HomeMy WebLinkAbout06-01-1993
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CITY COUNCIL AGENDA PACKET
JUNE 1o 1993
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AGENDA~~
CITY OF DENTON CITY COUNCIL
June 1, 1993
Work Session of the City of Denton City Council on Tuesday, June 1,
1993 at 5:15 p.m. In the Civil Defense Room of City Hall, 215 E.
McKinney, Denton, Texas at which the following items will be
considered:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular session.
5:15 p.m.
{ 1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Provide legal advice to City Council on
qualifications of board members.
2. Consider action in Hunter v. City of Denton.
3. Consider action in Michael Wilson claim.
4. Consider settlement of the matter of the
application of Green Springs Water Supply
Corporation for an amendment to CCN No. 11480 and
Bolivar Water Supply Corporation for an amendment
to CCN No. 11257; Docket Nos. 9824-C and 9447-C of
the Public Utilities Commission.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
2. Presentations by firms responding to the City's RFP for
collection of delinquent taxes and give staff direction.
3. Receive a report and hold a discussion regarding the
appointment of Council Members to various council committees
and give staff direction.
4. Receive a report and hold a discussion regarding a study of
the Cityts Animal Control ordinances and give staff direction.
5. Receive a report and hold a discussion regarding
recommendations of the 191 Committee and give staff direction.
Regular Meeting of the City of Denton City Council on Tuesday, June
1, 1993 at 7:00 p.m. in the council Chambers of City Hall, 215 E.
McKinney, Denton, Texas at which the following items will be considered:
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apendaNe
Apeoda ttem___._
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City of Denton City Council Agenda
June 1, 1993
Page 2
1. Pledge of Allegiance
2. Consider approval of the minutes of the Regular Session of May
4, 1993.
3. Citizen Reports
A. Receive a citizen report from Dena Fairfield regarding
the tree preservation and landscape ordinances.
B. Receive a citizen report from Dessie Goodson as a follow-
up to a previous citizen report.
C. Receive a citizen report from Don Smith regarding the
tree preservation ordinance.
4. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance amending Section 18-100 of the Code of
ordinances relating to applications for loading zones;
providing for parking of certain authorized vehicles
within loading zones; amending Section 18-101 providing
for the marking of loading zones; amending Section 18-102
providing for a violation for unauthorized parking in a
designated loading zone; creating Section 18-102.1
providing for a penalty in the minimum amount of $25.00
and the maximum amount of $200.00 for violations thereof;
providing criteria, dimensions and application fee for
loading zones.
B. Hold a public hearing and consider adoption of an
ordinance increasing the boundaries of Planned
Development No. 108 from 1.354 acres to 1.489 acres by
rezoning a .135 acre tract from the 2F district and
amending the detailed plan by increasing the gross floor
area on property located on the east side of Carroll,
north of Highland and south of West Prairie. Z93-007.
(The Planning and Zoning Commission recommends approval.)
C. Hold a public hearing and consider adoption of an
ordinance rezoning a .871 acre tract from the commercial
district to the Planned Development district on property
located on the east side of S. Locust, west aide of
Wainwright, north of E. Prairie for the purpose of a
mixed use development consisting of office, restaurant,
and apartment type uses. Z93-008 (The Planning and
Zoning commission recommends approval.) 1
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ApendaNo ~u -a`lb`
Agenda
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City of Denton City Council Agenda
June 1, 1993
Page 3
D. Hold a public hearing and consider adoption of an
ordinance amending Planned Development No. 72 allowing
single-family detached residential use according to SF-7
district standards in the area platted as Cooper's
Landing, Section IV, which is currently designated for
duplex/4-plex use. The amendment would also modify a
condition of the approved ordinance 84-50 so as not to
require detailed plans for single-family detached land
use. The 15.174 acre tract is located north of Windsor
Drive and east of Locust Street. Z93-009 (The Planning
and Zoning commission recommends approval.)
5. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations.
Listed below are bids and purchases orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 6.A,
6.8, 6.C, 6.D, 6.E). This listing is provided on the consent
Agenda to allow Council Members to discuss or withdraw an item
prior to approval of the Consent Agenda. Upon the receipt of a
"request to speak" form from t citizen regarding an item on the
Consent Agenda, the item shall ~s removed and be considered before
approval of the Consent Agenda.
A. Bids and Purchase oriterst
1. Bid 01487 - Water Treatment Chemicals
2. Bid 01495 - Toxicity Testing
3. Bid 11497 - Total Carbon Analyzer
4. Bid 01501 - IBM RISC/6000
5. Bid 01505 - Lease of Scraper
6. P.O. 034597 - Goldvaites of Texas In-:.
7. P.O. 034760 - I.B.M.
8. Change Order No. 8 - P.O. 126052A - Gracon
Construction Company
9. Check Requisition - W. B. Rummell
AG"da No
Date__
City of Denton City Council Agenda) 7
June 1, 1993
Page 4
6. Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or cervices. (5.A.1. - Bid 014870
5.A.2. - Bid 41495, 5.A.3. - Bid 01797, 5.A.4. - Bid
015018 5.A.5. - Bid 01505)
B. Consider adoption of an ordinance awarding a contract for
the purchase of materials, equipment, supplies or
services. (5.A.6. - PO 034597)
C. Consider adoption of an ordinance authorizing the
execution of a change order to a contract between the
City of Denton and Gracon Construction Company= and
providing for an increase in the contract price. (5.A.8.
- P.O. 026052A - Gracon Construction)
D. Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance with the provisions of state law exempting
such purchases from requirements of competitive bids.
(5.A.7. - PO 034760)
E. Consider adoption of an ordinance approving the purchase
of a utility easement and temporary construction easement
from W. B. Rummell and Betty Ann Rummell. (5.A.9. -
Check Requisition - W. B. Rummell)
F. Consider adoption of an ordinance approving and
authorizing the City Manager to execute a compromise
settlement release of all claims in the matter of GambIg
y. City of Denton. Texas.
G. Consider adoption of an ordinance authorizing the City
Manager to execute an agreemcat with the State of Texas,
acting by and through the Texas Department of
Transportation, for participation in a landscape cost
sharing program project on F.M. 2181 from interstate
Highway 35 to Bent Oak Drive. (The Keep Denton Beautiful
Commission endorsed the plan on January 6, 1992 and
Council approved the cost sharing values on February 2,
1992. The 191 Committee recommends approval of the
funding source.)
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City of Denton City Council Agenda
June 1, 1993 <%/1
Page 5
H. Consider adoption of an ordinance approving and
authorizing the City Manager to execute a settlement
agreement between the City of Denton and Green Springs
Water Supply Corporation.
I. Consider adoption of an ordinance providing for the
expenditure of funds for professional engineering
services to design a continuous emissions monitoring
I system for members of the Texas municipal Power Pool.
7. Resolutions
A. Consider approval of a resolution authorizing the Mayor
to execute an interlocal agreement with the County of
Denton for the construction of improvements to Mayhill
Road between McKinney Street and Highway 380.
B. Consider approval of a resolution creating the Juvenile
Diversion Task Force to formulate and provide
recommendations to the City Council relating to the need
of a diversion program to assist in the rehabilitation of
juvenile offenders.
C. Consider approval of a resolution authorizing the City
Manager to submit an application to the Texas Water
Commission for a grant to fund a household used oil
collection program and execute any required agreement
concerning the grant; and providing for certain
assurances related to the grant,
8. Consider approval of a special permit to allow work to be
performed in conjunction with the Teasley Lane utility
relocation project on Sundays when deemed an emergency
situation as determined by the City Engineer.
9, Consider approval of the Army corps of Engineer's
recommendation (Alternative F) for repair of the Ray Roberts
embankment.
10. Consider an exemption to the noise ordinance on Friday, June
18, until midnight for the Juneteenth celebration at Fred
Moore Park,
11. Consider a request from the North Texas State Fair Association
for an exemption from the noise ordinance during the North
Texas State Fair and Rodeo, August 20-30, 1993.
AWdaNo__ Q~ D
Agenda
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City of Denton City Council Agenda
June 1, 1993
Page 6
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12. Consider appointments to various Council committees:
A. Agenda Committee
B. Audit Committee
C. Economic Development Committee
D. Investment Policy Committee
E. Municipal Court Advisory Committee
F. Vision for Denton
13. Miscellaneou,% matters from the City Manager.
14. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
15. New Business
This item provides a section for Council Members to suggest
' items for future agendas.
16. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
B. Real Estate Under sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
r certify that the above notice of meeting was posted on the
bulletin board at the City Nall of the City of Denton, Texas, on
the day of
(p.m ) _ 1993 at o'clock (a.m.)
"-CITY SECffT_ARY
Agendak
Agenda I*rrL- -
City of Denton City Council Agenda
June 1, 1993
Page 7
1
NOTES THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE.
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY {
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS 1
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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,~oene, wo. 93......-Ole Olry Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS Y6201
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MEMORANDUM
DATE: May 24, 1993
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrano, Executive Director of Finance
SUBJECT: DELIUQUENT TAX COLLECTION ATTORNEY PROPOSALS
In response to our Request for Proposal for Delinquent Tax
Collection Services, we received three proposals. The specific law
firms that responded are as followss
a Heard, Goggan, Blair & Williams
a McCreary, Veselka, Bragg & Allen, P.C.
a Perdue, Brandon, Fielder, Collins & Mott
All the firms were invited to give oral ppresentations to City
Council during the June 1, 1993 work session. Copies of their
proposals are being sent under separato cover.
After reviewing the proposals and holding conversations with the
individual firmfs representatives, we have developed a list of
str!+ngths and weaknesses for each (see attached), The
prejentations will give us an opportunity to discuss their
capabilities in more detail.
If you have any questions, please do not hesitate to contact me.
HJraf
Attachment
AFF00619
8171566.8200 D/FW METRO 434.2529
Aoe~ No ~ c~-LJ/~!
AOenda ItM~,_~~~~
COMPARISON OF DELINQUENT TAX COLLECTION PROPOSALS
RRARp l/
• fADOOAR, GLAIR i YILLIANB '
;~s`rena-t,~g ~ 1
• Large statewide firm
• Existing delinquent property tax collection software and hardware
• Extensive amount of experience in delinquent tax col
• Practice limited to ad valorem tax law
•
Has local off ice lection
• Collects for Denton Indspendont School District
• Psrformrnce criteria established
WeaknessesI
• Hain offices in Dallas and San Antonio
• Reputation because of adverse publicity
RCCRBARY• VESBLRA, BRAOO i ALLBN, P.C.
Strena hip
• Large, state wide firm
• Existing delinquent property tax collection software and hardware
• Extensive amount of experience in delinquent tax collection
• Practice limited to ad valorem tax law
• Has local office with four employees
• Collects for Benton County
Yieak_~e' i
• Unfamiliar With City of Denton staff and operations
• No programming staff (relies on outside consultant)
• Hain Office in Austin
P8RD080 BRARDON• 118LO8R0 COLLIRB i 1IM7
6treno hst
• Large statewide firm
• Existing delinquent property tax collection software and hardware
• Extensive amount of experience in delinquent tax collection
• Practice limited to ad valorem tax lax
auha" l , i
• Unfamiliar with city of Denton operations and staff
• No local office, office in Arlington
• No performance critertu
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ClTyol "NTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 588.8307
Office of the City Manoger
II
MEMORANDUM
T01 Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATEI May 26, 1993
S nJECTI Appointment of Council Members to Various Council
Committees
I
As mentioned in The Week That Was last week, the Council has
several appointments on its own committees. The attached list was
sent to you last week as a reminder. Staff wanted to make sure
that you were aware that
appointments in your deliberationeould also be considering these
Rick Svehla
Deputy City Manager
RSIbw
AMM002D3
Attachment
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Agin do No
Agenda
ffertL lsL.S`3
~ate_ 6 -i- 93
91tY C u c 1 Committee Affiliations a~~✓-~
A(iBND~A CO_ yYITTBE l/
Council Member Perry
Mayor Castleberry
AUDIT COXHITTam
Council Member Brock
Mayor Castleberry
VACANT (Hopkins Position)
ECONOMIC DEVEL_ Op CO TRB
Council Member Perry
Mayor Castleberry
B KA POLICY C014lITT
VACANT (Hopkins Position)
MUNICIPAL COURT ADVIBORV COMMITTLB
Council Member Chew
Mayor Pro Tem Smith
VACANT
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ApendahM►
Date
TO: Rick Svehla, Deputy City Manager
FROM: Nonie Halo-Kull, Environmental Health Services Manager
DATE: May 27, 1993
~ SUBJ: Update on the Hartfelt Humane Society
SHELTER ACT
As directed by the City Council at its May 18 meeting, staff
Las been tracking the State Senate bill to amend the current
Animal Shelter Act. Ve have contacted State Representative Jim
Horn's office and been advised that the bill is essentially
dead. It is possible for the Senate to euspend its rules and
to take action on this bill. However, aceordiag to
Representative Horn's staff this is unlikely to occur.
TEXAS DEPARTMENT OF HEALTH
Staff has been in contact with Dr. Thomas Murnane, Texas
Department of Health (TDH). Dr. Murnane stated that he has not
reinspected the Hartfelt Humane Society Shelter as he has not
received a request to do so from Ms. Laura Gill, Hartfelt
Humane Society Director, or Mr. Steve Johnson. Staff has again
asked Dr. Murnane to respond to the Mayor's letters of April 15
and May 4. Dr. Murnane has indicated that a written response
from TDH should be arriving soon.
ADDITIONAL COULAINTS RECEIVED
The City has been notified by the Denton Humane Society that
animals are being housed at the Hartfelt Humane Society. City
Animal Control Officers have continued to record descriptions
of the animals they observe at 1800 Fort Worth Drive.
Additionally, we have received a citizen's complaint about the
Grooming Den. The Grooming Den which, while not part of the
Hartfelt Humane Society's operation, is also located at 1800
Fort Worth Drive. It is our understanding that this businese
is owned and/or operated by Laura Gill. The City's Code of
Ordinance does not carry any regulations about animal grooming
establishments.
Hartfelt Humane Society AwdaIto~ ~
Page -2- Date- lam- 23
The complaint received about the Grooming Den is a separate
issue from the concerns about the Hartfelt Humane Society.
However, it is also a matter that could be dealt with by
amending Chapter 14, Article 11, of the Code of Ordinance, as
explained in Option III of the attached memorandum.
Animal Control has met, briefly, with the Legal Department in
an effort to determine what would be required to amend the
ordinance so that it would be applicable to animal holding
facilities and businesses. Animal Control has requested that
the Legal Department assist them in defining "unsanitary",
"unhealthful", and "city health officer", and in enumerating
the duties and authority of this position. It is felt that the
ordinance, as it is currently written, is too broad and that
while it implies that the Environmental Health Services Manager
has some authority in this area it does not specifically
address health concerns resulting from animal problems.
Please advise if I can provide additional information.
Nonie Malo-Kull
Environmental He lth Services Manager
Attachmenti Memorandum from Nonie Halo-Kull Regarding Animal
Holding Facilities (Course of Action Options)
Agenda ItenZ____
M E M O R A N D U M fbte
TO: Catherine Tuck, Administrative Assistant
FROM: Nonis Malo-Kull, Manager
Environmental Health Services
DATE: May 5, 1993
S'7BJ: RESPONSE TO COUNCIL REQUEST
Animal Holding Facilities
The City Council has asked us to provide them with
information on how animal control can prevent situations like
the one that occurred at the Hartfelt Humane Society from
happening in the future. We have researched other cities
ordinances in an effort to determine what other communities
are doing in this area. Staff has developed four options for
the Council's consideration.
QPTION ONE
CREATION OF AN ANIMAL CONTROL INSPECTION ORDINANCE
In general, ordinances which authorize animal control to make
inspections are established as part of a permitting process.
The City of Denton does not currently issue permits to
commercial animal holding facilities. The City of Arlington
has an ordinance which is typical of those found in the
Metroplex.
"Whenever necessary to make an inspection to enforce
any of the provisions of this ordinance, or whenever
J the Animal Control Officer or his authorized
representative has reasonable cause to believe that
there exists In any building or upon any premises used
for a commercial enterprise any condition or ordinance
violation regulated herein, he may enter such building
or premises at all reasonable times to inspeot the same
or perform any duty imposed by this ordinance;
provided that, if such building or premise be occupied,
he shall first present proper credentials and request
entry unless otherwise permitted by law; and, if such
building or premises be unoccupied, he shall first
make a reasonable effort to locate the owner or
other persons having charge or control of the
building or premises and request entry by
presenting proper credentials unless otherwise
permitted by law. If such entry is refused or if
the owner or person in control of the building or
premises cannot be located, an Animal Control
Officer or his designee shall have recourse to
every remedy provided by law to secure entry."
