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HomeMy WebLinkAbout07-3-1979 ell, a *P AGENDA CITY OF DENTON CITY COUNCIL July 10, 1979 Special Called Meeting of the City of Denton City Council Tuesday, July 10, 19791 at 7:00 P.M, in the Council Chambers of the j Municipal Building. t 1, Consider participating in the "Sister Cities" Program, r-- 2. Consider a review of the "Truth in Taxation" and "Tax Relief" legislation. 3. Consider a resolution delaying for one year the application of provisions under H.8, 10601 Article I prescribing appraisal of agricultural land, 4. Consider a resolution of appreciation for Alan Woods - Milk Inspector. { S.• Consider a revtes; of the procedures for, calcuNting penalty charges oo late utility bills. 6. 'Consider a report on the.status of the Central Fire Station and provide direction for the Staff. 7. Review and consider payment of water line agreement with Andrew Corporation. participation i B. Consider authorizing the Staff to advertise for proposals € for a Dallas/Denton jointly sponsorea Financial Feasibility Study for Aubrey Reservoir. I '9. Consider awarding a contract for engineering services to Freese and Nichols for a comprehensive review and update E of Denton 's 1976 report on long-range water supply, 10. Consider establishing a policy on disposal of surplus property. k 11, Consider a revision to the Ordinance irgarding approval of Subdivision Plats. i +,r rLp TR`_T= : IN TA I'.. j J!~ O • § 1 GUIDELINES- TO t ADMINISTERING OUSE BILL 18 I~ i COMPUTING THE TA RA` E F PUBLIC NOTICE E REQUIREMENTS i R DIA.PBRAISAL NOTICB REQUIREMENT PREPARED BY THE AD VALOREM TAX DIVISION BOB BULLOCK COMPTROLLER OF PUBLIC ACCOUNTS j 1~f 1 Y i sic c~a ~ , COMP"1'12OL1_I;IZ OF PUBLIC ACCOUNTS S'l'A'111. 01-4 T l's X A S AUSTIK 78774 ` CW1=r _FOREWORD Dear Fellow Texans: a 18e Second-Called Session of the 65th Texas Legislature pa r so-called Truth in Taxation Bill ,•which has been codified House TEX. REV. CiV, STAT. ANN. art. 7244c (~'ernon Supp, 1979), The effective date of this law is January 1 1979. This booklet was written to assist you in E the administration of this Act, i This booklet contains a basic analysis of the law and SUGGEST which may be used in calculating a tax rate. We, hope these procedures' give you a workable approach with which to admihister this law. Every effort will be made by my'office to assist you in•the administration 1 ' of this Act, Feel free to contact us with your problems. We considtsr it i a priaile a to work with you in giving better service to our citizens. 'Inc E 808 BULLOCK Comptroller of Public Accounts , TOLL FREE NUMBER: 1.800-252-5555 i [ fff E f ' nnMnlrlrmorhNfvMnNrwrr: Mil , GENERAL INFORMATION ±t ' r Introduction This new law requires each Texas tax assessor-collector to cal- culate an "effective tax rate" a jurisdiction year for his or her taxing ' . F^ Effective Date The information and procedures in this guide are effective January 1, 1979. Rev,:nue Produced t I by this Tax Rate This tax rate, when applied to the ,jurisdiction's taxable I assessed value, will produce: d { @ sufficient revenue for the current year's debt service and 5 a art additional amount of revenue equal to the previous year's operating expense. Setting the _ Annual Tax Rate The annual tax rate for a taxing unit must be set ~b± ordinance, resolution, or. order, depending on the me how r prescr ed 6y aw or OopEion of a law by the governing ; i body. o The vote on this ordinance resolution, or order must be se crate from the vote adopting the budget. { Requirement for Property Taxes The jurisdiction may NOT impose property taxes UNLESS the governing bogy adopts a tax rate set by ordinance, resolution or order, according to the method prescribed by law. z , I 5 { , J J I .K.w~ I h , i a RELIMINARY PROCEDURES i fork Sheets Two worksheets are included in this booklet: • The blank worksheet maiy be reproduced and used to help you calculate the tax rate each ye.ir. e A completed worksheet for a hypothetical taxing jurisdiction M1 is included as an exaro)le. Obtaining the Eleven figur A-K Eleven different figures (labeled A through K) must be obtained e ore you cen ina e e six calculations necessary to determine the tax rate: • Seven of these figures can be obtained from the records of die lax office. (A, B, C, D, E, J, K) The other four figures will probably be found in the office of the surfis~i~ction's auditor. (f, G, H, 1.) Recommendations Some changes in the maintenance of the tax records may be desirable. A tax assessor may want to maintain separate records j of; • Property annexed sincq January 1 of the preceding tax year, s Improvements to real estate made since January 1 of the preceding tax year s Real property that was on•a previous year's roll, but It not on a current year roll due to de-annexation or destruction, 1 etc. ,e Property exempt in a current year which was not exempt in the previous year. ~ I i a ' I . H.J.R.11 AMENDMENT TO THE TEXAS CONSTITUTION Introduction In November of 1978, the people of Texas voted on and passed an amendment to the Texas Constitution, In part, it specifies that z Article VIII of the Texas Constitution be amended by adding Section 21. t j Section 21, particle VIII, Proposed "5 c 21 y enet•al law, ~the.to al aSub mount of property ptionaxess inposediby abpolitical subdivision in any year may not exceed the total amount of pro- perty taxes imposed by that subdivision in the preceding x unless the governing body0of the subdivision gives notice ofyits I intent to consider an increase in taxes and holds a public hearing on the proposed increase before it increases those total taxes. The legislature shall prescribe by law the foam; content, i timing, and methods of giving the notice and the rules for the { conduct of the hearing," Art. 7244(C) ? Satisfies the Amendment Requirement The staff of the Texas Legislative Council has determined that 11 Art. 7244(c) is intended to be an "exception ~~resribed by general law". Therefore, com fiance with Art, 1244 c satisfies he re uiremen s o , he cono4T_,,mendmen , I Note Initially, there was some concern that the proposed Constitu- tional Amendment would supersede art. 7244(c) and reQQUire addi- tional notice to taxpayers any time the total amount of taxes for one year exceeded the total amount of taxes for the previous year. i E i I P. 1 NOTICk OF REAPPRAISAL Written Notice N. to Property Owners If the assessed value any property oh Hr's praaerty has been 1 k Increased than GO abovs ;ts as- e preceding year r The tax asses mail sor must E l at least public hearingsa written notice to the hol ding property owner twenty (20) days before the Board of quaitatlon begins , . Notice Requirements The notice must include; (1) The value of the property N the preceding year; l (2) year amount of taxes iqpposed on the property the preceding I (3) The value of the property for the current year; and (4) The amount of taxes that will be imposed on the basis of that value if neither the tax rate nor the ratio of assessment in effect for the unit in the preceding year is reduced. { t I • A' i 4 I I INCREASING THE TAX RATE # Importantt The governing body may not adopt a tax rate that exceeds by more NI.«.,..h..I.,Mi.Y..MIM,NM..h.w..X01..1...«.IM2:+.,M~.I...M....L,.Mf.,tl,...1w.M.N,K,,•w.i..-.,..... U 3% the rate calculated and publicized by the tax assessor until the governing body has: t 1. Given public notice of its intent and 2. Held a public hearing on the proposed increase i Process Public Notice for is given by (See details-of Tax Rate A. * First-class mail each stage of this Increase t- or process on the ` I * Newspaper following pages.) I 1 j I at least 7 days I~ I i y F I ! I I Public Hearing I is held: • Between 5 P.M. b 9:00 P.M. a a Within taking unit's, ggeographical area • 1n a suitable building, I a Date, time d, lace of vote oust be announced i I I I Public Notice ' on vote is given by: C Ffirs£-class mail I or ~ I e Newspaper ~ j f 3 to 14 days after Public Hearin (B) ! A, If the tax increase is Vote on Tax Increase not adopted, the D is held: See governing body must - - - W a Within taxing unit's Notito of Reappralsll again give notice. ggeographical area Page 11. In a suitable building +EMAS1NG THE TAX RATE Public Notice and _ Public Hearing a Not Required At any time, the governing body of a taxing unit may, without public-notice and public hearing, adopt a tax rate lower O an he k rate calculated by the tax assessor. ` Requirements Any annual tax rate, whether increased or decreased, must: 1 a always be adopted by an ordinance, resolution or order, depending on the method prescribed by law for Aoption of a ~I r. low by the governing body e always be adopted by a vote separate from the vote adopting j the budget. y i {r • it v....--........ _ _ f t. 1" 1 +I f STAGES REQUIRED FOR INCREASING THE TAX RATE Stage Table a e Process A Before a hearing is held on a tax rate increase the, tsxing unit's governing body nest give notice to the public in the following manner: "NOTICE OF TAX INCREASE" "THE name of taxin unite PROPOSES TO INCREASE YOUR PROPEBY (%i'ncrese over the rate calculated I by tax assessor) - I j A PUBLIC HEARING ON THE PROPOSED INCREASE FULL BE HELD { ON date and time AT (meeting place ! VOTING FOR THE INCREASE: VOTING AGAINST THE INCREASE: ry ABSENT: 1 Require The Notice may be: ments a mailed by first class mail to each registered- { voter resic`lioq-iRrMe taMng unit OR e published in a news a er a The newspaper notice cannot be smaller than one-quarter page of a standard-size or a tabloid-size newspaper and i s The headline on the notice must be in 18 point I or larger type. I a The notice may rot be placed in the part of the newspaper where legal notices and clasAl- i fled ads appear, Continued I i i i 5 STAGES REQUIRED FOR INCREASING { THE TAX RATE, Continued ' Stage _ a e Process Table. Continued' g At least seven (7) days after notice of the' hearing has been given, the governing body' mush hold a public hearing on the proposed tax in- crease. A Requirements The hearing must, a be held on a weekday that is not a public holiday s begin after 5:00 P.M. and before 9:00 P.M. a be held in a public building (or some other • ' suitable building) within the geographical boundaries of the taxing unit. i 1 provide adequate opportunity for both sides to present their views. + I s include an announcement by the governing body k of the date, time and' place of the meeting I for the vote on the proposed tax increase, F Continued i + STAGES REQUIRED FOR INCREASING + THE TAX RATE, Continued ..,....,««...:.wAS....N..~c+wF.....rnb...~r....F..w«rn.c ;~r.