0. Box 453 506 N. Highway 377 Hickory Creek, Texas 75065 Argyle, Texas 76226 (817)686-2165 (817)4647273 MHMR of Donlon County Sanger Independent School District Ms. Cindy Sill Mr. Mike Rosenberg Administrator Superintendent 515 S. Locust P, 0. 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 i City of Oak Point Mayor Harold Bowden {J • P. O. Box 818 Oak Point, Texas 75068 (214)294-2312 - McCrc.,,ry, Vemiks, Bragg & Apra !n aaocletlon Wkk agendalVO Haytk Cofty & Berry, P.C. Date__ • • - ;F `tisk ~"~~~7SptJt~~i~r~¢i~'t^11~J~ ;'SS', '~f5 'j,*~~, K • e V. RELATED ISSUES A. COMPENSATION OF THE LAW FIRM ATTORNEY'S FEES McCreary, Veselka, Bragg & Allen proposes a fee of fifteen percent (I 5%) of the delinquent property 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 in direct relationship to the quality of our performance. Each subseque;n year of delinquent property tax would enter into the terns 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 penalty 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 taxpayers during the month of May each year. This statute 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 1•ees 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 shall be paid to the Firm by check each month. The Firm will begin collecting current year personal property tax accounts on March lst of the year they become delinquent. However, the City shall not owe the Finn a fee for the current year personal property taxes collected between March lst 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 to at least sixty percent (601/o) of e the base tax for the current tax year during the first year of delinquency. We have met this goal in the past and we will continue to achieve this goal in future years. The penalty for failure to meet this goal is $7,500,00, as stated in the contract. We will meet with the City staff at the beginning of each fiscal year and establish collection goals. A proposed contract is included as F,xhibit 14. This contract provides that the City may terminate e the contract. In the event the City were to become dissatisfied with the Firm's performance, the City . could exercise its right to terminate the contract. At the end of the contract all tax files will be turned over to the City Attorney. McCreary, Veselks, Bragg & Alien In assocladon wit* Hayes, Coffey & Berry, P.C. 56 igendalterrl, . „N • • SUPPORT SERVICES AND REIMBURSEMENT The City currently allows the Firm to use a 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 workingarea, 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 personal property, mass mailings of delinquent tax notices, the filing of delinquent tax suits, and public auctions of real property. All of our press releases are 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 do 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- tions as Rotary (Byron Berry is President-Elect), K.iwanis 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 Board, and Denton Chamber of Commerce, with Richard Hayes being the immediate past Chairman 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. INTERVENTIONS The Firm intervenes in all suits for property taxes tiled 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, Veselks, BroU & Allen in assocladon wfrh Hayes, Coffey & Berry, P.C. V "No 57 Age felt • q • McCreary, Veselka, Bragg A Allen represents the County of Denton and the City of Denton. It is our policy to include all taxes due all jurisdictions that are 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 interventic. fees charged by the District Clerk. D- DISPOSITION OF EXISTING LITIGATION McCreary, Veselke, 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 file now suits. E. REPRESENTATION IN ALL PROPERTY TAX MATTERS McCreary, Veselka,Bragg AAllen provides legal guidance, opWonsandrepres,ntationonproperty 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 the budget planning process. 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 significant court decisions, opinions, rulings and legislation involving property taxation to our clients, An example ofa recent opinion letter for the City of Denton regarding the resale ofproperty acquired • at a Sheriff sale is included as Exhibit 12. McCreary, Veselka, Bran & Ailes i In aruelorion with Hayes, Coley & Berry, P.C.` r 1, f at k' • 0 • F. EQUAL EMPLOYMENT OPPORTUNITY McCreary, Veselka, Bragg & Allen, P.C. (MVBA) is an Equal Opportunity Employer and complies with EEOC guidelines, Applicants for position are considered based on their qualifleations 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: Angio 111441alle Atilt rkaat Aftmeys 8 0 a - Mak Mak Prv€asdonal Sttafg' (L "d Ada 30 1 to - Faaak 13-Mak tip Mtau Ar") S"p"t sftff 36 6 2 u • Female 6-Male 5•Female Delft o ,0E1111la 4 1 0 - Mak Hayes, Coffey A Berry, RC., is an Equal Opportunity employer and complies with EEOC guidelines. Applicants for employment are considered without regard to race, color, religion, sax, national origin, age marital or veteran status, the presentees of a non-job-related medical condition or handicap, (W any other legally protected status, The ethnic makeup and sex of our staff is as follows, seven attorneys, six male Anglo, one female Angio, nine support staff, eight female, one male, one Hispanic, one American Indian and one senior citizen, • r• - McCreary, vesettu, Bran & Allen In *SAV1Wlan WA Hayes, Coffey & Berry, P.C. AW*NO 59 d~.-.......y,.,,.,,_ d!!18 t t 0 • G. FINANCIAL STRENGTH McCreary, Veselka, Bragg A Allen, AC. I,as been in existence since 1960. With ovor 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 their comments on our financial strength: Mr. Keith Griffith Mr. Mike Litterest Senior Vice President Vice President Bank One First State Bank P.Q. Box 9789 P.O. Box 3550 Austin, Texas 78766 Austin, Texas 78764 512-467-5733 512.495.1000 1 • McCreary, Veselks, Bray{ & Alku In esaocladvio with Hayes, Coffey & Berry, P.C. 60 ApgAdbf~tR r-- r"^ 1E OS'~d . . • - p • VI. EXHIBITS • McCreary, Veaelka, Brqg Allen IN "Welad" With Hayes, Coffey & atm. P.C. AaAfldQ~ 61 Opts... - . • • Ukiibil i - UEIAM }.h'f'IEK McCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW P.O. BOX AUSnw, 7Y.W M35-"" '~nl August 3, 1994 1 RE: City of Denton ~¢endeNo 061 2p82 00C.3 S 000507 ~q< dl ILd,ll~.,l,IIJdI„AhI,lI,lL„I YOUNG, C'HARLFS owe- _ 825 DA.NT'ON ST DENTUN TX 75201-2861 NOTICE OF DELINQUENT PROPERTY TAXES I)Lar 'taxpayer: This law firm has been retained to collect delinquent property Maces due to City of Denton. The tax records show delinquent taxes on property assessed in your name, as follows: ACCOUNT N: 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 A 8 31 If you believe that these taxes are paid, please forward your cancelled checks or tax receippttss evidencing payment to our Denton Office, 207 W. Hickory, Suite 101, Denton Texas 7b201, so the records mayy be verified. 17" YOU HAVE PAID THFNE TAXF_S SINCE JU1LV 1, JIM% ..AS. DS tErVAU THIS NOTICE. 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 ca scuss this delinquency with a representative from this office, please contact our office in Denton at (817) 387-7475. 1 Payment must be made to City of Denton and sent directly to Tax Assessor-Collector, Tax 1 Department, 215 E. McKinney St., Denton, Texas 76201-4299 (817) 566-8319. • RETURN THIS LETTER TO THE TAX OFFICE WITH YOUR PAYMENT TO INSURE PROPER CREDIT. Very truly yours, • la mc teary ' 0 d' • I- ~ • LAnltlll ~ - UL,'ln.,u ..y ubA _ MCCkdARY, VESELKA, BRAGG & XI LEN, P.C. ATTORNEYS i T LAW AUSTIN, TEXAS 78955-0990 May 12, 1995 (c~ f~ P LE AW4 No John Smith AryetldtlftOttl 3413 Sunnydale L~i9 Denton, Texas 76201-8407 NOTICE OF INTENT TO FILE SUIT 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 taxing 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 applicable, to any institution or Individual holding a recorded lien on this property, Sincerely, J118n6 GTB/SLB cc: Tax Assessnr-Collector, City of Denton, Tax Delutrtment, 215 E. McKinney St., Denton, Texas • 76201-4299 s iiniµ'Tin r r,rsIr~a~n ti ~ "1 ,T 'rY. yy44 N , y a f - HFW OWNER L 'VIER HHLHI'L S MCCREARY, VESELKA, i3RAGG &LEiY, P.C. ~pt}Q~NO- ATTORNEYS AT LAW 10.0. 1u)x spa 4 ItMR~ AUSTIN, TEXAS 78155-0940 May 12, 1995 imTT Mr. John Smith 3413 Sunnydale Denton, Texas 76201-8407 Re: Delnnqquent taxes due on property described as LOT 13, BLOCK D, SUNVALLRY ADDITION, DEOON COUNTY, TEXAS, 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 tau records reveals you to be the new owner of the above described property. Delinquent taxes are due as follows, if paid during the month of May, 1995: 1992-1994 $1,284,48 City of Denton, a municipal corporation Property taxes are a lien against the property, Under Texas law the current owner is responsible for the payment of the delinquent taxes to protect his interest in the property. The property description, years due and the amount due, If paid during the month of May, 1995, are shown 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 office in Austin. Sincerely ii rf T, Bragg GTB/SLB cc: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas 76201-4299 s ' Jag 151C 4Tt • ti's • LA61U 11 Y Ll Wr11VLV Lp yLL I L11 MCCREARY, VESELKA, BRAG & ALLEN, P.C. A801tt1ANp _,...........r- ATTORNEYS AT LAW pl P.17. INA 26990 AUSTIN, MAN 78755-09'M May 12, 1995 ~ - Bank 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 party, please advise us accordingly, in order that you will not be included In the suit. Unless we have been advised 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, The tax lien is a superior lien and our foreclosure action will extinguish your lien on the property. i 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, Sincerely, iI ri T, Bragg GTB/SLB cc: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St,, Denton, Texas 76201-4299 • • own • as • r MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAZY P.D. PAM I&M AUSTIN, TEXAS M554W May 12, 1995 Mr. John Smith 3413 Sunnydale Denton, Texas 76201-8407 Ikte_ NOTICE OF CANCELLATION OF PAYOUT AGREEMENT & NOTICE OF INTENT TO FILE SUIT 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 loner 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. 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, ~t/ yq" tl ri': 'T. Bragg j • GTBlSLB C: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas 76201-4299 • r -~r~yQ{"r'y~`Pf6W iu~"„` "tt ~zl Sep," /gyp - - ,1 F W On `1UI(i~ll f'wIH' /Y1~111>t i I i1 M«Y~1M IM. 019 • _ as • MCCREARY, VESELKA, BRAGC & ALLEN, P.C. ATTORNEYS AT LAW AUSnN, TEXAS M "M January 18, 1995 Dale _ RE: City of Denton . ~ *95* 061 2020 00 t 960 S 000426 SOPS MANUEL, CELIA R 950 S FLOWERS INGLEWOOD CA 90301 NOTICE OF DELINQUENT PROPERTY TAXE 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 N: "BAR(S) DUE: 02957300000 85.93 PROPERTY DESCRIPTION; TOTAL DUE: $707.25 SOLOMON HILL 1, BLOCK 2, LOT 2, IF PAID DURING January, 1995 9/1601/ICISCO AB 1184 If you believe that these taxes are paid, you must forward your cancelled 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 THRRE TAXES SINCE D 1'EMBE 31 1994 PLEASE DISRRIAR 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 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 YOUR PAYMENT TO INSURE PROPER CREDIT. • Very tntly yours, • • C 1a Mc «ary • 0 • ca • EXHIBIT 7-a PETITION No. CITY OF DENTON ET AL vs. JOHN SMITH IkltB IN THE DISTRICT COURT OF DENTON COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT; 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. Defendants are: John Smith, 3413 Sunnydaie, Denton, Denton County, Texas 76201. it407; Bank One, Lienholder (In Rem Only), a Texas banking corporation, upon whom service may be had by delivering a citation to its President or any Vice-President, 1200 University Drive, Denton, Denton County. Texas 76201-2153, who own or claim some interest in the hereinafter described property, which is situated in Denton County. The Denton Independent School Dislricl 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 hereinafter described property. If. All above named defendants own or have an interest in the property shown on attached Schedule A, 111. • 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 years and in the amounts as shown on attached Schedule A, which is'ncorporated herein by reference and made pan of the allegations of this Petition. IV. • That all said taxes were authorized by law and each political subdivision in 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 requited by law to be done have been duly and legally performed by the proper officials. • . • • .w•.~r.r~.n~n~r.. O 5'11 Y( fl ~~ti~ Fs 4}{t~('I': • • Vr ;11VV l td V, V Y~ I~ V. 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 and assessed against the persons, firms, or corporations, respectively, for each delinquent year, which persons, firms or corporations were on the Ist day of January of such year the lawful owners of such property, and in the alternative,•Plaintiff says that f 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. VII. 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. VIII. WHEREFORE, Plaintiff prays for judgment for foreclosure of the tax lien against the property described on attached Schedule A securing the payment of the delinquent property taxes set out on attached Schedule A, together with alt accrued statutory penalties, interest, attorney's fees and costs and subsequent year taxes or expenses that are, or will become, lenaliy due and owing under the provisions of Sections 33,42, 33.48, 33.01 and 33,07 of the Property Tax ode. Plaintiff also =rays for personal judgment against said defendants who had an ownership 'interest in the property described on attached Schedule A on January Ist 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 fire 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. Notwithstanding any language contained herein to the contrar, Plaintiff further prays that personal judgment shall not be imposed against any parties designated n rem. McCREARY, VESELKA, BRAG G & ALLEN, P.C. and HAYES, COFFEY & BERRY, P.C. Attorneys for Plaintiff PA. Box 26990 Austin, Texas 78755 512451-9000 1 Zz~ Y Gilbert T. Bragg State Bar #02857500 igettdeNo ti~ettdalhtnt )ills • tXH1HL'f 7-c V 1 L L. I SCHEDULE A ig rWaNa DELINQUENT TAXES DUE City of Denton, a municipal corporatiorApmal ' IJ818 ACCOUNT NUMBERi 03130200000 PROPERTY DESCRIPT.iONi LOT 13, BLOCK D, SUNVALLEY ADDITION, DENTON COUNTY, TEXAS being that property more particularly described in VOLUME 246, PAGE 1345 OF THE DEED RECORDS, DENTON COUNTY, TEXAS ASSESSED NAMEi SMITH, JOHN ID NUMSERi 9526MUCE YEAR BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL DUE INTEREST PENALTY FEES FEES 5/95 1992 199.91 79.96 41.98 100.00 421.85 1"3 409.14 114.56 78.56 602.26 1994 318.91 41.46 64.06 414.43 927.96 235.98 120.54 54.06 100.00 1,438.64 R * * * * * 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 R R R R * # • TOTAL AMOUNT DUE IN SUIT BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL INTEREST PENALTY FEES FEES DUE 927.96 235.9!! 120.54 54.06 100.00 1,438.54 6/95 1,462.87 6/96 • THE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF THE • O COUNTY WHERE THE SUIT IS FILED. TEXAS LAW MAKES YOU RESPONSIBLE FOR PAYMENT OF THESE FEES. PLEASE CONTACT THE DISTRI(f CLERK FOR THE AMOUNT DUE. THESE FEES MUST BE PAID BEFORE THE SUIT MAY BE DISMISSED. • 0 s.yi ~v 1 J i`' i i CAUSE NO. _ IN THE DISTRICT COURT OF DENTON COUNTY, TEXAS CITY OF DvNTON ET AL E JOHN SMITH `LI~MCCRFARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS FOR PLAINTIFF AQMNIANO - - P.O. Box 26990 Austin, Texas 78755 DEFENDANT TO BE SERVED: John Smith, 3413 Sunnydale, Denton, Denton County, exas 76201-8407 RETURN OF CITATION BY PERSONAL SERVICE IN A DELINQUENT TAX SUff 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 txua copy of this citation, at the following time and place, to-wits NAME OX DEFENDANT MONTH DAY YEAR HOUR MIN, AM/PM WHIRR SERVED FEE for Service $ _ SHERIFF, County, Texas By , Deputy RETURN OF CITATION BY CERTIFIED MAIL 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 ADDPASS CERTIFIED DATE DATE RETURN OF DEFENDANT MAIL REC! MAILED RECTI RECVD • OR CLMR , DISTRICT COURT SHERIFF, County, Texas DENTO:s COUNTY, TEXAS By Deputy By , Deputy • ' i • FEE for service $ i j • • EXHIBIT )-e 77 CITATION DELINQUENT TAX SUIT QItB THE STATE OF TEXAS 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 file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation, a default judgment may be taken against you, You must answer the petition of City of Denton, a municipal corporation, Plaintiff, filed in said Court on 19 against John Smith and Bank One, Lienholder (In Rem Only), Defendants anterve in ng 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 being numbered on the docket of said Court number . The total amount of delinquent 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 dpescribed 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 foreclosure of tax liens securing the payment of the same as provided byy law, However, Plaintiff does not seek to impose personal liability on defendants designated as lienholders or designated as in rem. All parties io this suit, including Plaintiff, Defendants, and Intervenor, shall 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 parties shall take notice of and plead and arut.ver to all claims and pleadings now on file and which may hereafter be filed in this cause by all other parties hereto, and by all of those taxing units above named, who may intervene herein and set up 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, Texas, this the day of 19_ Clerk of the District Court of Denton County, Texas By Deputy Clerk • i • • t Jr v ~±t J ,+i'sn+' • f.AILL I]11 I -L a IIQ I; r; SCHEDULE A [Iw DELINQUENT TAXES DUE City of Denton, a municipal corporation ACCOUNT NUMBER: 03130200000 PROPERTY DESCRIPTION: LOT 13, BLOCK D, SUNVALLEY 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, JOHN ID NUMBER: 9526MUCE YEAR SASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL DUE INTEREST PENALTY FEES FEES 5/95 1992 199.91 79.96 41.98 100.00 421.85 1993 409.14 114.56 78.56 602.2E 1994 318.91 41.46 54.06 414.43 927.96 235.96 120.54 54.06 100.00 1,438.54 ~ R • R R R I, AMOUNT DUE City nf Denton, a municipal corporation BASE TAX PENALTY & SAC. 33.07 ATTORNEY ABSTRACT AMOUNT INTEREST PENALTY FEES FEES DUE 927.96 235.98 120.54 54.06 100.00 1,438.64 S/95 1,452.87 6/95 R A ♦ • R TOTAL AMOUNT DUE IN SUIT e BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL INTEREST PENALTY FEES FEES DUE 927.96 235.98 120.54 54.06 100.00 1,438.54 5/95 10452.87 6/95 • THE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF THE • • COUNTY WHERE THE SU I' IS FILED. TEXAS LAW MAKES YOU AMPONSIBLE FOR PAYMENT OF THESE FEES, PLEASE CONTACT THE DISTRICT CLERK FOR THE AMOUNT DUE. THESE FEES MUST BE PAID BEFORE THE SUPT' MAY BE DISMISSED. 