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COUNCIL REQUEST AOerdaNo. ~3-Oi,5'
Page -2_
Agenda IferrL.~
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Adopting this
It would not type of ordinance would
allow us to adequately preseht some
complaints animal control of
t ,
receives aboutesanimal type Problems
fordiacilnitiancees. would The onl first problem is that an inspeholding
ction
commercial a y authorize animal control i
grooming esnimal hholding facilities, such as aspect
control seldom receives ,an and boarding kennelspto et stores,
businesses. In the past Y complaints about these t Animal
complaints on twelve months we have received stwo
same time businesses which deal with animals.
this Dur Ing
about the period we have received ninety-pour complai
nts
conditions in which animals were bein maintained
at private residences or the Hartfelt Humane Society. Humane
ane
shelters are not considered to be commercial
facilities. . Hu animal holding
The second problem is that for an inspection ordinance to be
of any value we would have to adopt standards for animal care
and maintenance. The Texas Penal Code makes an
following actions a Class A Misdemeanor which
from adopting them as any of the
to a Class C Misdemeanorrt of our ordinance and reducing t them us
g hem ~
0 torturing or seriously overworking an animal ~
0 failing anreasonabl
care, or shelter for an animals necessary pool,
0 abandoning unreasonably an animal
0 transporting or confining an animal in a cruel 1
manner
0 orladministering
on to an animal
someone else
0 causing one animal to fight another
0 using a live animal as a lure
However, this state statute does not address sanitation
issues, so it would be
ordinance to include a requiremosse entlthatothem re our
animal or ~,-,imals are being current
sanitary y condition and be reasonably hrbored pebesee where an
parasites, free must of be
animal kept was a
insects and flies, waste,
As you can see, an inspection ordinance would not really be
of any mayor benefit. If the
not want to give us access, we would r have to obtain a warrant
based on our having probable cause to believe a violation was
regarding Currently, we reapond to complaints received
facilities, both commercial and private animal
If the complaint is about a commercial facilityg
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COUNCIL REQUEST ApendaNo_ `I3 c-1 /f
Page -3- Apendaltem__! J ~Oa
Date e - ?3
Jr~1/O
we can enter the building in the same manner as any citizen.
This allows us to observe what is in public view and to tell
the business operator of any problems and to
recommendations for corrections, If the complaint is aboutka
situation taking place at a private facility we can only
observe what the person in charge of the property allows us
to see, or what can be seen from adjacent, public areas,
OPTIpN_ TWO
SETTING A LIMIT TO THE NUMBER OF ANIMALS A PERSON MAY KEEP
Multiple ownership is generally a highly controversial issue
and not easily enforced. Our research has shown that most
cities that do have such ordinances choose to allow three (3)
dogs and two (2) cats or two (2) dogs and three (3) cats and
that they do not count newborn animals which are under four
months of age.
Our current animal control ordinance includes regulations to
deal with odor, noise, and waste accumulation, which are the
problems most frequently complained of.
a
Setting a limit for the number of animals anyone may house
would be enforceable on a complaint only basis. If the
animal owner did not want to allow us access to his/her
property we would have to obtain a warrant based on probable
cause.
It in doubtful that this type of ordinance would be of any
true value. While researching this matter with other cities,
we found that some a
ownership restrictions rfr m ontheirincodes eliminating a they are snot
proving to be effective.
OPTION
EXPANDING ON THE "HEALTH OFFICER'S" RESPONSIBLILITIES
It would be possible to deal with commerical
property, and non-profit locations complained of ~b private
some definitions to Chapter Fourteen, Article II See adding
of the Code of Ordinance, which reads: 14-26
"Authority to make inspections and abate nuisances after
notice.
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COUNCIL REQUEST A900daNo 1✓ el/
Page -4- apendalj ~101_,1
(a) The city health officer may ins D
premises in the city and, upon finding anya unsanitary and
unhealthful condition, shall give the owner or occupant of
such place or premises a written notice to abate such
condition within five (6) days.
(b) It shall be unlawful for any person receiving the notice
specified in this section to fail to abate such condition
with the time specified.
(c) The city health officer may abate or cause the abatement
of any unsanitary or unhealthful condition if not abated by
the owner or occupant within five (3) days.
(d) The city health officer shall have the authority and
power to determine whenever anything or condition is or
becomes a nuisance, as defined in V.T.C.A., Health and Safety
Code 341.011 at seq.
(e) The city health officer is hereby directed and empowered
to abate any nuisance found in the city, by any means
necessary.
(f) It shall be unlawful for any pers maintain any nuisance on premisesownedobythime r~underwhis
care or occupancy after receiving a notice from the city
health officer to abate such nuisnce."
To be able to use this section of the ordinance when we
encounter problems like those found at the Hartfelt Humane
S
definitions for "city health officer", ociety and 2600 Roselawn we would have to provide clear 1
"unhealthful." It would be necessary to specify iwhoyhas the
authority to perform inspections for specific nuisance
violations. We would also have to identify what an
.unsanitary" or "unhealthy" condition is and insure that we
included the accumulation of organic body wastes in the
definition.
In other sections of the ordinance whenever the "city health
officer" is referred to, the duties are assigned to the
Environmental Health Services Manager. One of the duties of
this position is the supervison of animal control. This '
position also oversees the activities of the health inspector
and sanitarians who inspect restaurants, grocery stores, and
day care centers. These people also enforce the smoking
ordinance and the public and semi-public swimming pool
ordinance, both of which are found in Chapter 14 of the Code
of Ordinance.
1
COUNCIL REQUEST NendaNo__Q,~~ _
Page -6- Agenda IIERL 4c;_,!5
717
OPTION Fp~iR ~JC
l'
SHELTER ACT
There is a bill before the State Senate to amend the current
Shelter Act. This amendment, if passed in its current form,
will require all animal shelters to register with the Texas
Department of Health (TDH). The state currently has no way
s in legalestandardsltfor theohumane o trsee that eatment they yanmeet imals, The
Shelter Act, as it is currently written, does not give
adequate enforcement powers to the TDH, even though they are
the regulatory agency for animal shelters. Once all shelters
are registered TDH will be able to advise shelters that need
to improve their facilities and services and will be able to
remove animals that are endangered by inhumane conditions.
This bill has been reported as being "favorable" by the
Senate Intergovernmental Relations Committee and is still
pending. We could choose to wait for the outcome of this
Department amenofdment,
Health which if
authority erequi required to ere the pod Texas
situations such as the one found at the Hartfelt Humane
Society.
=23AFiY
Currently, the City of Denton Animal Control is functioning
as a public health law enforcement agency, responsible for
controlling the adverse effects caused by free roaming and
nuisance animals. We are able to serve the needs of the
ma3ority of the community by focusing on the public health
aspects of animal control. For us to successfully extend our
mission to include animal care and welfare activities we
would need to increase our staff level by one animal control
officer because these type of activities are time consuming
in terms of investigations and legal aspects.
=QMMDA=
We believe Option Three to be the most effective way of
dealing with the situation.
Attechmenta: V.T.C.A., Health and Safety Code 341.011 et seq.
Senate Bill 598: Animal Shelter Act
1
AgendsNo _aL_ '
ltertL~,,~~_
Agenda
Cite
CIT~NCIL_REPORT O a / ~O
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Animal Control Ordinance Options
DATE: May 18, 1993
RECOMMENDATION:
Staff requests direction :rom the city Council.
BACK~D
As the City Council is aware, recent events at the Hartfult Humane
Society have caused much concern by the Denton Humane Society and
other Denton citizens. In response to this, the City Ccuncil
directed staff to enforce all City ordinances and to monitor the
the
progress of the Texas Department of Health's (TDH) enforcement of Ste Animal reviewaof he City's Animal Code and other cities, ordinances,
a
To date, there has been no response to the Mayor's letter (directed
by the City Council) to TDH. The Denton Humane Society gathered
information regarding an adoption that took place on March 20 and
21. Written information and a video tape has been forwarded to
TDH. No response has been received thus far. The adoption did
take place prior to the letter from TDH requiring Hartfelt to cease
operations until the facility met State requirements.
SUMMARyr
Staff has outlined several options for the City council to
consider.
OPTION I
Option I outlines the creation of an animal control Inspection
ordinance. Such an ordinance would authorize animal control
officers to make inspections as part of a permitting process. Most
ordinances of this type in the metroplex tare tied to commercial
animal holding facilities not to residences or
facilities. In addition to an Inspection ordinanceistandards would
also need to be adopted on which inspections would be based.
Option I
Hartfelt, would wnot ouldaddress private holdin It address complaints are received a private residentsiwherecmlat
( g. Roselawn).
State law pre-empts the City from having any ordinance related to
~gandaNo __-2-w5 -l~LY_
Agenda 11"1-4allls- 110
animal cruelty except as already we.~ ~ ~
law ,
class A violations and cannotbeuitlined ssud icttations Municipa4 6)
Court, Any animal care ordinance that addresses anything e ar
l
sanitation or to nitat Public health would require working with the istrict
Attorney's Office for any enforcement or prosecution,
TO-9t costly option as it would re
legal fees to embark on animal welfare as a This is the
quire additional dif staffing and
OPTION IT different mission,
Option IT would regulate the number of dogs a
' option could
enforce even proavcomplae high y controversial v and cats allowed, This
4 and difficult to
be required by the private Staff would in all likelihood
warrant in order to enter homeowner to obtain an Iion
evidence would be needed to the property to invests ate.naEnough
difficult, show probable cause which could
ove
OPTION III prove
Option III would make changes to the existing public health section
of the City Code, The existing
definitions including Health Officer, section
needs more clear definitions could then be used to enforce waste pr ear
a structure ~ unsanitary and unhealthful,
Currentl that is not a facility that is o problems inside
the condition is n taste co lai is are being pen to the public,
to the investigated but Sf
public then thervisible from ubic view or In a facil e is no fur ther course without legaliaction.
Staff feels that this would best address Y open
citizen concerns without
a drastic addition to staffing or reduction in other servicca,
would also continue the current mission of the City's
Control division as a it
public health law enforcement agey,Animal
OPTION IV
Option IV outlines ~
the current a bill before the Texas
actions that cAnial an be htake e ne b Act b Legislature improving
allow y clearly defining enforcement
TDN to remove animals TD The proposed bill would also
conditions. This that are endangered b
Legislature passes this bill ors omepvariationtof it y inhumane
City council taking action. see if the
prior to the
PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDt
Citizens of Denton, Animal '
Facilities, Private Pet FactlitiesContp staff
ercial pet
private pet Owners
FISCAL IMPAM
Option I: Additional Animal
duties of Control Officer to perform new
animal welfare program; legal fees to
prosecute; holding fees for animals held
Control Facility pending outcome of liat Animal
tigation.
Agenda No
Agendalteq___aA.f -V4!~__
ibis . ~.L
Denton County incurred ;39,150 in holding fees
one case in 1991-92. i
Option II: No additional cost.
Option III: No additional cost.
Option IV: No additional cost.
Attached is a comprehensive report from Nonie Kull, Environmental
Health Services Manager, further outlining these options. Included
in this information is a chart indicating the amount of reductions
incurred over the last three fiscal years. Animal Control staffing
has been decreased by two officers since fiscal year 1989-90 and
hours of operation have been reduced from 78 hours per week to
current operation of 53 hours per week. Despite these reductions
in service levels, the request for service have remained at
relatively the same level.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTEDi
4Ciy Her e ll
nager
Prepared by: ,
"
Catherine E, Tuck
Administrative Assistant
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78401 / TELEPHONE (817) 568.8307 1
Office of the Cify manager
MEMOR)1NDilM
i
- T0: Lloyd V. Harrell, City Manager ~i
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FROM: Rick Svehla, Deputy City Manager
DATE: June 10 1993
SUBJECT: 191 Committee Recommendations
Attached is back up information that we gave to the '91 Committee
meeting on Monday, May 17, 1993. As indicated, we had two main
topics to talk about) Teasley Lane landscaping and the reallocation
of funds from completed projects. We were also able to include the
Dallas Drive island that was mentioned to the Council at their May
8th meeting. The 191 Committee thought that it was reasonable to
recommend these projects and the funding allocations from the
existing accounts of excess funds.
As you can see, the funding allocations are basically in three
categories. Signal and turn lane money was proposed to be used for
a pedestrian signal at Wood and McKinney. The Square money which
includes ramps for ADA modifications would be used for
modifications at Cedar and Oak. Finally, street money is proposed
to be used for a number of streets,
i
The Committee and the staff recommends these projects to the
Council. I would be happy to try and answer any questions that
Council might have.
I
Rick Svolita
Deputy City Manager
RS:bw
AMM002CD
Attachment
die +
ClTyofDENTON,TEXAS MUNICIPAL BUILDING / DEN~ON, TEXAS 7620r / 7ELFPNONE(817)SA66307
office of the city manager
MEMOF2AIVDUM
TOi Members of the '91 Committee
FROM: Rick Svehla, Deputy City Manager
DATE1 May 14, 1993
SUBJECTi Meeting to be Held Monday, May 17, 1993, at 6145 p.m. in
the City Manager's Conference Room
Thank you for agreeing to meet on such short notice. We have two
short items for you to consider Monday night.
The first of these is the landscaping on Teasley Lane. We have
been telling you that the road construction will be bid later this
year. We originally thought the landscaping contract would be
completed and bid after the bids were taken for the construction,
We have just recently been notified that the state would like to
move that up. In order for them to do that, they need our
landscaping money when we sign the contract. As the back up from
Frank Robbins indicates, the total cost would be $78,121. The
committee has previously recommended this project. The reason it
is before you is that we have not sold bonds for it at this time.
We do have on hand street bonds that have been sold, and we would
use this money and then replace those funds with the next bond
issue.
The second item is a broader item. As you can see from Jerry's
memo, we are attempting to clean up a lot of small amounts of money
left in specific project funds that have all ready been completed.
These funds would help us complete a park access road in North
Lakes. As you all know, there is major construction going on out
there now. This money would help us complete an access to these f
major ball fields from Bonnie Brae. We would be able to complete
the repaving of Spencer Road from Woodrow Lane all the way to Loop
288 with the help of some additional money from the Utility
Department. We would be able to Install a pedestrian signal on
McKinney Street at Wood Street for the Sullivan Keller Learning
Center and the Phoenix/NICK neighborhood. Also, we would be able to
officially set money aside for the ISTEA participation for this
year and next year. Finally, we would repave a small section of
f i
Agenda No,
DateL 1: V-9
'91 committee
May 14, 1993 3 6 ~
Page 2 `
Hummingbird that was impacted with the oriole construction, and we
would begin to refurbish South bonnie Brae.
r
If any of you have questions before Monday night, please feel free
to call at your convenience. I look forward to seeing you then.
r
i Rick Svehl
Deputy City Manager
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RSrbw
AMM002C3
Attachments
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A0811d81(@RL Gl'~
Da18_
CITY of DENTON, TEXAS MUNICfPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
,
DATES April 26, 1993
TOS Rick Svehla, Deputy City Manager
FROMS Jerry Clark, Director of Engineering & Transportation
SUBJECTS Cleanup of 86 Bond Issue
The following recommandatLons are programs based on need. Needs are determined
mainly from citizen input with some staff participation, Program letters are to
distinguish funds (A,B,C) and numbers 1 - define action items.
A. Fund 434 (440 Acct !'a)
1) Use $12,430 left from Interest money to help build Parks Road for
North Lakes Park access to major field complex off Bonnie Brae
2) Use $2,508 - left from Bonnie Brael $373 from Repave to become part
of Spencer Road Repave - Total $2,861
NOTES Utility Department is funding resurfacing of Spencer from
Power Plant to Woodrow - $19,000. We are trying to got
funds to "match" to complete resurfacing from Power Plant
to Loop 288,
3) Use S1.798 from pedestrian islands at Square to rework concrete
problem and ADA issues at cedar and Oak,
B, Fund 436-0087 (441 Acct /'a)
1) Use $611 and $3,443 from Lillian Miller and Carroll plus $4,489 from
U9 380/Old North Signal (all above traffic improvements) to fund
equipment for unbudgeted signal for pedestrians at McKinney and
Wood. - Total * 58,543
2) Use 530,451 for 93-94 ISTEA participation s
Use 533.380 for 94-95 ISTEA participation
From Collins at ft. Worth signal now state funded
C. Fund 436-6086 (443 Acct I's) No Action
D. Fund 436-0089 (464 Acct !'s)
1) Use 53,604 from Oriole street to repave
Hummingbird from Cardinal to Loop 288 where City had yard during
Oriole s Loma del Rae projects and tore up street
8171566.8200 D/FW METRO 434.2529
y
f
Agenda No
Rick Svehla
I Cleanup of 86 Bond Issue
page 2
I 2) Use $39,057 from Nottingham to do the followings
$290057 - Spencer Rd - Power Plant to LOOP 188
x~$$10,000 - South Bonnie Brae 135E to Willowwood i
o ry a
AEE00239/28-29
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DOCUMENT NUMBERS FOR BOARDS/COMMISSIONS INFORMATION
Work Plan ACC0009D
Attendance Information ACCO0091
Merge List for Oaths ACC00OA4
Oath of office Form ACC00004 - pg. 14
fir;
Name Badges A~ 0855 (B23)
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-Mayor Letter - continuing AAAOOB41 - letter
AAA00B46 - variables
'Mayor Letter - retiring AAAOOB28 - letter
AAA00D2A - variables
.Mayor Letter - new AAAOUB43 letter
AAAOCB44 - variables
~4Mailing labels for invitations AAAOOAFC
~ Invitation AAAOOAAA
:Brochure AAAOOB40
Program AAAOOA9F
Misc Memo document ACC0009F
I
VodaNo
ApeldOerrL77
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T0: 91 Committee
FROM: Frank Robbins, Executive Director of
Development Planning and
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SUBJECTI Teasley Lane (FM 2181) Landscaping
~ ~ ~COHMENDATION~
Staff requests that the 91 Committee recommend to the City
Council that $78,121 of existing, sold bonds on
allo:ated for Ft. Worth Drive be reallocated for TeasleynLane
landscaping cost sharing with Texas Department of Transporta-
tion.