~w1'•+A1aw1YRINwY~!ls ! .ial'~.Ml~(iA14 Table, age Process Continued " C The governing body must give public notice as to the date, time, anti place of the meeting for the vote in the same manner as that no ce was given on he public hearing (first ctass mail or news- ; paper) "NOTICE OF TAX INCREASE" "THE name of taxin unit PROPOSES TO INCREASE YOUR PROPf~$~- ncrese over the rate calculated by tax assessor) A PUBLIC MEETING TO VOTE ON THE PROPOSED INCREASE VII LL BE HELD ON date and time AT meetin place VOTING FOR THE INCREASE: VOTING AGAINST THE INCREASE: ABSENT: i i O The meeting to vote on the proposed tax increase must be held no earlier than the third day nor later than the lithe day after the date of the public hearing. Require The meeting for the vote must be hold in a public E ment building (or some other suitable buildingg) inside the geographical boundaires of the taxing unit. Please Notice If the tax increase As not adoL• ed Cy tt+e 14th day after, the date of the public heariWg,`The governing body must give new notice before it may adopt a rate higher than the rate calculated by the Assessor-Collector. TEXAS LEGISLATIVE SERVICE H. B.tS' AS FINALLY PASSED AND SENT TO THE GOVERNOR AN ACT relating to restricting Increases I I • _ 9 property !axes by local laxls~o uni+~ 6_." u I , ric LCUwLA I UHt Ut- I HE S iATE OF TEXAS: SECTION 1. CALCULATION OF EFFECTIVE TAX RATE. (a) After the board of equalization has approved and certified the tax roll fora taxing unit, the tax assessor for the uni: shall subtract from tt,o total assessed %alue of all property on the roll the asses,Ed value of ell p-eoertyadded to the roll since the preceding tax year by annexation of terriloly and the assessed value of all i Improvements made after January 1 of the preceding tax year. (b) The assessor shall subrtact from the total amount of property taxes levied by the unit In tho preceding year: (1) the total amount levied In that year on real property that Is not on the roil for thecurrentyear; (2) the total amount levied to pay the principal of end intereston bonds, warrants, certificates of obligation, or other lawfully authorized evidences of Indebtedness issued or assumed bythe Iln1t; (3) the total amount levied to provido for lawfully Incurred contractual obligations providing { security for the payment of principal of and Interest on bonds or other evidences of Indebtedness Issued on behalf of the unit by another political subdivision; and j (4) iho total amount levied in the preceding year on taxeble value that Is exempt in the current 1 year. (c) The assessor shall calculate the tax rate necessary for the current tax year to pay: (1) principal of and Interest on bonds, warrants, certificates. of obligation, or other lawfully authorized evidences of Indebtedness Issued or assumed by the unit; and (2) lawfully Incurred contractual obligations providing security for the payment of principal of and interest on bonds or other evidences of Indebtedness Issued on behalf of the unit by another political subdivislon. (d) The assessor shall then calculate the fax rate that, if applied to the total assessed value j remaining after subtracting the assessed value of annexed property and new improvements, would Impose the total dollar amount of taxes determined as provided by Subsection (b) of this section. 1 (e) The assessor shall add the debt-service rate calculated as provided bySubsection(c)ofthis section and the operat(ng-expense rate calculated as providcd by Subsection (d) of this section. That total rate Is the tax rate that is subject 10 the tax rate Iimi etions provided by this Act. The assessor shall publicize that rate Ina mannerdesigned to come to the attention of all residents and submit iho rate to the governing body of the unit. S!'7.TION 2. LIMITATIONS ON INCREASING EFFECTIVE RATE. The taxing unit may not lmpo o property taxes In any year until the governing body has adopted a tax rate for that year, and the ltovernlng body may not adopt a tax rate that exceeds the rate calculated and announced under Section 1 of this Act by more than three percent until It has given public nollco of Its inten- tion to adopt a higher rate and has held a public hearing on the proposed Increase. SECTION 3. NOTICE AND PUBLIC HEARING ON INCREASE, (a) A public hearing required by this Act may not be held before the seventh dayafler the date the nonce of Intent to Increase the tax rate is given. The hearing must be on a weekday that is not a publle holiday and must begin ahem; p.m. and before 0 p.m. The hearing must be held In a publlo building inside the geographl- eel boundaries of tho taxing unit. It no publicbuilding is avatlable,the hearing may be held In some other suitable building Inside the geographical boundaries of the unit, At the hearing, the govern- Ing body must afford adequate opportunity for proponents and opponents of the tax Increaso to present their views. The notice of a public hearing may not be smaller than one-quarter page ofa standard-size 'tblold-size newspaper, and the headline on the notice must beln 18-point or larger type. The 1 e must be In the following form: "NOTICE OF TAX INCREASE" le (name of the taxing unit) proposes to increase your property taxes by (p,rcentage of ase over the rate submitted under Suction t of this Act) percet. public hearing on the increase will be held on (date and time)nat (meeting place). James of all members of the governing body; showlnn vvdre ausem, maicating the absenc,: s.)" _ r" y~vNW014U ' I The notice may be mailed by first-class matl to each registered voter residing in the unit orit be published in a newspaper. If the notice is published in a newspaper, it may nct be In the of the paper in which legal notices and classified advertisements appear. cCTION4. ADOPTION OF INCREASED TAX RATE, (a) At the public hearing ;t,egoverning yshall announce the date, time, and place of the meeting at which it will vote on the proposed increase. After the hearing it shall give notice of the meeting in the form and manner provided i Section 3 of this Act, except that the second paragraph of the notice must state: 4 public meeting to vote on the proposed Increase will be held on (date and time) at (meeting, The meeting to vote on the increase may not be earlier than the 3rd dayor(aterthen the14th t r after the date of the public hearing. The meeting must be held In a public building inside the )graphlcol boundaries of the taxing unit. If no public building is available, the meeting may be d in some other suitable building insl0e the geographical boundaries of the unit, If the govern- !body does clot adopt the increase by the 14th day, it must give a new notice under Subsection of this section before it may t',,dopl a rate higher than that announced under Section 1 of this ;c) The annual tax rate for a taxing unit must beset by ordinance, resolution, or order, depend- on the method prescribed by law for adoption of a law by the governrn'g body. The vote on the i dinance, resolution, or order setting the tax rate must be separate from the vote adopting the fidget. (d) The governing body of a taxing unit may decreaso the official tax rate for the current year at ty time. i SECTION 5. NOTICE OF REAPPRAISAL, (a) Not later than the 20th day before the date the oard of equalization for a taxing unit begins holding public hearings, the assessor for the unit Hall mall a,wrilten notice to each property owner whose property value has been Increased by tore than $100 above Its value in the preceding year. (b) The assessor shall Include In the notlco: (1) the valuo'of the properly in the preceding year; (2) the amount of taxes Imposeo on the properly the preceding year, (3) the value of the property for the current year; and (4) the amount of taxes that will be Imposed on the basis of that value If neither the tax rate nor ho ratio of assessment In effect for the unit In the preceding year is reduced, i SECTION 6, TAXING UNIT DEFINED. For purposes of this Act, "taxing unll" means a county, an incorpora(ed city or town, Including a home-rule city, a school district, a special district or i authority, or any other political subdlvislcn of this state, whether created by of under the constitu- tion or a local, special, or general law, that is authorized to Impose and Is imposing ad valorem taxes on property. SECTION 7. EFFECTIVE DATE, This Act lakes effect January 1, 19, y. SECTION 8. EMERGENCY, The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperefive public necessity that the .constitutional rule requlring bills to be read on three several days In each house be suspended, and this rule Is hereby suspended. .END- I I e I~ . I ~ H. B. 1060 - IMPLEMENTATION OF THE "TAX RELIEF" AMENDMENT BB-1060 as passed on May 28, 1979, implements the provisions of the Constitu- i tional Amendment approved in November of 19'8. Several of the provisions of HB-1060 require immediate action on the part of the school districts and other comrentston whichBejlow when y the provisions take effett,s and comments on actions required by the jurisdiction. I Article 1 "Appraisal of Agricultural land" - Applies to all jurisdictions This Article defines which lands will qualify for ey9ricultural use valua- tion, how such valuation shall be made, roll back penalties, and application procedures. Qualified open-space land is land currently devoted pprincipally to agri- cultural use and with a history of such use for at least 5 of the preceding i k 7 years. Agricultural use includes any raising of livestock, crops, orchards, etc., and also includes land left idle is part of normal crop or livestock ro- tation or to participate in a government program. I Article 1 requires the local tax assessor-collector to determine the cite- gorses of agricultural use existing within the jurlsdictton, and to determine the average annual net incase for each category which a person using prudent management would have earned over the preceding five-year period. The assessor is required to determine this "net to land" for lath category by using owner nfoorrmationdAiftthat istallnthat isoiValleble~ab]E or lease (t+s ,share, etc.) information Once net to land is determined for each category of land the assessor will calculate the a rtcultural vaTue by capitalI2inQ the net to land figure by a rate of 101 or the Federal Land Bank interest rate plus 2k1, whichever is greater ((his would currently be 111). ; Article 1 provides that the STAPB shall ;r,,Nrt and distribute appraisal manuals setting forth the method of determining agricultural use value, and ` that all jurisdictions shall follow the procedures outlined in that manual in !f developing their agricultural use values. STAPB is also required to develop I application forms which shall be used by all taxpayers applying for agricul- tural valuations. j j To be valid in application for agriculture use valuation must be filed during the jurisdiction's rendition period, 1 r, in 1979. HB-f060 pro- is flied within 45 days vtdes that an application is Contlderld tlmll52m, from the time the Governor signs the eft into law. Article 1 also provides that the assessor for each jurisdiction shall prepare and submit to the Board bf Equalization both the agriculture use value v and the regular market value appraisal, if land which has qualified for agrt• cultural valuation is later diverted to a use other than agriculture a roil l back tax is levied on the land. The roll back tax will equal the difference between the taxes paid and the amount they would have been if the land had not ; qualified for agricultural valuation. The roll back is for the preceding five a years and includes 71 interest from the time the taxes would have been DDaid if the land had not qualified for agriculture valuation. It is important to note that this roll balk is not triggered by a sate of tha land but only by a change i in its Land use to some non-agricultural purpose. p similarly to allaother iland eexcity cept lthat tsitfmuany st havirgeen`used iforigrievlturai purposes continuously for the preceding five years. a:+ ti I I I I I~ I i 1 Article 1 takes effect lrtmedtately and applies to taxes for the 1979 tax gear unless, (1) the governing 0 prescribes by order, resolution or ordinance V t a provisions do net apply to 1979 taxes, or (2) the tax roll has already bet, certified before the Governor signs the act into law. In other words, the provisions of Article l are automatically effective this year unless the govern- Lng body takes affirmative action to waive their applicability until the 1980 tax yyear. If a Jurlsdiction has not tertffted its roll prior to the Governor's signing of the act, the roll may not be certified prior to July 15. ' Article 2 _ "Appraisal of Timber Land" - Applies to all jurisdictions The provisions of Article 2 relating to timber use valuation are very %I- nilar fn application and effect to the provisions of Article I on agriculture use. The main differences are found In the procedures set out for calculating "net to land," and in the provisions setting as a minimum value for timber land the value shown for that land on the 1918 tax roll. Net to land for timber use valuations is determined by multiplying the 1eld's