3 4 Ilk I., • • MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW P.Q. EQ% AUSTIN, TEXAS 71733-ow May 12, 1905 v LL Mr. John Smith ~pt)tldQNt?, 3413 Sunnydale Denton, Texas 76201-8407 4Qendel NOTICE OF TlUA ate - Re: Cause No. 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, ete.) due the Clerk of the Court must be paid before the suit may be dismissed. Pfau contact the Clerk of the District Court for the amount due, i Sincerely, all ri T. Bragg t3TB/SLB cc: Tax Assessor-Collector, City of Etnton, Tax Department, 215 E. McKinney St., Denton, Texas 76201.4299 District Clerk, Denton County • ~1tn "rwr r n r M 1 I » L r i W • ~ a CAUSE NO. ####i'.. 7 CITY OF DENTON § IN THE DISTRICT COURT PLAINTIFF § Agenda No V. § JUDICIAL DISTRICT Agtmdalt § ~t8 JOHN SMITH § DEFENDANT § DENTON COUNTY, TEXAS JUDGMENT On May 12, 1995, came on to be heard the above numbered and entitled cause, wherein City of Denton, a municipal corporation is the Plaintiff, and wherein John Smith and Bank One, Lienholder (In 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 end 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 refile 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 Schedule A immediately following, together with interest at the rate of ten percent (10 per annum on all of these sums from date until paid. SCHEDULE "A" Delinquent taxes accrued statutory penalties and interest, fifteen percent attorney's fees and cost due for which judgment is herein rendered covering all years delinquent at the date of this judgment. 000.001 ACCOUNT NUMBERt 03130200000 PROPERTY DESCRIPTION: LOT 13, BLOCK D, SUNVALLEY 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, JOHN I ID NUMBER: 9526MUCE 000 000001001 $1,338.54 Due to City of Denton, a municipal corporation For Tax Years: 1992-1994 $1,338.54 Total Due A $ Market Value All of the foregoing property being located in City of Denton, a municipal corporation, Denton County, Texas. Title Research Expense: $100.00 r :1 Gl~' • • F , IT IS FURTHER ORDERED, that Plaintiff have personal judgment against Defendant John Smith in the amount of $1.338.54, 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 shall 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 shall be applied first to.the payment of all accrued costs of suit and sale, and any residue shall be distributed pro rata to Plaintiff 9 provided by law, Bank One, Lienholder (In Rem Only) shall incur no personal liability for the sums set out in this judgment AND IT IS FURTHER ORDERED, that a statutory tax lien exists on each property, for the amount of delinquent property taxes and 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 any right acquired pending this suit; that an ORDER OF SALE be issued by the Clerk, directed to the Sheriff or any con.;table 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 property shall not be sold to a person owning an interest in the pr rty 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 hereunder 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 sale 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; that 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 redemption; 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 or administrators in possession of the property so purchased in accordance with the law of the Stale of Texas. All relief not specifically granted by this judgment, is hereby denied, SIGNED this the day of , 19-. JUDGE PRESIDING e APPROVED AS TO FORM; Gilbert T. Bragg State Bar Number 02857500 ATTORNEY FOR PLAINTIFF e ~No i J11/,1'I Yt. CAUSE NO. CITY OF DEN fON § IN THE DISTRICT COURT § PLAINTIFF § HO V. § JUDICIAL DISTRICT gget1da11 § Qal9 JOHN SMITH § DEFENDANT § DENTON COUNTY, TEXAS NQTICE 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 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 A14OUNT: $1,338.54 BALANCE DUE: $1,338.54 COURT COSTS: TITLE RESEARCH EXPENSE: $100.00 TOTAL BALANCE DUE: $ PERSONAL JUDGMENT RENDERED AGAINST: John Smith JUDGMENT RENDERED AGAINST ONLY THE PROPERTY INTEREST OF THE FOLLOWING DEFENDANTS: Bank One, Lienholder (In Rem Only) Clerk of the above Court Denton County, Texas By Deputy l certify that the last known mailing address of the Defendant or the Defendant's ctorney is shown below, • Attorney for Plaintiff John Smith 3413 Sunnydaie Denton, Denton County, Texas 76201-8407 e • Cal • ..A41i~. J"V L CAUSE NO. k### Nt1...---- CITY OF DENTON § IN THE DISTRICT COURT 4 PLAINTIFF § V. § JUDICIAL DISTRICT JOHN SMITH § DEFENDANT § DENTON COUNTY, TEXAS 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 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 DUE: $1,338.54 COURT COSTS: S TITLE RESEARCH EXPENSE: $100.00 TOTAL BALANCE DUE: $ PERSONAL JUDGMENT RENDERED AGAINST: John Smith JUDGMENT RENDERED AGAINST ONLY THE PROPERTY INTEREST OF THE FOLLOWING DEFENDANTS: Bank One, Lienholder (in Rem Only) Clerk of the above Court Denton County, Texas n I certify that the last known mailing address of the Defendant or the Defendant's attorney Is showy below, • Attorney for Plaintiff Bank One, Lienholder (In Rem Only) ! 1200 University Drive Denton, Denton County, Texas 76201-2153 l.. , sJ 6 f:'h + f n i` 1'',,. i, ♦ ~f .fir . s • t ABSTRACT OF JUDGMENT V1►=e ra 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 below in favor of the below named PLAINTIFF in the AMOUNT ascribed below to each, plus COURT 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 hears interest at the rate of 10% per annum from the DATE OF JUDGMENT, as specified in the judgment. The BALANCE DUE ascribed to each PLAINTIFF and the TOTAL BALANCE DUE is still due from the DEFENDANT(S). COURT: - District Court of Denton County, Texas STYLE: City of Denton v. John Smith NUMBER: DATE OF JUDGMENTt May 12, 1995 JUDGMENT RENDERED FORS PLAINTIFF: City of Denton, a municipal corporation AMOUNT: $1,338.54 BALANCE DUE: $1,338.54 COURT COSTS: S TITLE RESEARCH EXPENSE: $100.00 TOTAL BALANCE DUE: $ DEFENWF NT: JOHN SMITH DATE OF BIRTH: not reasonably available DRIVERS LICENSE NO. not reasonably available ADDRESS: 3413 Sunnydale, Denton, Denton County, Texas 76201-8407 j OTHER DEFENDANTS: Bank One, Lienholder (In Rem Only) RECORDiiD: VOL. , PAGE of the records of the COURT. I further certify that the PLAINTIFF above in whose favor judgment was rendered, applled for and received delivery of this abstract of judgment upon due payment of the foe allowed by law. Given under my hand and official seal this _ day of , 19 _ Clerk of the above Court • Plaintiffs Address: 215 East McKinney, Denton, Texas 76201-4299 • c,nnwii ,U-avikvL yr l.ll L„l. iv Jrd,L r'huVLALI LrtjL& MCCREARY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW ( n r1/~ jr~~ P.O. BOX :ev9o (J y (fir {(II AUSTIN, TEXAS MISS-M rl b ' la May 12, 1995 NOTICE OF INTENT TO SELL. PROPERTY pgeRdeNo.- - _ Mr. John Smith d~ 3413 Sunnydale QaM _ Denton, Texas 76201.8407 Re; Cause No. NMMN, 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; Judgment has been obtained in the District Court for delinquent property taxes due the City of Denton, a municipal corporation. This Judgment 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 Denton, 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, II f/Btigg GTB/S LB cc: Tax Assessor-Collector, City of Denton, Tax Department, 215 E. McKinney St., Denton, Texas 1 76201-4299 • e e • Ir "Aar tl from 'Poll MV awn MV s • r MCCREARY, VESELKA, BRAGG -W ALLEN, P.C. A'T'TORNEYS AT LAW PLO. a0X 24M AUSTIN, TEXAS M534M igrdaNo. tgantialM►►I _ March 31, 1995 1atN Mr. Wayne Paul Frank Assistant City Attorney City of Denton 215 East McKinney Denton, Texas 76201 Re: Resale by Taxing Unit Dear Mr. Frank: You have requested my opinion on the method of resale of pprroperty taken in trust by a taxing unit. In my opinion this matter is controlled by Chapter 34 of the Propert Tax Code. Section ¢34.01(c) states if a sufficient bid is not received, the officer making the sale shall ybid 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. Section 434.05(a) states that the taxing unit may sell the property at an time. The manner of sale 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. 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, The practice of our Firm is to prepare a sealed bid packet and obtain the governing bodyy's consent prior to attempting to resell the property on behalf of our client. That ensures that the presiding officer will sign the deed in the event a purchaser 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. I am enclosing a copy of Attorney General Opinion 1 M•1232 which reaches the same conclusion stated above, If I may be of further help on this matter, please call W3,,~T agsGTB:sIb X-M IQiin6~~ MS r ~ ~ c • - p► • EXI-11131T 13-a AQaWaNo - Agandalt . Dais Complete Listing of all McCreary, Veselks, Bragg & Allen Clients (by County) Anderson County Texarkana I.S.D. City of Palestine Liberty-Eylau LS,D. Palestine LS.D. City of Redwater Neches I.S.D. Simms I.S.D. Westwood LS.D. Malta I.S.D. Upper Neches MWA Red Lick LS.D. Pleasant Grove I.S.D. Baylor County Appraisal District Hubbard I.S.D. Baylor County Leary I,S.D. City of Seymour DeKalb LS,D. Seymour LS.D. City of DeKalb Bowie Co. Rural Fire Prevention Dist. #16 Tax Appraisal District of Bell County Bowie C.E,D. Bell County City of Belton Brewster County Appraisal District Belton I.S.D. Alpine I.S.D. City of Killeen Brewster County Killeen I.S.D. Brewster Memorial Hospital District City of Temple San Vincente I.S.D. Temple LS.D. Marathon I.S.D. (38 additional jurisdictions 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 LS.D. City of Clifton Clifton I.S.D. Bumet County Appraisal District Cranfills Gap I.S.D. Brunet County Valley Mills I.S.D. City of Burnet City of Granite Shoals • Bowie County Appraisal District City of Marble Falls Bowie County City of Bertram City of Nash Meadowlakes Municipal Utility District City of New Boston Burnet Consolidated 1,S.D. j City of Wake Village Marble Falls LS.D. City of Texarkana City of Cottonwood City of Leary • Texarkana Community College Calhoun County Appraisal District • ~ New Boston LS.D, Calhoun County Redwaler LS.D. City of Point Comfort !fr rw A 1 S J~~~ ° V s. 0V D- • • r +gmWaNo EXHIBIT 13-b IgendaI t*V City of Seadrift Evant I.S.D. City of Port Lavaca Oglesby I.S.D. Calhoun County I.S.D. Jonesboro D,S.D. Port O'Connor Municipal Utility District Cily of Gatesville City of Copperas Cove Callahan County Galesville I.S.D. City of Baird city of Clyde Crockett County City of Putnam Cross Plains I.S.D. Crosby County Baird 1.S,D. City of Rolls While River Municipal Water The following client is represented in Chambers County: The following client is represented in Dallas Barbers Hill LS.D, County: City of Hutchins Cherokee County Denton County Coke County Argyle LS.D. Kickapoo Water District City of Argyle West Coke Hospital District City of Ponder Coke Underground Water District City of Krum Ponder LS.D. The following clients are represented in Collin City of Aubrey County, Aubrey I.S,D. Town of Saint Paul Krum I.S.D. Wylie I.S.D. Corinth MUD M1 City of Sachse City ofNorthlake City of Denton Coma[ County City of Sanger Corral I.S.D. Sanger I.S.D. Comal County Fresh Water Supply District #1 City of Pilot Point Pilot Point I.S.D. Comanche County Gustine LS,D. • Sidney IS.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 Oorman DeLeon Hospital District City of Ranger DeLeon I.S.D. Ranger Hospital District • Ranger Collage District • Coryell County Ranger I.S.D. City of Oglesby Rising Star LS,D. American Education Complex Gorman 11D, u t , -t i . • ti Aatl , )'d • ca • ygntlaNo. EXHIBIT 13-c tggndall late _ - Eastland I.S.D. City of Warren City of Rising Star Gladewater County Line LS,D. Pine Tree I.S.D. Erath County White Oak S.S.D. City of Dublin Longview LS,D, Dublin LS.D, Lake Proctor Irrigation Authority Grimes County Falls County Appraisal District Grimes County Appraisal Disinct Navasota I.S.D. Fannin County City of Navasota Iola I.S.D. Foard County Appraisal District Anderson-Shiro Consolidated I.S.D. Foard County Richards I.S.D. Foard County Hospital District Crowell LS.D. Guadalupe County City ofCroweil Seguin I.S.D. City of Cibolo Freestone County Navarro LS.D. City of 5treetman City of Fairfield Hardeman County City of Teague City of Quanah City of Wortham Quanah I.S.D. Fairfield Hospital District Dew I.S.D. Hardin County Appraisal District Fairfield I.S.D. Hardin County Wortham 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 I.S.D. City of Marshall Galveston County WCID #8 Marshall I.S.D. City of Waskom Garza County Hallsville I.S.D. Garza County Hospital District Waskom I.S.D. City of lost Kamack I.S.D. • Post LS.D. Harleton LS.D. The following clients are represented in Grayson The following client is represented in County, Haskell County; City of Whitesboro Rochestcr LS.D. City of Van Alstyne • Henderson County The following clients are represented in Gregg City of Eustace County; City of Trinidad City of Gladewater City of Athens r .tv r Tai Y~(6" fr 'V a 11i' 't~; ~nZ tS ~j~~ Ytr 31 ~5 ~+4~a f,vyy~4i ~If~y~tf • • EXHIBIT 13-d tgendalt NIB 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 Levee 03 City of Boerne City of Gun Barrel Kendall County W.C.I.D. #1 City of Brownsboro Kent County Appraisal District LaPoynor I.S.D. Kent County Trinidad I.S.D. City of Jayton Crossroads I.S.D. Jayton•Girard I.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 Tehuacans Creek Water Shed Kimble County Appraisal Dist, Hillsboro LS.D. Kimble County Hill County Appraisal District City of Junction Hubbard I.S,D. Kimble County Hospital District City of Itasca Junction I.S.D. City of Covington City of Abbott 'Me following client is represenW in Kleberg Itasca I.S.D. County: Malone I'S.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 Gore 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 Gone LS.D. County: Knox City-O'Brien LS.D. • Jackson County WC1D #2 Munday I,S.D. Benjamin I.S.D. Jeff Davis County Knox County Drainage District Fort Davis LS.D. Knox County Hospital District Vsuntine E.S.D. The following client is mMsented in Lee • The following client is represented in Jim Hogg County: County : • Jim Hogg County WC1D #2 City of Giddings f • I I1 . EXHIBIT 13-e +`II I II - - -Leon County Milam County City of Jewelt City of Bulkholts City of Buffalo Donahoe Watershed Buffalo [.S.D. Elm Creek Watershed Centerville J.S.D. Rockdale [.S.D. Leon I,S.D. Cause [,S.D. Oakwood I.S.D, Cameron I.S.D. City of Marquez City of Thomdale City of Camerom The following clients are represented in Limestone Buckholts I.S.D. County: Thomdale LS.D. Mexia I.S.D. Milano I.S.D. City of Groesbeck Groesbeck I.S.D. The following clients are represented in Mitchell County: Lynn County Appraisal District City of Colorado City Lynn County Colorado [,S.D. City of Tahoka Tahoka LS.D, Motley County New Home B.D. Motley County 1.S.D, Wilson [.S.D, City of Wilson The following clients are represented in Navarro County: Martin County Frost I.S.D. The following clients are represented in McLennan The following clients are represented in Pecos County: County: City of McGregor irasm-ShefFleld LS.D, City of Waco Waco I.S.D. Presidio County City of Lacy Lakeview Presidio I.S.D. McGregor LS,D, City of Presidio La Vega I.S.D. Marfa I.S.D. Midway I.S.D. City of Marfa 1 Bosqueville LS.D. Hallsburg I.S.D. The following client is represented in Real County: City of Lorena Leakey I,S.D. • Menard County Apptaisal District The following clients are represented In Reeves Menard County County: City of Menard City of Balmorhea Menard B.D. Balmorhea I.S.D. • Midland Central Appraisal District The following client is represented in Retirgio • Midland LS.D. County: City of Midland Refugio County WCID R1 Midland County Hospital District Midland County Jr, College I I'. ~ 1 I+i, l i • 4 • EXHIBIT 13-f Runnels County City of Tuscola City of Winters City of Impact City of Miles West Central Texas MWD Winters I.S.B. Abilene LS.D. Ballinger I.S.D, Merkel I.S.D. Miles LS.D. Trent I.S.D. Jim Ned I.S.