Bonds will be sold at a later date for Ft, Worth Drive,
IMAM
The project is located in the future median of Teasley Lane,
between Interstate 35 and Bent Oak Drive (Attachment 1). This
coincides with planned reconstruction of Teasley Lane by the
Texas Department of Transportation (TxDOT) which is scheduled
for letting in October, 1993.
A cost sharing agreement is needed prior to state letting of
contracts. Before the City can approve the agreement, it must
have "cash on hand") therefore, the request to reallocate sold
bond funds. Teasley Lane improvements were approved by the
voters in the 1966 bond election.
The total cost of the landscaping project is $248,531.001 to be
divided between TxDOT and the City of Denton. The actual cost
breakdown is as close to 50t-50t as possible, allowing for our
application under the 1992-1993 Landscape Cost sharing Pro ram
of TxDOT, As shown by Attachment 3, our proposal was prelimi-
narily accepted on March 29, 1993.
Portions of the city share will be accomplished by "in-kind"
s
ervices or "in-house", The Water/Wastewater Department will
do the
Departme ntrrhigation
d ned the eland cape Pde ii ng and Development
Plan"). The trees will be planted by the Parke ("Project Desin
and R creation
Department, and PARD will maintain the project.
ApendaNo
Agenda I
A
Teasley Lane Landscaping
April 30, 1993
Page 2
City "cash" contributions is $78,121, proposed to be paid by
sold bonds.
BACKOROUNDI
The original application to TxDOT was initiated on February 2,
1990. Since that time, it has undergone review and modifica-
tion.
Council approved the sharing of the cost essentially shown in
the agreement on February 11, 1992.
According to the draft agreement being considered, TxDOT will
i be responsible for funding in the amount of $123,000.00. The
City of Denton will be responsible for $115,531.00.
The city's portion is compromised of $47,306 for the irrigation
system, $17,340 for the landscape design, $30,815 for the
trees, and $300070 for maintenance for 24 months. TxDOV s
share will provide for the colored-textured concrete, grass,
ground cover plants, bedding plants, PVC irrigation "sleeves",
contract administration, and traffic barricading.
kROGRA_K8• DIPIIRTKEKTB 09 GROUPS AFFECTIDt
The project affects many City of Denton departments and
continues the CityPs overall beautification efforts, begun with
landscaping the University Drive median.
I
This project is part of the approved C.I.P@ It reflects the
actual cash outlay required, and excludes "in-kind" services.
Respactfully submitted:
I~
k ra ob ins, -Executive Director
Planning and Development
Agenda No
Agend+alferrt__1G~~,~S i
Teasley Lane Landscaping I~te__ lam. L~
Pa
April 30, 1993
Pa e 3
Frank H. Robbins, AFCP
Executive Director
Planning and Development
i
ATTACHMENTS:
1. Location map.
2. Letter from TxDOT.
3. TxDOT instruction letter.
3. Chart of finan7lal apportionment.
LJ
uaoo~st
FORRE LF;!CE
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Fu1 U,^4#ATTACHMENT 2 Fug
C.~ 4-/6 o a 9 .
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AoerdaNu
Agenda Item__ "c! S 0 . -
k - y a , i
I` THE STATE OF TEXAS S
S
COUNTY OF TRAVIS S
THIS AGREEMENT is made by and between the State of Texas,
k acting by and through the Texas Department of Transportation,
I hereinafter called the "State", and the City of Denton, acting
through its duly authorized officials, a.s evidenced by Resolution
or ordinance Number , dated
hereinafter called the "City".
M I T N 8 A 0 a T 8
WHEREAS, the State owns and maintains a system of highways,
4 including FM 2182 in Denton County, Texas for public use and
benefit/ and
I
WHEREAS, the City has requested State participation in a
29 3p91 Lapdscapesoat Sharing project on FM 2181 from
Interstate Highway 35 to Sent Oak Drive, hereinafter called the
"Project", and as shown on the attached EXHIBIT Af and
WHEREAS, the City has committed to cooperating with the
State by providing a total non-cash contribution of $225,531.00
toward the completion of the Project, which sum represents the
agreed, fair-market non-cash value for providing the Project
Design Plan, furnishing and installing the irrigation system,
'F furnishing and installing trees, and for performing Project
maintenance and establishment activities for a minimum period of
twenty-four months; and
WHEREAS, Texas Transportation Commi.taion Minute Order
dated , attached hereto and labeled EXHIBIT
g authorizes the State to cooperate with the City in the
development of the Project by providing State funds which will be
used to execute a construction contract to furnish and install
the colored-texturizad concrete, turf, groundcover, bedding
plants, and the PVC conduits for the irrigation system.
NOW THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto be by them
respectively kept and performed as hereinafter set forth, the
state and the City do mutually agree as follows:
II
{
I Lm I CAL
Agenda No
Agendaltem_.,C~~
Cate A0R28M2NT
ARTICLE 1. Term of Agreement. j
This Agreement becomes effective when finally executed '
and shall
upon satisfactory
project Design Plan
and as stipulated within this Agreement, unless otherwise i
terminated provided hereinafter.
ARTICLE 2. Project Design Plan.
The City shall prepare and furnish the Project Design Plan.
The Project Design Plan shall contain plans, speoifications, and
estimates, as required by the State to execute a contract through
the Departmentts state-wide construction system. The Project
Design Plan shall be incorporated into this Agreement by
reference.
ARTICLE 3. Project Funding.
i
The total estimated cost of the Project is $248,531,00, and
shall be funded jointly by the State and the City. State funds
in an amount estimated not to exceed $123,000.00 will be utilized
to provide for the installation of the Project through a
construction contract or contracts administered by the State. The
City's total contribution of $125,531.00 represents the agreed,
fair-rarket, non-cash values of $17,340.00 for furnishing the
Project Design Plan, $47,306.00 for furnishing and installing the
irrigation system, $30,815.00 for furnishing and installing the
establishment0activitiesrforoaiminimum°ofctwenty-four maintenance
months.
ARTICLE 4. Responsibility of the Parties. {i
A. The City agrees to:
1. indemnity and save harmless the State, its agents
and employees, from all suits, actions or claims
and from all liability and damages for any and all
riesbuttiorngdaina, adloiningtor ned other propertyoin or by
consequence of any neglect in the performance,
failure of performance of the City, its agents and
employees under this Agreament, to the extent
allowed by State Law.
Page 2 of 7
Draft, D-18L, 3126/41
r
~',genda No
AgendaiterR, Lc-S "0-6- 1
z• IndeMnif
Y. defend and hold thPIt-
any and all claims and lawsuits na Ta harmless
arising from, or inc ! third
failing of incident to the ertormaParties
emplo ees performance of the Cityn,:e, or
or agents under
extent allowed b this k re its °t the i
defend all su its by state Law, The City nt to the
lawsuits ,nd a all brought upon all such shall I
c;s and
thereto, but the State Shall and expensesoinaim
its option and a shall have the ri dental
defense of an xpense, to participate intt at
any obligation hereunderhout relievin t he j
g he City of
3. Furnish the Project Design plan
Specifications for the con and
contract, struction phase
of the
44 Furnish all materials
required to install ' labor and incidentals
trees and to the irrigation system
establishmentperform landscape maintena and the
four consacutivctlvities for nce and
of the construction nton, cl l minimum of twenty-
following the completion ~
5, Replace plant material as may
required la insure the y be reasonably '
Intended during the tweproject funotlons as
establishment period, y"four month
6• Furnish, erect and maintain any
and traffic handliof g devices barricades
the latest Manual , in accordance wita
with
Devices, and to the satiatction f of c the Control
may ellln re~upublico a
Stae, as
travgl fI
i
wil~ect the safety of the
project under this a portorming any work on the
e• greement.
The State agrees to;
i• Obligate State
which Will be gtiillzeintthe mo t 1
contract which will Of S123,DOO.00
Installation oolorad.tor e the a construction
turf, furnishing and III
turf, ground of cover, the bedd;n texturized concrete, i
conduits for the irrigation elahto, and the PVC
ystem,
2• schedule the
Installation
first available constructiof the Project for
acceptable to the state lett;n the
final option of and the City mutually
the state, Y, but at the
34 Administer the Contract during construction,
Page 3 of 7 J
Draft, D_18L, 3/26/93
~i
Var'Mo
4. age"~a'!em lL;s
Cooperate with the City ate _lc - r~
for barricades, signs a to determine
to be used b and traffic handlinirements
the trees and the City during the 9' devices
Project.
the irrigation systemnforltlotion of
ARTICLE 5, overruns/Underruns.
bids The receiv-Sta.. _ .ta„r will make recommendation of award for the bid or
the installation of the pro
1• Zt the lowest bi ject as follower
State, at its d or bids gds 3123 con nw
Cit sole option, may reject to a'~ the
the y to revi
to insure that a se vail the able funds proect ass ign Plan as request
reach edule the Project necessary
construction a for the next ex seeded, and
available
2. If the lowest bid or bids
the State will recommend
State will not schedule anward of the bid
-Or' Project to insure Y additional wo bids, The
obligated for t that the amount of S rk on the
the Sated s sot the oProject I. full tote funds
of pinlon, it is Y expended unless, in
ere
p additional work will that the
interest o ill b
performed b the Project.
AnY additionein the best
with existing try state, will be 1 work, if
additional wr
k orders gulrs and performed in accordance
and/or fielddchangesrelating to
an.
ARTICLE 6. Disputes,
this Agreemento thesStat6jsadeoteioe partY'e ubligationa
ARTICLE 7. Amendment8 n shall be final and bindnder
ing.
,
Changes !n time
frame
shall be enacted by # character
Agreement must be xeouttenamendment- C All or obligations herein
Period specified by both Parties within to this
in Article 1, in the contract ,
Page 4 of 7
Draft, t;-19L, 3/26/93
Oj
qeno'AND
Agendalemx~L `
ARTICLE 8. successors and Assigns.
The State and the City shall not assign or otherwise
1
transfer its rights and obligations under this Agreement except
with prior written consent of the other party, and any prohibited
assignment or transfer shall be null and void.
ARTICLE 9. Remedies.
Violation or breach of contract terms by the City shall be
grounds for termination of the Agreement, and any increased cost
arising from the City's default, breach of contract or violation
of terms shall be paid by the City. This Agreement shall not be
considered as speoifying the exclusive remedy for any default,
but all remedies existing at law and in equity may be availed of
by either party and shall be cumulative.
ARTICLE lo. Insurance.
At the time of execution (signature) of the Agreement by the
City, the City shall attach required insurance documentation to
each Agreement counterpart.
It the City is a self-insured entity and performs any work
on the Project with City Forces, the City shall extend the
protection of its self-insurance to the State for any and all
damages and injuries arising from the City's performance 'ender
this Agreement.
It the City is not 6 self-insured entity and performs any
work on the Project with City Forces, the City shall furnish the
State with a completed Certificate of Insurance (TXDOT Form
20.102)0 and label such documentation EX IBIT C.
I
If the City performs any work on the Project through a
contractor or contractors selected through the City's low-bid
procedure, the City shall require its contractor or contractors
to furnish the State with a completed Certificate of Insurance,
(TXDOT Form 20.102), and shall insure the contractor or
contractors maintain such insurance during the term of the
Agreement.
Page 3 of 7
Draft, D-18L, 3/26/97
V
ARTICLE 11. Gratuities. AOentlaftemr~L~.`z_`~S _
Texas Transportation Commisalon
employees of the Department shall po
accept a licy mandates that
or favors from any person doin not business
speaking may do business with theuStateuor whoyreasonably gifts
onl at exceptions allowed are ordinariness this contract,
th
have received advanced written a ilunches and
on pprova2 of itemshe
doing Department business Transportati
with or who n Executive Director .thgny Per
with the State under this contract reasonably speaking Y person
mentions, gifts or favors to De art not make ydoffer lofss
mentioned hereaUove. Failure onatheental em to a
to this Policy part ott Peesp, except as
may result 1. the termination the City to adhere
ARTICLE 12, this contract.
Termination.
This Agreement may be terminated b
oonditionss by any of the
following
A, BY mutual agreement and consent Of both parties.
B• BY either party upon thirty days written notice to the
other party.
C. By either party, upon the failure of the other
fulfill its obligations as set forth in this A
party to
D• BY satisfactory completion of Agreement.
Obligations described herein. all services and
hereaMouldtt a city terminate this Aqq
any rea
bove, sonable city shall, at the optiOneof ntheaStateescr
y the state.
reimburse
REMAINDER op PAGE LEFT gLANK
1
Page 6 of 7
Draft, D-18L, 3/26/93 1
ANendaNo
Ageodalteai_ ~~'S
D18 V5
%%J:cy /9
IN TESTIMONY WHEREOF, the State and the City have executed duplicate
counterparts to effectuate this Agreement.
THE CITY OF D£NTON THE STATE OF TEXAS
certified as being executed for
the purpose and effect of
Byi activating and/or carrying out
(S gnaUN the orders, established policies
or work programs heretofore
approved and authorized by the
Texas Transportation commission
(Typed Name and TIM)
Dates
~ gy;
Roger a Welsch, P.E.
Associate Executive Director,
Field Operations
Dates
Page 7 of 7
Draft, 0-18L, 3/26/93
- A&da No 'C~a - d,' f
ATTACHMENT 3 Agenda ilefll,
Texas Department of Date
DEWITT C GRFFfT STATE HIGHWAY 9lW Transportation @125E 11TH SiREFT.AltSTW TEXAS 76701-24a38{51Z)463W
March 29, 1993
1992-1993 Landscape Cost Sharin
The City of Denton 9 Program
Mr. G. Owen Yost, ASLA
The City of Denton
E ! 215 E. McKinney Street
I Denton, Texas 76201
Dear Mr. Yost:
We have reviewed
We ha your proposal for work under the Landscape
S
executi hari goPronram and feel the project rwould be acce f Cost
Accordingly, we have g to Highways for
proposal which will govern a draft greealent based projects,
work on this ect
granted by our Texas Transportation Commission. If a Pon your
approval Is
As you will note, the Agreement reflects the specific responsi-
bilities of each party, and includes required contract
which must be included within each Cost Sharing Program Agree-
ment. provisions
!3e mL1st have o ~r o
satisfactory before we min wri { that the Agreement is
formal approval. The folresent lowin the project
eg our Commission for
Commission meetings are furnished eforin
your Informnformationcominq
TO PRESENT PROJECT WRITTEN ACCEPTANCE MUST
TO COMMISS ON ON ~~~IVED O +
May 25, -~_LbT~~L
June 29 1993 April 27
1993 June 1 1993
T ~
July 29, 1993 r 1993
July The attached Agreement is for our 1, 1993
no signature is requested at this timeew and
written notification that the Agreement is satisfactor 1 and
after the Commission has approved the project we y, and
counterparts for final,signaturetransmft
An FQ w/ Opporfun! y Employer
Age4ahenL___u v` `5
Mr. G. Owen Yost _ 2
4 0 7
We look forward to working with you toward the successful
authorization and completion of this project. Please contact
Messrs. Mark Mathews or Mike Jenkins, Landscape Architects, at
(512}416-3082 if you have any questions.
Sincerely
r
I
I
Craig A. Ste fens
Chief Landscape Architect
Landscape Section
Division of maintenance and operations
MSM .
Attachment
cc: Mr. Pat Haigh, Dallas District Office
i
ATTACHMENT 4 49entiaNe'
Agendaltera
Date 9-*3
Item: TxD City of Denton
irrigation $47,306 •
design $17.340
trees $30,815 •
maintenance 530,070
tex. concrete Fair Market Value
grass Fair Market Value
ground cover Fair Market Value
PVC sleeves Fair Market Value
I
contract admin. Fair Market Value
I
barricading Fair Market Value
$1239000 $125,531
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MINUTES
ago
CITY OF DENTON CITY COUVCIL
MAY 4, 1993
The Council convened into the Work Session of the City of Denton
City Council on Tuesday, May 4, 1993.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
PBSENT: None
i
5:15 p.m.