potentlal average annual growth (fn cords or beard feet) by the average stumpage value. In defining categories for which net to lend must be calculated, the assessor must consider %all types and timber types among other items. i If the timber use valuation results in a value lower then the valve In- dicated by the 1978 tax roll then a minfmum valve equal to that of the 1978 I tax roll must be used instead of the timber use value, s With regards to the `opitaliratlon rate, STAPB development of manuals f and application forms, roll back penalties, qualification of land, implement- ation in 1979, and most other respects, the provisions of Article 2 are ideot• 1ca1 to those of Article 1. Article 7 - "txemption of Intangible Property" - Applies to all Jurisdictions t t Article 0 exempts from taxation all Intangible personal prop arty ex e , (1) that of tommon tarrlers (2) bank stock, (1) that of m tual life lmurance companies, tej that of pension or profit sharing funds, (51 that of savings a and loans, 6 that of insurance companies, or 7) that of contract motor carriers. Article 3 1s effective immediately and neither requires nor allows any E action on the part of a Jurisdiction. Article 4 - "Exam ion f Nou eh Z G s and Personal Effc ta" PT es o 1,IT ur s t ons this Article exempts all household goods and personal effects that on in- e divfdual ovens and does not use to produce income. Household goods are defined x as furniture, appliances utensils etc., used primarily around a residence. Persona effects are defVd as pro party normally worn or carried by an Indl• f vidwl personal effects speclftalty does not include boats, trailers, moblle L homes or motor vehicles of any kind), JJJ s Article 1 is effective immediately and neither requires nor allows any ) • action on the part of the jurisdiction, Article 6 - "Exemption gf Automobiles" - Applies to all Jurisdictions Article 6 exempts from all ad valorem taxation all automobiles owned by a family or individual and not used for roducing income. ow ver, any Jur1s• diction may continue to tax all automobiles if its governing y y resolu- tiom, order, or ordinance provides for such taxation to occur. Article 5 is effective Immediately end ail automobiles covered by its it visionsa are automatically exempted unless the governing body takes affirm- ' ar " rtlcle 6 - "0eflnttion of Residence Homestead Article 6 defines a residence homestead as a structure or separatelydoictriets cupted portion of a structure used as a residence (together with land and Im- provements used to the resldentlappl occupancy of the structure) , To qualify uels,rbeidesignedd or adaptedeforohuman esidence,mandbbe°dccupfedraslthe prin. tipal residence by the person qualifying for an exemption. Article 6 ilso provides that an owner is one who holds either record or equitable title, and that a homestead is not lost if the owner temporarily stops occupying It. Article 6 is Immediately affective and requires no action from the juris- diction. If le 7 - "Residential Homestead txem Lions" - Applies only to school districts Article 7 appplfes onl to school districts and provides that all lndi- vidual residentlil Aaneateadro i in xem n eddttlonn It provides thel~arket value of their fitsfunderdFederai puroses. of andsDiiabilttyy Insuranpersons 65 or ledr ce)baretentitolde to an additional exemption of $fo,0o0 from the market value of their residence homestea A person who 1s over 65 and disabled may receive .on~~1y one $f 0,D00 exemption, and only one such exemption nay be received per faml"y, per rest - dente homestead. M RTANT HOLE: Article 7 requires that each school district publish notice In a news per once a week for the 3 weeks fg not et$hill describewhich theppersons elip ble to file an application. (See sample notice on page B) file a validipptpplliu tfon °YTo betvalid the^appliatioontmust be s~wae on auform in appliconsIs valid Iflfiledrwlihfnelbudaysiafterrthe 6oveer orriiinslth9 { Ott into law. Also in 1979 STAPB will recognise and endorse an e ~fpoprm used by a school distr?ct which containsginformation(indicating thatttthe Thla Articleaprovides that It ~Ivvalid(ipplfce;ionais°not llledshelexemnptIon 6) € may no be granted. Article 1 also provides that the $5,000 and $10,000 residence homestead dissttprict pursuant todArticle°Y111,h5Sectiondlcb(b tofntha Tea by a school as Constitution, This Article also provides that any taxes pledged prior to the effective date of the Act to pay debts (bonds) may continue to be levied and collected against the value being exeltad by the new residence homestead axemptlons, For the purpose of this prow Mon the effective date is the day the Governor signs the act into law, v ° 1 Article 7 also places into effect a freeze on taxes paid on any residence homestead which receives the $10,000 exertpion The article provides that any 0 ppherepropertyolbutethatutaxesdshalilnever exceedxthe`unounttlnposed In on the first ysor In which the property received the j10 000 exemption, if !m- proveuenta `other than regular maintenarr:e or repalirsj are made to the prop- arty, the value of the improvements can to taxed at the, V,en current tax rate i {I! moo val the new Imprand ovements. Thatnew amount eofitimes would then` serve dis to the reflect ing on taxes in following tax years. s Article 1 also includes a 'Le istatlve Finding" which reads as followsl The Legislature finds that a local taxing unit say reduce or repeal a pre- viously adopted residencw homestead exemption under Article Yiif, Section 1-b(b), of the Texas Constitution. JYAI 1 • I ~I Article I thesefexemppftjonsehImediately upon the Governor's sl99nature. Appl1- the $5,000 or $1044 exemption (0r both)fter that time to AppiY for either Article 8B - 'State p to Re lace school Taxes Lost Because of State nae eudcion'o t e ejprem ax asg PD es oa y to sC4001 str its - Article B provides !or state replacement of revenue losses caused by the I $5,000 and $10,000 honestead exemptions, and the losses due to reduced values caused by agriculture use and timber use valuations, The amount of payment to be determined by mult! 1 in went and tax rate in effectyfo9 the texayle~r.re Th Olt y nt he ratio of st fs se homestead exemptions is the sus of 55,000 and $10,000 residence homesteads on the Actually 9-anted. The amount of value lost on agricultural timber land is the difference between the value as shown on the 1978 tax roll and the value as determined pursuant to the agricultural use and timber use provisions. To receive such DAr-tnts school district, will have to file an e on A form prescribed Ey STAPB, The apppplita'f0n will have to be filed ovember 1 Of each year, This Article requires STAPB Phliu tion the bchool Con iic one January 1, of each year. Theseu&mount% willube due, each ny increases In state t from financial f j support caused on a reduction In a district's limcal e t it would have been prior to,the passagpe of SB-350 (the new school finance bill) and to deduct any increases in state ftnanefal aid Caused abstgneKn from what Current operating expenses ( M80) above $125 per ApA in 1979-801and $130 per ADA in 1980.61. This Article also provides that TEA will audit each dis},ritt's i t fornSchooledistrict appretlseofhaa °-year period. The Article also provld=~ audits or related to the amount of Aaid each ction by STAPB or TEA relevant to such fct is to receive, Iota law. ASchool districts will bedrequirredP to film oppelieitlonsifortState Prnts in the fall of this year. As A I t i dstritto maintain records which'wilt support theiviloerlosses which will be t reported on this application, mDerative that the r We 9 - "Limit on Crorth of ADDro iationsY Applies ~ Th h Article sots limits on e y9rpvt~ t pf Stete ADProprlAtipnse Legislature This Article has no direct or iamedlate effect on focal Jurisdictions. Artfcle 10 • Applies only to school districts J ! This Article statps that a school'district no$$ voted prior to August 31, 1979, 11SVO 10 percent tax bond Indebtedness lfmltation imposed by Sectionwi x th 20.0I eng Tau Education code. r ! e-11• - APPlfes'to act Jurisdictions k8-lOthis Article Is simply a correcting amendment to euke 58.621 conform to ' i r to ,11 - Applies to all Jurisdictions , i this Article repeals Article 7150k and Section 11 of Article 7156, VTOS, s r 1 t Z. Applies to all Jurisdictions the provisions o~ thotAettEetlmplemeetedilmention of the Legislature ataAll lows the re a and t imb body of any Jurlsdfction t1079. Nowever, this o deTA~r~ntation of the order, ag or riculture and t ordinance.er use vi nations until 1980 if, It does so by resolution, ' •1• i This Article also provides that any eppliutfons required from persons t <onsl- applyfn9 for homestead exempt45 ions, days agricul after ture the Governor orrnor timber da red t imely if filed within signs r us the e ar Act into law, Ths sectfor, also prohibits any Jurisdiction from certifying its tax roll prior to July the Governor signs the he ac 19t79intol unlessawthe roll is certified prior to the time . Article 14 - Emergency clause C"DNLY ASKED QUESTIONS AND ANSWERS Agricultural and Timber Valuations - Article 1 1 2 1, g. Do the provisions of HB-1060 In any way effect or supercede the pro- visions of the Article Y111, Stctlon 1-d of the Texas Constitution which has been in effect for several years? No. The provisions of Article Vlll, Section I-d, which have been in effect since 1967 are still in effect and unchanged by 80. 1060, HB-1060 Implements Article Vill, Section 1-d-1, a new section added to the Constitution last year. In essence, while the agriculture use valuations should be the same under both provisions the taxpayer has a choice as to which he will a ply for, The qualification stand- ards are such stricter under the older Artlcle VIII, 1•d, provisions, but the roll back penalties are less severe. As a result, a teypeyer .who can meet the qualification tests of the old Art. VIIi,, 1-d, may want to do to with.an eye toward reducing future roll beck penalties. 2, g. If our curtent tax roll values are below agriculture use values as developed under HS-1060 can we implement agriculture use and raise the values? Agriculture use valuations can only be instituted upon receiving an application from a taxpayer. Land values, like the value of any other taxable property, should be raised only through reappraisals which apply to all properties and which are designed to bring all properties to their market value. 3. Q. Rather than going through all the steps in HO-1060 for determining agriculturt use valuations can't f Just take some percentape of my market values for land, say 50 percent, and call 1t agriculture use value? No. Unlats the procedures set out in HB-1060 are followeJ closely, your tax roll would be subject to attack in court as being arbitrary and invalid, i 4, When will STAB Hake available the agriculture and timber use appraisal manuals and appliutlon forms which we art required to use? d. By mid-June sample application forms will be made available. By late s June the appraisal manuals will be made available Training sessions i on implementing agriculture and timber use valuations will be conducted starting in late June. s 5. Q. It's very late in the year, can't we ust ignore agriculture and timber { use valuations this year and deal wit them in 1980? j A. Rol If your governing body feels that it would be impossible to imple- } ment such valuations fn 1979 it must take affirmakive action to prescribe that the provisions of Arttelts 1 and 2 of HB-I060 wick not apply in 1979. If the governing body does hot take action by resolution, or- dinance, or order to waive these provisions, the tax asstisor must e grant a riculture or timber use valuations to any qualified persons who apply. -S- I In a.