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 LSD. 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 LS D. Tent' Memorial Hospital Shackelford County Hospital District Brownfield Consolidated I.S.D. Meadow LS.D. Stephens County Union I.S.D. City of Breckenridge Wellman I.S.D. West Central Texas MWD South Plains Water District Breckenridge LS.D. The following client is represented in Titus Sterling County County; Sterling City I.S.D. City of Mount Pleasant Sterling Co. UWD City of Sterling City Van Zandt County Appraisal District City of Canton Sutton County Appraisal District City of Grand Salina Sutton County Canton LS.D, City of Sonora Grand Saline I,S.D. Sonora I.S.D. Martins Mill I.S.D. Van I.S.D. • The following client is represented in Tarrant Wills Point LS.D, County; Tyler Junior College Keller I.S.D. City of Wills Point Central Appraisal District of Taylor County Victoria County Taylor County Victoria County WCID #l 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 EXHIBIT 13•g The following client is represented in Webb County: Mirando City I.S.D Wilbarger County City of Vemon Vernon I,S,D, Northside I.S.D. Vernon Reg. Jr, College The following clients are represented in Williamson County: City of Taylor City of Georgetown City of Leander Georgetown I.S.D. Leander I.S.D. City of Cedar Park Williamson County MUD N3 The following client is represented in Wood County: City of Mineola i • r 1 • d ~ 'c i }'-c 'Y ~Il'i ~i>~'F1 Ate'" ~ igCj ~ 5~ ~z ~ ~~r1/~1 ~j ~~1 ~ ~ xIQ J r•~~ r ~1 SIG ~~.h. ~r1rP ti~l ~~~~~^nF~~~ • • EXHIBIT 14-a gondaNo. - - CONTRACT FOR THE COLLECTION OF 09AdellEttL . DELINQUENT PROPERTY TAXES THE STATE OF TEXAS § COUNTY OF DENTON § THIS CONTRACT is made and entered into by and between THE CITY OF DENTON, TEXAS (The City), acting herein by and through its governing body, and McCreary, VeselW4 Bragg and Allen, P.C. and Hayes, Coffey & Berry, P.C. (for the purpose of this contract only hereinafter jointly referred to as The Firm), 5929 Balcones Drive, P.O. Box 26990, Austin, Texas, 78755. I. 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 Ist of the year in which they become delinquent. 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 I st of the year in which they become delinquent. Notwithstanding the provisions of paragraph VI of this contract, The City shall not owe The Firm a 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. II. The City agrees to furnish all necessary delinquent tax information to The Firm on all property within the boundaries ofTheCity. The City hereby authorizes The Firm to determine the name, 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. III. 'fhe Firm is to advise The City of errors, double assessments or other discrepancies coming under observation during the progress of the work. Page I • o • • w EXHIBIT 14-b IV. ~pendaltem_ t,>Are r. The Firm is to intervene on behalf of The City in all suits for ad valorem taxes hereafter riled 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 formal containing information as requested by The City's Executive Director of Finance. V1. 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 ccvered 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, 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 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 attorney's fees on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens. Vlll. 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 agrees 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 ($750,00) dollars each month. Page 2 • w e EXHIBIT 14•c pQOttdBNG A9*81ttial 17~1te.~._. - X. This contract is drawn to cover a period of two (2) years beginning July 1, 1995, and ending June 30, 1997. 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 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 The Firma rcasonableopportunity ofexplaining orrectifyingthesame. The City shall be the solejudge 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, The Firm agrees to collect, between July 1, 1995 and June 30, 19%, not less than sixty percent (60%) ofthe total dollar value ofthe base tax ofthe 1994 delinquency existing on July 1, 1995. The Firm agrees to collect, between July 1, 19% 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 Film 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. X11. This contract is executed on behal fof The City by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded In it,9 minutes, • WITNESS the signatures of all parties hereto in triplicate originals this the _ day of A.D. 1995, Denton County, Texas. l Page 3 fY , _ a • EXHIBIT l4•d ipe*No - AgWdali Oete THE CITY OF DENTON TEXAS BY Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM HAYES, COFFEY & BERRY, P,C, Attorneys at Law Mike Bucek, Acting City Attorney 1710 Westminster Denton, Texas 76206 MCCREARY, VESELKA, BRAGG AND ALLEN, P.C. Attorneys at Law Gate Way Center 5929 Balcones Drive P.O. Box 26990 BY Austin, Texas 78755 Ricbard Hayes, President BY Gilbert T. Bragg • I Page A • 0 L"Z as • „ del(e1 n0 D CO§i CITY OI DENTON, TEXAS PURCHASING DIVISION / 9018 TEXAS STREET / DENTON, TEXAS 76201 April 26, 1995 REF:RFSP N 1759 - DELINQUENT TAX COLLECTION SERVICE Dea r 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 Denton 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 Information, clarifications, or changes In content or instructions of this request for proposal must be submitted in writing to the Purchasing Agent at 901-8 Texas Street, Denton, Texas 70201, 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 yoar capabillties in•delinquent tax collection. Proposals should be as brief as possible and Include the following: 1. A statement of firm's experlcnco 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, Resumos of key managerlal 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 E success of the contract and non-performance guidelines if collections ( do not equal sixty (60%) )orcerit of the delinquent tax base amount. 8(71383.7100 DFW METRO 817.267.0042 FAX 817.382.4692 . r~ • A"* NO April 28, 1995 ~Ill9 f Page 2 Proposals will be evaluated based upon the attarhnd criteria and interviews with selected firma. 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 #1789 : Delinquent Tax Collection Service, should be submitted no later than May 10, 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. Sincerely, Tom D. Shaw, C. P.M. Purchasing Agent J 01 J. DOC Attachments { 11 • a j"t • Q • ~a1~a~to THE _ LAW FIRM WILL Agertda4t I . Receive the delinquent tax rolls. 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 on judicial foreclosures, 10. Follow through on all suits and 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. a. Provide recommendations to not pursue a case If a case is weak or the likelihood of collections low or unlikely. b. Provide City of Denton's Assessor/Collector legal advice end written • • opinions upon request. 12. Only collact those groups or individual accounts which the City of Denton determines in Its discretion are to be collected by firm. to • The Law Firm Will Page 2 gpEltdQ)1f~tt 13. Provide all supplies and postage necessary to handle billing. l 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 taxes collected by the Law Firm will be at lease 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. 13. Be entitled to fees 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, presently 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 Clty of Denton Tax Department. 21. Provide for copies of all tax files to be turned over to the City Attorney when the Contract is terminated. 22. 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 Secs. 33.21, 33,22 and 33.23, Property Tax Code, 21 Maintain collection late 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 colloction, within the statute of . • limitation period, of delinquent mobile home business personal property rr accounts. l Arroonoo • 0 i • • THE CITY OF DENTON WILL gen6aNo, agen~ialt 1, Provide a roll of delinquent accounts to be collected. 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 (15%) percent of the amount of all delinquent taxes, pursuant to Sec. 33,07, Property Tax Code, penally 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 hen been notified of such. 6. The City w'll alln,v are additional six (6) months to reduce to judgment all suits filed primer to t` k ' date of the contract. 7. 1-07 r.. m.a1 ,,x statements at least thirty (30) days [no more than sixty (60) ko aelinquency date, giving notlca ,o the delinquent taxpayers of Vic notentlat -do-on cost of collection. l . CITY OF DENTON CRITERIA 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. 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. • 3. Law firm has to show capability to staff art operations sufficient to process up to 25,000 delinquent accounts annually. 4. Firm will have, or will establish, a Denton 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. • • s a 5 ,'4rJ.,,1 ~ ~~11 f • ca CITY COUNCIL F IF, IF c o d 0 s ° ooQ K. ~ ~ooo°~" r • o o ac o I e e &.I~MNe . J L July 5, 1995 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER APPROVAL TO DECREASE THE ELECTRIC ENERGY COST ADJUSTMENT (ECA) RATE RECOMMENDATIONr Staff recommends the City Council approve a reduction in the Electric ECA rate from 1,900/KWH to 1,40/KWH, effective July 5, 1995. The Public Utilities Board reviewed and approved this rate reduction at its June 19, 1995 meeting. 3UMMARYi Actual electric energy costs have been less than the amount collected from customers under the ECA rate during this fiscal. year. With the ECA rate unchanged, the projected over collection would be approximately $1.750 million by September 30, 1995. A change in the ECA rate to 1.401/KWH effective July 5, 1995 would reduce this amount by approximately $1.3 million to around $431,000, BACKGROUNDt The ECA rate ordinance states that the ECA should be changed whenever actual. plus estimated ECA costs are at least $500,000 greater or lesser, than actual plus estimated ECA revenue, Analysis of revenues and cost is conducted quarterly and adjusted as necessary at the beginning of the next quarter. The Public Utility Board reviews energy cost and revenue documentation presented by the Utility Department prior to any change to the ECA rate. During this fiscal year, energy costs have consistently been below • budget and revised estimates. When the ECA data was reviewed in March, 1995, the projection for the quarter ending June, 1995, was that ECA revenue would be less than $500,000 above energy costs. However, the accumulated actual costs through March, 1995, plus projected costs through June, 1995, are over $1.4 million below projected revenue collections. e Exhibit I shows the difference between budget and actual energy costs during fiscal year 1995. Energy costs are essent'ally • • dependent on the cost of natural gas, and Exhibit II shows how gas prices have fallen by 30% from July 1994 ($2.00/MMBTU) to April 1995 ($1.40/MMBTU). Exhibit III shows budget and actual natural gas costs during 1995. A O R R ApWaI10 -WON. PUB AGSNDA Page 2 Exhibit IV shows the cumulative actual and projected ECA costs and revenues through September, 1995, based on a change in the ECA rate from 1.900/KWH to 1.400/KWH in early July. Exhibit V shows projected energy cost savings for various types of customers at the lower ECA rate. An average residential customer would save approximately b percent per month through September 30, 1995. Small commercial customers would save nearly 7 percent, while large commercial customers would save approximately 9 percent. I Government customers, including The City, County and i)ISD, would save close to 7 percent per month. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs Utility Department and Denton electric rate payers. FISCAL IMPACT: Denton electric customers will receive an electric ECA rate decrease on July 5, 1995, that will remain in effect for at least three months. The total revenue decrease is projected to be over $1.3 million. Additional ECA rate changes may occur on a quarterly basis in response to changes in utility electric energy coats. 4Respe fullysubmitted, Harrel nager Prepared byr R. E. Nelson, Executive Director of Utilities R Exhibits: I Fiscal Year 1995 Budget/Actual Energy Costs II Natural Gas Costs - 1992-1995 III Natural Gas Costs - Fiscal Year 1995 IV Actual and Projected ECA Costs/Revenues V Projected Customer Energy Cost Savings • W • • r ,'!h Rip'y •y`F :961ry S'\T lM .y yH:^+:a 1 ti.`. u'Fp ...N'drr.(n41 s.•.~4.KrU%Km'Ih<Vow.n\q.y+prgf~/ivv.MYMAiIMnN1eY~a.Ha`VW\MVf+.nyeMµ'nH.wp.yygpilfOM`NFNfM\4AAwbh4\' MWH ENERGY COSTS Fiscal Year 1995 $3.00 $2.80 $2.00 X1.60 • =1.00 OCT 94 APR 98 JAN 96 JUL 96 , ° Month g • m - Budget Actual X 6/18/96 Cr _ w • • C f NATURAL GAS COSTS October 1992 - May 1996 $3.00 - - $2.60 - - - - $2.00 N $1.60 $1.00 OCT 1! Alll 13 OCT /i AM 14 OCT 01 AM 11 • JAN 13 Jill 17 JAN 11 JUL 64 JAN /1 , Month • Actual F.Y. 1996 Budget ? 6/16/06 Cr • • r .w e, ..9 «r..... ..h . ..._..,...,rm..:r.<.,~...v...m...«...»e,......,.~..,:.»., ......w..........-.w.....r+roar.n.::,✓+i~w.e'w:~.+.+MSTw!~`y«4_g1t7f!TVMt%A~TlYhT~C~ I NATURAL GAS COSTS , Fiscal Year 1996 $3roo $2.60 i ~ i $2.00 - - - - - a N ice" _ ~ $1.60 - - - - =1.C0 ~ L _....1 ® OCT 94 JAN 96 APR 96 Month • X - f- Budget Actual f 6/16/06 . • FISCAL YEAR 1995 ENERGY UT ~realten?.V 0.0100 {{yy 0.0140 1.3118.... - - - -A000M NET MWH TOTAL MWN ECA ECA SURPLUS SURPLUS t94Y41EM OLKW_H FU€L_CQaT "UR REWL9 f"b ECA ESA OCT 04 60.017 1.0 64,100,276 71,611 61,364,617 1400 4214,241 0405,736 NOV 04 66,623 1.60 1,132,316 60,977 1.166,562 1190 26,166 619,022 DEC 94 63,072 1.62 060,677 60,692 1,153,146 1.90 103,40 713.390 JAN 05 67,646 1.64 1,030,451 63,160 1,215,3.32 1,90 174,04 166,214 FED 05, 60,223 1.46 450,406 01,012 1,160,231 110 501,420 1,10,700 MAR 05 64,429 _ 1.46 0321120 60,623 1,132,044 1 0 YW,7 8 1,307,414 • APRIL 9D 6',457 1.60 1,000,192 60,176 1,124,321 1.0 44.129 1,447,617 ' MAY 95 73,710 1.66 1,144,146 14435 1,130,015 1.0 (11,273) 1,430,273 ' JUNE 05 77,274 1.66 1,107,740 • 74,00 1,140,906 1.3 (66,036) 1.375,431 • JULY 05 93,330 1.07 1,655,003 • 0,03 1,200,162 1.40 (207,121) 1,076,717 ' AUG 9S Wood 1.72 1.6$1,164 • 92,036 1,20,912 1.40 (364,232) 721,406 • SEPT 0 93.060 11A 1.435.10. r 0.676 1.20.00 149 tm.114f 04!.30 964,145 1.42 114,241,731 044,036 614,400,06 1.71 1120,074 6360,360 Notes: Date Serums: Monthly Production Envoy Cost C"kftn 6h441s. • Ne to System 1 Pue Cost Eshmstes + MWN all Esllmat►1 o.YIwwNlsrE~uw1 FISCAL YEAR 1998 ENERGY COST 0.0100 0.0000 ACCUM N61 MWH TOTAL MAN ECA ECA SURPLUS 1WIPLVS I9_ ¢YSTEM f1mW 1 FSLELD24I PILM REVENUE omwm w EGA OCT 05 76,703 1.64 61141 ASS 72.0 61,369044 1.0 0124,344 1414,717 NOV 95 3,446 1.67 1,059,671 0,421 1,144,113 1.0 66,634 673,253 DEC 05 67,356 112 1,13,662 64,161 1,210,0S 110 0413 35,00 JAN 0 3,121 1.95 1,344,20 46,045 1,240,361 1.00 (0,049) W,HI FEB 06 60,141 1.00 1130,940 d6,600 1,261,103 1.0 (00,436) 416,112 MAR 0 3,023 1.06 1,241,009 0,470 1,43,701 1.0 (01,004) $0,277 APRIL 0 64,760 1 1,23,461 41,702 1,172,536 1.0 (3,1441 260,131 MAY " 3,00 1.95 1,300,90 3,724 1,210,747 1.0 (99,10) 13,933 JUNE " 84,843 1.06 1,662,204 0,31 1,030,603 1.0 (121,011) 32.422 JULY 0 107.246 113 2,094,136 102,139 1,040,646 110 (154,101) (121,90) AUG 0 106,541 1,05 2,001,064 100,616 1.00.113 1.90 (161,741) (276,041) SEPT 0 (04,279 1.96 2,134,40 113,075 1,¢117,7_15 L" (167,1101 (430,7211 04013 1.60 617,010,020 901,31 017,131,034 1.0 (6767,090) (6410,721) ION, BudMNSd~u4!I_CS14s; 1146 Budget SA""? ass 09"fow 16,302,600 Oct 64.474.126 9.00% Sp4nedr O9 04rwaU0n 40,30 Nov 1123CA6 5.70% TMPA LIgnR► C014 D►nbn 10,664.700 Dso IsIb 3 1.11% TMPA LlgnRs Cad Resets 406,100 JAM 1,344,200 7.27% TMPP Purc84ws (POOy 147,920 PSb 1,360,00 7.31% Emoomle Dispatch Is e01sNBrmo1) 2'16! 4040 Mw 1,241,006 0.75% ToVI Enegy Cods 121,207,40 Apr 1,266,461 6.46% BWS Revenue (2y714~264) May 1.00,0" 7.07% 0 Net Energy 610.493,132 Jun 1,02,204 113% • Jul 2,004,66 11.53% 100 Budg41 KWH Sd►S 01,30A63 Aug 2,011,064 11.15% 100 KWH Losses 46.076.0.42 Sap WA M" 11.6x¢4 190 DMbn System 4641 044,75400 619,403,132 10.00% 61.06 i 01:40 PM C 1 ~ccull/F,ECA. wq I6-Jun-00 Exhibit. IV . r ~ O n'•~,1 •113x5 •.z; ,~y jn~. - w e 4pentlfllte~~.,.., Monthly ECA Savings Per Customer From .0190 per KWH to .0140 per KWH Monthly BIII with Monthly l Customers ECA of EGA of KWH ` 0,0190 0,0140 Savings J liesidential Average Customer 926 $77.27 $72.64 i $4 63 6 0°k 1 Customer at 1,200 KWH 1,200 $97.65 $91 65 $6 00 6 1% Customer at 2,500 KWH 2,500 $195.48 $182:981 $12.1501 6 4%° GSS Average customer j 4,995 ] $3641 $3391 $25] 6 m%* (40% load factor) GO Average Customer 443,2071 $24,4021$22,186] $2,216_f 9.1%e (60% load factor) Government 40% load factor Denton County I 48,981 R $3,4951 $3,250 $2451 7A% DISD ! 26,844 $1,9241 $1,790 $1.34 7.0% Utilities 9,298 $687 $634 $46 6.8% General Gov't 7,611 L $559 $521 $38 6 B% i Number of Savings tol Customersi End of F.Y.1 Government i Denton County 16 $14,695 e DISD 38 $19,126 Utilities 1 30 $5,230 General Gov't 64 $9,134 e ~ e e LXHIHII V ~ 4 • O CITY Tim COUNCIL ILII I.