1• The Council convened into the Executive Session to discuss the
following:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
i
1. Considered action in Hunter v. City of Denton.
IE J R. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
2. The Counci.. received a report and held a discussion regarding
the Human Services Committee recommendations for 1993-94 agency
funding and gave staff direction.
City Manager Harrell reviewed the procedure dealing with the
recommendations from the Human Services Committee regarding funding
for next year. Council received the information from the Committee
and then discussed that information during budget discussions, one
of the major budget issues would be the level of funding for the
agencies. If the Councilts level of funding was different from the
recommendation of the Human Services Committee, the recommendation
would be returned to the Committee for amendment.
Dorothy Damico, Chair-Human Services Committee, stated that the
Committee's recommendation for funding first looked at funding
which dealt with the Block Grant money. The CDBG Committee
allocated to the Human Services Committee $100,000 which was to be
used for the low income populations. The Committee recommended
that three allocations go the City's Parks and Recreation
Department for their activities. one was an After School Action
Site Program at the Martin Luther King, Jr. Center, another was a
summer program at the Fred Moore Park and the third was a summer
program in the Oswley area. The other three recommendations for
CDBG services was for a program which involved outside agencies
such as the YMCA and Camp Fire. The money would go for fees,
supplies, and administrative fees so that the children in the area
could participate in the programs. Another allocation from the
CDBG money was for AIDSDenton which provided support services for
City of Denton City Council Minutes
May 4, 1993
Page 2
v
Individuals with AIDS. The last recommendation for CDBG money
usage was for the North Texas Community Clinic which provided
prenatal and pediatric care for low income individuals.
Council Member Miller asked if it had been discussed with TWU Cares
that the
proposal indicated that they would
funding this year. not be receiving any
.
Damico replied that it had not been discussed with them once the
decision had been made. Questions had been raised during their
presentation to the Committee.
Council Member Miller asked if they agreed with the decision.
Damico replied probably not as they would not be receiving any new
money for the next year.
Barbara Ross, Community Development Administrator, stated that they
had discussed with TWU Cares about their expenditure of funds and
their slow draw down of past funding during the year.
Council Member Miller asked if it would handicap the program if it
received no new funds.
Damico stated that part of the program was to expand services and
if the program did not receive any new funds, it probably would not
be able to do that expansion.
Ross stated that the program had a balance of $21,000 plus a small
balance from the prior year's contract which had not yet been
spent. It was felt that not funding them for the next year would
not adversely affect their program.
Damico stated that they had sufficient funds to maintain the same
level of service but probably would not be able to expand.
Council Member Smith stated that she had a concern regarding the
administration of the AIDSDenton program and asked where they
obtained the bulk of their money.
had
Damico replied that it was a national organization and that they the admistration of Directorsista ed that the problem would h be program. Board of
Council Member Brock questioned if a message might be sent to
agencies that they would not be funded if they did not spend their
funds immediately if TWU Cares were not funded for the next year.
I
AjrEruaItem_ _
City of Denton City Council Minutes
May 4, 1993
Page C
Damico replied that they had not received any negative comments
from the Committee regarding TWU Cares. Comments from the
Committee centered on the fact that the program did not need money
this year as much as other organizations did. Damico continued
with the Human Services recommendations, She stated that these
recommendations were very difficult to make as there were more
requests than money available for distribution. The
recommendations included: (1) Community Food Room, (2) Denton
County-City Day Nursery and the Fred Moore Child Care Center, (3)
Friends of the Family, (4) RSVP, (5) SPAN, (6) HOPE, and (7) the
DISD TRIPS program.
Mayor Castleberry asked where the DISD program received their money
previously.
Damico replied that money was received from various grants but not
from the DISD.
Mayor Castleberry asked if the grants were not available now.
Damico replied that the grant was a start up grant and was no
longer available.
Council Member Miller asked about the transitional housing for the
HOPE program.
Damico stated that the program was originally a pilot program but
l\... /1 now was a full program. Money had been received from the federal
government for the program which took families who were likely to
become homeless and assisted them in finding jobs and dealing with
everyday situations.
Council Member Brock asked if there were any agencies which had
been funded in the past which were not recommended for future
funding.
Damico stated no but that there had been several agencies which had
requested funding for several years.
Ross replied that the Police Athletic League had received prior
funding but was not recommended for the next year.
3. The council received a report and held a discussion the community Development Block Grant Committee recommendations dfor
use of 1993 program year funding and gave staff direction.
r.rardah;o
City of Denton city council Minutes
May 4, 1993
Page 4
I
Curtis Ramsey, Chair-Community Development Block Grant Committee,
reviewed the federal guidelines for community block grant money.
There were several categories in which federal funding could be
~i
expended. Over the last several the comm had
prioritized those categories. Housing rehabi~lit tion wasitheefirst
priority of concern, demolition and clearing activities was second,
public facilities and improvements was third and economic
activities was fourth. Funding was being proposed to purchase
property in the Oswley area for a park. Two public hearings were
held regarding the proposal.
Council Member chew asked where the property was located.
Ramsey replied Stella and Avenue G.
Council Member Brock asked for the total area of the property.
Ramsey replied it was approximately one acre. There was also a
proposal for playground equipment at the Martin Luther King, Jr.
Recreation Center.
Council Member Brock asked if any coordinating had been done with
the DISD regarding the type of equipment which would be at the MLK
Center.
Ramsey replied that he was not aware of any such coordination. He
indicated that funds were also proposed for Mack Park to replace
the metal playground equipment with more suitable types of
materials. Other recommendations included community sidewalk repair
such as the Morse Street sidewalks, sidewalks at the Fred Moore
Park and in the areas of Evers Park School and the recommendations
as presented by the Human Services Committee.
Council Member Chew asked how many employees were in the
administrative office.
Barbara Ross, Community Development Administrator, stated that
there were five employees in the office. The Administrator, the
Housing Rehabilitation Specialist, a secretary, an administrative
assistant and a housing inspector.
4. The Council received a report and held a discussion regarding
TMPA's debt restructuring and refinancing program and gave staff
direction.
W- --Wqqw
City of Denton City council minutes
May 4, 1993
Page 5
Lloyd Harrell, City Manager, stated that there would be a special
meeting of TMPA on Thursday to make a decision concerning the
refunding issues. The varioce alternatives would be discussed with
Council and administrative recommendations with rationale. The
most important item was that the Council communicate to the city's
Board Members so that they knew how the Council felt on the issue.
Bob Nelson, Executive Director for utilities, stated that TMPA owed
approximately $1.2 billion on the Gibbons Creek Power Plant. Over
the years as the project had been financed and refinanced and
refunded, there had been tremendous pressure to hold rates down as
low as possible. TMPA structured the debt so that the city was
kept in a bind paying their rates and still trying to be
competitive with its own rates. Denton was currently competitive
with other cities and entities in the area. Nelson presented
several refunding concepts. The restructuring needed to be done
before July 1, 1993.
City Manager Harrell stated that there was complete consensus that
even if the debt were not extended past the year 2014, there needed
to be some restructuring. If restructuring was not done, there
would be a large increase in payment which would cause many
problems.
Nelson stated that Denton had looked at its own rates and some of
the reserves and determined that it would take approximately a 38
increase per year to reach the 2004 time frame suggested. Some of
the cities believed that a power plant should be paid off within 35
years when it started to depreciate. Some of the other cities
wanted to hold the cost down and extend the years as much as
possible. There was a 20141 2016, 20191 2021, and 2024 year plan
for debt service. Under the shorter payout, where some of the debt
service was repaid earlier, the rate increased between now and the
year 2005 and then leveled out. That rate increase averaged
approximately 4.68 for TMPA's wholesale rates. The other scenario
represented 2 3148 per year. Related to Denton's rates because
TMPA was approximately 608 of Denton's costs, it would represent a
rate increase of approximately 2- 2 3/48 per year for a faster
payoff. For a slower payoff, the rate would be approximately 1
1/28 per year to take care of the TMPA debt.
Jerry Cott asked the reason for the restructuring.
Nelson replied that it was an attempt to solve the strong pike in
future years. He presented a comparison of the proposed TMPA
refunding options. He stated that with Plan 3, which extended the
debt for 3 more years, there would be a total of $400 million in
City of Denton City Council Minutes
May 4, 1993
Page 6
i
additional payments.
Council Member Miller asked why there was a drop in the last year
payoff for the option of year 2016.
r
Nelson replied that it was the last year payoff. Two of the TMPA
cities wanted to extend the payoff years while two of the cities
did not.
Cott asked if all bonds were AA or AA+.
Nelson replied that he was not sure that all the bonds were AA. In
the 2016 and in the 2019 year scenario, the actual end cash was
approximately $8.6 million.
Tom Harpool, TMPA Board of Directors - Denton Representative,
stated that the restructuring could not be attempted if the rates
were not as low as they were.
City Manager Harrell stated that staff was requesting direction
from Council regarding the issue, one philosophical viewpoint was I
to refund but to keep the time frame as short as possible so that
the total cost did not increase. Restructure the debt but hold the
front end costs as low as possible.
Jim Harder, Director of Electric Utilities, stated that if the debt II
were stretched out to future years, the Gibbons Creek Plant would
be older and more money would have to be spent for maintenance on
the plant. If the debt structure were pushed out to later ears,
{
it would be compounding the debt service plus the maintenance
costs.
Nelson stated that he was concerned with the changing technology in
the field. If the debt on the plant was not paid off, it would be
difficult to update it with new technology. The old coal plants
were becoming outdated and if the plant were not fully paid in a
timely manner, the funds would not be available to update the plant
with new technology,
Cott suggested that the ratepayers be aware of what was being done.
Harpool stated that with the interest rates going down, it was
possible to pay off the debt sooner with less money if the
restructuring were not done beyond the year 2014 or 2016. If the
restructuring were done beyond the year 2014 or 2016, the debt
structure guarantees of the cities continued to be tied down.
I
~,F
City of Denton City Council Minutes •i~
May 4, 1993
Page 7
Council Member Perry asked if a letter from the City Council would
bolster the City's position to maintain the lowest possible
alternative for restructuring.
Harpool replied that as long as the City's Board representatives
were on track with the feelings of the Council, a letter probably
was not necessary.
City Manager Harrell stated that the City's other Board member, Ray
Stephens, was also aware the council's position of keeping the
restructuring in the lowest possible years.
i
In a related issue, Nelson stated that a study had recently been
completed regarding the rate methodology of TMPA. The Planning and
Operating Committee would be recommending to the TMPA Board to fix
the percentages at 47% for Garland, 22% for Denton and Bryan and 9%
for Greenville.
Consensus of council in regards to the restructuring was to stay
with the 2016 year alternative if possible and if a compromise were
needed to not extend the debt any further out than necessary.
5. The Council received a report and held a discussion regarding
a proposed ordinance amending the loading zone ordinance and gave
staff direction.
Due to a time constraint, this item would be considered at the May
110 1993 meeting.
6. The Council received a report and held a discussion regarding
a proposed Juvenile Diversion Task Force and gave staff direction.
Due to a time constraint, this item would be considered at the May
11, 1993 meeting.
The Council convened into the Regular Session at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
ABSENT: Mayor Pro Tom Hopkins and Council Member Smith
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
City of Denton City
May 4, 1993 Council Minutes
Page 8
Mayor Pro Tem Hopkins and Council Member Smith joined the meeting.
The Mayor presented the following proclamations:
Drinking Water Week
Historic Preservation Week
2. Citizen Reports
I
A. The Council received a citizen report from Dessie Goodson
regarding the Hartfelt Humane Society and Dentonfs animal control
ordinance.
Ms. Goodson stated that she had a number of complaints to address
to the Council. she asked Council if they were aware that Animal
Control did not do a proper job regarding stray cats. She knew of
four contradicting versions regarding stray cats and doge
especially cats. Animal Control expected the citizens of Denton to
toa do a $ She deskedposit for
council iftstheydweree aware h of were
of suppose the
complaints received against Hartfelt Humane Society two years ago
and how slowly the Council responded to those allegations. Was the
Council aware that Denton's Beautification Act applied only to
certain areas of Denton. There could be some clean decent streets
and homes if the Act were applied to all areas of Denton especially
to oak and Fry. She asked the Council if they were aware that they
received complaints, suggestions regarding issues and how slowly
they responded to those issues. She asked the Council if they were
aware of the low attendance to the City Council meetings. Reaction
s
he received was "it was a waste of time", "it was a big joke", and She asked the
"if an
Counciliifutheyswenot re regarding tfive.phone calls and
that she received five different answers in order to be placed on
the agenda to speak to Council. She asked Council if they were
aware that at the last meeting it took over 30 minutes to explain
the EPA issue to one councilwoman after it had been discussed and
explained several times. she asked Council if they were aware that
some citizens had no knowledge of who their Council Member was nor
a knowledge of what district they were in until election time. She
asked Council if they were aware that there was an estimated
population of 66,000 and an estimated force of 100 police officers.
On duty each shift were six officers which averaged out to one
officer per 11,000 to protect the citizens of Denton. This was an
obligation of great importance and she believed that the whole
community would like an explanation from the City Manager why the
citizens were not protected better than this. She asked the
Council if they were aware of the convenience and what it meant to
~I
City of Denton City Council Minutes /
May 4, 1993
Page 9
the citizens of Denton to have the SPAN trolley service. With the
expansion to Saturdays, the new routes and changes on the other
routes, this service greatly helped the needs of citizens. If it
were not for the kind, considerate and respectful drivers, some of
the citizens would not make it to their destinations considering
- Traffic control's problems with placement of the new trolley signs.
Examples of misplaced signs included Scripture and Fry, Elm and
College, Denton Center, and the Post Office. New trolley signs
were needed at Scripture and Ponder, Tie's, Denton Ministries, and
Denton Center in the correct place. The brown trolley had to make
a u-turn on Dallas Drive and she questioned why the trolley could
not go over to the service road. She felt this was Traffic
Control's problem with the placement of the signs. She provided a
map to the Council regarding SPAN routes. She demanded something
be done regarding the issues she raised.
Mayor Castleberry stated that the Coun-il appreciated the issues
and that she would be receiving a reply regarding them.
3, Consent Agenda
Mayor Castleberry indicated that Item 03.A.1. was pulled from
consideration.
Perry motioned, Chew seconded to approve the consent Agenda with
the exception of Item 13.A.1, on roll vote, Brock "aye", Miller
"aye", Hopkins "aye", Smith "aye", Chew "aye'.', Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase Orders:
2• Bid 11491 - Demolition and Clearing work
4. ordinances
competitiveh bids Counciand cproviding for tthe oaward rof n contracts tfor
public worts or improvements. (3.A.2. - Bid 01491)
The following ordinance was considered: '
i
I
I
City of Denton city council Minutes
May 4, 1993
Page 10 G
N0. 93-071
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye's. Motion carried
unanimously.
B. The Council considered adoption of an ordinance
authorizing the city Manager to execute all documents and
agreements, as required, to obtain funding for the Summer Food
Service Program; authorizing the expenditure of funds and
administer the program.
Alicia Mentel, Superintendent of Leisure Services, stated that this
was a continuation of a program which was started last year. The
program was very successful and would be a continuation of the free
lunches provided during the school year. Over 14,000 lunches were
served last year to approximately 600 children at six sites. The
service would be extended to two more sites this summer at the
request of the TWU Cares Center and the Oswley Neighborhood
Coalition. The item would be on the DISD agenda May 11, 1993 as
the DISD would continue to
last year. Provide the food service as was done
Council Member Brock asked if there was any question that the grant
would be awarded.
Mentel stated that the award was automatic and had been in
existence since 1960 and there never had been a time when it had
been denied. She anticipated no problem in getting the program
fully funded and no problem with the DISD providing the food
service.
The following ordinance was considered:
NO. 93-072
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS
REQUIRED, TO OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE
PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS AND ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
c:
City of Denton City Council Minutes `
May 4, 1993
Page 11
Perry motioned, Chew seconded to adopt the ordinance. on roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance amending
Ordinance 90-026 relating to rules of procedure for the City
Council of Denton, Texas by adding to Section 8 entitled "Creation
of Committees, Boards and Commissions" a Subsection 8.3 providing
guidelines for nominating citizens.
i
Catherine Tuck, Administrative Assistant, stated that this
ordinance would amend the rules and procedures of the Council as
discussed at an earlier work session. The policy wording had been
changed according to Council's direction. At the next meeting the
Council would draw lots to begin the numbering process. Two ads
had already been placed in the paper with a good response and there
had been many responses for reappointment.
Council Member Miller requested a copy of the letter rent out to
citizens, a copy of the newspaper ad and a copy of the application
form.
Lloyd Harrell, City Manager, stated that Tuesday, May 25, 1993 was
the tentative date set for the briefing at the Visual Arts Center.
The time for the briefing was 7:00 p.m. and asked if that was an
acceptable date for Council.