+ticipatton of HI-1060 becoming irr*diately effective we have already developed An application form for agriculture and timber use. We have already received numerous applications on our forms, Will we have to get everyone to reapply on forms approved by STAPB? ' Ho. In 1979 STAPB will recognise and endorse any appl9u lion forms which contain the infortaatlon necessary to show that the applicant qualifies for agricultural or timber use valuation. However, any persons whose applications are made on farms other than those which STAPB w9 l soon distribute, need to be made aware that they are sub- ject to the penalties set out in Section 37.10, Penal Code, for making or filing an application containing a false statement. Exemption of Automobiles - Article S 1. Q. Our 3urisdfclfo~l has already prepared a vehicle tax roll; can we g•, ahead and to, cars this year? ~l. Yes, But only if your governing bodyy prescribes by resolution order, or ordinance that the exemption of all personal autorcobiles wi~l not be granted in your ,jurisdiction. { 2. Q. Will we be able to tax personal vehicles in 1960? [v. Yes. But only if your governing body waives the a lication of the exemption by resolutton, order, or ordinance for 1980. Residential Homestead Exemptions Articles 6 L 7 ! 1.' Q. Our school district was giving a homestead exeinptton to persons over-65 in 1978 of $3,000 of assessed value and our assessment level was 502. With the new exemptions added how much would the ma :'.mum exemp- tion be this year for a person over-65? On January 1, 1979, when the 'Tax Relfef Amendment" took effect, your exemption of $3,000 assessed value at SOf was automatically converted to an exemption of $6,000 fron the market value of the property. In addition, all persons having a homestead will receive a $5,000 exeep- tfon from the market value of their homestead. And finally, as a re- sult of HB-1060, any person who is aver-6s or disabled will receive in AddittonAl $10,000 exempption fron+ the market value of his hone- stead, In this Instance I.e total of the residence homestead exemp- I tim would be $21,000 from the aarket value of the homestead. f 2. Q. Are we required to notify our taxpayers about the homestead exemp- tions? j. Yesl 146.1060 requires that notice about the availability of the c exemptions be published once a week for 3 weeks before the date that applications are due., In 1979, Applications rust be accepted l for it least 45 days after the governor signs HO-1060 into law. Therefore, the weekly notice should be Initiated approximately 24 ( days after the Governor signs the act into law, (See the sample notice on page B) 3, Q. Will mobile homes qualify for homestead exemptions? j 4. Q. 1 have an elderly woman in my district who has deeded her property over to her children but retained the right to live in it until her 1 death. Will she qualify for the homestead exemptions? 3 1~. Yes, She is considered to have a life estate and will qualify for the exemptions. B. Q. Are we allowed to rescind the over-65 hanutead exemption we have been granting in put years? v { F , r ~ r 1 does have' nvesg to Attorney General 0 1ri uch power, This 1s ipton H-162, 1971, Your Jurisdic Non of HB-1060 hhtch indicates that tAeotegfttuec on thatratlocal J omeurls is ctfexonemmpaytion reduce orve repeal1tua previoutr adopted residence h, ower, H ofotheegovcrnlnytbodyyit~t°beard seems refe clear rendumtrather then Action 7I nanner. pealed or reduced in the same + 6• Q• Are we Allowed to set a Cut-off date for applications on the new 115,000 and homestead exemptions, The provisions of upon receipt of a kb '1D60 require that an axe Hutt valid apAllcatfon, ;QIlan be granted only I N received w t, n thhe rendlon Ti be valid in applfutlon an application 1s valid if it's retefvpd within j5tdahatafoer397 Governor signs He-1060 into law. the State Pa nts to School Oistrlcts 3 Article 8 f Q• If the market values sA agriculture Own on our 1978 ro1• were lower than the roll ears will wesevalues And market values shown on our tax taxes lost At a result arenot t eaxann state payments to replace school 9 on the new market Values? No, If your 1918 tax roll Carried market values On land lower than the agriculture or timber use values derived under HB-1060 dIS. trlct is entitled to no state payments. Your district will however, be entitled to Payments however 2. When for losses caused by the new homestead ex. d Q Yfded pY the Article earl 8 iest of we can expect to receive state payments as pro- } 10601 i I a;• Jenuary'of 1980, J• Q• will our application for state ? 1 for aceuraey? Paments Under Article a be audited Yes. At lent once during the next bit Appenvy will audit each district's a the ?exit tducatfon district should keep pD1lnnium CatiOn• At a result, your p11at1ons for complete filet and records contalnInp all ap• Catlons for haoeftadleucerer or timber use Valuations and alt appl Ptions. Li Does ArtfCle 8 Of HB-1060 work to essentially replace our distrfC!'S tosses dollarfor-dollar? Yes and Ito. The entitlement to state ayRpnts is calculated under Article 8 b designed baslul)y to return lost revenues dollar-Por• dotl H ve before "king such C the ComalIs oner of tdutation ust reduce eachtdistrict's ie tft e• ? { pent to reflect the increase in State flnantial to v " (1) A reductlon to the district's total fund Pport caused by, wOuld have been prior to the yy Astipnment from what it bill 'and (2 anc1e inc o reasess cauae 10 (ng debyfallotmenishfor urgent)°pfetin finance f J expp-8t, if (sif above f126 per ADA to 1979.80 And fo11110 p receive a99 8 al provides that er ADA lets than tsf< of its actual loss, no -80 district 130 r • • r x r; Sample Newspaper Notice of Homestead Exemptions for 1979 (Suggested format - not mandatory) i The ISO hereby announces that all -persons are entitled to receive an exemption o$5,000 from the market value of their residence home- stead for the purpose of school taxes. In addition, all persons who are 65 or older or under a disability for purposes of payment of disability benefits j under Federal Old-Age, Survivors, and Disability Insurance are also entitled tornesteaditional exemption of school O taxes. the market value of their residence h To qualify for these exemptions, an application must be filed with the school district tax office by July Appltu ton forms are available at the v school tax office located 04Address r _ Sample Application Form for Homestead Exemptions (Suggested format - not mandatory for 1979) Residential Homestead Exemption Affidavit For The Year 1979 Independent School District Owner Property Description Address 'I, . do solemnly swearr and that l was a -owner -of the above a described property and It was my residential home- stead on January 1, 1979. Further, that I have not claimed a residence homestead on any other pro perty for this year. Finally, that I understand that any person who makes a false affidavit shall be subject to the perjury laws of the State of Texas as pro• vided by Section 31,10, Penal Coda. S do swear and affirm that I was 65 years of age or older on January i, 1979. YES- NO OR I 1 60 swear and affirm that t wit under a disability „ for ~ aas of paY~nt of dSsabilSt benefits under Pur DoOld yy I , •A9Survivors, and Disability Insurance Federal e on January 1, 1~T9. YES__„ NO Signature f. Date 4 , a ' •8• 1 4c; C I I 1 HIGHLIGHTS OF SENATE BILL 621 1 %HE NEW PROFZATY TAX CODE f 1 I, Applicable to all taxing units including counties. ~nlte 'including counties. II. State School Tax Assessment Practices Board in Austin I becomes the State Property Tax Board with enlarged powers. A. General supervisory jurisdiction over all taxing units including counties, Do Six members appointed by governor, office and staff in Austin, approximately $5,000,000 budget for 1980. C. Train and educate tax officials. D. Prepare manuals and prescribe records and forms. ! E. Assist appraisal district. i F. Prepare annual report to governor, lieutenant governor and all members of the Legislature. { I 06 Take over-functions of Comptroller's office, rei property taxes. . H. Role making authority: f III. Appraisal district established in each county. I , 1 A, To assess and appraise all taxable property for all I taxing units gxcept county$ unless county consents to come into the appraisal district. B, Constitutional Amendment to be voted on in'November, 1980 to require counties to be part of appraisal district (not in SB621--Separato Rill), j f C. Five momber board of directors appointed by towns, cities, school, and county it county decides to participate. SerVe without compensation# two year ' terms. (See separate handout for procedure for a selecting board of directors), D. County must decide by September 15 if coming into appraisal district. County tax assessor-collector ' must approve, N, existing tax offices left with tax collecting functions, I NEW PROPERTY TAX CODE P (2) IV, Function of appraisal district, As one appraisal on all taxable property in the county at one hundred percent of market value. I B. Furnish appraisals to each taxing unit in the county } for collection of tax. G Determination of-exemptions. D, Keep track of ownership. E, Employ chief appraiser. i F. May contract with appraisal firm: ~ i C, Budges and allocate cost to taxing units. F { H. Notice to taxpayers. I Is In 1980 operate on State funds which is reported to be about $10,000 to $15,000 for each appraisal district, J. In 1981 operate on State funds and allocated funds from each taxing unit. f K, in 1982 operate on funds allocated to each taxing unit, I no State funds availablo for 1982. 3 L, To be fully implemented in 1982, I M, Randle all assessing, appraising, equalizing* k exemptions, notices, etc. for taxing.units, leaving f them only collecting duties. t i N, Keep values current. Reappraise at least once every five years. Ii f V, Appraisal Review Boards A, Three to nine members, b, Appointed by board of directors of the appraisal ' district. ! units, into taxing the C. ! cluding a the county if the qualization county f comes all t appraisal district. D, Two year tam with per diem compensation. t to Examine all appraisal records. F. Hear all taxpayer's protests, HEW PROPERTY TAX CODE (3) I V. Appraisal Review Board (Continued) G. Taning units can protest values. H. Protest is by written petition setting Bath grounds'. 1. Hearings fashioned after court trial with findings ' of fact and conclusions of law. J. Written notices, orders, decisions, oto. K. Sworn testimony recorded. L. Formal proceedings, although the Statute says to be as informal as praCtcal. M. Subpoena power. Via. Consolidation of tax collecting offices by ..etipn of governing bodies of tax units or potition an election. Ten thousand signatures or ten percent of the qualified voters, whichever is less. •VII, Hundred percent assessments for ali,tnxing units, in- cluding the countyo in 1981, Assessment ratios eliminated. VI11, New exemptions (see Highlights of House Bill 1060, a separate handout). IX, Renditions A. Shall render tangible personal property. B, May render any other taxable property. J j C. 'Information reports may be requested by the chief appraiser. information contained thorein con- fidential. X. Now tax rate procedures which went into effect. in 1979 adopted. X1. Taxpayer referendum to roll back any increase over five percent. Fifteen thousand signatures or fifteen percent of the qualified voters, whichever is lasso but twonty-five per- cent of the voters M%t vote, XtI. Payment under protest and appeal to district court from finding of the appraisal rev.' #-q board. A, Trial do novo WWI WN PROPERTY TAX CODE X11. Payment under protest'and appeal (Continued) { B. District court fixed value. I C. 'fen percent variance from mean average. e D. Binding for current year and succeeding year. E. Attorney's fees-may be granted if taxpayer prevails. { E L _ y' . r1 x` 1 I CALENDAR FOR SELECTINQ FIRST BOARD OF DIRECTORS , OF APPRAISAL DISTRICT Sec, 6.031 Senate Bill 621 provides: i I By September 15, 1979 County commissioners must decide and advise county clerk if they intend to join the appraisal district--county tax assessor-collector must Approve, I a t by October 11 1979 j i j County clerk calculate and ; certify the number of votes each taxing unit entitled to vote. Only towns, cities and school districts are entitled to vote, unless the county II ! 