- F ........1111 IIKKKKKKK N I ~o • e ~ ® : { M r0 c s e 6G ~ • m • ff BOARD/COMMISSION NOMINATIONS 1995-96 AIRPORT ADVISORY BOARD Dist QURRENT MEMBER NOMINATION I= COUNCIL *1 Terry Garland Hal Jackson 1993-95 Young *2 George Gilkeson Rick Woolfolk 1993-95 Krueger E *6 Mike Stephens Mike Stephens 1993-95 Brock i MINAL BHELTBR ADVISORY BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL 7 Mike Alexander 1993-95 Mayor i Nonie Kull _ 1993-95 Young 3 Steve Meyerdirk Lynn Stuckey 1993-95 Riles *4 Joseph Portugal Veronica Rolen 1993-95 Cott BOARD or ADJUB" E DIST CURRENT MEMBER NOMINATION COUNCIL i *6 Rachel Mays Rachel Mays 1993-95 Brock 7 Bill Colville Bill Collville 1993-95 Mayor *1 L. A, Wilkerson Ed Terry 1993-95 Young BUILDING CODE BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL • *1 (Ed Owens) (Willie Hudspeth) 1993-95 Young (General Contractor) *2 (Nicholas Eassa) (Nicholas Eassa) 1993-95 Krueger (Engineer) • • • * Individual nominated and approved No * Individual nominated but not approved No nomination ( ) Specialization required 1W I • • rate CABLE TV ADVISORY BOARD CURRENT MEMBER NOMINATION TERM COUNCIL 7 John Kuiper John Kuiperr 1992-95 Mayor *1 Candice Liepa Dessie Johnson 1992-95 Young 6 Susan McGuire Candice Liepa 1992-95 Brock COMMUNITY DEVELOPMENT ADVIHORY COMMITTEE DIST CURRENT MEMBER NOMINATION TSBM COUNCIL *1 Peggy Norton Nathaniel Johnson 1993-95 Young 2 Lisa Polack Lisa Polack 1993-95 Krueger *4 James McDade James McDade 1993-95 Cott *6 Jack Weir Roberta Donsbach 1993-95 Brock DATA PROCEDOIN0 ADVI60RY BOARD DIST CURRENTjJUMM NOMINATION TEBM COUNCIL 7 Don Edwards Don Edwards 1993-95 Mayor 1 Gene Luster Anthony Hudspeth 1993-95 Young DOWNTOWN ADVI90RY BOARD pIST CURRENT MEMBER NOMINATION TE$M C9.UNCIL 5 Kent Baxter 1993-95 Miller *6 Don Davis Don Davis 1993-95 Brock *7 Teri Rheault Teri Rheault 1993-95 Mayor 1 Pat Will!. Bernice Wilson 1993-95 Young *2 Don Hill Don Hill 1993-95 Krueger 1 Bill Thomas Bill Thomas 1993-95 Young ® * Individual nominated and approved • • No * Individual nominated but not approved No nomination ( } specialization required r • • r , 4Q4~IddNo AgrWaltem,...- .•-r-- pA1e_ - ELECTRICAL CODE HOARD DIST CURRENT MEMBER NOMINAT70~{ COUNCIL *2 (Stuart Cawthon) (Stuart Cawthon) 1993-95 Krueger (Lic. Maeter Electrician) *7 Fred G. Reed Fred Reed 1993-95 Mayor *5 (Terry Schertz) (Terry Schertz) 1993-95 Miller (Bldg. Contractor) 6 (Trenton Williams) _ 1993-95 Brock (Electrical Engineer) HISTORIC LANDMARX COMMISSION DIST CURRENT MEMBER NOMINATTQ~EBM COUNCIL *2 (Judith Abbott) (Bryan Briscoe) 1993-95 Krueger (Real Property owner) *4 Bullitt Lowry Bullitt Lowry 1993-95 Cott *5 Suzanne Byron Suzanne Byron 1993-95 Miller *6 (Mark Merki, (Mark Merki) 1993-95 Brock (CPA) *1 Rita Holcomb Charlye Heggins 1993-95 Young *3 (Alan Smart) (Alan Smart) 1993-95 Biles (Denton Co Bar Aeeoc) HUMAN SERVICES COMMITTEE DIST CURRENT,MEMBE NOMINATION TIM COUNCIL *4 Wesley H. Stewart Wesley Stewart 1993-95 Cott *5 Catherine Bell Catherine Bell 1993-95 Miller *1 Ed Smith Sandra Cross 1993-95 Young 3 Larry Nicholson Rory Davenport 1993-95 Biles *5 Carol Riddlesperger Carol Riddlesperger 1993-95 Miller *6 Victor DeSantis Ramiro Valdez 1993-95 Brock 7 IVAry Morimoto Mary Morimoto 1993-95 Mayor * Individual nominated and approved No + Individual nominated but not approved No nomination ( ) Specialization required i +~ertdaiVa. ~1+ KEEP DENTON H4AUTIFUL BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL 2 Judy Smith F'renchy Rheault 1993-95 Krueger 3 Jane Powell Cresha Samford Beattie 1993-95 Biles *4 Doug Ebersole Doug Ebersole 1993-95 Cott. *5 Jean Ross Jean Ross 1993-95 Miller *1 Herman Wesley Rev. L. E. Lawson 1993.95 Young *2 Martha Len Nelson Martha Len Nelson 1993-95 Krueger LIBRARY BOARD UIST gQBRENT MEMBER NOMINAT,10N TERM COUNCIL *5 Linnie McAdams Linnie McAdams 1993-95 Miller *6 Jear. Greenlaw Jean Greenlaw 1993-95 Brock 1 Dorc:hy Minter LaKisha Cravens 1993-95 Young 2 Alexander Finlay 1993-95 Krueger PARKS AND RECREATION B DIST CURRENT MEMBER NAOINAT-L(-)N TE COUNCI a *5 Doug Chadwick Doug Chadwick 1993-95 Miller *6 Burkley Harkless Burkley Itarkless 1993-95 Brock 1 Neta Stallings Gwendolyn Carter 1993-95 Young • * Individual nominated and approved No * Individual nominated but not approved No nomination `j specialization required 1 F 9 L {S'. . • ( AgendaNo~ AgeMaitentr......., Date_ _ PLANNINO ZONING CQUISSIO DIST CURRENT MEMBER NOMINATION UM COUNCIL *4 Richard Cooper Rudy Moreno 1993-95 Cott *7 Barbara Russell Barbara Russell 1993-95 Mayor { 1 Mary Evelyn Huey Slick Smith 1993-95 Young *2 Dick Norton Guy Jones 1993-95 Krueger PLUMBING AND HECSANIghk CODE BOARD DIST QURRENT MEMBER NOMINATION TERM COUNCIL *3 (Jerry Porter) (Frank Cunningham) 1993-95 Biles (Lie. Maater Plumber) *4 (Karl Martino) (Karl Martino) 1993-95 Cott (Layman) 7 (Ted Lewellen) 1993-95 Mayor (Mechanical Engineer) *2 (Dave Reynolds) (Dave Reynolds) 1993-95 Krueger (Lic. Maater Plumber) PUDIC UTILITIES BOARD DIST CURRENT MEMBER VMINA'i'ION UM COUNCIL *3 Lillie Clark Dick Norton 1991-95 Biles *4 Bob Coplen Bob Coplen 1991-95 Cott SIGN BOARD OF APPKALS DIST CURRENT MEMBER NOMINATION TIM COUNCIL I, ♦ 2 Gene Gumfory Bob Powell 1993-95 Krueger *4 Cliff Reding John Weber 1993-95 Cott 5 Tony Soto (Alt) _ 1993-95 Miller G Dena Fairfield Mark chow 1993-95 Brock * Individual nominated and approved No * individual nominated but not approved No nomination ( ) specialization required lw ♦ , . n w • Ageadal Qate TRAFFIC 8AFETX CONXISSION DIST CURRENT MEMBER NOMINATION TEEM COUNCIL J 3 Carolyn Bacon Carolyn Bacon 1993-95 Biles II *4 Kathleen Singleton Harry Phillips 1993-95 Cott *5 Brenda Minnis Brenda Minnie, 1993-95 Miller F7 Alice Gore Jim Hobdy 1993-95 Mayor CIVIL SERVICE COMMI08ION SEAT CURRENT MEMBER NOMINATION ICBM *1 Jana Bates Jana Bates 1992-95 Harrell DENTON HOUSING AUTHORITY SEAT CURRENT MEMBER NOMINATION TERM 3 George Hubbard 1993-95 Mayor 4 Warren Whitson Warren Whitson 1993-95 Mayor 5 Vicki Hill Vicki Hill 1993-95 Mayor TMPA DOAAD OF DIRECTORS SEAT CURRENT MEMBER NOMINATION TBBM *0 Bill Giese Bill Giese 1993-95 Council a AC000128 • • , 1 * Individual nominated and approved No * Individual nominated but not approved No nomination ( ) Specialization required i ' 1 JUY2 4 '~~FY 0 0 r CITY JJCOUNCIL c 441 as w~ 0 O ~ e .o O U^(-Ja r • a • r f rh ~»V 1996 CITY O! DEMY'OII/DRMT01i COIIRTY ORSQUICR]P MMAL CBIonRATION COl01ITTSR I I Nomination ~cbI1C~.l Kenneth Davis Mark Chew jJ Beverly Williams Mark Chew Sarah Parker Mark Chew Mary Evelyn Huey Jack Miller Peggy Caps Jack Miller Mike Cochran Jack Miller Margaret Smith, Chair Person Euline Brook Evelyn Miller Euline Brock Troy LaGrone Euline Brock Fred Patterson Euline Brock will May Euline Brock Carol Surles Bob Castleberry Mr. and Mrs. Bob Benningfield Bob Castleberry Mr.and Mrs. Al Hurley Bob Castleberry Mr. and Mrs. Fred Pol Bob Castleberry Mrs. Dean Hulsey Bob Castleberry Mrs. Louise Massey Bob Castleberry Mr. and Mrs. Verson Hall Bob Castleberry Mr. and Mrs. Gone Gamble Bob Castleberry Dr. and Mrs. Derrell Bulls Bob Castleberry Derrell Bulls, Jr. Bob Castleberry Priscella Sanders Bob Castleberry Ed Hodney Lloyd Harrell, City Manager Myra Anderson Lloyd Harrell, City Manager Cecile Carson Lloyd Harrell, City Manager Jane Jenkins Lloyd Harrell, City Manager Richard Foster Lloyd Harrell, City Manager Paul Abbott Lloyd Harrell, City Manager • At the June 20th Council meeting the following individuals were nominated: Sherri Etheredge David Biles Jane Jenkins David Biles • Carl Anderson David Biles • • I, Sherri Turner Jack Miller AAA03671 0 4' ~ O t:. zc e~ ~ c~•' . f M y ~ ~ , aa'. r 1 e.%~: n.atir::. ~I sn-. ~.C szs-.~ . e ti-~ ~.i ua•.., i Rs++... q:}i~.~.. ~ ~v.•.~: rsr.~n; s3 ivy ~s rr.~ ~ s iii au~ tt re ~u as s s~ ♦r J `I r Ei 1 b ~s Q ~ ~ M~ ~ ~ 0 1 Q! ~ {ti AP* r D r• CITY 0 DBNTOK MAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (8171 $66.8307 OfUce of the City Manager MEMORANDUM ' TOi Lloyd V. Harrell, City Manager I FROMi Betty Williams, Executive Secretary DATE: June 30, 1995 SUBJBCTt Wall of Honor According to the established procedure, letters commending city employees for quality service which are displayed on the Wall of Honor will be replaced on July 5, 1995. Attached are copies of 26 new letters which will be exhibited for the next three months, Ths letters taken down will be placed in a scrapbook which is maintained by the City Manager's Office. We wish to extend our congratulations to each of these employees on their excellent efforts to serve the citizens of Denton. Bet Wil .ans Executive Secretary • 1 "Dedicated to Quality Service" &~~4~~ r ! r c titi ~t ,f ~ ~tki .:fell • Denton Independent School District DENTON. TEXAS 76201 381.6181 COMMUNITY EDUCATION March 28,1995 Rick Jones Fire Marshall Denton Fire Department 217 Wr Mc Kinney Street Denton, Texas 76201 Mr, Jones, I am writing this letter to inform you of the fine job Inspector Jann Sanders did with the first time offered teen bobysitting class for the DISD Community Education Department, The class was held on February 6,7,and 9 with all the young ladies and one young man who really enjoyed participating in the class, based on feedback I have received. This cis" was only made possible, because Inspector Sanders took the time to work it in her schedule and I really apprelcate her time and effort. I also look forward to having her do another class In the future, if her schedule permits. Sincerely, /S(/IevaJ n • Denton ISD Community Education Coordinator (817) 387-3187 • O 51 i .'Y4r~l h1~F~I~r I1. • 4>t • ' iatrs Vark ~Itmtalag school BARBARA A. COLEMAN, PfW44 N 3900 EVERS PARKWAY ,@ndun, &xu 762OL-7636 917-382-1576 April 7, 1995 Dear Katherine, Our first Career Day at Evers Park Elementary School was a tremendous success, as well as a unique experience for our children and staff. Students, teachers, and parents all expressed how much they enjoyed the presentations. It was Indeed a fun, exciting way to team about so many job opportunities, You made this a day to remember. We realize you made a major commitment by giving of your valuable time to our children. It was exciting to see the Involvement of so many Individuals with diverse talents. Your participation demonstrates oommunNy support of public education and the Importance of career awareness at an early age. We plan to host a similar program In the future. We would hope that you would be a participant. Again, many thanks for all your time and efforts. We appreciate your investment In our children's future, Sincerely, • Dr, Albert Thomas Barbara Colema C ey reaweN Superintendent Principal Counselor • • 0 • p • Pere Park ~Icnlcntnqj $c4ool BARBARA A. COLEMAN. Plinclpul 3300 EVERB PARKWAY jondoll. Tans 16201-763$ si~•~az•iere April 7, 1995 Dear Sabrina, Our first Career Day at Evers Park Elementary School was a tremendous success, as well as a unique experience for our children and staff. Students, teachers, and parents all expressed how much they enjoyed the presentations, It was Indeed a fun, exciting way to learn about so many job opportunities. You made this a diy to remember. We realize you made a major commitment by giving of your valuablo time to our children. It was exciting to see the involvement of so many Individuals with diverse talents. Your participation demonstrates community support of public education and the importance of career awareness at an early age. We plan to host a similar program in the future. We would hope that you would be a participant. Again, many thanks for all your time and efforts. We appreciate your investment in our children's future. Sincerely, Dr. Albert Thomas Barbara Coleman C eneyraswell • Superintendent Principal Counselor i 0J • r - 0 ! ie•j + ';i,K+ ~i 41~IQ~l I, }fC4 `'Pf~ ~~~a~' 1. ~ % ' 7lXAII MUNICIPAL CLdRK ~CeRTIFICA7ION PRW MM • UNIVERSITY OF NORTH TEXAS s P.O. Box 6066 4 Demon, Tam 18M + (117) 6SIF8188 April 19, 1995 Ms. Jennifer Walters, TRMC City Secretary City of Denton 215 East MoRinney Denton, Texas 76201 Dear Jennifer: Thank you for providing the opening remalks during the April seminar of the Texas Municipal Clerks Certification Program held at the Radisson Hotel and Conference Center. Thank you also for arranging to have Mayor Robsot Castleberry welcome the seminar participants to Denton. Our members were impressed with his warm, sincere gre ,.ing. Jennifer, we appreciate your helpfulness each time we hold a seminar in Denton. Since Denton is the host city for the corporate office of TKCCP, you are "called upon" often to assist. Thank you for your cheerful, Constant cooperation and for our contributions to the success of the Texas Municipal Clerks Certification Program. Si carely, J ce bhay ,IOM NIAY Ps"Y a1NI IM I GAIL SINKIM OIAEOTOR PROGRAM SPEOFALIST PROGRAM ASSISTANT J14, J i r /97.z- 7 ~IiR i s 0'0"e j i. !I,i • _ w s DENTON INDEPENDENT SCHOOL DISTRICT FRED MOORE LEARNING CENTER 81S CROSS TIMEEI:s DENTON, TEXAS 76201 017? 381.1.06 Wade G. Lillie, Program Coordinator Sandra Steven►,Counselor April 21, 1998 Emily Fowler Publle Library •02 Oakland Denton, Tom 76101 The staff and Oudents of the Fred Moon Loaning Center would like to may a great big THANK YOU.1.1 for hosting our visits yesterday. The library staff was friendly and helpful and dw tour guldu provided "tumble information. Denton is fortuuats to haw oath a valuable mum of Information available. Vow kindnesses and toopention an gsnulnely appreciated. Sincerely, W de G. t RECEIVED APR 28 CITY OF DENTON OENTON PUBLiO LIBRARY i • • t, Fg. 4 April 21, 1999 APR 2 4 Frnms WILEIUR F. POPPE e315 Hartlee Field Rd. Denton, Tx 76208 817-387-9381 Hosto 817-381-1370 Work 817-381-1229 Fax Tot Jerry Clark, City Engineer Municipal Building ei9 East McKinney Street Denton Texas, 76801 SubJoctl Seminole Avenue Improvements Jerry, I'm writing to may "thank you" to you and especially to and his crews for the improvements to the west end of emit nale Avenue in northeast Denton. It looks great and the Job was completed on a timely basis. The street and curb are now in good condition! 7hanlL/Y u, W. F. Pop I M L h'. • - to • G+ APR 2719'15 ACADRU Y a(Y "Full Childcare Service And More April 26, 1993 Dear City Management, The staff at Young Scholars Academy am writing this left to wkwwledpe not only a city employee's dedication, but what a wonderful and importw job be undwtakw. On Friday, April 14, 1995, Captain Mika Sessions came to our aobool sad WOW our staff in Cardio Pulmonary Rmwitation (CPR), We farad his padeeae, presenta&t, and knowledge very belpfW througbout the claw. For thoas who were renewing, or the first timers, everyone eyed all that was taught. The training we moeived lastilled the oonfidenoe in ourselves to read sod reupo W in any type emerganoy situation. It Is nia to know that the City of Domm bas acme m of this caliber and expe rtin on their staff, especially when It ooom to the health and safety of ohildroa for a better tomorrow. We thank you for people Bice Mr. Sessions, and all that they do In this fieWl Sincerely, • All of us at Y.S.A. 2324 SAN JACINTO • SUITE 207 • DENTON, TEXAS • 76203 • (617) 382.5363 • e TEXAS WOMAN'S UNIVERSITY DB NTON/ DALI AS/HOUSTON "RYAND ID RECEIVED IINPORFORAMA710N SNDIhS P.O. Box 229M Denton, Tx 76201-00 Phone: 817/896-2602 APR 27 ,e W S Pax: 8171R9&31% CITY OF nrnITON April 26, ]995 DE:NTON I'Lj. MARY Ms, Eva Poole Denton Public Library 502 Oakland Denton, Tx 76201 Dear Eva, Thank you for the tour of your library. We were all very Impressed with the facilitin and the system you have in place. It is remarkable that It Is running so well after such a short time after its Implementation. This Is a true reflection of your leadership and the abilities of your staff. Thanks again, Sincerely John D'Angelo, Ph, D. • j. A Cmprr6mltr PuNk UpOnff lly PrhtwVyAw K%" An Equal 0MtHUnl0y1Afflm thr Adbn E npl W • . . 