The following ordinance was considered:
NO. 93-073
AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES
OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS BY ADDING
TO SECTION 8 ENTITLED "CREATION OF COMMITTEES, BOARDS AND
COMMISSIONS" A SUBSECTION 8.3 PROVIDING GUIDELINES FOR
NOMINATING CITIZENS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye,', Hopkins "aye", Smith "aye',, Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
y
dn~d'E9Frt ~J'~S
City of Denton City Council Minutes
May 4, 1993 U
Page 12
D. The Council considered adoption of an ordinance amending
the 1992-93 Budget of the City of Denton, Texas by appropriating
the sum of eleven thousand four hundred and eighty dollars
($11,481) from the unappropriated balance of the general fund and
dispersing it among account numbers 100-011-0005-8026 ($4,043),
f 100-040-0026-8022 ($2,438), 100-040-0026-9102) ($500), 100-040-
0026-9103 ($3,500), and 100-070-0040-8042 ($1,000) ; and providing
for publication hereof.
Lloyd Harrell, City Manager, stated that this item had been
discusoed at the Council's last work session. The budget amendment
dealt with funding for revised c:onrt procedures.
Council Member Brock asked about the status of the fund balance
compared to projections.
City Manager Harrell replied that the year was very good from both
the revenue standpoint and expenditure standpoint. In the revenue
category, especially in the sale tax account, Municipal Court fines
were up substantially from budget projections. In addition, the
City would receive a one time Peterbilt settlement from its
property tax account. There were no major problem areas as of yet
` and the City seemed to be in the midst of a good financial year.
Harlan Jefferson, Director of Treasury operations, stated that he
did not have a specific dollar amount with him but it was in a
positive position so far this year.
Council Member Brock questioned if this proposed amendment to the
budget would have any negative effects.
Jefferson replied that it should not have any adverse impact on the
fund balance.
City Manager Harrell stated that the Council started every year
with a policy decision to keep a certain amount in unrestricted
fund balance which was at the 104 level. That money was for
unexpected expenditures which might arise during the year.
Council Member Miller asked when the new court processes would be
implemented.
I~ Jefferson replied that the court would begin immediately to work on
the backlog of cases from the Police Department. The Legal
Department would sort the cases to determine which ones to begin
prosecution.
W_ 7
City of Denton City Council Minutes 12 L>
May 4, 1993
Page 13
Council Member Smith asked if there would be adequate staffing
starting immediately.
Jefferson replied that by the time adequate staffing was in plak-,
they would be prepared to begin holding the hearing of the cases.
The following ordinance was considered:
I
No. 93-074
14
AN ORDINANCE AMENDING THE 1992-93 BUDGET OF THE CITY OF
DENTON, TEXAS BY APPROPRIATING THE SUM OF ELEVEN THOUSAND FOUR
HUNDRED AND EIGHTY-ONE DOLLARS ($11,481) FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND DISBURSING IT
TO ACCOUNT NUMBERS 100-011-0005-8026, 100-040-0026-8022, 100-
040-0026-9102, 100-040-0026-9103, AND 100-070-0040-8042;
PROVIDING FOR PUBLICATION HEREOF; AND DECLARING AN EFFECTIVE
DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye',, Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance approving
and authorizing the City Manager to execute a release of all claims
in the matter of a claim against the City of Denton for an
easement.
The following ordinance was considered:
NO. 93-075
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF ALL
CLAIMS IN THE MATTER OF A CLAIM AGAINST THE CITY OF DENTON FOR
AN EASEMENT; AND DECLARING AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Upper Trinity Regional Water District for the
construction of a transmission line from Denton*s existing water
i
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I
City of Denton City Council Minutes
May 4, 1993
Page 14
distribution system to Old Alton Road; and authcrizing the
expenditure of funds in said agreement.
Bob Nelson, Executive Director for Utilities, stated that this was
a contract for participation to install a pipeline to deliver water
in terms of the interim water contract with the Upper Trinity
Regional Water District. There would be a 27" inch water line et
the corner of Lillian Miller and I435. This would transfer to a 20"
line to Ryan Road. Denton would share in the participation at that
juncture. From Ryan Road south to Old Alton to Highland Villago
r the pipeline would belong to Upper Trinity. Denton's share of the
two oversizings was $262,000. The Upper Trinity Regional Wat-rr
District had already received bond money from the State of 'iJl.ts
for that project at 6.13 interest for 30 years which would r3!,ult
in Denton's share of the payments at approximately $19,500 FE::
year. This would provide an opportunity to have large transmission
pipelines in the southern part of the City. When the time came
that the Upper Trinity might not need the 18" portion of the line,
Denton could buy it from them at depreciated values. This was a
good opportunity for Denton with a low cost and solved some
problems in the southern part of the city.
The following ordinance was considered:
NO. 93-076
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO
i EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER
TRINITY REGIONAL WATER DISTRICT OF THE CONSTRUCTION OF A
TRANSMISSION LINE FROM DENTON'S EXISTING WATER DISTRIBUTION
SYSTEM TO OLD ALTON ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS
AS PROVIDED IN SAID AGREEMENP; AND PROVIDING AN EFFECTIVE
DATE.
Hopkins motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance
canvassing the returns and declaring the results of the regular
municipal election held in the City of Denton on May 1, 1993.
Mayor Castleberry stated that each Council Member had received a
copy of the proposed ordinance with the returns inserted. He would
read Section Two of the ordinance detailing the returns.
0
City of Denton City Council Minutes
May 4, 1993
Page 15
The following ordinance was considered:
NO. 93-077
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON
ON MAY 1, 1993.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chow
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Oath of office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administere0 the Oath of office
to Mark Chew - District One, Margaret Smith - District Two, and
Harold Perry - District Three. Following that, she administered
the Oath of Office to Jerry Cott - District Four.
6. Election of a Mayor Pro Tempore.
Council Member Brock nominated Margaret Smith.
Council Member Chew moved that the nominations be closed.
On roll vote for the nomination of Margaret Smith, Brock "aye",
Miller "aye',, Hopkins "aye", Smith "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Chew stated that Ms. Hopkins would be missed and had
been an important part of the Council,
7. The Council considered approval of a resolution of
appreciation for Jane Hopkins,
The following resolution was considereds
NO. RA93-005
RESOLUTION OF APPRECIATION FOR JANE HOPKINS
Chew motioned, Smith seconded to approve the resolution. on roll
vote, Brock "aye", Miller "aye", Cott "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
AgendaI tem__
Date L1 _ .
City of Denton City Council Minutes
May 4, 1993
Page 16
8. Miscellaneous Mainers from the City Manager.
Lloyd Harrell, City manager, presented the following items:
A. Sfalf had received the video tape and other information
from the Denton Humane society and it had been forward to the State
for their review.
i
B. He had received a call from Senator Carriker's office
indicating that House Bill 384 with the Fort Worth amendment was
out of the Senate Finance committee with a "do passe
recommendation. it would now go the Senate for consideration and
once passed, would return to the House. If Representative Campbell
indicated that he would accept the amendment, the House could
repass the bill.
9. There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
10. New Business
There were no items of New Business suggested by council Members
for future agendas.
11. There was no Executive Session held during the Regular
session.
With no further business, the meeting was adjourned at 7:50 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WA RS
CITY SECRETARY +
CITY OF DENTON, TEXAS
ACCOOIOE
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ciryol DENrON, TEXAS MUNICIPAL SUILDINO / DENTON TEXAS 76201 / TELEPHONE (8:7) 588.8307
Office of the C(ty Manager
MMMc1n^NDUM
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TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: May 27, 1993
SUBJECT: Loading Zones
Attached is the now ordinance that was drafted by the Legal
Department that eliminates all references to tho "general Tones-"
If you will note in the memorandum from Ms. Cooper, she has
indicated the wording that was deleted from the original draft
ordinance that was presented to the Council several week3 ago. The
only changes that were made were to Sections 18-100-d and e. If
the Council chooses to add "general zones" back, then wording for
Sections d and e, as indicated in Ms. Cooper's memo, would have to
be inserted.
We have asked Jane Biles, Main Street Coordinator, to advise
everyone on the Square, and we advised the merchants on Avenue A
that have loading zones of the scheduled hearing by the Council.
The new ordinance has been reviewed by Engineering and will
certainly handle the zones as they are being handled now. The only
changes in this new draft would be the size of the zones and the
cost.
If you or the Council has further questions, we will be happy to
try and er them at your convenience.
Rick Svehla
Deputy City Manager
RS:bw
AMM002D6
Attachment
AQe4aItent._-
ShSe .
D OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Rick Svehla, Deputy City Manager 6 Executive
Director for Engineering
FROM: Tanya Cooper, Assistant City Attorney
SUBJECT: Revisions to Loading Zone Ordinance
DATE: May 28, 1993
Pursuant to your request, I have made the following substantive
changes in the loading zone ordinance:
1. All references to a "general" loading zone which were
to provide for the parking of commercial vehicles only and
be installed at no cost to the applicant have been deleted
fro,-4 SAC. 18-100(d) and (e).
2. A provision which requires any personal vehicle to be
lawfully parked within a loading zone to bear a properly
affixed or painted sign or logo located upon the exterior
of the vehicls is included in Sec. 18-100(h)(1).
3. The provisions of Sec. 18-102 which create the offense of
unlawfully parking within a loading zone have been revised to
more clearly define the term "loading zone."
In my review of the ordinance, I also made a few minor editorial
changer which were non-substantive in nature and designed to make
the ordinance easier to read and understand.
Additionally, you requested I provide you with the language which
would be needed to provide for the "general" loading zones. The
following text would be used in the event the council determines to
include provisions for alternative types of loading zones (i.e.
zones for personal and commercial vehicles or commercial vehicles
only):
A loading zone granted pursuant to an application whi(.h
does not request usage for any personal vehicles, as
provided in (b)(6), will be installed without cost to the
applicant. A loading zone granted pursuant to an ap-
plication, including usage for personal vehicles as pro-
vided in (b)(6), shall be installed upon receipt of an
advance payment, as established by the city council and on
file in the office of the city :secretary. (Alternative
provision for Sec. 18-100(d)].
'Dcdicalcd to Quality scrv rn'
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ro«+ 0
Rick Svehla, Deputy City Manager & Executive
Director for Engineering
May 27, 1993 7
Page 2
1
Upon granting the application for a loading zone permitting
the parking of personal vehicles, the permit holder shall
be issued an off W,1 1 numbered decal or device, as deter-
mined by the Citizenu Traffic Safety Support Commission,
which shall be disj.layed on or in a place visible from any
personal vehicle at aft times in order to be legally parked
in the loading zone designated for the applicant,
[Alternative provision for Sec. 18-100(x)].
The revised ordinance is attached with this memorandum. Please let
me know if you have any questions or if I may be of any further
assistance to you in this regard.
i
Tanya A. Cooper
TC:sf
Attachment
po: Lloyd V. Harrell, City Manager (memo only)
APPROVE
Debra A. Dray gi ch r
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II WPMIWON LOU-WM
eobwPdoCs\ord\loedtone,ord
age dagen'` rE ~rlf~
ORDINANCE NO. _ l~ S
AN ORDINANCE AMENDING SECTION 18-100 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON RELATING TO APPLICATIONS FUR LOADING ZONESt PRO-
VIDING FOR PARKING OF CERTAIN AUTHORIZED VEHICLES WITHIN LOADING
ZONES? AMENDING SECTION 18-101 PROVIDING FOR THE MARKING OF LOADING
ZONES: AMENDING SECTION 18-102 PROVIDING FOR A VIOLATION FOR UNAU-
THORIZED PARKING IN A DESIGNATED LOADING ZONE; CREATING SECTION 18-
102.1 PROVIDING FOR A PENALTY IN THE MINIMUM AMOUNT OF $25.00 AND
THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; PROVIDING
FOR THE REMOVAL OF VEHICLES IN VIOLATION THEREOF; PROVIDING FOR
CRITERIA, DIMENSIONS AND APPLICATION FEE FOR LOADING ZONES; REPEAL-
ING ALL ORDINANCES IN CONFLICT: PROVIDING FOR A SAVING CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Sec. 18-100. "Application the code of Ordinances is amended read ias follows: zzone',
8e00 16-100. Application for loading zone.
(a) Loading zones may be granted to any buninesa
where a loading zone is necessary for the conduct
of the business, subject to the provisions pro-
vided in this section.
(b) Thet owner or manager of a business desiring a
loading zone shall make written application to the
Citizens Traffic Safety Support Commission. The
application shall state the following:
(1) The name and address of the business:
(2) The types of goods and/or services pro-
vided by the business;
(3) The types and numbers of commercial ve-
hicles operated by the business?
(4) The types of commercial vehicles making
deliveries to the business and the frequency
of the deliveries made by the vehicles; +
(5) A statement of the specific use to be
made of the proposed loading zones
(6) The types and mmnbers of personal vehi-
cles, of any, which may be parked in pro-
posed loading zone when zone is not being
used for loading or unloading purposes.
endaNo_
Agendaltam_
.07
(c) If the Citizens Traffic Safety Support Com_
mission approves the application for tha loading
zone, the commission shall direct appropriate City
personnel to cause the loading zone to be in-
stalled as provided in (d) of this section.
(d) If approved, a loading zone shall be instal-led amou t upon receipt of an
as established by the advance City p Coyuncil anIn an
d on
file in the office of the city secretary.
zone Upon granting the application for a loading
permitting the parking of vehicles, the
permit holder shall be issued an official numbered
decal or device, as determined by the Citizens
Traffic Safety Support Commission, which shall be
displayed on or in a place visible from any per-
sonal
parkedv at all
loading zone desiorder to gnated for e
I applicant.
(f) The Citizens Traffic Safety Support commis-
sion shall annually review loading zone renewal
applications during September of each year to de-
termine whether a need for each loading zone
exists.
If the commission determines such a need
s to exi, the l zone be
renewedeupon thesrece pt ofdanrenewal sfee, if
applicable, and as established by the City council
and on file in the office of the city secretary,
prior to October 1 of each year. Failure to pay
any applicable renewal fee prior to October 1 will
j result in the need for reapplication at a cost, as
established by the City council and on file in the
office of the city secretary.
(g) An applicant may appeal the decision to deny
a loading zone permit or renewal to the city
council.
(h) Loading zones may only be used for the actual
loading and unloading of commercial or customer
vehicles, except as follows:
(1) personal vehicles bearing a properly af-
fixed or painted sign or logo located on the
exterior of the vehicle identifying it as a
vehicle utilized by the business which has been
registered by the owner with the Citizens
Traffic Safety Support Commission and the chief
of police and displaying the device or decal
issued for said vehicle as provided in para-
Page 2
npendiNo
Awdalfam i~S
G- `4 1~
graph (e) is this section; or
(2) commercial vehicles registered by the owner
with the Citizens Traffic Safety Support Commis-
sion and the chief of police b3aring a properly
affixed sign located on the exterior of the
vehicle identifying it as a commercial vehicle.
(i) The following words and phrases, when used in this
article, shall, for the purposes of this article, have the
following meaning:
(1) commercial vehicle shall mean arty motor vehicle
(other than a passenger ca.) designed or used primarily
for transportation of property, including any passenger
car which has been reconstructed so as to be used, and
which is being used, primarily for delivery purposes.
(2) personal vehicle steal' mean a passenger car or any
other motor vehicle designed or used primarily for the
transportation of persons.
SECTION 11. That Sec. 18.101. "Marking of loading zones" of
the Code of ordinances shall be amended to read as follows:
Sao. 18-101. Marking of loading zones.
Every loading zone approved by the Citizens Traffic
Safety Support Commission shall be designated by City
personnel by markings painted on the curb adjacent thereto
and/or signs adjacent thereto the words "LOADING ZONE--
VIOLATORS WILL BE TOWED".
I
SECTION III. That Sec. 18-102. "Parking restrictions in
loading zone" of the Code of ordinances shall be amended to read as
follows:
B*o. 10-102. Parking Restrictions in Loading Zone.
(a) A person commits an offense if he stops, stands, or
parks 3 vehicle, other than a properly authorized commer-
cial or personal vehicle as provided in Sec. 18-100(h), in
a loading zone.
(b) It is a defense to prosecution under subsection (a) that
materials were being expeditiously unloaded from or loaded into
the vehicle from a business holding the loading zone permit.
SECTION IV. That the Code of Ordinances, Denton$ Texas, is
amended by adding a section, to be numbered 18-102.1. "Penalties
for Violation of Loading Zone Restrictions"; which said section
reads as follows:
Page 3
AgendaMo 9.~ -C~~
Agenda116(fL,% _ f Xi
Date.._... 1c13
Sec. 186102.1. Penalties for Violation of Loading Zone
Restrictions.
(a) Any person violating provisions of Sec. 18-102 of this {
Code shall be punished upon conviction by a fine of not
less than $25 or more than $200.
(b) Any vehicle found to be parked in violation of the
terms of sec. 18-102 shall be deemed a nuisance and shall
be subject to impoundment.