1 commissioners, with the approval of the county tax assessor- 3 j collector, opts to come in the appraisal district, In that { case, the county is entitled to voter See separate handout for procedure for calculating votes. ! By october.15, 1979 t' s 1 All voting taxing units nominate candidates to the f!f I county clerk. May nominate as many as five (S) candidates# or as few as one (1) candidate, 3 1 by October 30, 1979 t County clerk prepare ballot in alpha order, and deliver j same to taxing units encitiled to vote, I by November 15# 1979 'taxing units vote and deliver same to county clerk. By December It 1979 County clerk count votes and declare five (5) nominees receiving most votes as winners, and notify taxing jurisdictions and elected nominees. CUMULATIVE VOTING AS A DEVICE TO ELECT THE APPRAISAL DISTRICT BOARD OF DIRECTORS Under Section 6,03 of Senate Bill 6210 each appraisal district is governed by a board of five directors, serving two-year terms beginning 3anuary 1 of even-numbered years. The giverning boards of the cities, towns, and school districts participating in the appraisal district will elect the directors under a system of cumulative voting, Should the county comnlssioners court, with the approval of the county tax assessor- collector, choose to opt into the appraisal district for county tax purposes, then the county governm:- t would also be entitled to participatu e j in the election of the district directors, The divice of cumulative Voting Is 9 quite common in business corporations 1 as a method by which significant minority stockholders can secure repro- y E ' sentation on their board of directots, 14 Stead of voting his shares for each of the whole number of.dlxectora to be chosen, the stockholder (in this case, the gavernin { g body of the Lsxlnq unit) is allowed to Dart his I whole number of votes for one candidate or to concentrate and distribute them as he may see fit, , Thus the minority shareholders, by concentrating , their votes on one or two candidates friendly to them, can assure the election of chore I persons, Without this method, a plurality would elect J all board members, Within an appraisal district the number of votes which an on- franchised taxing unit may cast is dotermined f by dividing the amount ' i of property taxies Imposed by that unit for the preceding tax year b the total amo ' by unt of property taxes Imposed that year by all voting taxing entities- E This quotient is then multiplied by 1000 and rounded i to the nearest whole number, This product is then multiplied by five since five directorships are to be filleda Expressed in A simple mathematical formula, U V a x 1000 x 5 x . 1 .n, . I i Lu wirru, a given laxiny r:nft is ent►tled, U: the amount of ►'rQi+n{'ty taxes fns ~ the previous !ax year,' Posed by that taxing unit durinf T: the totai•amnunt or property ta),^s f~tposed Fy all tayln within tho appralsal district which are entitled to vote, units 'For example, suppcse that, the following taxlnrJ entitles are entitled to Vote within a hypnthetfcal allpl-alsal district, I ThX lt'rY YOt.( S Citv'A S 15,OOn 1080' 20,C+') Town D S,O ? ,t 13 6,{,1 Town C 2,Od0 133 i SC11101 Dist. X 4 ONO .[1 Sthaal Dist. Y 10, M 266r~ 7 533.A1 66; _ l 7.1:q School_Dfsl. 7 J,OOU 200 TOW S 751000 $000 100.00 The fol lowtng fornnlla may be' used to show the, Wrilrnopm nur,ber of tiotes I 1 needed to elect any given number of members to the board of directors: XrIIx~SU 1 ,5 I k: minlmum nw6er of votes needed,, it: number of rotrntll ydcuiber s desired to elect, - ~ 1 I 'the i'oilnwfn>1 tlibte shows the mi11(nnun n~jll,1,rr of volet nceJcJ according ~i r 1 l to the fornula to elect a given ww,i)ur of weirbers tr the apprafsaf district board of directors; i 110. or H;ISURS 1111HIVAl NUMICR•01' 1101f,5'' UESIItlb fir [lEtt fit MW b'I J+ 5•IiLftlIt'WIAW 1 834 2 1,G6l1 . - 3 2,591 4 3,3311 5 4,168 1 1 1 rl ' •I , j ~ r 11GU..,1TlU'J Ul' I:pGTS UC Ul'I:fth'r111G 111'1'IV11:Ll1. i~l;:'1hlCi': , II Scnato hill 621, Sac. 6.06 providost h (d)► "Unless tho cloverninq budi.r.:ti of 'Utrec- taxin•+ urtits~cnkftl.cd to vote on nppolr►t:nrnl of Ccmlars of t1►a' the district s homed of directors a,1r,:c to a different nu:thod of nllocallon tho cost of oporaCin,► the district, h rash Caxincl unit participating itt the district is allocated ' a portion of the amour►kof tln) bu•1g~C c'lual to the prcpor tion fiat the total. dollar amount of pr.oparty Caxos irpose.l in thn district by Clio unit for the tax year .i►+ which the. bulyct proposal is prepared boars to Clio swh or Chr total dollar amount 'of property tares ir:posed'in 0-ho district by each partiripati r►,!'unIt for that year. If n ka};11'4 unit' :.trticipal.er in two or morn ►ltetrictc only the taxes imhc.^•ed it a district are +i;ted to calcuIato ,tho units cost allocation in that district." fait "Unless Elio go.^rniny body of a unit and the c'.►iaE 11 a raisor ayrea to a di(forant mothod of p.~yn<nt each taxing i unit shall pay its altocati,.)n in four equal h.}•mcnts to Lo m6de.at the end of each calendar gMIL-Lo.r, a:u1 the first pay- ment shall he maeld before January 1 of tin ps; r• in which the budget takos affect. If Clio huJdal, is nrk1wlmi1, any chaw)vs i,n Clio amemit pr Chi: unit's allocattorn is'ahprrtioned aaloncr the pmyments rermining." (r); "t'ayntlr►t, nh,ill tic itudo to n tlei~nsi tat}' desicu►atca by tho district board of di raclors. , , i vt.... ^ OIK A1411UAL CAL1i PAR 11111 01TRA•I.1011 OF APPRAiSAl. DISTRICT Sec.' 6.04, Sonal.c Dill 621 rcaJ;: Sub-Sec. (a) "A majority of the alryu•ainel district board of rirectors canstitutos n (1uorum. At its first ' meeting each catenclar, year, the bowl- t shall elect from its members a chairman and a secreL•ary." Sub-Sec. Ib) I "The board may meet, at any tin+e at the , call of the chalrrtnn or as provided by boar,l rkiles.. The board shall mc,)t on October 1 of each year to receit••a the chief appraiser's proposed budget." Sub-Soc. (c) J "llembcrs of the boar' may ivA rccolve compensatLon for ,servicos p.n tho board but or^ entitlcd to reimbursement for actual'oncl 11eCCA3a171, r.xi),onCns It'VUrred in the performance: of their duties as provided by the budget , i adopted by the board." % I ' Seca 6.05 proviclest Sub-S". (Or "The chief appraisor Is titer chief ad- Min'istr,ator of the ,•tt)peaisal office. The chlef,al'praisor is appointed by earl rmrv~a sit the pleasure of Llte apprai ;al district board of directors," Sub-Sea,(d)l "Tile chief eppralsor is ontitlod to V I ompenuation as provided by the buclrjot a0uptcd by t11t1 board of directors. lle may nroploy and compon.%ato prnfoRnlc+llal, clerical, and aLhor personnel as provided by Lho budget. ` Sec. 6.06 staLost f ~J ta) I "Cach year Clio chief appr.iirer shrill prerare a j Imoposcrl budget for the operation of tho disl.ric t: 'far the followimi tax your and shall submit copies. Ao melt taxing Unit Ctarticipotiner in ttte dictriat mitt to the district board at directors before OcLobor. 1. llu shall in kludo In the budg^L on natimnkr, cif tho msotutL (if Llte UurlgaL tliat will Uu allacatad to each taxing unit." (b) I "Tha board of dlrecl.ors nha11 moot 141 urnr.'i.drr L1tr budcjet. Tho seccotnry of thb board nhall d(JIllecv Lo the prooidintj officer of tho govocnlncj body of rach tnxinu chit partacipaLlttrj In the divLrlctt trot l.ator lhmn the ton0i'dny before th,) dnLo of Litt) hoariivl' a written iiol.lrr or the tiota, Lima amid plucr, fir•ett for. Clio haarincj. 11,114: holl•,l 0111111 aalnp.lato Ito lrn.'trimjn, t nk.a 'any an,ca110111ontw (11 the hrrl•oserl l,udtjt!t It dosirea ant), finally, opprovo a limiveL baforo Ueeclabu r 1. " . 1,w Tax m~Unit Votea Votra Ck'muiated (x 5) Vlichit.rt County 163 cis , ilurkbutnett 12 Cn Elactr,i 4 70 • Iowa Pack 10 50 1 riansont valley ^ ' Wir.hit~ 1',11. 311 1.rf,S 1SU 21 ! lrl , Electra ISU 32 ! 160 1 Iowa nark ISIS 46 230 1lichitn Falco ISU 304 11924 City View ISO 14 70 Innly i.•s: 4?icl+w-.i r,ils 151) 1- Fissur(',1 of tw•+ c0!SIIS'il Cats, J 7hc city,nf Wichita I'alls ir.. arau:ctl of at lrnsl' cno mcnber, -•)'11. cohl+lnJt+;t "'Ith another entity to f3l,t"1121 103 n,%re votes ' )sn q.+arant~o~l ajecond scaL•. Sirlilst.lt•, 1.1+n'county-is + t1' .19 votQs .'r ay from assuring tho e1ccL.on.of ear mmiller• .and could easily obtain this amount by comban'.ny with any one of the threw towns which vote. J I i Exomplo 101 7AVAI,A- COUNTY (5-n^rdlcr council) Taxino Unil Votes VoLots Cu!iulaLcd (x 5) 1,4{JO Zavala county 296 Crystal City 110 550 Crystal City ISl1 5)3 2,565. bto Pryor 1SID 01 -105 3 j 111jr,ly_n $ s I Crystr,l City 1S4 in guarbntcad tl+reiu grata on tho council M Th,o cour+ty can alr,) olact at leont one men,lart, niM the final seat in up for grubs, dopet+ding on tho voting cot,dsinations, if any, which are made. , I~ttj(t t t f . I X11 { i ell. - r AT A REGULAR HEETINO OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF DAY OF JULY {H SAID CITY ON THE 10TH .1 ~wu41 9,.~79 wl.,..A MwMM1fYMRh'7MM7YIW'LN,r+~!RtP{Y+fTtYTINN41N Fl1~R'W~A~'I~W1Jt7y ~MN'A~RYfIW'~. R E S O L U T I O N WHEREAS, the Texas Legislature hike pasced N,B, 1060 which includes the comprehensive implementation of the 1978 "Tax Relief Amendment" approved by Texas voters in November of 1978; and WHEREAS, the provisions of Article 1 of H.B, 1060 relating to the taxation of agriculture land are automatically effective for the 1979 tax year unless the governing body takes affirmative action by July 260 1979 to waive their applicability until the 1980 tax year] and I r WHEREAS, the City Council of the City of Denton, Texas, after careful consideration of the matter has determined that the pro- visions of Article 1 of H.B. 1066 should be waived and postponed until the 1980 tax year is allowed by the Act; N01f, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT. 1, The provisions of Artiol^ l of-H.8, 1080 relating to the taxation of agriculture land on the basis of its productivity rather than market value shall not krply to iho 1970 tax year for the City of Denton, but rather be postponed until the 1080 tax year, I PASSED AND APPROVED this the 10th day of July, At D, 10796 I , CITY OF DEN7`ON0 TEXAS ATTEST., CITY OF DEWON, TEAS s APPROVED AS TO LEGAL FORNi , to ATTORNLY 0 b NMN ' r :a':.a~.v vWlX. ,'V i:.Y ^ar-r-.ev rr 1 : 1!a'~ 1 II 1 AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE I0J'H ,I DAY o~ JULY, A. D. 1919. i ,,,r,~, 1 ra+r+r~ewrl:..vrtx~ rafrc+wreertlaJ~rreafin~trrNtrrearnAlrt..