76 ~i fy Jyi~ 1, X10 ~~~4, ' ih /40- c cy • Retired and Senior Volunteer Program of Denton County 1400 Crescent Street, Sufte 7 Denton, Texas 76201 Denton: (81 r)383.1608 Lewlsvft: (214) 221.9883 May 1, 1995 Jennifer Walters City Secretary City of Denton 215 X. McKinney Street Denton, TX 76201 Dear Jennifer= Thank you for being a vital part of SENIOR LEADERS last Thursday. The presentation you pave on your responsibilities as City Secretary and the overview you presented on city of Denton board and commission needs were most informative. As a result of your involvement with the program, along with others, we will graduate twelve senior adults who have been through an intensive training process regarding the responsibilities and challenges of board members. Participants were also introduced to other key leaders in our commnlity such as the DISD School Superintendent, Chamber of Oommeroe Chair, ■nd Denton County Sheriff, just to name a few. Again, thank you for your generous gift of time to our program. cer y, Pam Rainey SENIOR LEADERS Coordinator s ~ s e A program of the Untied Way • • DON A. SMrM, Ph.D. "At- PtyeAofolW May 2, 1995 Mr. Jim Harder City of Denton Utilities 901 Texas Street Denton, Texas 76201 Dear Mr. Harder: T want to express my appreciation for the quick response, courteous behavior and capable manner in which several crews of the Electric Utility Department- responded to calls re- garding power problems at our house during the week of April 24. We are sorry that we did not get the last names.of Tim and Brad, who responded on April 29. They were efficient and thoughtful. We appreciated their willingness to communicate with the electrician who was called to assist us. They saved us unnecessary delay and costs. Tim, Brad and the others should be commended for their work. Sinoerely, I' Don A: ;klh k~~lON a 4226 1•31 North • demwey Meta • Dimon, To Y6101 • (817) 36M4112 • • Voids B. Morgan, Coordinator, Project L I F T Ryan High School 51101 E. Denton, TT'XK~620$ RECEIEl ;j1 817.383.1168 PW i 019 CITY OF DENTOty May 4,1995 DBNTON PUSUC LISRARr Ms. Eva Poole, Director, Denton Public Libraries 602 Oakland Denton, TX 76201 Dear Eva: This letter Is to thank you for providing a training location for Mloheie and Patty. I sincerely believe that they have gained valuable experiences which could only have resulted because of your generosity. Since they began training, both Patty's and Michele's self-esteem has Improved by leaps and bounds. The last day for training for the students will be Friday, May 19, 1996. As always, thank you and plan to hear from me In the tali of 1996. Have a We and fun summer. YO rely orga rdlnator, Projecl L I F T i • w • Vatds B. Morgan, Coordinator, Project L I F T Ryan High School 6101 E. McKinney Denton, TX 76208 817-383.1168 May 4, 1995 Ms. Jennifer Waiters, City Secretary City of Denton 215 E. McKinney Denton, TX 78201 Dear Jennifer; This letter Is to thank you for providing a training location for Lies. i sincerely believe that she has gained valuable experlencas which could onty have resulted because of your generosity. Since she began training, Llsa's sedf•astoem has Improved by leaps and bounds. The last day of training 'ur Lisa will be Friday. May 19, 1996. As always, thank you and plan to hear from me In the fall of 1996. Have a We and tun summer. Sly re' V~,a((IJJMOrga , rdinalor, Project L I F T • I • _ ca • !IOU MAY 18 INS May 12, 1995 City of Denton Lloyd V. Harrell City Manager 215 B. McKinney St. Denton, TX 76201 Dear Mr. Harrell, My associates and i would like to express our appreciation by informing you of how pleased we have been with the assistance received from one of your employees - Donna batew. Donna has went that "Extra Mile + 2" assisting us with permits and sign regulations. Frequently the request are difficult, but Donna has always given us a timely response, with clear and explicit directions+ when we have an opportunity to work with a oompany, which has an employee that exhibits these good qualities, we like to oommunicate this with their employer. Please tell Don" thank you, and how much we appreciate her efforts. Sincerely, ~kckk o a so Regional Sales Manager • JR/lkh i oor Honorable Bob Castleberry Frank Robbins rJ0 w. uMwnny 0f. • DMft , T$wu M01 ($171302-M Fa (fiCn Bee M3 s t •eoD-eo -U*1 o Fa t4"74W9 • O • • S I -%n IdM rv y P G 1 , rM< ~ ~ e ✓,p (L A.) (A) P P KI / 6 T`~ ppnnf r.o w 4-Te I , hJ 6 V o v t j 9 N` lS Lv Pht ~ P I4 S /Y! r0. l -~Y do r 1 s4,~~~ e fT V~, ~oC4s~. r`3a Eby w1~~R a ~lar~~ -~a w~ y 1.1-6 JA w C( :5v,.2Al l~A'Y! A F,o i pt//-inrf-f/R~wx~n4, W ~Pr h r rY1 6-t v r P Lb 04-t"%- ~T r7 (L d I(1 e r Or c~ J b~ K w G f P /gyp h yU (lei 74 P k.IUYJC J 7 ~t ~h ~~7J °~rhyCrv h/OC -16 hP e0 wt p~r~ lyt e-~ ~vc~. 7 y.1,~~ Pu-~ ~~rj ~y ~~-G~,a-rte Cw•- ~r~ p~_ vv .a od 5Ce 62 owe 7 4",7 w he wf. /L S U r -c dm A .)d 'h o Ile" w r 77 P(2. y ( jCjru~ 2 Po (n rv, -t d 4,5 (0,1- 64 , pd C6 r • p t.• S 1995 Lk b11d VMt V of Denton County, Inc. 626 Nortt Locust Denton texas 76201-4127 Phone 817.6666851 May 16, 1995 Fox 817-898-8976 Mr. Lloyd Harrell City Manager City of Damon 215 East McKinney Denton, Texas Dear Lloyd, I wanted to let you krrow what an outstanding job that Frank Robbins, Harry Persaud, and Cecile Crson have done to date with the Neighborhood group of the "Live" action tam for the Vision process. I would personally like to commend their de&4&n, effort and Involvement, It is one thing for a person to "staff' a group, taking notes and snaking sure of room arrogemots. It Is quite another to take a persowi Interest in making cure the group moves forward in a positive and effective manner. All three have been effective In a variety of ways. Frank and Harry have done a great deal of research which has been very WptW to the group. The "boards" they have made to ebow the progress have been effective. The preparation for tho meetings has been timely and well-organized. One of the best attributes that arch brings is their positive attitude, It is nice to ve the smiles and pleasant demeanor each week. Cecile has brought a little different flavor to the group. She has brought her knowledge of collaborative efforts to the group. This has been most valuable. e Each of our liaisons is doing a great job, I appreciate the many hours that each has spent in preparation and implementation to make the Vision a success. I have really egoyed having the opportunity to work with them. Sincerely, Pat Gobble Chief Professional Officer • O • e CJ 1 i. 1 4l'f 1 la t 1 1 ~ .,p i • • OTX Cep Mmpitiss TrxA8 791 nossaroon emery MaMPHIS Iran" TN~e easq.oool r,AM No, 604.8ee-eee4 . June 60 lop$ Jerry Drake city of Denton City Attorney's Office 113 past MOKianey Denton, T11 76101 Door Jerrrr Wbask you ter your 1.lwe this morning is ravievirg the 0!!f Oot«of-ray proposal. Since our eenversetion, i Called our .0.0,068 pa6modle Memel t'lannieq 41GON1ee10no Rxecutive Director 00ty 11leshti, No akN 06 to 4e041 say inloroativu CIwc i might ltsva since he to met tasulu W14b the *ropoui. No suuestod that the UTZ Cities in OW C.0,0o OWt 41W dlsbuoo Wiese Lefvta we sstke any deaislunr. 1 4100 talked With Oioy MMWV r bort'y Smith in the City of Dumas, 1!e is interested Is eattity o me" up fat diasuaoion. 1 just received the tax from Mike Stro46:4 This intormatt" Vill 6e vs helpful in reapopdial to an's proposal. plaose the* his for No No will 166 you know the outcome of ovr usetiu`. it you are iu the raakandla, stop by city 5411 ead dolt u0 x4op a talk., !lnesrely~ Nolvyn Ward • otty Seorotory NM/str • 0 r ;f. dF~~1~„~h~i~C/ti 3~j~~~~Q A~:Na1}4~.lR Uhi i~~~a q`~yS~~ I' a F 'n wr ell, t y.~ Lwnz, L"u i%k, 1 st UX" A4ad J Akan L Va4 e AVi ~.vrL n~ , I Ic.•~ow wka- - a ; V n mA. k~2 dig SO 1~IC4 ~;~IA G~IQaSa ~y1 ~1+(~bs►aln~-, ~e ,may we~e(jso J. Ins ~v 4..~w yc 0&041 w; ll u-0 k~ 01 u„d o~,El l yf .r .1 ~ E ',E ~ i a .~~~fl ~.Y}l~,{~k •~,k {i ~.•V. e _ as e I J. PAUL EPHRAIM, JR. 1919 LOCKOLEY 0£NTON, TtKA6 96701 June B, 1995 Mr. Lloyd Harrell, City Manager City of Denton 215 S. McKinney Denton, Texas 76201 Rear Mr. Harrell: On Saturday afternoon at 1921 Bordham, a worker who was trimming trees accidently dropped a power line. This is a home we have rented to Renton county MW and is occupied by mentally retarded persons, one of whom is in a wheelchair. We were very concerned about the health problems that might be associated with the heat, No called Denton utilities and within 16 minutes, Mr. Mike Gorder arrived. we explained our ooncern about the residents. Mike investigated the damage and advised us Out we needed an electrician to complete same rreeppaairs before be could reconnect the line. We called Hoenig Qlectrical Services and asked Mike to explain the supplies which would be needed. This expedited the repair. Mike stood by and as soon as the repairs were completed, reconnected the line. Mike was a compassionate, concerned, and very skilled technician. I His actions resulted in service being restored with rapidity. The city of Denton is fortunate to have Mike on its staff as are the mentally retarded residents. Please refer this coassendation to Mike, his supervisor, and if within policy have a copy of this letter filed in his personnel folder. You ch, s m Lou and Pau]. Bp im e e e ra': • c+ • I 1 ^9fi f .Ir,. 606 Ridgeorest Circle Denton. TX 76205 City of Denton City Manager's Office 215 East MOXinney Denton. TX Dear Mr. Harrelli I called the solid waste dispatcher's office last week with a problem. The solid waste brook had just left my house and there was a large oil spill at the entranee to rq► driveway. PameL► was the dispatcher an duty. She was very heipiul, and assured we that someone would oars by shortly to assoss t~o problem. Mr. Bob Murray arrived in a short tins and explained what happened' What I thought was a leaky trunk was actually the result of a careless neighbor who put w oil in their oolleetiem• P" oughhitget wasn't the sity's preblos. Bob assurod so he w the sees *lean" up• He returned shortly and solved the problem. I thought you should knew that YOU haw sore wry s and efficient onLIT* os OR your $Wf• 1heir ~s~~~rrit 1 10 make living City of Denton just a litslslo oor too U-1114 Sinvorelys Robrt soya • 6 dune 95 { { 1 ~ J Y'AIyM.I Yli 1.; 1 ~ S 1, ;1 )it gg I N la ley+XU' • JUM 14 DATE: June 12, 1995 TO: Director of Utilities FROM: Kenneth Woods 51? Aspen RE: Note of appreciation On Sunday, June 11, we were experiencing major power fluctuations at our home. When we contacted the City, two very capable men were dispatched to our address. These two gentlemen went out of their way to track down the problem (which turned out to be rather serious and could have caused a fire). Their names were Tim and Brad-.I apologize for not getting their last names. Please extend our gratitude to these moil--we do appreciate their professionalism and thoroughness, i J • • • The Columbia Club Columbia Club 121 Mo mmerx circle 121 Mommkru Circle IndWiwils, IN 46204 Indiar"olls, IN 46204 Tel. (317) 633.1361 Tel. (317) 633 1361 Pax (317) 638-1137 Fix (317) 6383137 14 -64 Rol .oc J1 ~ Y 1~ u alt /h'~ ,"SS M iSy rnl ~ ` 6KAO Q ~1 rN'e+° aae~e c~fWA- e ,a~Q c f kwi The Cdw" Oub The C411110" Cub 121 M&vmw C(rde 121 Maawot circle l(3 7) 63SM36 46204 I 1 Tel e (SM 05 1 Tel 261 Fax (317) 638.3137 Paz (317) 6!W l37 JOW,Ah ~L(v /lfl~►ar C GIU,PP~S ~D 'f~ r U, rY {~Q~i /L 14'1 L~t~J~^"'1 ak► ✓ Ct~ W • X~ &t wc. Nkt . ~a& t4444ae zw mod 144 .e X 66 lu4MY A Q • f ca • I cJD J 1. + OW -fir. 4... ......a . 1 •h r (n ~l y~ > F,' 71, i 3 71,11"711, . _.,r✓f~W1,w..~~.rY1~Y.Y.+W...`n........._....r_ ~ ...y+... rr.,+L._~Y.+..,wN.r ..y.~F.(~ t I Al., lvi} I 1 I ,'A ill II -I 41- 1 1 } e ~ • e 'Ir I~ 1 V ~ ~1 f r~ , • O f±f I El ##t4 l CITY COUNCIL a Of 0~ S At N~ 4 O I • • CITY Of OE'NTON, TdXAS MUNICIPAL BUILDING 0216 E MCK1NNEy a DENTON, TEXAS 78201 (8 f 7) 588.8200 a DFW METRO 434.2528 MEMORANDUM DATE: June 30, 1995 TO: The Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: DRAFT HOTEL OCCUPANCY TAX RE iPIENT CONTRACT Attached Is a draft copy of a proposed contract to allocate hotel occupancy tax revenue. The draft is an example of how a proposed contract with the Chamber of Commerce-Convention and Tourism Bureau woull be worded to Incorporate the direction by Council during the June 20, 1996 work session. Specifically, the allocation percentages presented in Scenario A (see attached) discussed on June 2011 are Incorporated. Plus, language is included to allow any excess hotel occupancy revenue over the budgeted amount to be distributed according to contracted allo ration percentages in the subsequent year, The term of the contract has been estabilohed to be a period of two years beginning October 1, 1996 and ending September 30, 1997, All changes to existing contracts that Incorporate the above have been highlighted for • easy reference. I hope the attached Information is helpful. If I may answer any questions, please advise. Thank you. i i { JF:eI • Atlschments • • AFFOOM "Dedicated to Quality Service" . M1 I 4~ f + 1 1 I l{ ,7` ! m dry f(~1 ~1t~„ f~'%~°r , I~dxf~S,tr~i. f~~ry+l, V:p`}'y~y • • • a "s SCBNARIO A: 1991-% allocation rate decrease reacting from a 1995-% projected budget that approximately equla the 1994-95 budtd, # FAceptios: the Dcaton County Historical Foundation's allocation rate deer"ad by .05. HOTEL OCCUPANCY TAX SUMMARY ` 1991-95 1994_g5 1994-93 1995-% 1995-% 1995-% 19%-97 19%-97 19%-97 Actual Percent of Tax Rate Tax Rate Pemost of Proposed Tax Rate Poment of Proposed Budget Tax Revenue Allocation Allocation Tax Revenue Budget" Allocation Tax Revenue Budget"• Convention and Tourim Bureau 203,200 40,71% 2.85% 2164% 17,71% 203,920 264% 37.71% 210,018 ODAC (opt rat tons) 72,000 14.299E 1.00% 0193% 13.29% 72,340 093% 13.29% 731991 North Talus State Fair Association 68,400 13.57% 0.93% 0.89% 12.57% 68,640 088% 12,57% 70,013 Dcolon County Historical Museum 60,192 11.94% 0.84% 0,78% 11.14% 600840 0.78% 11.14% 62,037 Denton County Historical Poundatlos -i~-m 1,63% 0.11% 0.06% 0.86% 4 0.06% 0,86% 414,000 82.14% 5,73% 5.29% 75.37% 412,620 5129% 75,57% 420,872 4ligible (wily lixpesses 64,500 12.80% 0.90% 0.90% 12.90% 69,875 0.90% 12.80% 71,273 Reserve 23,500 3.06% 0.13% 0.35% $.06% 27,623 0.3596 5.06% 28,178 504,000 100.00% 7,00% 6.54% 91.43% 310,120 64A% 93.43% 520,922 Available for Alternate 0rgaslxations 0.46% 657% 33,480 646% W% 36,596 Projected 7.00% 100.00% 46,000 7.W% 100.00% s,%,9f0 7100% 160100% 5461000 7.00% 100.00% 556,920 'CwrRwrbr ierWNN dry M„w, 6ea 1eNlereprr7er6 4 rN wAe q wrrN oe w tlrreeb d>taNlMi Ne~,r>,dMa.rd to W eDAC brp1Y1 turd Y Mw d Clyr OMnI rrN CMaMM M [ltiw 7Mrle, • "WrWwrrMiau,d llw(SM)r,wai Never at WwlrllfN-M 6aNaee1rrsrr„rwML ! . Nwd w x MIMrd leo(IY: pMaN Never s,r M INI-166rd't i061M.1 09;03AAM C:%I V R 241TAX0II$UM4. WK I • M • DRAFT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR THE PAYMENT AND USX OF 90~kt, TIC REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton Chamber of Commerce, a non-profit corporation incorporated under the laws of the State of Texas (the "Chamber") : I WHEREAS, TEX. TAX CODE 5 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7k) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-67, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of. Denton of seven percent (7%); and WHEREAS, TEX. TAX CODE 5351.101 (a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and con- vention delegates or registrants to the municipality or its vicinity; and WHEREAS, the CHAMBER is well equipped to perform those activities through its Denton Convention and Visitors Bureau; and r WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the CHAMBER as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the CHAMBER agree and contract as follows; 1. HOTEL TAX REVENUE PAYMENT TO CHAMBER 1.1 Consideration. For and in consideration of the activities to be performed by the CHAMBER under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel tax revenue collected s by the CITY at the rates and in the manner specified herein (such payments by the CITY to the CHAMBER sometimes herein referred to as • • "the agreed payments" or "hotel tax funds"). 1.2 Amount of Payments to Chamber. (a) As used in this agreement, the following terms shall have i the following specific meanings; • c~ 0 (i) The "hotel tax revenue" shall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven pe:.:crit (7sk) of the price paid for a room in a hotel, pursuant to ',EX. TAX CODE §351.002 and City Ordinance 86-87, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal. quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quart:er), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to include fees paid to attorneys or agents not in the regular employ of Lhe CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court. ' costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to CHAMBER an amount of money equal to thirty-seven and seventy-one one hundredths of 'a percent (37,71k) of the base payment amount for the period of October 1, 1996, through September 30, 1996 or Two Hundred Five Thousand' Nixie Hundred Twenty Dollars ($205,920,00); whichever is lees. (c) The CITY shall pay to CHAMBER an amount of money equal to thirty-seven and seventy-one one hundredths of a percent, (37,71$): of the base payment amount for the period of October 1, 1996, through September 30, 1997 or Two Hundred Ten Thousand Thirty-eight. Dollars ($23:0,038), whichever is less, plus such amoonb, i£ any, collected over $205,200,00 in the 95-96 budget year based an X7,71$ of the base payment amount for the period of October 1, 1995, ® through September 30, 1996, (d) Should the CITY execute a new contract with CHAMBER to be effective for the 1997-1998 budget year, in addition to the per- centage of the base payment amount authorized by the City Council' to be paid to CHAMBER for the period from October 11 1997, through September +0, 1998, the CHAMBER shall also receive such amount, if C any, collected over $210,038 in the 96-97 burl et year based on O 0 37,711 of the base payment amount for the period of October 1, 1996, through September 30, 1997, unless the parties to the new contract negotiate different payment terms, e p • I - as A 1.3 Dates of payments to Chamber (a) The term "quarterly payments" shall mean payments by the CITY to the CHAMBER of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. (b) CITY shall pay the CHAMBER the agreed pa ants specified in 11.2 above by quarterl payments waxing b 11 vari+ori ane° huotl~sdth' o a °0a csaa 07V1* ail: o e base pay- ment amount (quarteriy) for` the f rst three quarters of yga and the percentage of the base payment amount for the lash quarter of $adh flaaa °ymai shall be adjusted so that the total of the quarterly base payment amounts shall not exceed 1Wb f7k~~} PW46 Thousiand Hins. HundrAd T$000k 15011AX~t 9'!Fi. 6.4Q~r lug " t 19956x.96 lrtooa1 year, and Two Hundred Tbhwf 1*to (1210,.038) tar the. Ott 9G,9'~ 1`e 1< P ,Ac ah guar `er y payment shall be paid to the CHAl~$ on or before the forty-fifth (95th) day after the last day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment (a) until the appropriate reports are received and approved. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CHAMBER. E (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY, II, USE OF HOTEL TAX RBVENUS BY CHAMBER 2.1 Use of Funds. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds • only for the following purposes: (a) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (b) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; • • (c) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved hiatoric sites or museums; PAGE 3 i d 0 c+ • (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. as authorized by TEX. TAX CODE § 351.101(a)(2)-(5). 2.2 Administrative Coate. The hotel. tax funds received from the CITY by the CHAMBER may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- strative costs that are incurred directly in the performance by the CHAMBER of those activities specified in J2.1 above and are allowed by TEX. TAX CODE § 351.101(f), 2.3 Specific Restrictions on Use of Funds. (a) That portion of tonal administrative costs of the CHAMBER for which hotel tax funds may be used shall not exceed that portion of the CHAMBER'S administrative costs actually incurred in con- ducting the activities specified in 92.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the CHAMBER shall prepare and submit to the City Manager of the CITY an annual budget for the next ensuing fis- cal year of this Agreement for the Denton Convention and Visitors I Bureau and any other operation or function of the CHAMBER in which • the hotel. tax funds shall be used by the CHAMBER. This budget shall specifically identify proposed expenditure of hotel tax funds by the CHAMBER. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the CHAMBER any hotel tax revenues aB set contract J."ing any fiscal year of this Agreement utifess a budget O for such respective fiscal year has been approved in writing by the r Denton City Council authorizing the exp0hdituze 6f,AuhdS it audt Section 1. If exceed funds under saatiox 1.7 C}" ptlCltifj ~ ~ previously Approved CHAMBER budget may nadd to be aia~~tded Ct conform with the funds allocated to CHMSER i.n tha CX1~X'p 15+ g~ the CHAMBER budget previously approve i .by tf a s X`;X 3lQL PAGE 4 • d • w aped f c Y :roc nixe they , c p6t -44 uzx ®ka40t 1 ' purpA~ad Par` `w~ sth e~to,~ ~ai~:d wb+. (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the C14AMBER under this Agreement. The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in § 351.101(a) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate account. 3.3 Financial Records. The CHAMBER shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the CHAMBER and, upon reasonably advance written re- quest of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee. 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the CHAMBER shall furnish to the CITY (1) a perormance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. 5 351,101(c) (Vernon 1994). The CHAMBER shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of general meetings of the Denton Chamber of Commerce Board of Dir- ectors as well as any other meeting of any constituency of the CHAMBER at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed • to require the CHAMBER to yi.ve notice of any executive session of the Executive Committee of the CHAMBER. IV. REIMBURSEMENT AND INDDINIFICATION 4.1 Reimbursement of Chamber for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), • the CITY agrees to reimburse the CHAMBER for any and all expenses and costa undertaken b the CHAMBER in performance of those activities specified in ~2.1 above or expenses or costs incurred by the CHAMBER as described in 42.2 above. The CITY is obligated to reimburse the CHAMBER for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of PAGE 5 • 0 1 f r termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costa incurred by the CHAMBER during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the CHAMBER for such period. 4,2 Reimbursement of Chamber for Contractual obligations. in the event that this Agreement is terminated pursuant to Section 5,2(a), the CITY agrees to reimburse the CHAMBER for any and all contractu- al obligations of the CHAMBER undertaken by the CHAMBER in perfor- mance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obliga- tions having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the CHAMBER or to assume the perfor- mance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein shall not exceed TEN THOUSAND DOLLARS ($10,000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of Reimbursement to Chamber. (a) With respect to expenses and costs incurred by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the CHAMBER on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the CHAMBER for which the CITY is obligated to reimburse the CHAMBER as provided in 14.2 above, the CITY shall reimburse the CHAMBER for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 14.2 above. 4.4 Indemnification. The CIIAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by this Agreement, including all such claims or causes ® of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. PAGE 6 ~ A r ~ e 4.5 Insurance. The CHAMBER shall provide insurance as follows: $500,000 Commercial General Liability Statutory Workero' Compensation and Employers' Liability ($250,000/$500,000/$250,000) $500,000 Business Automobile Liability The CITY must be named as an additional, insured (except Workers' Compensation) and proof of coverage shall. be submitted prior to any payment by the CITY. V. TERM ANA TERMINATION 5.1 Term. The term of this Agreement shall Cgtl eE any ait:e) mate at''mi4ln g#~ ,ar~,$~r s itt t 3?,+ r 9 : a Perm sha11 'be d a period of "t;vi ye. 014',4. 5.2 Termination. (a) This Agreement may be terminated by either party by giving the other pasty one hundred eighty (180) days advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the CHAMBER; (ii) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or and assignment by the CHAMBER for the benefit of creditorej (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the CHAMBER for more than tiirty (30) days after written notice of such breach is given to the breaching party by the other partyt or e (iv) The failure of the CHAMBER to submit a financia' ~ report which complies with the recording procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. I VI. GENERAL PROVISIONS e r 6.1 Subcontract for Performance of Services. Nothing in this e Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the CHAMBER with another private entity, person, or organi- zation for the performance of those services described in 12,1 above. In the event that the CHAMBER enters into any arrangement, PAGE 7 e a • contractual or otherwise, with such other entity, person or organi- zation, the CHAMBER shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 6.2 Acknowledgement of Denton Convention and Visitors Bureau. The CITY acknowledges that the services contemplated in this Agreement may be performed by the Denton Convention and Visitors Bureau, a wholly-owned and managed entity within the CHAMBER. Any and all rights, benefits, obligations, and duties under this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to the expenditure of the agreed payments and hotel tax funds, shall inure to the benefit and obligation of the Denton Convention and Visitors Bureau. The Bureau shall not be construed to be a subcontractor or assignee under 16.1 or 16.4 of this Agreement. 6.3 Independent Contractor. The CHAMBER shall operate as an i independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CHAMBER shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the CHAMBER be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.4 Assignment. The CHAMBER shall not assign this Agreement without first obtaining the written consent of the CITY, 6.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified • mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows; CITY CHAMBER If By Mail; City Manager President • City of Denton Denton Chamber of Commerce e e 215 E. ''AcKinney Drawer P Denton, TX 76201 Denton, TX 76202 a PACE 8 • oa r I If by hand-delivery; President Denton Chamber of Commerce 414 W. Parkway Denton, TX 76201 6.6 Inurement, This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors and assigns. 6.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto, 6.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the i parties hereto concerning the subject matter contained herein, i There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.9 Duplicate Originals. This Agreement is executed in duplicate originals. 6.10 Headings. The headings and subheadings of the various sec- tions and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of M, 1995. • THE CITY Or DENTON, TEXAS By. BOB CASTLEBERRY, MAYOR 1 PAGE 9 . . r4 , • • A'PTEST: APPROVED AS TO LEGAL FORM: By. By: JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRE'T'ARY CITY ATTORNEY DENTON CHAMBER OF COMMERCE 3 By: Present ATTEST: 1.PPROVED AS TO LEGAL FORM: By; By: Secretary a . \xvaoca~z~ nwmzz. z • 1 : PAGE 10 i ` r Y ~ r'l l ~ Y Sl • c> 0 C I'TY COUNCIL O 14 ~ 4t0 w. t~;~O t ~ f f Imp • • AQ1~fgNo c AoMa~~o 0 3 ,tipMd,t S A09Ndafte~l,;~'' # 3 . DA ---00 -7 Date CITY of DENTON, TEXAS MUNICIPAL BUILDING @ 215 E McKINNEY a DENTON, TEXAS 7620f (817) 566.8200 # DFW METRO 434.2529 MEMORANDUM DATE: June 16, 1995 TO: Honorable Mayor dnd Members of the City Council THRU: Lloyd V. Harrell, City Manager FROM: Kathy DuBose, Executive Director of Finance SUBJECT: THE PROPOSED 1996-2000 CAPITAL IMPROVEMENT PLAN At the City Council's request, the Planning and Zoning Commission met Wednesday, June 14th, to consider amending their recommendation concerning the 1998.2000 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 5chertr. and authorized by the affirmative votes of Commissioners Cooper, Russell, Norton and Schertz. { Commissioners Fleming and Huey voted in opposition. i The City Charter requires that this recommendation be submitted to the City Manager not less than ninety (90) 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 all 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 lot me know. b , • • ND,af AfrOOM "Dedicated to Quality Service" • • CITY of DENTON, TEXAS MUNICIPAL BUILOING a 215 E. McKINNEY ~ DEN TON, TEXAS 76201 (817) 566.8200 a OP,N METRO 434.2529 MEMORANDUM DATE: June 16, 1995 TO; Honorable Mayor and Members of the City Council THRU: Lloyd V. Harrell, City Manger FROM: Kathy DuBose, Executive Director of Finance 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. 1982 Bond Electlon - 8900,000 designated for University Drive improvements issued in 1983. Of remaining 8803,200: 8250,000 is allocated for right-of-way acquisition, 9249,000 is allocated for landscaping, 8304,200 is unallocated, 1985 Bond Election - 810,000,000 designated for street improvements issued In 1985. Of remaining 8946,000, 8581,600 Is allocated for Locust Street Improvements, 8264,000 is allocated for Elm Street improvements, 8 43,000 is allocated for Teasley Lane improvements, 8 26,000 is allocated for Archer Trail drainage, 8 20,000 is allocated for FM2499 engineering, • 8 12,500 is allocated for Locust Street sidewalks. 1986 Bond Election - Of remaining 83,872,000 authorizedlunissued: 81,500,000 is for Fort Worth Drive paving and drainage, 81,400,000 is for a recreation center, ® 8 972,000 is for streetsltransportationltraffic control. • • / If you have any questions, please let me know. l e AF L\ FpOEB[ "Dedicated to Qualirv Service" • • CfTYo/DENTON,rEXAS MUNICIPAL BUILDING•DENTON,TEXAS 76201•TELEPHONE(8t7)566.8307 Office of the City Manager MEMORANDUM TOi Mayor and Members of the City Council PROMI Lloyd V. Harrell, City Manager DATBi June 15, 1995 9UBJRCTr CIP Blue Ribbon Committee At the last City Council 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? All of the bonds submitted to the voters would be General obligation Bonds and would require a 5091 approval vote before the Council would be authorized to issue any of the bonds. In 1986, seven different propositions were submitted to the voters representing the following categories. e Streets e Transportation e Traffic control- 0 Drainage • e Animal Control Center Expansion • Fire Station and Equipment e Athletic Fields/Neighborhood { e Senior Centers e Library Improvements e Law Enforcement Center/Court complex • 2. What would be the amount of bonds for which the • • City would seek approval? The final amount of bonds would be determined by the city Counc': after a recommendation fr.ow the "Urdicrued to Quality S'enlre • r~ • CIP Blue Ribbon Committee June 15, 1995 Page 2 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 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 1.986, 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. 9. What is the role of the, City Council vis-a-vis the Blue Ribbon Committee? In 1986, the Blue Ribbon Committee began with the adopted CIP and made additions, deletions and alterations 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 • 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 be given to the recommendations forwarded to the Council by the Blue Ribbon Committee. 1 • 5. What is the appropriate timing for the CIP • • election? As noted last week, it will take approximately six months between the time that the City Council • d • w r CIP Blue Ribbon Committee June 15, 1995 Page 3 names the Blue Ribbon Committee until a vote can be held on the CIP bond issue. it is essential that this issue he 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 a~:T- matter. _ loy V. Harre 1 City Manager LVHobw C AMM00684 Attachments l • • • s, • • ( vyi~~~! ~_~'i fi~,~~Tti~~E~}k 4'xYfi't E.,~y d~fl~Y • a► • f „WaNu . Q BA 08 E1@f 2,~-~5~~.St J Im CITY of DENTON, TEXAS MUNICIPAL SUILOWG s DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office 0/ the City Manager MEMORANDUM TO: Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager DATE: June 13, 1995 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 ITTEDi L1 yd v. Harrell City Manager Prepared Byl f ~ Veronica S. Rolen Administrative Assistant II "Dedic•ated ro Quality .Sen,ice ,lvl N h t 'yt., • • maw. DO CITY of DENTON, rEX" MUNICIPAL SUILDING/ DENTON, TEXAS 74201 /TELEPHONE (017) SOO.8307 Office of fhe Clfy manager 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 1985, the voters had approved a $10 million street bond election to build approximately la 1/2 miles of street and repair an additional 20 miles of street. However, this did not meet all of the street needs nor did it address any other city needs. Ribbon CIP Citisen Advisory Committee 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 appointed in September with Hugh Ayer as the leader of the group which came to be known as the Blue Ribbon Citizens CIP Committee. Prgiect selection • Five sub-committees were formed to study the five separate parts of the CIP. The sub-committees were as follows and were chaired by the following persons: Streets/Traffic Jack Miller Drainage Bill Claiborne Library/Law Enforcement /Court Joe Holland ® Athletic Fields/Nsighborhood 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 hold many meetings, conducted fact gathering • O • c~ 0 +oa+ar No - - +~peeaHenr ~ Oats - i - ~ consultations, and made numerous field trips. The five O- committees met with citizens and city staff to determine the needs in each of these areas. Final reports were drafted by each sub- committee in early October. The reports were pared down slightly and submitted to the full Blue Ribbon Committee on October 13. A report of the proposed bond issue from the Blue Ribbon Committee was presented to the City Council an 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 ACtivitier Beginning in October, a series of articles were submitted to the DenL•on Record-Chronicle each week explaining different aspects of the citizen 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 It subdivided into athletic groups, senior citizens and retirement centers, Humane society, Friends of the Library, Domino Club, ministers, Benefit League, and drainage homeowners. The special interest task group made sure that leaders 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 6 group finalized a budget and raised funds to accomplish the tasks • • outlined in the budget. The media representative coordinated media coverage and recruited individuals to write letters to the editor. 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 P O • I- ca • oalr4a wn I 3'i3 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 expansions 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 eleven propositions and each one passed. Pronolition: marginl Streets/Traffic 4:1 Drainage 411 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 1966 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 Lhs proposals to specific interest croups. 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. or. 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 simmary of activities coordinated to ensure the pnssage of the 1986 bond election. Attached please find copVto of the resolutions appointing the Blue Ribbon C2P Committee, he bond proposals, questions and answers about the bond election, task force responsibilities, election activities, and a timeline of activities. a • • Please advise if i can provide additional information. 