SECTION V. That the size of loading zones shall be as follows;
(a) Eight feet (81) x twenty-two feet (221) for a single
loading zone; or
(b) Eight feet (8') x forty-four feet (441) for a double
loading zone.
SECTION VI. That the maximum of two (2) single loading zones
or one (1) double loading zone may be granted to any business.
I
SECTION VII. That an application fee of $ per linear
foot shall be paid prior to installation of any o~Tnq zone. Any
renewal fee or reapplication fee for a loading zone shall be
$ per linear foot. A schedule of the fees provided herein
s53TFbe maintained on file in the office of the city secretary.
SECTION VIII, If any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof to
any person or circumstance is held invalid by any court of compe-
tent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance, and the city council of
the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such Invalidity.
SECTION IX. That any provisions of any ordinance which may be
in conflict with the terms of thin ordinance are hereby repealed.
SECTION X. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the city of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the _ day of , 1993.
BOB CASTLEBERRY, MAYOR
Page 4
ApendaNo
Agenda I I a -
ATTEST!
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I
BY:
I
Page 5
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DATE: June 1, 199314BfIQIfbA1 4s.-**
D
CITY COUNCIL REPORT (~'24,f 73
TO: Mayor and Members of the City Council Jd
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Z-93-007, Amending PD 108
EECOMMENDATION•
r
The Planning and Zoning Commission recommends approval of
this request 5-0.
UMM RY.
Rezoning a ,135 acre tract from the 2F district to Planned
Development district No. 108, subsequently increasing the
PD district size to 1.489 acres and amending the detailed
plan accordingly by increasing the gross floor area on
property located on the east side of Carroll, north of
Highland and iaouth of West Prairie.
JMCGRO NQ&
See P&Z ?.eport.
PROGRAMS DEPARTMENTS OR GROUPS AFFEc~rE
Building Inspection.
Planning and Development.
FISCAL IMPACT,
--J N/A
Respectfully submitted:
Prepared by: Lloyd 4a rrell, City Manager
& n Fes ari, Urban Planner
Approved:
Frank obbin AICP
Executive Director
Planning and Development
AXX0031A
Agenda No
Agenda iterrk5 ;/d
PLANNING AND ZONING COMMISSION REPORT
f
Tot Mayor and Members of the City Council
case No.s Z-93-007 Meeting Dates June 1, 1993
GEFtRAL INFORMATION
Applicants Dale Irwin
419 S. Carroll Blvd.
Denton, Texas 76201
Current Owners Dale Irwin
419 S. Carroll Blvd.
Denton, Texas 76201
Requested Actions Rezone a .135 acre tract from the 2F district
to Planned Development District (PD) No. 108
and increasing the gross floor area in this PD
district.
Location and Bisset .135 acre tract plus a 1.354 acre tract
(1.489) located on the east side of Carroll
Blvd., north of Highland and south of West
Prairie.
Surrounding Land Use and Zonings
North - Office and Residential
South - Day Care Center (S-162)
East - Residential
West - MF-1 and PD-23 (office and neighborhood service)
Denton Development Plans Urban Center '
AvdaNo
Agenda
~teoL.~~'
Case No. Z-93-007 2
June 1, 1993
Page 2
SPECIAL INFORMATION
The proposed amendment will bear no significant impact on
infrastructure.
HISTORY
On March 18, 1986, the City Council approved rezoning 2-1770 on
0.426 acres of land from "2F" (two family residential) district to
"PD" Planned Development District 108 established by Ordinance 86-
61.
On October 18, 1988, the City Council approved rezoning Z-88-010
and repealed the approved site plan and conditions applicable to
the 0.426 acres in order to add 0.927 acres Planned Development 108
by rezoning the land from 2F (two family residential) district to
PD Planned Development District established by Ordinance 88-168.
on September 24, 1990, the Planning and Zoning Commission
recommended approval of zoning 90-006, amending the applicable
provisions to PD-108 to allow for all signs in accordance with the
regulations set forth in Article 17, Appendix B, Zoning Ordinance,
(now Section 33 of the Code of Ordinances).
On December 15, 1992, the City Council approved the replat of Lot
2, Block 1, Offenbacker Addition. This replat incorporated a tract
used for a parking lot. The applicant is now requesting this .135
acre tract be included in tho PD No. 108.
On April 28, 19931 the Planning and Zoning commission heard this
case (2-93-007) and recommended approval 5-0.
AGenda Iterrr._.~='_s.'~ ~ f ~
Case No. 2-93-007
June 1, 1993 !J
Page 3
I
ANALYSIS
This property is located in the downtown Urban Center. These areas
are encouraged to have high intensity type land uses. Specific
policies in the DDP include the Carroll Blvd. policy which
j encourages office type usage with no direct access onto Carroll as
well as the protection of existing low density neighborhoods.
The applicant is requesting to increase in gross floor area from
the approved 15,610 square feet to 17,090 square feet, a 1480
square feet increase.
The Approved plan Pr- osed Plan
Building one 6750 sf. 6634 sf,
Building Two 3300 sf. 4500 of.
Building Three 3000 sf. 3382 sf. +
Building Four 2560 sf. 2570 sf.
The rezoning of the .135 acre parking lot (15 new spaces) is to
incorporate this into the PD in an effort to unify the entire
project. The applicant is proposing vegetative screening along the
north and south property boundaries of the parking lot and a six
foot high wooden screen along the eastern boundary.
On January 13, 19930 the City Council approved
landscape plan using vegetation for screening of the news parking alternative 1i
J lat. However, the amended PD shows the park +
screened with a wooden fence and vegetation rking lot will now be
The proposed rezoning and subsequent amendment to the Planned
Development district No. 108 complies with all policies of the
Denton Development Plan.
RECOMMENDATION _
The Planning and Zoning Commission recommends approval of Z-93-007
(5-0) .
Agenda No Case No. Z-93-007
June 1, 1993 ~1~~✓~
Page 4 ~r
ALTERNATIVES
1. Approve petition
2. Approve petition with additional conditions
's. Delay consideration.
4. Deny petition
ATTACHMENTS
1• Irication Map.
2. Reduced copy of proposed site plan,
3. Ordinances 90-170 and 68-168.
4. Minutes of P&Z meeting, April 28, 1993.
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ATTACHMENT 3 AA9sdaltDRZ,.sS -
ORDINANCE 110.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS
APPLICABLE TO PLANNED DEVELOPMENT DISTRICT NO. 1081 PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 887168, the City Council approved a
planned development district for 1.353 acres of land (PD-108)
located on the east side of Carroll Boulevard, between Prairie and
Highland Streets; and
WHEREAS, the owner has applied for an amendment to the district
to allow the use of signs within the district as provided in the
sign ordinance) and
WHEREAS, the Planning and Zoning Commission has recommended
approval of the requested amendment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section III, paragraph 2, of Ordinance No. 88-
168 is amended to read as follows:
2. All signs within the district shall comply with the
sign regulations of the City's comprehensive zoning
ordinance.
SECTION II. That a copy of this ordinance shall be attached to
ordinance No. 88-168, showing the amendment herein made.
$EQ11ON III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION Iy. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (30) days of the
date of its passage.That this ordinance shall become effective
immediately upon its pacsage and approval.
PASSED AND APPROVED this the L'(* day of , 1990.
a 00
BOB CASILEBERRY, MAYOR
01,E
Nenda No.
AgendakteoL 0,
Date - /
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ✓ 1
444
7
I ~
APPROVED AS TO LEGAL FOR14:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY; 17 • _
Page 2
a3.
2513E
Agondallem_
ATTACHMENT 3 bite -I `
NO. [J Q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING THE SITE
PLAN AND CONDITIONS APPLICABLE TO THE 0.426 ACRES OF LAND WITHIN
THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO.
86-61 (PD-108); PROVIDING FOR A CHANGE FROM TWO-FAMILY 112-F" TO
PLANNED DEVELOPMENT "PD" ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.927 ACRES OF LAND LOCATED ON THE EAST SIDE OF
CARROLL BOULEVARD, BETWEEN PRAIRIE AND HIGHLAND STREETS, AS MORE
j PARTICULARLY DESCRIBED HEREIN, AND PROVIDING THAT SUCH LAND SHALL
f BE A PART OF PD-108; PROVIDING FOR THE APPROVAL OF A NEW DETAILED
PLAN FOR THE 1.353 ACRES OF LAND INCLUDED WITHIN THE DISTRICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 86-61, the City Council approved a
planned development district and site plan for the 0.426 acres of
land, as described therein (PD-108); and
WHEREAS Dale Irwin has applied for approval of a change from
two-family r'2-F" to planned development zoning district classifi-
cation and use designation for 0.927 acres of land located on the
east side of Carroll Boulevard, between Prairie and Highland
Streets, as more particularly described herein, said land to be
included within and become a part of PD-108; and
WHEREAS, the applicant is requesting the approval of a new
detailed plan for the entire 1.353 acres to be included in the
district; and
WHEREAS, on September 28 1988, the Planning and Zoning
Commission recommended approvaf of the change in zoning and the
approval of a new detailed plan for the Expanded district; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section II of Ordinance No. 86-61 (PD-108),
provMn-gr- approval of a site plan and imposing conditions
applicable to the planned development district therein created,
is repealed.
SECTION II. That the zoning district classification and use
designs[ on o the 0.927 acres of real property described as
Tract I in Exhibit "A", attached hereto and incorporated herein
by refecence is hereby changed from two-family "2-F" to planned
development "PD" zoning district classification and use designa-
tion under the comprehensive zoning ordinance of the City of
may,
~gerCa Na
Apndaitem, kL:A.-.. _
Denton, Texas, and such land shall hereafter be included in and
be a part of the lanned development district establishad by
Ordinance No. 86-61 FPD-108).
SECTION III. That in accordance with article 11 of Appendix
B - on ng of tTie Code of Ordinances, the detailed plan described
as Exhibit "B", attached hereto and incorporated herein by
reference, is herein approved for the entire 1.353 acres of land
included in the district, described as Tracts I and II in Exhibit
"A", so that the property shall be developed, used, and main-
tained in accordance with such plan and the following conditions:
1. The district shall be limited to professional and
administrative office uses.
2. No ground, roof, portable, or projecting signs shell
be permitted in the district, as those signs are
defined by Appendix B-Zoning of the Code of Ordin-
ances. All stake and wall signs erected or main-
tained in the district shall comply with the
regulations applicable to such signs as now or
hereafter provided for in Appendix B-Zoning, as
amended.
3. Prior to the issuance of any certificate of occupancy
for any building on the property, evergreen shrubs,
sufficient in number and location to provide a solid
screen, shall be planted along the entire eastern
boundary of the property, or, iL there is not
sufficient area on the property to provide for the
living screen, a six foot high solid wood or masonry
fence shall be constructed along the entire eastern
boundary, in lieu of the living screen. The plane
for the required screening shall 'ba submitted with
the building plena submitted for a building permit in
accordance with the Denton Landscaping Code.
4. The 24-inch diameter pecan tree shown in Phase It of
the detailed plan must be maintained with a permeable
area under the dripline of the tree in accordance
with the requirements of the Denton Landscape Code.
Adjacent parking spaces shown on the detailed plan
may be deleted if necessary to meet this requirement.
SECTION IV. That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as an Appendix to
the Code of Ordinances of the City of Denton, Texas, under
Ordinance No. 69.1, as amended, is further amended to show such
change in the zoning district classification and use designation
for the property described in Section II of this ordinance.
PACE 2
agenda No
Agendaffem
D3te
SECTION V. That it shall be unlawful for any person to 1
construct or place any building or structure upon, or otherwise
develope, maintain, or make use of, the property within the
district described herein in violation of the detailed plan or
any condition or provision of this ordinance. That any person
violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2000.00. Each day that a provision
of this ordinance is violated shall constitute a separate and
distinct offense.
i
SECTION VI. That this ordinance shall become effective
fourteen (14) -days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record -Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passagoeday PASSED AND APPROVED this the of , 1988.
1
ATTEST:
I
I
ER E , CITY SECRETARY
I
APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
i
BY:~
PACE 3
~G,
1
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AgerfflD
EXHIBIT "A" AgBf1L♦g110R7 ~<~j ~ ~G7,_~
PROPOSED ZONING • CARROLL OFFICE DEVFLOPNIENT
Jor DALE IRWIN
TRACT it
All that certain tract or parcel of land situated in the William Loving Survey,
Abstract Number 759, Denton County, Texas; being more particularly described as
follows;
Beginning at the northwest corner of Lot I Block I of the Offenbacker Addition, as
shown by plat recorded in Cabinet C, Page 14 Plat Records;
Th,:nce South 00 degrees 23 minutes 16 seconds East with the west line of said
Offenbacker Addition a distance of 62.53 feet;
Thence North 89 degrees 03 minutes 41 seconds East with a south lin: of said
Offenbacker Addition a distance of 2.94 feet to the beginning of a curve to the left
with it radius of 19$0,00 feet, a central angle of 06 degrees 56 minutes 3$ seconds,
and a chord bearing South 06 degrees 29 minutes 37 seconds East 236.1E feet;
Thence with said arc a distance of 236,33 feet to the end of said are;
Thence North $8 degrees 37 minutes 45 seconds East with the present north right•of•
way of Highland Street a distance of 62.52 feet;
Thence North 00 degrees 23 minutes 47 seconds West a distance of 218.60 feet to the
most southerly southwest corner of said Offeobacker Addition;
Thcnce North $9 degrees 43 minutes 54 seconds East a distance of 73.52 feet to the
southeast corner of said Offenbackvr Addition;
Thence North 00 degrees 34 minutes 36 seconds West a distance of 76.98 feet to the
i northeast corner of said Offenbacker Addition;
Thence North 00 degrees 49 minutes 05 seconds East it distance of 62.02 feet to a
point In the south line of a (called) It foot alley conveyed to the City of Denton
and recorded in Volume 99, Page 230 Deed Records;
Thence South $9 degrees 39 minutes 41 seconds West with said alley a distance of
75.47 feet;
Thence North 00 Qegrea 43 minutes 43 seconds West a distance of 9.05 feet to a
point In the south line of Lot 1, Block I of the Fred Moore Addition as shown by
plat recorded in cabinet F, Page I IS Plat Records;
Thence South 89 degrees 39 minutes 41 seconds West with said south line a distance
of $8.77 feet to the southwest corner of sold Fred Moore Addition;
Thence South 00 degrees 16 minutes 27 seconds West a distance of 70,36 feet to the
Point of Beginning and containing In all 0.927 octet of land.
Tract Its
Lot It block 1, Fred Moore A,ldttlon.
f I
Agenda Item. ~5d _
c
EXHIBIT "B"
DETAILED PLAN FOR 1.353 ACRES FRED MOORE ADDITION
AND OFFENEACKER ADDITION, CONSISTING OFt
1. Detailed Site Plan (1 page);
2. Detailed Landscape Plan (1 page): and
3. Development Standards (4 pages).
L- -88-010
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DLYLLCPMINI STANDARDS Agenda 1:
l
DETAILED PLAN
.•89.010 ~ r
1. Statement of Intent of Owner,
To develop property in single-story and two stor` q pr_ o_fe•lsionak office buildings
i
t. Statement Indicating Relation to Denton DrveloFment Guide:
_T!e orooerty is n xt r_to existing ¢18fl1iDAJA.Y locmgnt for QCffce j ~
and~r„mnlln+ v~~~nten D v.lonment f~ifd~
3. Total Number of Acres in Proposed Dlatrlct:
-11j53 Acres
1. Land Uses and Total Number of Aerie in Each Parcel or Tract:
Total Proposed Acreage
a. Single family Detached
b. Single family Attached (tovnhouses, cluster, etc,)
c. Attached Patio/Garden/Tern Got Line
d. OUP14 K "
of Nulti-Family
to Office 1.353 acres - -
9. Neighborhood &et9ice y^ "
h. General Well
i:' Cosuaeeoial
Light Industrial.
,
t. Heavy Industrial
1. Other (specify)
r.~
'rw+w++rwr
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I) ~evelo mene
?age 1P StanQar>> aQ9f'Li~{N0 _.~2.=
S. Off-Site ln(ocmatian - adjacent or surrounding land urea, toning, seteets, ' 'Y -r/
drainage (acllitl u, and othac existing or proposed improvamsnts,
(Shownn on concept or detailed plan,)
6. Traffic and Transportation - indicate existing and proposed streets, packing lots,
loading areas, access points. (Shown on concept cc detailed plan,)
Projected Traffic Generation. (Based on traffic study, It requited.)
r 7, Buildingal
a. approximate location. (Shown on concept or detailed plan.)