~,l,:M"A4l l-~ inc alA OF TEXAS 1 COUNTY OF DENTON j RESOLUTION IN APPRECIATION OF 09. ALAN WOODS, D,V.M, ' I , i WHEREAS, Da. Atan Woode, D.V.M, has ecAved the City o6 Denton ae the city Milk inapeetot boa taoenty-dive IM ytaad'daom 1961 until 19141 and WHEREAS, Da, Atan Woode has paovided valuable help and aeeistdnce i to the citieens ad this community; and WHEREAS, the SOth day o66 June 1919 was DA, Atan Wooden tact day od etAvice with the Eity od Penton) and WHEREAS, the dttlow employees of DA. Alan Woode the eititeni-od the 1ty od Denton and the City Council alt desiAe to aP-ttndA4ppttnt wionlan appaopAistt token od theiA dtetinge NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,• THAT r I, e(tt Ndik, Maya1 od the C'Ityy od Pthton, Texas, do hereby eddtA that thee Rteolut[on be onde a pant od the oadicial einules othe Counett to be a peaa~anent AeeoA of the City o66 and that a coppy od this -Rtebtution be doAwaAded to him, tie said "DR. ALAN I WOODS, D,V,M,", ae it token od ouA appaeeiation. PASSED AND APPROVED thls the 10th d,ty od July, A. P. 19;9 I CCTV OF OtNUN$ TEXAS ATTESTr liry OF PENfON, TEXAS 1 APPROVED AS TO LEGAL fORMi { i TRH I CITY I ATTORNEY, CITY Ok DE TON, TEXAS 4 . M, I I ~ July 30, 1979 1 I 1 CITY COUNCIL AGENDA IT-Kt Review and Consider Payment of Water Line Participation with Andrew Corp. SUMARYs On December 50 197, S, the City of Denton entered into agreement with Andrew Corp. to participate in the oversize of a water line on Nayhill road from 811 to 12". The estimated length of the line was 2760 feet at a cost of $18,007 or $6.529253 pat foot, This line is now complete and payment of the Partictpa lun Agreement is in order. The line has been inspected, tosted and placed into operation. The final length of this line was 2920 feet. At 1 a cost of $6.524253 per foot, the total cost to the city is $19,050.88. The 1 invoice from Andrew Corp is attached. I i + E FISCAL SUKMAP.Ye E i t TOTAL COST $19,050.88 (2920 ft. 0 $6.524253 per fob t} Source of Funds - Current Mvonue - Operating Budget ACTION REQUIRED: , Approval or disapproval of payment of Participation Agreement. f , Approval • Cost $19,050.00 i f Disapproval RECOMMENDATIOhi i The Public Utlllty Board has reviewed thiaitom at their meeting of June 29, 1979 and has recoctaen3ed to the Cotncil payment of subject Participation Agreement. Nelson, 11,04 Director of Utilities EXHIDIT8t I Partieil.ttiun Anretonint II Invoice III Certificate of t,oagth of Bator Line I I I I .•6.~ •.t { , •~T ....i1 r^ • ~J~ 1_~ '1 ~`y`v.' rr Q'om'*• p i p~"'.'~ 1 v " . Iy Y' S'" r 1 M r { 1• 'tti t't i vf, I.x, , ai...' i'F. Z ~vYF,•. r~ • ♦ w.J.~ i, 1:.,a,. '..'•.C w 1 ~j 1,~.iT Y•.--f'1 l~l.rin,,rf H•ti'!~: • r.. PARTICIPATION Ar.REF11EN'r TJJE STATEOF 1ERAS ' i;J1• - ' X~JO{ • ALL r1EZ DT . T[EHSE ~PRE#tlTs COUNTY'j OF DENTON X f 1 ° I ti' 1 THAT WILEREA5, ANDREW CORPORATION is the developer of certain 1 property shown on the attached plat, which plat is incorporated E herein as if set forth in full, in the City of Trenton, Denton County, Texas, and desires to serve such property with offaito ' a water facilitiesi and WHERMS, the City of Denton desires that.such offsito water facilities be oversized and the City will participate in the addi- tional cost of the oversized facilities pursuant to the provisions of Section 25-74 of the Cade of Ordinances of the City of Denton, 1 Texas;. NOW, THEREFORE, THIS AGRELMENT, mada this the 5th day of s December, 1978, by and between ANDREW CORPORA?TON, hereinafter called "Developer", and the City of Denton. Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "city" f HITNESSETHt 1. The Developer will install, by contract or otherwise, water lines and appurtenances to servo the property described on the attached plat in accordance with all City of Denton ordinances, rulos,'regulations, policies and procedures. The acid water facilities shall be located as shown on the attached maps which are made a part hereof for all intents and purposes. 2. The City's share, of the estimated cost )f said water main facilities is $180007.00. Upon complotien'of eonot'ruction and acceptance by the City of said water main facilities# the aetual cost of the City's participation, in said facilities shall be deter- s -nined and certified to by the Director of Utilities and his I certi- ficate setting out the City's coat of 'said facilities shall be attached hereto and made a part hereof. . , r t i i f '~Y 1.. ~ i y t 1. { i 1 I a , ~ 41{ a ' 1.."i; ♦ J,7 4 i w~L.S,~~i -wY.t.414r JA 411 W. r'1 i•Y~♦ 1 va a f a' . 1-•n Iv .r 1i T. \ T 1; = a., i : ? r 1 y.. ~t 3. .The City shall.pay.far ita ahate.of.the'facilit18 with p 3h thirty {30) days from the data of'acce~EancB of the M .racilities, - ' r such terms and or undo c6ndition„'L1 - 4 apCePtab r „ ;'s'x~afonmR va11X lq to i .1. P the parties. . ...,l,~nYwMrs•r ./4AMn,~ N•~• _ t„ «t•.. 4. Title to r.ai;7 water main facilities is hereby and shall at all times be vested in the City. . 5. The Developer shall and does hereby agree to indemnify and hold harmless the City,from any and all damages, loss or lia- bility of any kind, whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong- doing of Developer, its officers, agents, employees, invitees, con- tractorr; or other persons'with regard to'the performance of this' contrrct, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. . IN 141TNESS WHEREOF, this, instrument is executed in triplicate originals this 5th day of December,. 1978. CITY OP,DENTON, TEXAS BY: j ATTESP: 06k HOL:r CITY S CCRETARY i CITY OP D=mV, TEXAS AHDREH CORPORATION, DEVELOPER 13Y= ATTEST: I II , /tt~A~~•7~~7t,~yp■[,N+~rR~ awr ~C. ORIGINAL INVOICE lIUM9£R - ~ Y"i M 'Cd Ym m. t ~~:Ow ANDREW CODER ND. 43955 •1 ANDREW CORPOPATIOi7 REANT TO r,0. LOX DGM, CH!.A GO, IL USA %M33 CUSTOMER ORDER Phone (312) 3493300 Telex 75.3337 SNI►IIND CHARGES .'INVOICE DATE 4/25/79 CUsToF[R CoDE M p VIA ` r City of Denton e r City of Denton Director of Utilities Director of Utilities Municipal Building Municipal Building Denton, TX 76201 Denton, TX 76201 INVOICE AND AMCNLEDGMENT 1 v r City of Denton Director of Utilities Municipal Building Denton, TX 76201 1 j _ r.D, E. ►t ANftcoMECI r.o.F. ►iRNt(rro. r.o:a. DESY /M. tADRI. ON _ cmaa 1l[O DrD [x R7 IN, ti1x. Lti1, i o R It s[_~~ 100 ~~V~, iNIP DA}t J ' 43955 j Participation Agreement Net 30 Days YYPC NUMBER OCSCrtIrTION CRDUP C I A DLIAIri TV PRICE AMDUN! i 1 • I 93000 Participation agreement of Dec, , 59 1978 (copy atta hed E j covering the insta lat on of 2930 foot of 12 inc water line at 1-35 and Mayhill i;oad of, wh ch the cities cost is 2920 6.5242753 19)050.8 I ' I TOTAL 191050.8 i AP 2 'l 1979 1 CITY OE DEWOt UTiLi T IES DEPT IA ,1KAw1E11 .1(IrAeurfualxl.Nl.In1114111os~lmrl 1nnlhrP100, N0.1N.111111y 0N1141 ANDREW C,ORPORATION~ - `ru1Y1 rv} l It I f 17. h P LI11 Mnlr, %111.141 I 16N 1 $1 tot 014k III Now ( 11 4 rl '~I11w nlxlhl RNI Il+ ull Ni hl i N IN " Y4111.1M ;,Asl A4 III Al A411 NblI oW rA"N,",o r. I'm RI II I IYII Il nV I INYI:JININ IN 1"ld A11.10 IN 10 '.1 IN II `III* •dII*NNAIIH11 R11 011'A ON IPNU rAYIi UNI IHPI.IMHr Iyyl] 4 41 I'll- lMAIO 01 IJI14 rl-I. xl'1n R. la r ~ r I f I i F: a j 1 II J 1 CITY ofDENTON,)'EXAS MUNICIPAL BUIL DING / DENTON, TEXAS 76201 !'TELEPH'ONE(817)382.9605 i i April 17, 1979 E I Mr. Bob Wilson Andrews Corporation P.O. Box 1098 ? Denton, Texas 76201 I •r IIII Re: Participation Agreement 1 • Dear Bob: Our City Engineer has measured the water line Andrews Corporation installed on Mayhill Road and find the cxact length to bd 20920'. Upon your submit- ting an invoice to the City of Denton for participation in.this length, we will submit vane to th± Public Utility Board and City Council for payment. Attached, please find a draft copy, of the certification of participation referred to in the participation agreement between the City of Denton and Andrews Corporation. ! Yours very truly, , 71 f I , R. E. Nelson, P.1' REN/ey i alto i chnent • I l I I . . I i I I ti♦; J1) • TIM STATr OF TEXAS X COUlay OF UEtiTO`1 X CITY OF D2.NM: X I, ,)bent E. Xelson, Director of 'rtilities of the City of nenton, do hereby CE;RTIIY that Andrew Corporation has installed 2920ftet of .12 inch Water line at 1-35 slid Mayhill Road in accordance with the participation Agreement enterr-3'into with the City of Denton on the 5th r day of Decenber 197 9fie'City of Denton's cost of subject participation is deteithined to be19,050.88 dol],ars, 11 i such coat has been established by multiplying2920 feet of 1 6.5242?53 subject line by dollars per foot ay established by subject Participation Agreement plus other necessary opstr as followst 1 nobert F.. Nelson, t'.E. / Directo;. of Utilities City of F)_ntoa, a stns i I } I 1 i July 10, 1979 CP" COUNCIL AGENMA Iic.Y: C-; ;alder Authorizing Staff to Advertise for Proposals for A Dallas/Denton J, ntly Sponsored Financial Feasibility Study of Aubrey Reservoir. SMCAARY: Aubrey Reservoir has been one of the major alternatives in Denton's Long-Range Water Supply Plan for many years. Denton and Dallas have a long standing ae,reement to jointly participate in the construction of Aubrey on a 26% s 74% 'msis. Since this project was originally identified as a potential water sukq)Lf, costs and environmental concerns have increased. The purpose of this Stm.iy will be to investigate safe yield, estimated cost of water, compare Aubrey Water cost: with an alternative East Texas Reservoir and investigate various poss£blo alternative s:ethods for sponsoring construction of Aubrey Reservoir. This study will be a jointly financed study between the City of Dallas and the City of Denton. The City of Denton wi'' coordinate this study. This study will be conducted concurrently with a proposed update of Denton's Long-Range Water Supply Report by Freers s Nichols. Freese and Nichols will be investigating all possible alternative supplies, including Aubrey. This Financial Feasibility Study will concentrate on answering the question of the cost of water from Aubrey Reservoir. FISCAL SUMARYe The City of Dallas will finance 74% of the Study and the City of Dentor: 26%. ACTIOI4 REQUIPEDs Authorize Staff to advertise for pr,;osals) The Dallas City Council is scheduled E to review this item oh Wednesday, July 11, 1979. I ALT RNATIVE9: STAFF RECOM'LzNOATIONS: o The Staff rec=:iends aarroval of authorization to advertise for porposals. R. E. Nelson, P.E. Director of Utilities EYMBITSi I - Requeat for Proposal i WON] 1 i € July 2, 1979 a SUBJECTi REQUEST FOR PROPOSAL FOR FINANCIAL FEASIBILITY STUDY FOR AUDREY RESERVOIR 6 i Your firm is invited.to submit a written proposal for performing a Financial Feasibility Study for Aubrey Reservoir. This study is jointly sponsored by the Cities of Dallas and Denton. The contract will be awarded by the City of Denton with concurrence of the City of Dallas. The study will be coordinated by Ci,ris Hartung, City f Manager of Denton. Enclosed is a request for proposal which includes specific details regarding the Scope of Work, Report, Proposal, the Price Proposal, Presentation of Proposal and Evaluation. Consultants with a back- ground in strategic planning and financial analysis are preferred. Sealed proposals may be submitted to Mr. Chris Hartung, City Manager, City of Denton, 215 East McKinney, Denton, Texas 76201. Proposals i should be returned in an envelope marked on the outside with respon- dents name, address and the statement "Proposal for Financial Pea- sibility Study for Aubrey Reservoir." Proposals shall be returned by August, 1979. I Thank you for your interest in this study. Sincerely, i Chris Hartung, City Manager City of Denton #I Enclosure: Kai REQUEST FOR PROPOSAL FOR CITIES OF DALLAS 6 DENTON i STATEMENT CF WO~R, i You ate invited to Su'init a proposal for a Financial Feasibility Study for Aubrey Reservoir, Denton County. The purpose of the study is i three-folds 1) To update cost estimates of Aubrey Reservoir, and to determine the estimated unit cost of water. 3 ! 2) Compare the cost of Aubrey water with tbo cost of `I { water from alternative reservoirs that could be constructed in East Texas. i E 3) To evaluate alternative strategies for sponsoring and constructing Aubrey Reservoir. I i For purposes of this study, "o)st" is normally to be construed as the E cost of water delivered to the treatment plant of each city (Dallas and Denton). it is anticipated that a contract for this study will be awarded in September, 1979. The completed Study report to desired three months t after award. However, each proposer is invited to sl,bmit an alter- native schfd;:le, if appropriate. This study to being jointly financed by the cities of Dallas and Denton. Therefore, submittal of a draft report and presentation of the final report shall be male to both cities. A presentation of the final report shall also be trade to the Water Management Advisory Council, a group com- pooed of representatives of the 16'customer cities of the City of Dallas. . L w~ i i Page 2 INTRODUCTION i "he Cit s of Dalia^ ani Denton have a long standing agreement to share 1:d~#+w~~WNRK>Ar'I~MiN.