0. Catherine E. Tuck Administrative Assistant • O s s ,4QIRdi ItM1~,~ LU r't' ~ Ora R E S O L U T I O N WHEREAS, in accordance with the City Charter of the City of Denton, Texas, the Planning and Zoning Commission has submitted a list of recommended capital Improvements to be undertaken in the 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 DENfON HEREBY RESOLVES: SECTION 1. That a Special Citizens Advisory Committee shall be appointed to make recommend atFons to the City Council on the C manner of implementing the City'4 five-year capital improvements plan. SECTION II. That the Special Citizens Advisory Committee shall be composed of such persona 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. 1 That this resolution shall become effective immediately upon its passage and approval. 1 PASSED AND APPROVED this the ~day of July, 1986 • 0 0 , ;C Y F DENTO, TEXAS ATTEST: • ~QTTb EN ALLEN, CITY SbLKtIARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS 8'Y:5~. 111 W`~~ l f~ r • • -Va,wi vu A"Iflal pea R E S O L U T I O N SECTION I. In accordance with the Resolution of the City Council adopted on the lith 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 Ely Darla McDade Bill Brady Jack Miller Derrell Bulls Allis Miller Lucy Campbell Ralph Morrison Nike Campbell Clovis Morrisson, Jr. Bill Claiborne Bettye Myers Jake Craven Kathy Orr Bob Crouch Lisa Patterson Bill Crouch Fred Patterson Frank Davila William 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 Benny Snider John Harris Donna Trammell Lloyd Hindman Ed Wolski Joe Holland Donald Wright Ann Houston A. E. Wyatt John Hughes SECTION 11. That it shall be the charge of said Committee to make recom- mendations to the City Council on the aanner of implementing the City's five-year capital Improvements plan. SECTION 111. i That this resolution shall become effective immediately upon its passage and approval, • PASSED AND APPROVED this the 2nd day of September, 1986. rv RAY 5 , MATOK CITY F DENTON, TEXAS ATTEST: • • Qwal I Q4COF~tTON, 'TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS • • NO. D~ 60 ta, IM f 113 dwombro do "m l city of D"toa Bond ENc"m fcwdod do Donlon Ewcaft ran Bo" BANTAM •I►ILCT • , (SOLETA MUE8TRl1) O 'yo. an 'x` M 1M sw" MUa. nr rrM.w MdkMN+O t 1 W to waft, Mrow wa w,. °x^ N a.ao il ft" r a" WIN 4 fl1MMti M M QW*3 1qN/ /~OMttOM M0.1 ~'1~Drll~itJl lld t} PM M PMMI 10 ~IIMR M~OK~ M no . . .umdmeMrnw . , ~M w ~l C, pwn ~1 = • i MJM f ,►MgII~N !I mvm~m ow 1 ~wwroM~lOMflo.+hlowi~p►Ma~ ~ i, ~ _ q~MPiweN1 ~ MPRO MNM/ r10p11aM NEW ` MOM'o1m No. o "woe1 m M PO114 PAdf N1 ~ - ~s . ROM MOl~C~fIOM 11A f IMR d ~ Tae M Pwa w LAW • w J. ww~ri lar aa+rr fdW a2 3aaolo GoaraY* ; • i I • s POOR QUALITY DMUMGNT 1. MOPOSnION NO. 1 wlrw t ~ILIN Iotk q.4um Mom w~lr.rrr+r° ~ + MAN ANWUL PROPOUMN N0. I T rwarnase CoNrmx cm m ffgpAmsom t^s.n r sMW tiwlro.r.rcrr~w,a„1 slRr ~ PROAMP%N NO ' a. r~ . 11QN A1N1 A mum raww r$dit tinM1~Mm WNW Ir k Lc• y J~ a Y'+ i a is t 10Nr r ~ t PAL- MM~~~If J V^d I w, wr 4` a 1101 !1w ~ fib Y } YR Y~j " M 1a t f •i ! r 1. ,a'r• .r eM.ww~ r . , wrlwr _ w r I~~~A~~ ? 1% W~•.~ f , r n n y 1 LAM 1 r b ~ O O c~ sgen~ 4a • • h d agenaa tem_ op, W 4A IA DaIE w limes 3: o aW~ozu 4 d a N p N ~ 215 E. McKinney BULK FATE Denton, Texas 16291 US . Postage PAID Denton, Texas Permit No 464 I 'DOTE Dec. 13 Civic Center, 321 E. McKinney ~ OtCYrgJ "row's oo~xrt hepuj kAbno)gl AepucN a vc J w d 4- Lu v OOV'.%7ctJ ' 6 3013--hd xcN arxr:tt j ~euulHOW a Gte e1 1) Buippnla ied+o unw xc~xa+t ' xz-..s fl u l lO A seluesgd . cr-,5•s II 1 e • • NOW 100 a 1. i migim tWWa be r4( 11 sure won w 8"00"WmAi lW""""I; TO THE CONCE CITIZENS UENTON: the Decem J, 1!!B6 bond a lrlcllun for the pro No IM711MmbndalM. ,p 411 mMd4p Ihw1 we s e 1*0 CrKIafty aMIMa Ms .noInM111 u,n posed lire teed, capital Implovemenl program is one of WHO IIlo111N b0d4 *Mt* "W Mtw yew 1 IMIAN OOndr .uIWnas a ha V"j wM1 or oI IM Clip Nrar I W In IM and po sail W1111 IWI nih le 1 ok, w aWII IM lea n M 1614" I.tIAO wow 1 Connote 6`6 wl1q l N lu LhIli film ❑losl ciuclal issues lacing our community tion today . Wa M I IMeBnam, I1nd M"4, oo wo it w s w Is olW a u,w hors les(lnnded to twenty ly Iwo questions s that al ,apes, to ItaW.W WN N.N MaNeMNIM OOMMl 211 MNY4. dMWwap4MM tm CH lwbn we K0 lull IrI Appna of Iol IN lMill wooh M.a uo be particularly Inlpoltanl while gallling that every ques !104+101 100 r to Dowd r IK,60tM 4"10 to Ierw .Kt) 1011 w Im1 Ilan, no rill how big or small, deserves an an Sw'er CweMlly. )71 at IM till is. N.r 01 314 Dtl 61001).wu«wn N a.01te t•'a*W°'r Man of IMSe questions ware asked by mambefd of 104,101 roil,~, o, nletl%d1K IM It r ewlNp mw' bald uM4 Y MI been /Iruclulr 4,o IMI Iola 4,1116 M wiI to Hill a Al wha to lKl d Ml a«r d C the Clly Council, Clli,t.ls Blue Ribbon Advisory Coln, the, Mlnl parson can M awa.N WWMl a ON, rnl"" 4M1-Sem*I ama,l lo " OSffryds la ld Ka Ir,lllee end Planning 11.' Zoning Commission upon in 11 1 xw IONMI 00 -1 4 NOM ao. MWx rw pwepoeM roam and n' ptow Itlal review up the recom,,lendW program . Severe, Public MTWOell we O 1100 MW w atenMy Will 111 reed o o lg4adN M W /alx CIOHI A •e it M M1p1••N w to""*? than, mote hWMNIMNWw, 1011•W n4fN room, IwIM loom. ny.uny heslings have been h" and &1181 eight monlhll of In #we. had Wkoo W10Nard sto W a x11 4.01111" E. ' 111190 IM City Ca lj Me Nary adapled 4 CON11Wn HIM fi lIM 0 two M F«nrdarla pMlys wy aWar pJl.Nla Alftt 1 wW ! planning and study, our QsouPa uhanimouaY Cowa till" 1 monllm" Iowa M~o of line " e100o b1 Nw D .Aft CIJ arM M O.W to Illdw N4, Nld Mtwlr I agree that all seven propoaliiona and each apecflle I(o- 0I1ah'8 A,106a1 C,,,NrNHw vi appolnlad to IM bad bKft" loci Is needed in help solve problems IMI exist 10" IMy me mcN l«Mlw.dnlMpta«u rv4Nlfene Noup WN110IWn wbr M 040 POAMN had 6000AW40N aelaeoryi We are atw quilt) pleased to announce that IM c&EMIat In PWO ONW IM MINT Ills or IM popWn 41tl a NNW ana wopN1 l wNI .ill 6 n,e01 plbklr el 11141 aka 1 N•' ON weal kite" If IM Dalkon ho Will MW11N aeWlc Ia0Nmw, had a NW INN, m l Ilwl IonppoveryNnl program has been strucluled so that me 86 Aftid L,llt we poor, wea wNh M loano he"*00im D*mw so" hr MW« dllfonaf leaesea in 100 tax levy is required to land 100 IMNew then ,"01.16. CM,~. K allow blew e1 C~ow CIO 0 fl1111'• PItJQram 01'1 M1 1rMNy ow- a loss/ NIO o eb"bt iw boon lows +o.le p "Now, Nlllap, own" N 1 real NI bNMwl We hope you will sludy the here carefully and vote 4,N AgmlMltvl dew Now propam lift droned In NM Mnya WIar01>t I1oNIN NNO NEawN+wrlwa'e(ky 10lawka 4oll do all seven PrOp011110R/on Dee efMNl l~. IM slew anlpr l l dye bon Mre and M IMOIPM N CWW,44 WIN Hold b till". Onwor y hlM IN 1, rd dlvNOana tow lea a i Ktw1Ng Io KtAdw Far M lishood sorrow holes and ew W 6WA01 to", aM N Wakh w,a since,* thanks and appleclallon, be "M" 00 ae O"GUOW a loft tai l P ON too dl Sa4td 101116w le W P40"w at mO w 60 Ar waled NMI *NoM W Melee INTO WIN M lWgw "d and M 0 eKta rhos *0 o dl•ra/p4d it plep"Not ~rM IMO Iatpeoa/1e11" will aMOw me IM dro+w of Ill*" WIN l lb IMOW4nW, the C 0NMI wr"N Now" NCIWO Iwwe to Flay Slephens, Mayor r4IoVW ealNMg aW A.MIN yIle prMllotMlOn hOM YMdo fowl to unl.wfMy DrM Aw. I 11 ;,.I XW 00 AN II41k am be wNwev M NawaM NM McOM WA "MO% M N IOMded 1 MI prt~lYn 'r l ? roO.41 by 1ok N le" a" &lefN WlpeawMN Mosorele M IM bow Moa'I me eeokoeo so me" plop 61 No /K is M sMl so F l1/ „ Yips MW uMObn N /lexMlp's'aI DrM aM W WoMdrM is Mend in a p'obo Mss ob~ I I Is, Fwso aw/ *peNN to N oNN Ion" Nabs M M2 IM'+oMr Ilugh Ayer, Challmao will No Cary pay pea IoW wl M NN~~rrww.M M e4,% eat N/WM N M aceevM IM 111/ 11Mbw 4,W be cOMUw had In NM A retail 0l1Jen's Blue Ribbon Adm.oly Committee w4,wbbrlap M,Y.I. NJ Mae" IaaM Mi M, std u.a. aalp'tt%a. NNMNo ""le"nlaa60 two lwa/1aMnl M a" to t«lN1r OWN A&"" ewdwM IN /ayMNo son 1 trpwwo INS M 3 to r thei llll alMlllfe lw bow Melt 11111 peas," lade ON t ego, NMIN IMI wove" ato „ 1 f NO ton U a. 710 It s 311 IM loop eon M*tO'6"M$ tan O Iw J for In be bean M NIM ion M Mw 11111!11& wa be bcMO M IM wOrllrwNI pKt1 t way Ma M Ia60 M 4,p N aNMM Fa60Y Nynwdv Fw,r ale be ad OWOMM Of w GH. Boll Cialbenne, Chairman ppNl"l Wo Kl toft"$tWNOW Mby ton Ira004W PlandlflQ and Zoning as Commission me wro M epoeme MINIM 0000%"%Moi aas w oe wNwr AYa11CaMWaw,w aW WelaltpWMN1111Mr I Nr +wad 6 awe bill* 6%0" N Oaf I WwdM pea M to " P60KN lsesd o Mlw"Noto No opi aM 100 IM nwstbw Of anNaaN !"11011 M NM unw 160 IKr11eM M 001 BOND ELECTION o MMMwWMCMo biomlbMA Coo odion leNw+,wpro arNw oNIryNOl60aaa,a4rIMWaNwNM wow, QUESTIONS AND ANSWERS deN"a M w+1 4M wNr TM C0400taaeMy N 1e1o M day 4.M MW %Pat yw M w MN 1 LMw aWIWeeWeM GowlCaool COO NI' d1MY ell the MM" w 6Md opera to anNN Ind b,NaevaM tonallO W4 eta pN I Ny N 6"W" "Ned o e Iaeo shale W W eellrr/IN W CIM Ill bW4Mi u what M b4•V pr.dM4d W shawl ti" aleWlalral lot A nn uecwNw IJ, do. ill Cs#I11d ra0/ In IM Cllr or Donlon will 100 Mike D$ WIMM1 Mo.N IMO M Is*"" w Cony NO bo" F d1 w Ned *A* M" 40"1 N.... poll s to d w1 10^11^« a 11 / wwsbo dew called NW oa► NO Ilaf 13 two a tell"loll N a"" gwo Iw ow books Ipre • M Iywil ly M poM%N CNMNM Mad k%P&Md, Mw , as tlM 4,M AMOCN low ArrWMIM11 ew ins low AMKWbn 00.1 n,"t N "Warn ohovd be awow eprL110 x11 Old l'.l'/ NO btuMt % N 60 NMMe Wr 4,4 ton bW*4 d sit law h leuae IoM a IIMw IpK. N hood p« who, M a Cep" I oprN/Mil pr1V•"'+ NNN+r net rMSww M weave wm NM M Ms IpKw news 1 o« of Al GpW~ Lana Of SWO N /WI d M Oft« M MM Of boa too, s"D"'ha1'b'w"y No "1000 egos NM led wbases e MNN p of two two I N n1.1 pelptiefoloot NO of A l'.aw I I Imoe uNnNn1 M ole who n a wag CHI M 4"18 tool WIN, II a rN1 /160 kAWN new bill" Will. n4, 00 pN t IoW of severe "we "..1" 0011" UppeelMl had pNl« IuMINn NCI. 11 A. !111111 Ilai "'a punk lmVa 'S to 04 & O WOmpi I0 "it N 01 10 Of o M W" r"m"$" of wpm", " 4,N 6 KMwN me, lk 4d w•. IMI Woo pakp IKN11W wee 10wpenNL Iawwa ^'a• wINOA 11a11 7s to MM led NO w aMe N had Mane a b Of Foe 11 Olba rMWNNd N led /owe I" tW« 00* W o cNNan Captive, and 111«1 to Aso "h ow µ0N so* Mode yon loo enlac~ WIN MW too rbox a rot**WWAN II/NWN MIQ^0a^aad CNwlcOwl CGNyw WM110M IM tWNM aaWYiNta 04 4 M "Wd me 1„4,161, C"IK 14M. 1 •I. 11110 . dN Iowa pew" Cdod"W of M NW eMObM%M W ewlnb%M WO on M 1 N M pNOOWeve, w M be NOON f owl IYKIbM will see be 4~6d NMta wyM 0alyawlN M 04,11, a br.Nw lYV1 M Nadr w w'r't•tws "00th P VA McIK M M balls Neol N 11 aM Ngall"I loto/1oe 100 IKI MM IM mw lwtkl% ad M l pallet of le" po AI x" INN, etFMN0n Of 100 an WNe NMwy aw Me Kwk! olw NN R" 4,W to NW lnprN•OO, cple'a' I1tl1011,not1101Vale11x1 Ih14n Ww4pall F"'Mlr+WM"oM w 00th M0a Aloe IM brit "WN101 Nola a}M I„el,,,alnK,t,nn,a,nod OYIM f.11p COUn(,I IM W4nnlrp Ww foany Melu100WaW" 1 10 001 6016 CNINNIC IM IMISMl N Ilea eeaprK "11-1101 IM Ira pea t Wd« rmpraNanl pbn,rp FIND r tnn1 e , ton. a IM potato to not KheduN N Ior1m 111111 NY ow m mm~ 1 a N.M or MAK,I.N oo uanng Mona nWSMN Nor in Wa4c "A" N Ile KN"w M Down INN pea ml the Cllr a • 4,l„nlu.,td,r"1IM g4n11N pUak..M the&elled povpl l rpl.Nnhnp so What Y~Ae NIMWCb INN bMIMpaM NM Plaal aeslq dt10o MM If N 60010 Mee eNM 004 baMM little 11 o naynC „na1N1 ta,NNunlly a1M,Nl,ant Mt) bulLnnMU rho Ia1a operate Ma aw, enorwol ClslwN/NYnIICCMMwsN C"Vwi Mu»IVM IONWI M+Wy 0 It NOttW1Ny eMakNMhs c IM L,q I',n"ul lal IMI mm4 C, oomo eonw l .11 n4MWtal mbM aw tMWlllllg led llKwr 0100,?n 4l A oM k n, w ♦5,...MUn Gdun 181u1 p,U0on bl.1ldY DOmmIIINwM1anMJ Iris FeNv file" old it ham bolding peMlraad ww rdo le" lO a WITHIN "Waited 001104, wd pope III„nR,Itn,nC,o,nm,IIN. 011 LouM.l a,J planning tai 1uninp cal, .100!014 had aNarkwr, 6401 1460 of Ihr Cllr a Dereon0041 WIN V m•„n,n H, upD1d un IM p, oto"ant toll w,o M .alWt w m IM bwnl tonunue Io two uMd lo, Cop pwpWM fan CHI a DMIN 014"0{ y One naltlil""d'a,ttl41MNMIa Calla eppOllw4 YMONO owl o l M 16 of*? be NMIko1 w II le ceps"IMI Ohio npM1N wW Intlrr COA*t,41Ir a IM laws Al IM I:,lp at 04n1on M,k C0,401 billions MKa1od M it 1 %u4, W MI IM IONIC IMplwtwM111 pepaM (n4,«aOwanI CMI W 1CaW 1 C«wpMl 004e1 eMW Cky faKlbne Soho 1 n ue Iwgnpnunil alt WVm•W I4, IM ,o I41 do,wp ulvpuuml Dwel'.KOeblogl"I donNOru444 WMWMwMapvbllt toMKl 10 MD1t11M«13, ow, b$4*W?DOOM woo IODOM I..... IN w1I, b. told 0n1 In. a,u Mt) of In. Won 11 won Ire uled la 0014 lulu IM w Clip NO bodop Mning W4 Nbnklpw tool toot 1 ,.n•., a wa V,,,l.' 4 b Wlll"fry IM ur,1.n1 MH rMn PMJ lu silo Ilene won aM hN nip delpr10My n4M1d 1►Ke eon seli ill IM NOM ton I tMlol a 1 Moo Mrs saoNllefr 46eel NN O1J t J l I I biiinl ,1w.a Iw 1apgN I'll ..."Nn11 IWO a.n. m. Ill 1.W1 Mo tvW ewhling Iplea,. Lo,lwl IM CHI N4n60KY IB/ hot p^N'p1„I m him No.,h in,, 11hWul Ind 1t)„ • . 11 UJa, IM only H M M UN w IM ►Wx w ,,.+ln..l a. n 4U s , u 1 atP VM.a Mon out ,,poll, ,nbb w w I N NMIlIN14nl D«M11ma111 N ~ 03rd rte' • O • w • ~penaaNa ~iw -cc 1 Apenda!Ism !late TASK MASTER RESPONSIBILITIES A. Speaker's Bureau Task Master - Jack Miller Assistant Task Master - Lisa Patterson Staff Liaison - Betty McKean 1. Recruit lay speakers 2. Contact all clubs and get on progress 3. Inform lay speakers of obligations 4. Coordinate with Assistant City Manager Betty McKean B. Fund Raising Task haster - Keith 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 2. Encourage 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 6. Special groups a. Athletic Groups Task Master - Mike Campbell Staff Liaison - Steve Brinkman b. Senior Citizens, Retirement Centers, Nigh Steppers Task Master - Hazel Frederick Start 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 ® f. Uomino Club Task Master - Lois Holland • • Staff Liaison - Steve Brinkman g. Ministers C Task Master - Bill Crouch h. Benefit League Task Master - Donna Trammell s { • i Task Master Responsibiltties -"'-/2--L5 Page 2 D. media kepresentative. Task Master - Bill Claiborne Statf Liaison - Rick Svehla 1. Brief media about the issue (Channel 25, Denton Record Chronicle, university Papers) 2. Coordinates coverage and appropriate presentations 3. Recruit individuals to write "letters to editor" in support of the Issue. L.. Public Relations Director Task Master - Joe H<,lland Staff Liaison - Betty McKean 1. Develop a campaiggn slogan and committee name 2. ubtain approval from steertn; committee 3. Develop campaign material as required F. Letters from Council Members Task Master - bob Gorton Staff Liaison - Lloyd harrell 1. Obtain personal letters and marked lists from Council 2, Arrange for prtvate typing of all letters 3. Arrange for mailing of all letters by 11.8-86. L1. open 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. • / 316014/11100 r, . h • O • agena~ItM11 ~cc~1 f ` Gate ? - ' X13 X9 P/ eLECP1uN ACffV1T1kS A. Prepare Fact Sheet- B. Prepare altde Show (15 minutes) and script C. Letter to all Boards and Commission Members from the Mayor with fact Sheet D. Letter to all boards and Commission Members from Hugh Ayer with Fact Sheet E. Presentations to all Service Clubs and appropriate spectal interest groups o Service Clubs o Chamber of Commerce o Firefighters o Realtors o Police o School Teachers (TSTA 6 DCT) o Bar Association o black Community o State School o Hispanic Community o Dental Society o Benefit 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 o Humane Society o Ministers o Friends of the Library o Nigh Steppers (Senior o Urainage Homeowners Citizens Dance Group) H. Media - Record-Chronicle, University Press, CATV 1. Speakers bureau 1. Lay persons 2. City staff • J. Letter from Lity Council to friends I K. Tours of Police, Library, and Animal Control L. Letters to the Editor 3153M/111086 ~ t ~ a r~i~j~tr n , : i • D1t4 - / 3 1904 BOND UNCTION TINS TABLI July is City Council passes resolution creating a Special Citizens Advisory Committee to implement Capital Improvement Plan september Z city council appoints fifty-one member uitizen committee September 4 First Blue Ribbon CIP Committee meeting: sub-committees appointed September 4 - 30 Sub-committees collect facts, meet with citizen groups, study needs October 4 Sub-committee reports forwarded to Blue Ribbon Committee Chairperson October 0 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 1s Planning and Zoning Commission unanimously approves Blue Ribbon CIP Committee report of five year plan October 41 city council received the Blue Ribbon CIP committee report of five year plan October 20 City Council held a public hearing on the proposed CIP rscormendations November 4 City council passed an ordinance calling for a bond election on December 13 • dovember 17 Press conference held December 13 Voters approved all seven propositions of the bond election C • 0 • X: M. CCITYI.., ff COUNCIL c • ; 4 A u~(S d o ' e •h}° oho ilM1 CITY of DENTONr TEXAS MUNICIPAL SUILDINO ~ 215 E, McKINNEY • DENTON, TEXAS 7620f t817) 666.8200 • DFW METRO 4342629 MEMORANDUM I TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer DATE: June 21, 1996 SUBJECT RESULTS OF THE 1995-98 BUDGET PRIORITIES QUESTIONNAIRE Please find attached the results of the 1995-96 supplemental budget priorities questionnaire. This Information was originally presented to you In your June 20, 1995 Council packet. Unfortunately I have discovered an error in the report provided to you on June 20'", and have attached a revised report for your review. I apologize for any Inconvenience this may have caused you. The responses from each questionnaire have been tabulated and ranked by average score and by priority of response. Please note that results for average score reflect six of seven Council members responding and the results for priority reflect four of seven Council members responding. You will find attached a summary of specific policy issues from the questionnaires returned, f Please let me know if you need additional Information. JF:et ' Attachment AFFOOM "Dedicated to Quality Service" ,j • • r t p(v t t`d 'l~ ~jlf Aj ~ • ea • RE?SUTA'S ON 111E? CITY COUNCII, oarwva 1995-96 SUPPI,HMI6N'PAI, BUDGET PREORI11P!S QUESTIONNAIRE I No OrWom o C (~''~j I averr~vnuur u~ulw cvRrRMT RrMORr ~ I &luxx d CURSSNT wpmT COMINUR CUiIS71WM RT UNYRNRcumof 1wFUNT 4 WRFTAM7TN7.r NK:RRA $ <IPIRMT UPPOrT A Utrt%A7U NMM SPOILT 7 RANKED BY AVERAGE SCORF_ A i EMERGENCY A'~DICAL AMBULANCE 36 6.00 7.00 FIRE PREVENTION 35 6.83 7_00 - - STORM DRAINAG GE 1MPROVF.MENTS 34 6,67 6.00 STREET CONSTRUCTION/REBUILDING 34 6.67 6.76 FIRE SUPPRESSION 33 5.50 7,00 WORKFORCE DIVERSITY 33 6.60 8.60 STREET MAINTENANCE/REPAIR _ 33 6.50 6,76 DRUG ABUSE/ENFORCEMENT PROGRAMS 32 613 6,50 LANDFILL 32 5.33 6.25 CRIME INVESTIGATION 32 6.33 5.00 POUCE PATROL 32 6,33 6.00 JUVENILE JUSTICE SYSTEM 5.17 6,00 CURRENT HOTEL/MOTEL TAX CONTRIBUTIONS - - 30 - 5.00- - 5.60 LONG RANGE COMPREHENSIVE PLANNING 30 600 5.00 ' LITTER PROGRAMS 29 4.83 4,00 INTERNAL AUDIT SERVICES 29 4.83 - 3`60 AIRPORT DEVELOPMENT 28 4.67 6.75 MUNICIPALCOURT 28 4.67 5.50 LIBRARY YOUTH/CHILDREN'S PROGRAMS 28 4.67 6.25 i YOUTH RECREATION PROGRAMS 28 4.67 5.00 DEVELOPMENT REVIEW PROCESS 28 4.67 5.00 PARK MAINTENANCE 28 4.67 6.00 ECON DEV UTIUTY INCENTIVE LINES 27 4.60 6.26 EMERGENCY PREPAREDNESS (MANAGEMENT) 27 4.50 6,26 LOW 8 MODERATE INCOME HOUSING 27 4.60 6.00 ANIMAL CONTROL 27 4.60 6.00 WASTEWATER TREATMENT PLANT 27 4.60 4,76 SENIOR CITIZEN PROGRAMS 27 4.60 4.76 • PUBLIC TRANSPORTATION (SPAN, ETC.) 27 4,60 4.75 • • COMMUNITY ORIENTED POLICING (COPS) 27 4.60 4.76 PERSONNEL RECRUITMENT 27 4.50 4.50 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 27 4.60 4.00 RECREATION CENTER PROGRAMS 27 CSO 4.00 CIVIC CENTER MAINTENANCE 27 4.60 3.26 ECON DEV INCENTIVES (TAX ABATE, ECT,) 26 4.33 6,00 • Cl • CA R1SU1:I'S OF'171E CITY COUNCIL, OW30M 1995-96 SUPPL EMIIN'1'Al, BUDOI3T PRIORPIIIS QUIJS'I'IONNAIRI3 f No ONNUX 0 WAUNAIN CURSIM W'PURT I 3UWAX"LY IXWCXCURWffrEAbIT Y INUIKII CURRWIT FmRT 3 COMWUN CURIHXP Km RT 4 NCIRAM CUIIXMW MIT I WWrANTNiLY 1TN:NLYB CUR RWR WFORT 6 Mi1ATN NeW PiPoIT 1 RANKED BYAVERAGE SCORE Q ,s e t w HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 26 4.33 6.00 BICYCLE/HIKING TRAIL DEVELOPMENT 26 4.33 4.75 CITY BEAUTIFICATION 26 4.33 4.60 UBRARYAUDIOMSUAL SERVICES 26 4.33 4.60 LIBRARY REFERENCE SERVICES 26 4.33 4.50 TRAFFIC SIGNALITATION/ENGINEERING 26 4.33 4.25 EMPLOYEE TRAINING/DEVELOPMENT 26 4.33 4.26 STREET SWEEPING 26 4.33 4 .