{ b. Maxisua heigh.s
Two story
c. Mlntausl setbacks, (Shawn oIt Concept oc detailed plan,)
ZS fa t Iron Urell Blvd. R_i:ht_-of-way
d. Maslrun gross floor area (squara feet) foe aoatesldentials
Lot l two story - 3300 SP Phase II- Two Stor - 6750 SF
Lot 2 Ono Story - 3000 $ 1
Lot 3 - Ono Story - 2560 S1
Residential Subdivietont NA
to Numb*$ of units Pec acre (danylty)t
be Yumbes sad location of lotai (Sbow oa concept of detailed plea.)
as minim= mace Width and depth of IOUs (Show oa concept of detailed plan,1
d. Mlniaun (ront, aide and teat yard setbackat (Sho" on concept oc detailed plan.)
JeveloFment standards Ag6ndafVD _ -Q/~'__
Pale Agenda IteAt
9. Water and Drainage - approximate location of all exleting or proposed creeks, ~l
ponds, lakes, floodplains, other water retention or major drainage facilities
and improvements. (Shown on concept or detailed plan.)
Curb to be provided on East side of parking lot per Engineering Dept. recommendation
10. Utilities - location of all major sewer, water ar electrical lines and facilities.
IShown on concept or detailed plan,)
11, Location of trees 3e in diameter - six 161 feet from ground level,
(Shown on concept or detailed plan,)
I
12. open Space - location and sire of greenbelts, parka, comron and recreational areas.
(Shown on concept or detailed plan.)
13. Screening - location, type and site of 411 fences, berms or screening features.
(Shown on concept or detailed plan,)
11. Development Schedule (concept plan) - showing specific date detailed plan will
be submitted, date to start construction and complete construction, and rate of
development. All dates should indicate month and year.
ADDITIONAL RIQUIRf)ZNIS FOR A DITAILLD PLAN
15. Landscaping Plan - major features slid types of landscaping to be used,
See landscape plan
3 j.
n.
. • Deve:o~en: 5:sn:aris
Pais 4 AgeldaNo.
Agenda(Iem f25 00'16
-i vu- -
if. signs - show location, type and else on detailed planr otherWUa,Jigns-must-_~~
conform to Article 11 of the Zoning Ordinance-
Wall Signs (No detached el3ns)
17. Sidewalks. Ishovn on detailed plan.)
10. All information required for preliminary plat in accordance with Appendix A
r
(Denton Development Code) of the Cede of Ordinances.
(A separate plat is required.)
I
19, Development Schedule (detailed plan) - indicating start and completion of
construction and the rate of development. All dates should indicate month
and year.
Start Date - July 1, 1989
Complete Data January 1, 1990
ab
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.
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Ageridaffe7L- ; 5
ATTACHMENT 4
r"
MINUTES
Planning and Zoning Commission
April 28, 1993
The regular meeting of the Planning and Zoning Commission was held
on Wednesday April 28, 1993 in the Council Chambers of City Hall,
215 E. McKinney Street.
Present from P63l Chairman Engelbrecht, Mike Cochran, Katie
Flemming, Mary Evelyn Huey, and Ivan Glasscock
Absent from Ptzi Melvin Willis and Richard Cooper
Present from Staffs Frank Robbins, Executive Director of Planning
and Development; Karen Feshari, Urban Planner;
Owen Yost, Urban Planner; Mike Sucek,
Assistant City Attorney; David salmon, senior
City Engineer; Jerry Cosgrove, Engineering
Administrator, Water/Wastewater; Cindy
Cranford, Secretary
1. consider approval of the minutes of the regular meeting of
April 14, 1993.
Dr, Huey moved to approve the minutes as corrected. Mr.
Glasscock seconded and the motion carried unanimously (5-0).
II. Hold a public hearing and consider the resoning of a .133 more
tract and subsequently amending Planned Development No, 108
being a 1.354 more tract to include the ,135 more tract on
property located on the east ride of Carroll Blvd., north of
Highland and south of Nest Prairie for the purpose of
increasing the gross floor area and acreage.
STAFF REPOATI The staff report was given by Karen Feshari
"see attached". Ms. Feshari said that lb notices were mailed,
five were received in favor and none in opposition. She
stated that the petitioner would like to finish out the second
floor of building two.
Dr. Huey asked if the building footprints would change.
Ms. Feshari said no, the footprints would remain the same.
PATITIONERI Dale Irwin, 701 S. Carroll, Denton, Texas
Mr. Irwin said he felt everything was adequately covered by
! staff, He explained that the original zoning had been done
I
I
1
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I
II
~WdaNo
1 • t
}{eidaif anl.- w
Minutes
April 28, 1993 fy
Page 2
several years ago. At the time the zoning was done, they did +
not know what the exact use would be. Mr. Irwin explained
that the needs of the tenants and the extra elevation of
building two brought about the request for the rezoning.
IN FAVORI None
IN OPPOSITIONt None
The public hearing was closed.
I Mr. Glasscock recommended approval of case 2-93-007. Mr.
Cochran seconded and the motion passed unanimously (5-0).
III. Hold a public hearing and consider the rezoning of a .071 acre
tract from the Commercial district to the Planned Development
district on property located on the east aide of South Locust,
west of wainwright and north of East Prairie for the purpose
of a mixed use development consisting of offices, restaurant,
and apartments.
STAPP REPORTi The staff report was given by Karen Feshari
"see attached". Ms. Feshari said there were 27 notices
mailed. Five (5) notices were received in favor and none were
received in opposition.
Mr. Cochran asked who the Declaration of Restriction would be
secured from.
Ms. Feshari explained that Mr. Bell was the owner of Victoria
Square and Victoria Village, both on Lot 1, Block 1, Victoria
Square Addition. She said that he would have to agree to
share the parking. The Declaration of Restriction would have
to be filed with the county, The city would get a copy of thts
official document and it would always accompany any
development on the property,
Dr. Huey asked if part of the parking was new.
Ms. Feshari said no, the parking was existing.
Dr. Huey stated that there seems to be inadequate parking for
the area already.
Ms. Feshari stated that the Certificates of occupancy for each
tenant indicated adequate parking for each business. She
stated that Victoria Square could, according to the zoning
ordinance, borrow or share parking spaces with another
business that is located within 500 feet. Ms. Feshari
02,
Elk-"0CS%0PD\IAV1M.0 Ag ^I _..1..~-.11.~s..._.._..
a. 3a rdo
~puntlaltem k5, SSG' .
ORDINANCE 140.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM TWO-FAMILY (2-F) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR .135 ACRE 01' LAND AND IN-
CLUDING SUCH LAND IN PD-108 ESTABLISHED BY ORDINANCE NO. 88-168;
REVISING THE DETAILED PLAN FOR PD 108 TO INCLUDE 15 NEW PARKING
SPACES AND ENLARGING THE PD TO 1.489 ACRES LOCATED ON THE EAST SIDE
OF CARROLL BOULEVARD, NORTH OF HIGHLAND AND SOUTH OF WEST PRAIRIE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLA-
TIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE.
I
j WHEREAS, by Ordinance No. 88-168, the City Council approved a
planned development district for approximately 1.353 acres of land
known as PD-108; and
WHEREAS, Dale Irwin has applied for a change in zoning for a
.135 acre of land from Two-Family (2-F) to Planned Development
(PD), so that such land may be consolidated with a revised PD-108
of approximately 1.489 acres to provide for 15 additional parking
spaces on the east side of PD-108; and
WHEREAS, on April 28, 1993, the Planning and Zoning Commis-
sion, after a public hearing, recommended the requested change in
zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS=
~.._J 9ECTi0N I That the zoning district classification and use
designation for a .135 acre of land described as 15 parking spaces
to the east of approximately 1.354 acres of land described in the
revised detailed plan for PD-108, is changed from Two-Family (2-F)
to Planned Development (PD) zoning district classification and use
designation under the comprehensive zoning ordinance of the City of
Denton, Texas.
AM71 N II That a copy of thip ordinance shall be attached
to Ordinance No. 88-1680 showing the amendment herein made and in-
corporating the detailed plan attached hereto as Exhibit "A" as the
detailed plan for the revised 1.489 acres of land constituting the
revisad PD-108.
SECTION III That the legal description for the new PD-108 is
Lot 1, Block 1 of Fred Moore Addition and Lot It Block 1 and Lot
2R, Block 1 of Offenbacker Addition.
Agendaiiam.
we. -?0
SECTION TV That any person violating any provision of thi
ordinance shall, upon conviction, be fined a sum not exceeding
$2000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1993.
I
III
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS* CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:G~~1 Q
PAGE 2
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DATE: June 1, 1993 q~Jp, ?3'0
ApWoR
CITY COUNCIL REPORT (~0
TO: Mayor and Members of the City Council Q
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Z-93-008, Addition of Apartments to Victoria Village
RECQMMENDATION•
The Planning and Zoning Commission recommends approval (6-
0), with conditions.
SUMMARY:
A request to rezone a .871 acre tract from the Commercial
district to the Planned Development district for the
purpose of a mixed use district consisting of offices,
restaurant, and apartments on property located on the east
side of South Locust, west of Wainwright and north of
Prairie, also known as Victoria Village.
BACKGROUND:
i See P&Z report.
i` PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Building Inspections.
code Enforcement.
Planning.
FISCAL IMPACT:
N/A.
Respectfully submitted:
Prepared by: Lloyd V. gaY ell,~t~y Manager
+Xarnes ri, Urban Planner
Approved:
rank H. Robbins AICP
Executive Director
Planning and Development
A M0378
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PLANNING AND ZONING COMMISSION REPORT
Tos Mayor and Members of the City Council
Case No.s Z-93-008
Meeting Dates June 1, 1993
` GENERAL 2NFORMATION
Applicants Jack Bell Companies
1002 Dallas Drive
i, Denton, Texas 76201
Current Owners Jack Bell
1002 Dallas Drive
Denton, Texas 76201
Requested Actions Rezoning property from the Commercial district
to the Planned Development district for the
purpose of mixed use development consisting of
offices, restaurant, and apartments.
Location and Sizes A .871 acre tract located on the east side of
South Locust, west of Wainwright, north of
East Prairie.
i
surrounding Land Use and Zonings
North - Commercial
South - Commercial; Victoria Square (office, general and
medical)
East - Commercial
West - Commercial
I Denton Development Plans Urban Center.
~geno~No z'
A3enGaEtem zS '
rt:e 115,
Case No. Z-93-008
June 1, 1993
Page 2
r
SPECIAL INFORMATION ;
The proposed change will have no substantial effect on infrastruc-
ture.
i
r
HISTORY
This is the location of Victoria Village which is currently the
location of various businesses and the Homestead Restaurant.
According to City records, the property has been zoned Commercial
since 1969 via the adopted zoning map,
On April 28, 1993, the Planning and Zoning Commission heard this
E case (Z-93-008) and recommended approval with conditions (6-0).
I 1
ANALYSIS
i
The site is located in an Urban Center. According to the Denton
Development Plan, these areas are encouraged to have mixed uses
including high density residential.
Due to the proximity to the downtown area, the combination of
nonresidential with apartments on the second floor is considered a
desired land use.
The main concern is parking. The site plan reflects a total of 61
provided spaces, however, a total of 76 spaces would be required.
The property adjacent to this site, Victoria Square, has additional
spaces which could be used as shared parking. See Attachment 4.
Although the proposed rezoning is located on the same lot of record
as Victoria Square, a declaration of restriction is required.
Providing the parking conditions are approved with this request the
proposed rezoning complies with the policies of the Denton
Development Plan.
I
Case No. Z-93-008 /i
June 1, 1993
Page 3
i
RECOMMENDATION {
The Planning and Zoning Commission recommends approval of Z-93-008
f with the following conditions:
1. 15 of the 54 parking spaces located on the southern half of Lot
1, Block 1, Victoria Square Addition (also known as Victoria
Square), immediately to the south of this site shall be
utilized for this Planned Development district in order to meet
the 76 parking space requirement. Prior to building permit
application, the applicant shall secure a Declaration of
Restriction as set forth in Section 35-301(e).
2. One (1) directional sign shall be located at each means of
ingress/egress of the northern half of Lot 1, Block 1, Victoria
f Square Addition (also known as Victoria Village), directing
patrons/employees to utilize the additional parking spaces
located at the southern half of Lot 1, Block 1, Victoria Square
Addition (also known as Victoria Square). As set forth in the
Sign Regulations, these directional signs shall not exceed six
(6) feet in height or ten (10) square feet of effective area.
ALTERNATIVES
1. Approve petition.
2. Approve petition with additional ccnditions.
3. Delay consideration.
3. Deny petition.
ATTACHMENTS
1. Location Map.
2. Reduced Site Plan.
3. Minutes from P&Z, April 28, 1993.
4. A preliminary plat showing location of shared parking.
AXX0034A
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ATTACHMENT 1
Z-93-008 Victoria Village NORTH
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ORAPHEC SCALE o
0.871 ACRES' SITEARE4 ~
CCMMERCIAL 20NlNG W.
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PROJECT DATA
PROPOSED M.D.No USEA,E j .
OFFICE ARCA• 9531 SF
~ PESTAUAANT- 373..• SF SITE F
PRO K D"0 PARTMENTS • 1 ~y3 T
M UN171-TO TAL IA LNIL} 75565/ k -
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I BEDROOM OUTS TOTAL( 3 UNITS) 1614 S F E'
TOTAL 17,0363E 'I II I~ I ~y
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PA pfiwE AACA • IVW PER 300 U SUBTOTAL 32 SPACES VICINITY MAP
RESTAURANT&'ATINO CAPACtTT• ISPACE PER 3DCATS (99) SUBTOTAL. I; SFACES NOT[ ALL PROPERTIES LOCATED DIM L~' Y I
PROPOSCO APARTMENTS, ADJACENT TO TNC PROPOSED SIT
7BEDROOM VNITS • I. TS SPACES PER UNtT N) SUBTOTAL T SPACCS AR[ PBCSENTLY 70NC0 FOR COIAN en !L~\
I BEDROOM UN111 • LS SPArESPER UNIT 131 SUBTOTAL S SPACES US[. VV\ 1"
IOTA'. KO Of PARKING SPACES REQUIRED- 71 SPACCS
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ASendaafem____~'--_S
ATTACHMENT 3
Minutes
April 28, 1993 7
Page 2
several years ago. At the time the zoning was done, they did
not know what the exact use would be. Mr. Irwin explained
that the needs of the tenants and the extra elevation of
building two brought about the request for the rezoning.
IN FAVORi None
IN OPPOSITIONY None
The public hearing was closed.
Mr. Glasscock recommended approval of case 2-93-007. Mr.
Cochran seconded and the notion passed unanimously (5-0).
III. Hold a public hearing and consider the rezoning of a .871 acre
tract from the Commercial district to the Planned Development
district on property located on the east aide of South Locust,
west of wainwright and north of East Prairie for the purpose
of a mixed use development consisting of offices, restaurant,
and apartments.
STAFF REPORTt The staff report was given by Karen Feshari
"see attached". Ms. Feshari said there were 27 notices
mailed. Five (5) notices were received in favor and none were
received in opposition.
Mr. Cochran as!.ed who the Declaration of Restriction would be
secured from.
Ms. Feshari explained that Mr. Bell was the owner of Victoria
Square and Victoria Village, both on Lot 1, Block 1, Victoria
Square Addition. She said that he would have to agree to
share the parking. The Declaration of Restriction would have
to be filed with the county. The City would get a copy of the
official document and it would always accompany any
development on the property.
Dr. Huey asked if part of the parking was Yew.
Ms. Feshari said no, the parking wan existing.
Dr. Huey stated that there seems to be inadequate parking for
tho area already.
Ms. Feshari stated that the Certificates of Occupancy for each
tenant indicated adequate harking for each business. She
stated that Victoria Square could, according to the zoning
ordinance, borrow or share parking spaces with another
business that is located within 500 feat. Ms. Feshari
~gand aNo
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Minutes
I April 28, 1993 77-/
Page 3
emphasized that they could only share extra parking spaces.
Mr. Cooper arrived at 5:30.
Mr. Engelbrecht stated that Victoria Square would actually
have 15 less spaces.
Ms. Feshari said that was correct.
Mr. Bucek said that one of the problems with designation of
the parking spaces would be new tenants.
Ms. Feshari said that if a prospective tenant wanted to move
in and their use would require more parking than currently
available, they would not be allowed to move in because the
extra spaces would have been designated for use by Victoria
village.
Dr. Huey asked for clarification. She asked if some of the
existing parking spaces for Victoria Square would be set aside
to be utilized by Victoria Village.
Ms. Feshari said yes, they would only be used by Victoria
village.
STAFF RECOKKENDATIONr Staff recommended approval of Z-93-008
with supplemental conditions "see attached".
PETITIONERI Diane Coulson of Horn, Thomas, and Chandler, 3730
E. McKinney Street, Suits 102, Denton, Texas.
Ms. Coulson was representing the petitioner. Ms. Coulson said
she would answer any additional questions.
IN FAVOR - None
IN OPPOSITION - None
Mr. Engelbrecht asked if any questions were raised ,
regards to the problems that could occur if there were
apartments. He asked what type of problems hc..i we heard about
from the apartments located above the businesses on the
square.