~~1~a0ia~~l~$!~hr3aRiaga.r,..wrw..wn+~' in the financial support of the construction of Aubrey Reservoir to be located in northern Denton County. Construction of the project was I originally planned by the Corps of Engineers for the late 1970's with Dallas and Denton as local sp.nsors of 74% and 26% of the costs respec- tively. Various circumstances have caused the project to be delayed. I In recent years, different reports have presented varying water yields and costs for Aubrey pe3arvoir. It is the intent of this study to review the various reports, to analyze the basic underlying financial and legal assumptions, and to d=velop a realistic estimate of the cost of water from Aubrey Reservoir. in addition, the estimated cost of water from 0 Aubrey shall be compared with cost of water from alternative reservoirs in East Texas, including associated pumping costs. SCOPE OF WORK_ i The consultant shall investigate and analyze the following areas: j i A. AUBREY RESERVOIR COST ANALYSIS 1. Safe Yield. Recommend reasonable "safe yield" rating for f Aubrey. In this connection, existing reports shall be used. F.eports incluis those prepared by the U.S. Corps of Engineers, ~ j j Forrest and hotton, Inc., Consulting Engineers, Freese 6 I Nichols, Inc., Consulting Engineers, and the cities of Dallas 1 i and Denton. In determination of safe yield, prior water rights I i shall be fully recognized) the recent preliminary report of the upper Trinity Adjudication shall be the principal resource as to water rights. 2. F•xdaral Froject. Review current Corps of Engineers estimates regarding cost and completion time for construction. With the Ccrps of Engineers as the financing and construction agent, identify the normal project steps or phases and associated j schedules for completion. r. I I I Page 3 i 3. Local Sponsor. A similar analysis shall be made of the cost and completion time if the cities or a separate local agency were to act as the financing and construction agent. Under the local sponsorship, the consultant shall separate costs of flood control and recreational facilities as presently plan- ned by tha Corps of. Engineers. I 4. State Financing. The consultant shall investigate the avail- ability and analyze the impact of the project costs and comple- tion. time by using the State of Texas Water Uevlopment Fund., 5. Cost Elements. identify the major increments of costs and estiatiated I time requirements associated with each alternative outlined in F 2,3 and 4 above. ~ j r 1 B. EAST TEXAS RriIR BASIN RESERVOIR COSTS ANALYSIS The Consultant shall review available engineering reports and identify I one or morv alternative water supply reservoirs in East Texas and develop comiarative cost estimates and completion time for such alternatives. Estimate the cost of water delivered to the Dallas { and Denton tfeatnent plants. For purposes of these estimates, the rate of increase for energy costs shall be projected using a high, moderate and low rate of increase. C. OPERATIONAL COSTS t The ;.:sultan; shall develop a schedule of cost covering both capital related costa and delivery costs for raw water over a 30 year period after completion of the reservoir. The methodology and assumptions used in cro;er ug the cost schedules shall be included in the report for each of t".a following three alternatives t A. A U.S. C,.)rps of Engineers Aubrey Reseivoir Project. 8. A locally sponsored Aubrey Water Supply Project. C. A reservoir constructed in an East Texas River Basin. 1 I . M~ J J~ !II 7 Page 4 D. ACCESS TO INFOVATION Consultants shall mako maximum use of information and reports already available through the Staff of Dallas and Denton. Exhibit At ettdched herewith is a list of the major documents. These documents will be available to the consultant at the City of Dallas Water vtilitieF Office. Also information being generated by concurrent studies,'jY + staff or consultants, shall be provided. It is the intent of Viis study to utilize existing information to a maximum, especialiv engineering report. The focus of this study is to explore f'aanoial feasibility and financing alternatives. i l I 3 w i .A JMl 1 I Page 5 1 REPORT ' I The Consultant shall furnish 100 copies of the final report. AUBRFY STEERING COA111177EE A joint Aubrey Steering Committee will be established by the Cities of Dallas and Denton. This committee will consist of members of the City Manager's Staff and Utility Department of each city and such other designated persons as each city 11,;.11 deem necessary. The purpose of i the Committee will be to neet periodically with the consultant to review the progress of the Study and provide input as desired by the { Consultant. In addition a preliminary draft of the report shall be fur- nished for review by the cities. i ` PADPOSAL I I 1 The proposal shall consist of a detailed outline describing the con- sultant's understanding of the scope of work, report format, time of 1 1 ~ completion, project team and fee basis. The proposal shall contain a E proposed form of contract that may be used vs a Pro E posed legal document by the respective cities for entering into the contract for professional services. Ten copies of the subject proposal shall be submitted. ! PRICE PROPOSAL .F. The Consultant shall unit a proposal stating the general terms and J conditions for services. Standard huurly rates of various categories of personnal to be invclved in the subject study shall be submitted. An ostttnate of war;. hour requirements shall be 1:, led. A total estimated cost of the atu3y -h;<1 be submitted. i REFERENCES t The proposal shall include a listing of client3, including name and telephone number of the person who would be most knowledgeable, who have been provided similar services by the Consultant within the past three years. 1 ra SSy~ 1 Page 6 PAESFNTATIU"i ^ 2P.0?O-,%LS AUIVW,.Y STEERING Committea will review the proposals and select finalists that are determined to best produce the desired study. Represeatatives of the final successful consultants will be requested to appear before the Committee. i EVALUhrION i 11 The Aubrey St_ering C0uraittea will analyzo the consultant's capability, the estimated cost and overall ability to perform the requirements of this study. The Commit(is reserves the right to recommend an award of a contract which is in the best interest of the respective cities. The k i cities rea_rve the right to reject all proposals and resolicit in the event I no adequate and fully responsive proposals are received and negotiations fail to provide mutually satisfactory results. Estimated total cost and i a timely completion schedule are factors that will be considered in the evaluation process. i l ■ c EXVIBIT A DOCUMENTS REGARDING AUBREY LAKE 1. "RePort on Feasibility Study for Aubrey Lak3" prepared by URS/ Forrest am Cotton, Inc., 1977, 2. "Report on Long Flange Water Supply Study to Meet Anticipated Requirements to the Year 2050" prepared by URS/Vorrest and Cotton, Inc.,March 1975, 3. "Recreation Market Feasibility Study for Aubrey Lake" prepared by ` Candeub, Flaissig and Associates, 1975. 4. "Final Environmental Impact Statement, Aubrey Lake" prepared by j U.S. Army Engineer District, January 1974. { 5. "SUpple7ental Report or City of Dallas Long Range Water Supply for Financial Planning to Year 2000" prepared by URS/Forrest and Cotton, Inc., 1974, t f S. "Archaeological Reconnaissance of Aubrey Reservoir" prepared by Southern Methodist University, FeEruary 1973. 7. "Aubrey Lake Design Memorandum No. 2 General" prepared by U.S. i Army Er•ineer District, Fort Worth, October 1973. a j B. "Long-Range Water Supply Study for the City of Dallas, Appendix D, j Aepw t on the Elm Fork of the Trinity River, Texas" prepared by { For.and Cotton, Inc. 19$4. ! 9. "Report on Long=Ranle Water Supply" for City of Denton by Freese and Nichjl,es, December, 1975. Prepared 1 1 1 toot ~FF I mYe p.« . I SUGGESTED LIST OF PROPOSERS t 1. Price Waterhouse 6 Co. i 2. Touche Ross 3. Poat , Marwick, Mitchell r. Co. 4. Coopers 5 Lybrand 1 I I . 5. Ernst and Ernst i 6. Arthur Anderson I 7. Haskins & Salle 8. Arthur Young E 9. Ebasco { 10. Gilbert/fo-vax naealth 11. Mcxiissy Company, inc. , I JI 1 r i I i I 1 !t 'an i 1 July 10, 1979 1 CITY COUNCIL AGENDA ITEA! i Consider Awarding a Contract for Engineering Services to Freese 6 Nichols for a Comprehensive Review and Update of Denton's 1975 Report on_LOng-Range Water SupPli• i SUMNARYt - i Freese and Nichols prepared a Report on Long-Rango Water Supply for Denton in 1975. Several factory have changed since then and it is necessary to agatn investigate all possible alternative water supplies for Denton. Denton pre- sently has a 9.5 million jallon per day allocation from Lake Lewisville and a Contract with Dallas to tats up to an additional 13 million gallons per d'ay i from Lewsville at a coat of approximately 4.50 per 1000 gallons. The Contract with Dallas expires in 1950. Denton and Dallas have planned to jointly con- etruct Aubrey Reservoir but due to legal,cost and other factors,construction ha3 not yet begun on Aubrey. Therefore, before a commitment is made to proceed with Aubrey Reservoir or any other alternative, an updato of all possible If Long-Range Water Supply alternatives is required. It is anticipate] the report would be completed by Jan. or Feb., 1980. I FISCAL SUtMARyt r ' The estimated cost is $40,000. ACTION MQUIP$Dt i Approval of Contract for Engineering Services with Freese 6 Nichols. i F i ALTERNATIM STAFF RECOMMENDATIONSr Approval of Contract for Engineering Services. t i R. E, Nelson, P.E. Director of Utilities EMIBITS - I 'ontraot for Engineering Services and Scope of Work. i iy • s.Y _1 i l CONTRACT FOR 1 ENGINEERING SERVICES STATE OF TEXAS f COUNTY OF DENTON This contract entered into this day of T , 1979, y ! by and between the City of Denton, Texas, Hereinafter cafiecFt~ie U~rner, acting by and through W. S. Nash, its Mayor, duly authorized to act, and ; Freese and Nichols, Inc., Consulting Engineers, Fort Worth, Texas, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1 1. Employment of Engineer: The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services as herein set forth in corinection with the review and update of the Long-Range Water Supply Plan for tha City of Denton. ' II, Character and Extent of Services: The Engineer shall perform professional ser-vTces comprTsi~g nv1~`esti"gations and studies and develop- ment of a report based on a comprehensive review and update of the Report on Long-Range Water Sur 1 _ previously prepared by the Engineer for Owner in December o~T9 5. The scope of work shall include the following: A. Water Requirements: I., In cooperation with the Denton City Staff, re- view recent records of water use by the City of Denton to determine present trends in water demand. 2. feviov? and analyze available studies by the I North Central Texas Council of Governments, the Texas Department of Water Resources and others rep3rding the projected population growth of Denton i and o0er nearby areas which may reasonably be anticipated to redelve their water supplies through the City of Denton's water facilities through the :rear 2030. . i !ate _ flu] s. R-die.a and evaluate the probable future require- for water fr,r industrial use and other srecial uses, 4. Prepare projections of water requirements, by cecades, indicating potential minimum and maximum requirements and the most probable requirements through the year 2030. B. Ffater Supply Sources 1, Review and evaluate the water supply available to the City of Denton from the existing lake t-e.ai svi l le. 2. Review and evaluate the proposed Aubrey Reservoir supply. 3. Review and evaluate the potential sources of supply which may be available from: a. The Red River Basin { h. The East Fork of the Trinity River c, The Sulfur River Basin d. The Cypress Creek Basin e. The Sabino River Basin 4. Investigate the possibility of securing water on an interim basis 4r~nding the development of a long- ranee supply. 