~S NEW ATHLETIC PROGRAMS 26 413 3.75 RECYCLING EFFORTS 26 4.33 3.60 ECON DEV UTILITY INCENTIVE RATES 25 4.17 6,75 LIBRARYPROGRAMS (IN GENERAL) 26 4.17 6,76 NEW PARKS/PARK EXPANSION 26 4.17 4.76 WATER STORAGEIRESERVES 25 4.17 4.60 SOLID WASTE COLLECTION 26 4.17 3.76 GR'-' NBELT SYSTEM PLANNING/DEVLOPMENT 24 4.00 4.76 LIBRARY EXPANSION 24 4.00 4.60 ENVIRONMENTAL HEALTH (INSPECTIONS, ECT,) 24 4.00 4,60 NEIGHBORHOOD SERVICES (NICE, ETC.) 24 4.00 4.00 RISK MANAGEMENT 24 4,00 3.75 NEW ATHLETIC FIELDS 24 4.00 3.25 - OOWN70------------------------------------------ ST., C.) 23 3.83 4,76 WN REDEVELOPMENT (MAIN ET CONTRIBUTIONS TO HUMAN SERVIrP AGENOIES 23 _ 3.63 4,00 INFO/DATA PROCESSING SERVICES 22 3.67 3,60 BUILDING INSPECTION 21 3150 3,76 LEGAL SERVICES 21 3.60 3.60 TELECOMMUNICATIONS SYSTEM 20 3.33 4,00 DEMOLITION OF SUBSTANDARD BLDG 19 3.17 6,25 ® PARKING/TRAFFICENFORCEMENT i 19 3,17 3.00 O ELECTkIC SERVICE 18 3.00 3.60 SIGN VIOLATION ENFORCEMENT 18 3.00 3.60 OTHER: INFRASTRUCTURES 6 6.00 7.00 0.1123 R23'aUD96111U DPHHP%QUFSII I I. WK • 0 • RFSUTAN OF17I13 CITY COUNCIL, DOW" 1995-96 SUPPLLME?NTAI. NUDGH'I' PRIORPITIN QUIdS'1'IONNAIRE alw&Djm NO OANIDN 0 q]YINATN LUl1Wfl'ITfUlT ' : gumTANMLv RmxvCUll0f tmoIT REVISED 180X9 CURAIM FWMRT C*WMt HCUllKNrZMRT "ClayA)N LIUARFM MOST )Ul6TWnAM'f 0WCU MH C"0 Wf 9"0" 6 IMMTA NUM M74if 7 RANKED BY PRIORITY OF Rf_SPONSE EMERGENCY MEDICAL (AMBULANCE) 36 6.00 7,00 FIRE PREVENTION 35 6.83 7.00 FIRE SUPPRESSION 33 6.50 7.00 WORKFORCE DIVERSITY 33 5.60 6.50 DRUG ABUSE/ENFORCEMENT PROGRAMS 32 8,60 ECON DEV UTILITY INCENTIVE LINES 27 4.50 6.26 STORM DRAINAGE IMPROVEMENTS 34 6.67 6.00 JUVENILE JUSTICE SYSTEM W 6,17 6.00 ECON OEV INCENTIVES AX ABATE, ECT. 26 4.33 6.00 STREET CONSTRUCTION/REBUILDING 34 6.67 6,76 STREET MAINTENANCEIREPAIR 33 6.50 6.76 AIRPORT DEVELOPMENT 28 4,67 5,76 LIBRARY PROGRAMS (IN GENERAL) 26 4.17 6.75 ECON DEV UTILITY INCENTIVE RATES 25 4,17 5.76 CURRENT HOTEL/MOTEL TAX CONTRIBUTIONS 30 6.00 -6,60 L MUNICIPAL COURT 26 _4.67_ 6,50J LANDFILL 32 6.33 6.25 LIBRARY YOUTH/CHILDREN'S PROGRAMS 28 4,67 5.26 EMERGENCY PREPAREDNESS (MANAGEMENT) 27 4.50 6.25 DEMOLITION OF SUBSTANDARD BLDG 19 3.17 6,25 POLICE PATROL 32 6.33 6,00 • CRIME INVESTIGATION 32 6,33 6.00 LONG RANGE COMPREHENSIVE PLANNING 30 5.00 6.00 YOUTH RECREATION PROGRAMS 28 4.67 6.00 DEVELOPMENT RENEW PROCESS 28 4,67 6.00 PARK MAINTENANCE 26 4.67 6.00 LOIN & MODERATE INCOME HOUSING 27 4,60 6,00 ® ANIMALCONTROL 27 4.60 6.00 • • HIGH WEEDS/DEBRIS VIOLATION ENFORCEMENT 26 4.33 5.00 PUBLIC TRANSPORTATION (SPAN, ETC.) 27 _ 4.60 4.76 SENIOR CITIZEN PROGRAMS 27 4.60 4.76 COMMUNITY ORIENTED POLICING (COPS) 27 4.50 4.76 WASTEWATER TREATMENT PLANT 27 4.60 4.75 BICYCLEMIKING TRAIL DEVELOPMENT 26 4.33 4,76 NEW PARKS/PARK EXPANSION 26 4,17 4.76 A 0 • - Q • RNSUI.'IS OI+'ITIF CITY COUNCIL oawros 1995-96 SUPPLIAMRNTAL BUDGET PRIORPI'IRS GUIIS'I'IONNAIRR woonmow m u RIIHMATe CURROff f~R7RT 911W TMf11NLT RWVt'R CIrRR1W 1WV0RT 3 XPLO" W RDIM RMDRT 1 mknwa R R1RRR77T HMRT / 1K&RAS8WR10fTM RT I 9wRlfAX71AUV RN:RRAUM1RWr179b11T S RANKED BY PRIORITY OF RESPONSE 6 I , GREENBELT SYSTEM PLANNINGIDEVLOPMENT 24 4.00 4.76 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) 23 - 3.83 4.76 PERSONNEL RECRUITMENT 27 -4,60 _ 4.60 CITY BEAUTIFICATION 26 4.3$ 4.60 LIBRARY REFERENCE SERVICES 28 4.33 4.60 UBRARYAUDIOMSUALSERVICES 26 4,33 4.60 WATER STORAGEMESERVES 26 4.17 4.50 LBRARYEXPANSION 24 4.00 4,60 ENVIRONMENTAL HEALTH INSPECTIONS, ECT, 24 4.00 4.60 STREET SWEEPING 26 4.33 4.26 EMPLOYEE TRAINING/DEVELOPMENT 26 4.33 4.26 TRAFFIC SIGNALIZATIONIENGINEERING 26 4.33 436 UTTER PROGRAMS 28 4.63 4,00 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 27 4.60 4.00 RECREATION CENTER PROGRAMS 97 4.60 4.00 NEIGHBORHOOD SERVICES (NICE, ETC.) 24 4.00 4,00 CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 23 3.63 4,00 TELECOMMUNICATIONS SYST_EM_ 20 3,33 4.00 y NF.WATHLETICPROGRAMS _ --Y 26 4.33 3176 1 SOLID WASTE COLLECTION 26 4.17 3.76 R I S K MANAGE 'A EN r 24 4.00 3.76 BUILDING INSPECTION 21 3.60 3.76 INTERNAL AUDIT SERVICES 29 4.63 3.60 RECYCLING EFFORTS 20 4133 3.60 INFO/DATA PROCESSING SERVICES 22 3.67 3.60 LEGAL SERVICES 21 3.60 3.60 SIGN VIOLATION ENFORCEMENT 16 3.00 3160 • l ELECTRIO SERVICE 18 3_00_ _ 3.60 CIVIC CENTER MAINTENANCE 27 4.60 3.26 • • NEW ATHLETIC FIELDS 24 4.00 3.26 JARKINGJTRAFFICENFORCEMENT 10 3,17 3.00 J i OTHER: j INFRASTRUCTURES 6 6.00 7.00 • 0 , • I Below are spa actions or direction lima to stn by IndlyiduoU ' u mom fora or r ro opmeal of the 1995-96annual budset. C.ommentr lnoludod in bractou were inserted by staff forclarlf estlon purposes. ~y Develop a firefighters volunteer reserve. Sarno training as full-line employees ~sh SPAN -create "reverse' routes so passengers don't have to make round trips Add more fireflghtervEMS pem)nnel. Increase efforts to diversify the department. Now playground equipment for Fred Moore Pe rk, also now restnwms for Lost stele of park, three now water fountains, picnic tables, new picnic provision fornorthePat side of the park. Ilighest Priority - additional firefighter&MMS outside experts to help plan placement of fire stations & insure adequate coverago for downtown, To build a public across from Martin Luther King Center. Repair crossing on Prairie next to Denton Concrete, also conere to drain that runs from Den ton Concrete to Pecan Creek, both ewes of old market track. I In regards to airport development) our weak link is our ITRO's. Develop plan for re-opening fi^n station *1. Further streamlining development pnmst I To create a new mobil Jbrary system. New Athletic Programs '-."ciallyAdult programs are not adequately financed or operated} No more park acquisition (unless Il's'pocket parks' for neighborhoods) until what we havo is developed and wa have adequate funds for maintenance. MaYeTMPAa priority- especially its long-term competitiveness. To build a senior citizen building on the southeast section of Fred Moore Park. Could we contract oul "sporadic activities" -like keeping young trees adlve7 Cummunily Calendar (including Universities) on computer and updated daily. We need minority Fireman. Neighborhood aswxiatiorr covering entire citiy; bring them into CIP process. Develop neighborhood based service delivery- matching funds for nc!E! borhood projects. Encourage the rebuilding of thu west side of the Court house square, I Continued strong support for VISION. Worksomovisionideas into this year'u,,.dgelandCIP. 'the extension of Newton Street to Scott Street. • Incentives for Development) -not in a vacuum, f+ach case on It's own. Cl P. Clet City completely on-line. Accessible to any Internet user around the world. bring computer operations Into 21st century. Linkup with Universities, DISD, businesses. ® Improve the entire development and development reviewprocess. Trulystroamline the process and make it user frkndly. • • The concreting of Willow Creek from Kerley Street to Pecan Crack. Civic Center - improvements to make it more uiefbl, esixcialiy improved acouslics and a kitchcm Renovate the current playground equipment in Fred Moore Park. Storm drainage improvements need to be done not with CIP funds but with user fees. • ~ ' vac. • • _ f Mir Below are speciflosetions or reo g won to s4 by ualcV4We asembers or development 1995-96 manualbudget Cbsaments Iacfuded In bracltets sere inserted by staff for elariRestba purpumo Provide support for the community's visioning program. Repair railroad crossing on Past Prairie Strut. Cable TV - alternate financing option to expand service. The oouaeting of Pecan Creek from Bradshaw to the Phoenix Park. j Greater conoentrationon downtown. Begiatoimpiement'Play'Visiongroupmcomntendations. To build industrial road to MsyhW Road. Improve amen to airport area. Make airport operations more professional. The eouaeting of Paean Creek from Sycamore to East of Audra Lane. Start to Implement Solid Waste Committee's ruDmi ttendatlons, The extension or Morse Street to Loop 289. Include TntramcwaW Vision mom mendatlons in hudgot and In CIP, Resurfacing of all streets in District I that are In need of repair. C:112d R231BUD96).8UDPRMQU EMIT. WK I 3 f •j r • J i 0 -fit CITY COUNCIL k a I o+ e, a Nj . : o Y b a n pro"• t~4p~0 a r s o i o f City Council Handout 6/5/95 f THE DENTON COUNTY TEXAS OUTDOOR AMPHITHEATRE Presented By The Board Of Trustees Denton County Amphitheatre Association, Inc, July 5, 1994 a • e s THE INTENT AND PURPOSE OF THE DENTON COUNTY AMPHITHEATER: The principal purpose of the amphitheatre is to attract tourists to Denton and the Denton area through the presentation of an outdoor drama similar in concept to those found in other parts of the United States. The outdoor drama would give the audience the historic flavor of Texas, its place in U.S. and frontier history. The drama would be presented to be of interest to family audiences of all ages and backgrounds. In addition, the amphitheater could be used for other functions during those periods not reserved for the principle function. These might include, other theatrical and musical presentations, religious pageants, sunrise services, memorial services, etc. BENEFITS TO DENTON AND ITS ECONOMY According to the Institute of Outdoor Drama, located in Chapel [till, N.C. A 1,500 seat amphitheater in Denton County averaging a paid attendance $ 1,000 cumber of performances 60 total paid attendance $ 60,000 k average ticket price $ 10 total ticket sales $ 600,000 The direct economic impact of the outdoor production is derived from multiplying the ticket sales ($600,000) by a dollar turnover factor of 3.5 which equals $2,100,000, That is just the economic impact of the ticket sales. If those 60,000 people spend $70 per person each at the Park, hotels, restaurants, service stations and shopping centers, they will spend $4,200,000 each summer in the Denton area. Multiplied by the dollar turnover factor of 3.5, the economic impact of additional sales is $14,700,000 e In order to get the direct and indirect economic impact of the production the ticket sales impact and tourist sales impact must be totaled. The total economic impact per season for an outdoor drama housed in an outdoor amphitheater in the Denton area is $16,8001000. While this historic production would appeal to the local citizens of Denton, the market for this • production is the tourist. As a result of the production, we can expect that the growth of tourism in Denton County will necessitate the use of existing, as well as, the constriction of facilities for handling travel trade. e 0 • • _ I Additional motels, restaurants, and service stations are essential to the area. It has also been shown that historical museums, amusements, and campgrounds receive increased trade. To add validity to these estimates consider the success of "TEXAS" at Canyon, TX. (See attached,) BENEFITS TO THE CITY OF DENTON: The amphitheater will bring commerce to the City of Denton by way of a major entertainment facility. A facility that wit] accommodate between 60.90,000 people during the summer productions. 11 is quite conceivable that the Denton Area could become one of the most successful family tourist attraction areas in Texas. The Denton area is an ideal setting. The Institute of Outdoor Drama suggests that an outdoor drama is most successful if the amphitheater is located on a wooded slope of an isolated piece of property. It is preferable if visitors drive at least a short distance in order to feet a "sense of adventure." There should be easy highway access with a major metropolitan area within 200 miles. The property should generally be free of air traffic and highway noise. Obviously, Denton's location n a major North-South Interstate, 1-35 and easy access to Fast- West Interstates 1-20 and 1-30 as well as other major roadways within 200 miles make Denton an ideal area. This production will not be the only outdoor historic drama in the North 'Texas area. Others include, "Texas" the story of the Texas Panhandle staged near Canyon and "The Promise" at Glen Rose. Other North Texas outdoor historic dramas are being planned. The Indian heritage of East Texas is planned for Commerce, the story of the Loving Family (Gus in McMurtry's Lonesome Dove) will be staged near Mineral Wells, the Legends of the Texas Ranger will be staged at Waco and consideration is being given to a production at Salado. That may sound like a lot of outdoor drama, and it would be if just North Texans were to be the only audience. However, existing outdoor dramas attract people from all over the United States, North America and the rest of the world. North Carolina is the current "capitol of outdoor dramas" with I I productions. They are soon to be rivaled by Texas - three in existence, and 5 more currently planned, including ours, Others in Texas will surely follow. Keep in mind also • that North Carolina is on the East Coast, while Texas is at the "Center of the Universe." What's most exciting to me is that our Association has obtained the rights to "The Lone Star" Paul Greene's outdoor drama of the Texas Revolution. Who in the world doesn't know of Texas and its fight for independence? Who in the world would not like to see the drama staged in a massive outdoor amphitheatre with a 500 foot stage? What family in the world that is able A would not travel to see the story of the Lone Star State? • • • 4 I • THE PROMOTION PROCESS The actual amphitheatre is still a few years away. In the meantime it is important for the Association to develop and maintain a strong liaison with other outdoor dramas, particularly those in North Texas, This is in keeping with the PHH Fantus recommendation to exploit our presence in the region. I have met with representatives of existing and proposed outdoor dramas in North Texas and suggested that there be formed an advertising alliance to promote the North Texas region as an outdoor drama mecca. All were in agreement. They are looking to our Association to take the lead in coordinating the group. To accomplish this and to promote Denton as a tourist attraction and a future amphitheatre site, we will need to meet with the others to keep informed of the progress of existing and projected amphitheaters. This activity will entail some regional travel and administrative expenses. For that reason we are asking to be included in your consideration of distribution of the Hotel Occupancy Tax funds. I I • • • 1994 Economic Impact of "TEXAS" (Canyon, TX) Direct Annual Attendance Annual attendance 92,000 per person per visit _ $112.50_ _ $10,350,000.00 Direct Operating Expenses Production Expenses $459,572.00 Theatre Expenses 104,690.00 General & Administrative Expensives 346,484.00 = $910,746.00 Indirect Annual Attendance Additilonal visitors to area as result of 10,000.00 drama (bus drivers, hosts, individuals $112.50 = $1,125,000.00 accompaning others who attend drama). Total Spending $12,385,746.00 Multiplier 3.0 1994 TOTAL ECONOMIC IMPACT $37,167,238.00 SOURCE, Wmi Texas AAM UNwn y 1 • • • 0 1 . Y I t EE N C) e J 1 • o E~1 f 0 0