5. P.eviety the quality of crater available from the more promising sources. C. Estimates of cost: I I.@ Prepare estimates of cost of development of the most feasible sources of supply and estimates of t the cost of facilities to transmit water from those sources to the City's water treatment plant. { 2. Estimate the annual cost for delivery of raw water ' from the most feasible sources to the water treat- rjnt plant, including costs of debt service, operation and maintenance. 1. Prepare a written report covering the basic data, cost estimates, findings and recommendations of this study. s .c. _ MII ; #:H 1 I S.';-it the report in draft form to the City for review. 3, 1o„ing review and approval of the draft, submit 50 printed and bound copies of the final report. ; 115. Ti of Corp tetini: The review draft of the report shall be delivered tomet eFewner withn one hundred and fifty (150) calendar days following authorization to proceed with the study. The fifty printed and aft. bound fifteen copies (15) calendar final drys report rdrwithin IV. Fee: The 0 I rendered and?r this Contract rinsacto pay cordance ewith ither fofor all llowing: services 1 Officer - Per Diem i I S. W' Freese, J, R. Nichols, R. L. Nichols, L. B. Freese, R. S. Gooch, J. P. Jones, R. A. Thompson, 111 $400.00 Assoc_ iates - Per Diem 0. C. Allen, J. B. Napes, A. N. Ullrich, W. E. Clement, E. C. Copeland, J. H. Cook, 6350.00 1 T. A. Reid, G. N. Reeves Salary Cost Times Multiplier of 2,3 { Staff Members Salary Cost is defined as the c^st of salaries of engineers, draftsmen, stenographers, surveyrwn, clerks, laborers, etc., for time directly j chargeable to the project, plus social security contributions, unemploy- ment compensation insurance, retirement benefits, medical and insurance o. benefits, sick leaue, bonuses, vacation and holiday pay app factor y is Cost is equal to 1.35 times salary payments for 1978. This Other Actual Cost Times Multiplier +of 1.15 i Direct Expense I i Other direct er,penses shall include printing and reproduction expense, communication espens,i, travel, transportation and subsistence away from Fort Worth erii other rascellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done b; inJeper. ent persons oi*• agents other than staff members. Inasmuch as th° r,+.c`.1r of sources of crater supply to be investigated is { not definitsly kn,tiwi at the start of the study, it is not possible to define a r,e 4^ru anticipated fee. The Engineer shall keep the City in- rya 1 formed as to it," r:d f es and shall advise the City when the fee appears I d, I i I I I 1 • i to be nppro5-_hic@ When the fee reaches this amount the City shall evaluate tl,e Project and determine vihether to roc ed w nth further investi- ~ gations or to tEI'MirdtE the NvmL. i Payment will be made cn staterents submitted by the Engineer. Statements i shall not be submitted at intervals of less than one month. V. Successors and Assignments: The Owner and the Engineer, each binds hiroetr, his succ`assvr~, executors, administrators and assigns of the other party to this agreement, and to th? successors, executors, administrators, and assigns of such other party in respect of all covenants of this agreement. ti?ithar the Owner nor the Engineer shall assign, sub- let or transfer his interests in this agreement without the written consent of the other. ; This contact is executed in two counterparts. IN TESTI'MMY H M OF, t.)ey have executed this agreement, the day and year first above written. I ; CITY OF DENTON* TEXAS rTEST: Owner --7 ti-y By --.--5. Nas , Mayor (CITY SEAL) FREESE AND NICIMOLS, INC. WITNESS: Engineer 16ZA :4,1, E f/ s James R. N chi ols, Present i I A i a. r,l, aPA N43RaA RE(■■ l: sliA', 'y 141 r I • City of Denton , Memorandum July 10, 1919 I i AGENDA ITEM: 4 Consider the subdivision approval process regarding final plat approval. h SUMMARY: As you recall the City Attorney, at the July 3 meeting, made the Council aware that the Denton Code of Ordinances requires City Council action for' h final approval of all subdivision plats (City Attorney's Memo attached), i This is in contrast to the manner in which the plat approval process has occurred during the last several years. It is the City Attorne.d s opinion 'that given the current ordinance, plats must be presented to the Council for final approvals, unless the Council chooses to repeal that requirement.' If the Council does this, state statute will give formal plat approval authority to the City's Planning and Zoning Commission. ALTERNATIVES: a) Retain the ordinance which requires City Council action for subdivision I plat approval. b) Repeal the ordinance.which requires City Council action for subdivision plat approval, STAFF RECOMMENDATION; J Having worked clo;,.1y with the Planning Cu,rmission in its area of expertlse-- land use matters--the Planning Department staff feels the Planning Commission would perform plat approval in a•responsible and professional manner, with the best interests of Denton guiding its decisions. The Planning and Com- munity Development Department suggests that City Council review of plats is duplicative and time consuming, and recommends repeal of the ordinance which requires City Council action for final plat approval, ACTION REQUIRED: f j The City Cotmtil should move to instruct the City Attorney to prepare an appropriate ordinance. EXHIBITS. • A a memo b; City Attorney's memo regarding approval for subdivision plats. I ~ l Sam ~Usti Assistant City Planner I i it CITY OF'DENTON MD.10RANDWI I ,DATE; June 290 1979 TO: Members of the City Council i FROM: Burt R. Solomons a SUBJECT: Approval-of plats It has recently come t plats by'thA pl o my attention that the final aval Of anning and Zoning Commission ing brought to the is not currently be City Council for review and a the plat is released and filed with the County Clerkval T before cedure is inconsistent with Article 13, IF j regulations of the city 03(c) of the subdivision of Denton and Art'icle•974a, Y.A.T.S. prior•to'Sertembor 1, 1976 , Cohncii Article 874a d,id not power of approval or disc give the City 1 # was no planning commiyssionto, However~vallg7upamendmentstotArticle I 97da,suthorizes a cit provide that both a planning commission and a city council must approve a p1Mt by adoption of an so providing, The amended statute, in per ordinance tinent part, statea that "If a city has a city planning commission, the require a may, by ordinanco, additionally 11 ? by the governing bodyaid plan, plat or replat ; Artiole'l3,o3(3) of the Denton-Code of Ordinances states that;. 11(c) . ,the final plat, as approved' by the planning { and zoning commission, shall be presented by the director of planning to the City council for review and approval beforo the plat is•roloased f and filing with the county oler1c,1r This procedural step is mandatory and no longer inconsistent with I • state lair, Thor efcre it is st presented with ore, my-opinion that the City Council must j Zoning Commission for itptovb© vfinal of the Ci Pl ali.d,plIt should betnotednthat and this procedural step is optional under Article 974a and could be spec,ttically repealed by an ordinance so providing. r i i . a , I "171 Members of the City Council June 29, 1979 Page Two And finally, turning'to the status of the previous plats released and filed without. approval of the governing body, we believe that one or more of the* following has. validated those particular plats: the Texas validation statutes since the 1975 amendment (those statutes by the Legislature which validate certain previous govern- mental proceedings and acts), the language of Article 979a(3) itself %which sets a time limit for disapproval by a governing body or the plat shall be deemed tc ha.e been approved; the filing of thos$ plats ' with the County Clerk; and, perhaps the statuto of limitations. BURT 80I O ON S BRS:js Attachment Ll s I I w i 1 171 it f Art,911a..Pls g,~QrecordingsubdivisionIor'ddition> • ♦ i a ♦ ♦ ♦ : a' • ♦ • ♦ ♦ A Sec. It stall be unlawtul for the County Clerk of any county • fn which ILl )a:d i!es to receive or record'any such plan, plat or replat, unless end until the 111 0311 'rave been approved by the City Planning ' Commission of any ekty allec!ed by this Act, if said city has a City Plan- r} ring Commission +..:•d (f it hae nos City Planning Commission, unless and until the iald plan, plal,'or iepl.~t shall have been approved by the goVern. lufi body of such city, ) 'a i has a ON Plr.noin; CoremGsion the rov- Qi ernitJJ' L~dv ,:addit' , rr plat, or rcnivL, gcrn tclna b~av, ;f such land lfes ot;tsid of rind within live (G)'rnilr~ of Jnore.than one (1) city affected by this Act, i•~ then'the't'C4dis!tt e ruen pp.•oval shall bi b}-• the City Nanning Commission 12.r . or Fovcrnirl body, or both, 'as :he case nay be, 'of such of said titles having the targist populatkont''provided, however; that -the 'govern ing body bf•any city hdvfag tl:e largest ppulttfcn may enter into an agree-' ,,it with any o her, c+;y or cities •effected; or- the 1,-.wiIng body of the' ' rd. largest city may enter anti agreement with any other city within five ' (G) miler conferring the power of approval within stated portions of the ' area epon such other cl'y t' but any such agreement shall be revocable by either city at the end rf.tweaty (20,1 years after The date of the reree- ment or at the end of such shorter period of time as may be agreed upon., A'copy of any such agreement shall le f"►d'with the County Clerk, sand during the time Qo agreement continua force he shall ;lot-receive or record any such plan, plat or replat unless It has been approved by the i City Plahri Commission of the governing body, or both, as the case m , ' aybe, of the city or cities •Jpon which the porter of approval is cons ' y rred 11:6 olreennell Any person desiring to have a plays, plat or teplat approved as hatch provided, thali apply therefor to and file a copy • r!; , wlth the Commission, If there be one, or vrith the governing body if there Is no Contmisslon The Commission. or governing body, as the case may be, shall act upo:r same %l thirty M) days from the. filkug date, It said plat be not disapproved vlithin thirty (90) days from said filing date, • • e t, it Shall be deemed to have ll approved I-y ttre,Commission, or the gov j erning body If there is no Commi.4sion. ]f a city with a Coinrnfill has I'll • 4f~ . iieyu~red Ill lit srarevil1 be -riven by the overninr body then the povern• nLR aor,r ahrn act u„I the scne wkhrll thirty (OM; t`iie ri{s• y y 'a r.. r va by th Commission or alter rho a ' roti a v rfasou o no .i c{Tou: r S la ba not doss proyr y tFe governing o y xs tins CcT MY, IVY ' J (en+ ~ il Ihx 1 o rf ~a en + Li .ka:l~. A eerhfteae ahotiving te ng dotes hereunder and the failure tb take actions theremi a•ithia~the perfods heroin prescribed shall on des mand be issued by the City Planning Comaii~ston or governing burly, as j. e? the care may be, of such city,.an(1 said certificate shall be sufficient in y y: ,lieu of the vil endorsement or other evidence of approval herein re- j f • Qulred: N 60 pleat plat, or replat Is approved, such Commission or rev . ' ' t erning body Shall Indicate itich finding by certifkcate endorsed there- . AA ' , on, signed by . the Chatima nor residin officer o p Y of said Commission or t,te:akng body end at ea. ,ed by its Secretary, or signed by n mSforrty,o. ' the mer•,bers of said Commission or of the Governing Belly when appro• , • r' . , j priate under thka it Such Commission or governing, body'ahall' $eep a ' reci cf•sueb applications and the action taken thereupon, and upon des mum. of the owners of any Isnd.affected, shall certify its reasons for k 'iie action taken in the matter.` e ' Sea $ amended by Acts 3976, 1 i Lc' 9 ' ' ltid. g, p. 126., 'cL, e$2, f ! off. Sep t.'] ` ~ ! ~ ]076. : ~ , 1 , a