Ms. Feshari said there had been no problems that ehe was aware
of. She explained that, from a plannei'e viewpoint the
upstairs apartments were a desirable land use. It would help
to keep people in the area at all times. Ms. Feshari said
that Jane Biles, the main street Coordinator, would be working
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Minutes A 77/5,/
April 28, 1993 ,
Page 4
with Mr. Bell. Ms. Biles would be involved in the project.
Mr. Robbins said that the main problem with some of tho
occupants in the downtown area had been parking. Some of the
occupants would like to have designated parking available to
the tenants. The current position seemed to be that the
parking provided for residential use should be the problem of
the owners not the City. Mr. Robbins said that there had been
some controversy over residents parking in spaces that should
be available for business customers.
Mr. Cochran said he felt that apartments would be a good use.
They would be less intensive than offices and they would bring
vitality to the area.
Mr. Engelbrecht stated that there would always be a parking
issue.
Mr. Cochran moved to recommend approval of case Z-93-008 with
the supplemental conditions 'see attached", rezoning from the
Commercial district to the Planned Development district. Dr.
Huey seconded and the motion carried unanimously (6-0).
I Consider the preliminary and final replats of Lot A, of the
G.D.I. subdivision, creating Lots Al ani A20 Block 1.
STAFF REPORTI The staff report was given by Mr. Yost. Mr.
Yost eaid that the 4.7688 acre site was located at the
southeast corner of Loop 288 and Market Street., in the G.U.I.
subdivision. The site is the location of an unused warehouse
having 34,950 square feet. There is one platted lot on record
for the building and the existing billboard. Mr. Yost said
that the applicant wanted to remodel the existing building
into offices, and create a separate lot for the billboard.
The site is located in a light industrial (LI) zoning
district. The subdivision regulations do not prohibit the
proposed lot arrangement. The replats would conform to the
minimum requirements of the Subdivision and Land Development
Regulations; Chapter 34 of the Code of Ordinances.
I RECONNENDATIONP The Development Review Committee recommended
` approval.
h Dr. Huey said that she did not understand the reason for the
replat.
Mr. Yost said that the applicant wanted to create two (2)
lots, one (1) for the bui)ding and one (1) for the billboard.
9.
t : \woOCS 0RD\sE LL , ORD ;
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM COMMERCIAL (C) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR .871 ACRES OF LAND LOCATED
ON THE EAST SIDE OY SOUTH LOCUST STREETr WEST OF WAINWRIGHT STREET
AND NORTH OF EAST PRAIRIE STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
r
WHEREAS, Jack Bell Companies has applied for a change in zor-
ing for 873 acres of land from Commercial (C) to Planned Develop-
ment (PD) z,.,ping district classification and use designationr and
WHEREAS, on April 28, 1993, the Planning and Zoning Commis-
sion, after a public hearing, recommended approval of the requested
change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION I. That the zoning district classification and use
designation of .871 acres of land described in Exhibit A and il-
lustrated in the Site Plan in Exhibit B, both exhibits being at-
tached hereto and made a part hereof for all purposes, is changed
from Commercial (C) to Planned Development (PD) zoning district
classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTIO II. That the district shall be subject to the fol-
lowing conditions:
1. 15 of the 54 parking spaces located on the southern half
of Lot 1, Block 1, Victoria Square Addition (also known as Victoria
Square), immediately to the south of the site known as Victoria
Village, shall be utilized for this Planned Development district in
order to meet the parking space) requirement of 76 spaces. Prior to
submitting a building permit application, the applicant shall
secure and submit a Declarlion of Restriction as set forth in
Section 35-301 (e) of the Code of ordinances.
r
2. One (1) directional sign shall be located at each means of
ingress or egress to the northerr half of Lot 1, Block 1, Victoria
Square Addition (also known as Victoria Village), directing patrons
and employees to utilize additional parking spaces located in the
southern half of Lot It Block 11 Victoria Square Addition (also
known as Victoria Square). These directional signs shall not
exceed six (6) feet in height or tin (30) square feet of effective
area.
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SECTIQN III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding i
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
5E&LLON IV. That this ordinance shall become effective four- ~
teen (14) days from the date of its pdeaage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be j
published twice in the Denton Record-Chronicle, the official naws- 1
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
1 II
PASSED AND APPROVED this the day of , 1993.
I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCM, CITY ATTORNEY
BY., _Q ! ~
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agenda No
C EXIMII' "A„ AgcridaItenI_
Beginning at a steel pin at the intersection of the north right-of•way of East
Prairie Street with the east right-of-way of South Locust Street, recorded in
` Volume 1610, page 933, Deed Records;
Thence North with the east right-of-way of said locust Street a distance of
r
200.0 feet to a steel pin at the southwest corner of the Tract and the Point
I` of Beginning;
Thence North with the east fight-of-way of said Locust Street a distance of
160.0 feet to a steel pin at the northwest corner of said tract, recorded in
4 Volume 1660, page 97, Deed Records;
i
Thence South 89 degrees 36 minutes 10 seconds East a distance of 252,98 '
r feet to a steel pin on the west right-of-way of Wainwright Street also being
the northeast corner of said tract, recorded in Volume 1660, page 97, Deed
i
Records;
I
Thenc. South 00 degrees 02 minutes 50 seconds West with the west right-
of-way of said Wainwright Street a distance of 150.0 feet to a steel pin for
corner;
I Thence North 89 degrees 36 minutes 10 seconds West a distance of
f 262.86 feet to the Paint of Beginning containing in all 0,871 acres of land.
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GRAPHIC SCALE LOT 2R BLOCK I P -
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PROJECT DATA
PROPOSED IUIIOWG VKA9[ 1 f '
OFFKC AREA, 1951 If. 1
RtSTAURANT: SISI IF.. "SITE
PRO►OKCI APARTMENT II 1E
I S[OAOOM UNITI PTOTAL I A VNITS I ISSI Sf. Y
1 KDROOM LftTS-TOTAL(I UNITS) 1914 OF.
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PARKING VICINITY MAP
Off" AREA • ISPACE KR Soo SF SUITOTAL r It SPACES
RESTAURANTKATPq CAPAC"• ISMCt KR IKAI$ III) IUITOTAL r SO SPACES NOT[' ~ACCIOPETO~XE PL CAT0 010 L [LT
PROPOSED APARTMENTS'
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DATE: June 1, ~n11993
CITY COUNCIL REPORT 4''4
TO: Mayor and Members of the City council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Proposed amendment to 15.174 acres of Planned Development
No. 720 plus modification of an ordinance condition,
RECOMMEDATIO
(see attached report)
Sv1'~1AR Y:
(see attached report)
BACKGROUND:
(see attached report)
gROGRAMS- DEPARTMENTS OR Cunno AFFECTED.
None
FISCAL IMPACT.
None
Respectfully submitted:
Prepared:
24- Lloyd V, rrell
City Manager
% p
G. Owen Yost, ASLA
Urban Planner
Approved:
FraA ob in ; AICP
Executive Direc or
Planning and Development
AarA No
AQetaIterrt_
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REPORT TO THE CITY COUNCIL
Tot City Council, City of Denton
FROMs Lloyd v. Harrell, City Manager
Case No.t Z-93-009 Meeting Dates June 1, 1993
I I
GENERAL INFORMATIO
I
Applicants Heritage Development Co.
2220 San Jacinto Blvd.
Denton, TX 76205
(Jane Carlton)
Current Owners Cooper Glen, Ltd.
2220 San Jacinto Blvd.
Denton, TX 76205
Requested Actions Consider recommending an amendment to
Planned Development No. 72, allowing
single-family detached residential use in
the area platted as Cooper's Landing,
Section Iv which is currently designated
for duplex/4-plex use. In addition,
modify a condition of the approved
ordinance 84-50 so as not to require
detailed plans for single-family detached
land use.
Location and Sizes A 15.174 acre tract, located north of
Windsor Dr., east of Locust St. and
generally southwest of Bell Ave, The
fifty lots are platted as lots 1-18, ,
block 1; lots 1-11, block 2; and lots 1-
21, block 3.
Surrounding Land Use and Zonings
North - PD-72, designated for garden homes
South - PD-72, designated for multi-family use; and the
right-of-way of Windsor Rd,
East - PD-72, designated for four-plex use.
West - Right-of-Way of Locust St., across from which
is Evers Park.
~gendoNo -yis
Agenda
~terr~
rote C .
Case No. Z-93-009
-June 1, 1993
Page 2
Denton Development Plant
The tract is in a Low Intensity area, which is designated
primarily for residential use. Area #26 is currently 89t
allocated.
SPECIAL INFO TION
Transportation:
The public streets are already existing, as are the
public sidewalks which comply with regulations in force
at time of platting.
Utilities:
six-inch water lines exist in Foxwood Circle and
Hollycreek Dr. A ten-inch water line exists in Bell Ave.
Fire hydrants, with adequate spacing and flow, currently
exist.
Ten-inch sewer lines exist in Bell Ave. and Foxwood
Circle. An eight-inch sower line exists in Hollycreek Dr.
Drainage:
A detention pond currently exists, and handles drainage
adequately.
NISTQML
Planned Development No. 72 was authorized on 4/17/84,
according to the attached concept plan and ordinance
84-50. No detailed plan was required since the ordinance
waived site plan review for one- and two-family
residences. Prior to 4/17/84, the entirety of the land in
PD-72 was zoned Agriculture (A).
The plat of 15.174 acres was approved in October of 1985. '
The lots shown on that plat support SF-7 type use and
utilize rear-entry design.
Case No. Z-93-009 (~~R 9~
June 1, 1993 ,i
Page 3
N 8 8
The not?nsity of Area N26 will actually decrease the
proposal under review. The intended duplex use of the
land (allocated at 80 trips/acre) would be reallocated at
42 trips/acre.
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Curren`l ,174 x gU perty is allocated 1213.92 intensity trips by 576.6 trips (15~174hx 42Proposal would reduce Intensity
576.6). 637.308! 1213.92 - 637.308
Fifteen notices were mailed to property owners within 200
feet, To date no respanses have been received.
CO EN AT-- Y
The Commission unanimously recommends
00-9.72ThebeCommimodisfision s
PD a condition of
edalososrecoot nmmendtos require detailed th site
plans for single-family detached land use.
site
L NTVEB
1- Approve petition.
2. Deny Petition.
3. Approve with additional conditions.
4. Postpone.
ATTACK E
1. Location Map,
2. Original PD-72 concept plan,
3. Final plat as approved,
4• Ordinance 84-50,
5. P&Z minutes,
6. Proposed ordinance,
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ATTACIIN:XNT 4 Agenda [is nL_.~L~
[ate ~ / - 93
NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID HAP
APPLIES TO APPROXIMATELY 127.484 ACRES OF LAND OUT OF THE B.B.B. &
C.R.R. COHPANY SURVEY, ABSTRACT NO. 186, DENTON COUNTY, TEXAS; AND
MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
I
SECTION I.
The Zoning Classification and Use designation of the following
described property, to-wit:
TRACT 1: All that certain tract or parcel of land situated in the
g 8 B 6 C.R.R. Comta my Survey, Abstract No. 186 in the City and
County of Denton, Texas., the said tract being all of a called
100.695 acre tract end part of a called 40.891 acre tract, both
tracts described in dead from J. Newton Razor to Jesse Newton
Razor, et al recorded in Volume 541, Page 654 and 655 of the Dted
Records of Denton County, Texas; the said tract being more
particularly described as follows;
BEGINNING for the northwest corner of the tract being described
herein, at the northwest corner of the said 100.695 acre tract,
raid print being in the east right-of-way line of F.H. Highway No.
2164 kNorth Locust Street) at its intersection with the north line
of the said B.B.B. & C.R.R. Survey, northerly 26.3 feet from an
iron rod found at a fence corner;
THENCE south 89°28'26" east with the north line of the a,'
100.695 sore tract and the north line of the said B.B.H. 6 C.r
Co. Survey and a distance of 1401.66 feet to an iron rod a, .or
the meat northerly northeast corner of the said 100.695 acre tract;
THENCE south 01°18'34" west with the west line of the said 100.695
acre tract a distance of 2558.55 feet to a fence corner;
THENCE south 88°02'08" east along a fence a distance of 312.31
feet to an iron rod found at a fence corner for the most easterly
northeast corner of the said 100.695 acre tract;
i
THENCE south 01°01'00" west along an old fence line, passing at
497 feet the southeast corner of the said 100.695 acre tract and
the northeast corner of the said 40.691 acre tract, and continuing
along the sece course, in all, a total distance of 1026.32 feet to
an iron rod set for corner in the north line of Windsor Drive as
monument on the ground;
I
THENCE north 89°40'30" west with the raid north line of Windsor
Drive a dtstance of 1709.48 feet to an iron rod found in the cast
right-of-,vay line of F.M. 2164 (North Locust Street);
THENCE north LO°23'00" east with the east right-of-way line of
F.H. 2164 and the west line cf the said 40.891 acre tract, passing
at 565 its northwest -orner, same being the southwest corner of
the said 100.695 acre tract and continuing along the same course,
in all a total dish ,a of 1072.26 feet to an iron rod found at
an angle point in the aid line;
THENCE north 01°28'46" east continuing with the east right-of-way
line of F.M. 2164 and the west line of the said 100.695 acre tract '
Z-1626-JOE 811,F.W-PAGE ONE
I
I
Aosnda No ..ywL : iS~
Apenda3fem,~ ~s `f
Date _
9 C,17
a distance of 2526.52 feet to the place of beginning and enclosing
123.352 acres of land.
TRACT 2: All that certain tract or parcel of lend situated in the
8:871-6 C.R.R. Company Survey, Abstract No. 186 in the City and
County of Denton, Texas; the said tract being a part of the called
40.891 acre tract described in the deed from J. Newton Razor to
Jesse Newton Razor, et al recorded in Volume 541, Page 655 of the
Deed Records of Denton County, Texas; the said tract being more
particularly described as follows:
BEGINNING for the southwest corner of the tract being described
herein, at an iron rod set for the southwest corner of the said
40.891 acre tract, said point being in the east right-of-way line
of F.M. Highway 2164 (North Locust Street);
` THENCE north 00°23'00" east with the east right-of-way line of
F.M. 2164 and the west line of the said 40.891 acre tract a
distance of 410.97 feet to an iron rod set in the south line of
t Windsor Drive as monumented on the ground;
THF,NCE south 89°40'30" east with the south line of Windsor Drive a
` distance of 438.28 feet to an iron rod found in the west line of
I the tract described in the deed from Jesse Newton Razor, et Al to
Denton Independent School District recorded in Volume 535, Page
558 of the said Dced Records;
THENCE south 00°53'08" West with the west line of the said Denton
Independent School District tract a distance of 413.11 feet to an
iron rod found at an angle point in the south line of the said
40.891 arre tract;
THENCE north 89°19'00" west with the south line of the said 40.891
1 acre tract and along a fence part of the way a distance of 434.65
feet to the place of beginning and eneloafng 4.132 acres of land.
is hereby changed from Agricultural "A" District Classification
Use to Planned Development "PD" District Classification and Use
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas with the following conditions and dpecificattons:
i` 1. Sixty (60) feet of right-of-way shall be dedicated for Bell
Avenue.
2. Final utility layout, street alignment, curb cut and
driveway locations, and overall plane for access shall be
determined during the site plan approval and/or plat
processing stage.
3. The floodway/open space area (with exception of the drainage
channel), landscaped cul-de-eats and entries shall be
privately maintained. The City of Denton must review and
approve a written proposal or agreement outlining specific
maintenance responsibilities before building permits are
issued.
4. Duplexes fronting Windsor Drive shall be single story and
must conform with normal City of Denton zoning ordinance
requirements.
5. Single family section shall conform to SF-7 zoning ordinance
standards.
6. Unless otherwise approved as part of the PD proposal, the
multi-family section shall conform with Mr-1 zoning
ordinance standards.
7. Specific site plan approval is waived for all two family
and single family land use; specific site plan approval is
apendalte '
required for multi-family, neighborhood service and garden
home sections.
8. Pedestrian bridge extended across the flcode,a
by use of dam required for the detention pond, y~open apace
9. Sidewalks along both aides of Bell Avenue.
10 WindeorkDrive, sidewalks alongloone sidegofoall sInterior
I streets shall be required throughout the development.
It. The development shall conform with the approved PD concept
plan.
12. If 25 percent of the development, with a minimum of S
percent single -family, is not developed within five
years toning Gill reverr,to its previous agricultural A
classtEIcation.:
day of January,H196Sf asoaniAppendixntontheeCode f Ordinances 14th
the City of Denton, Texas, under Ordinance No. 69.1, be, and the
same is hereby emended to show such change in District Classifica-
tion and Use subject to the above conditions and specifications.
SECTION 11.
That
finds thseucChitcyangCoeunctiolInofactcheoCity withD a comprehensive eplan 1
Dcntone Texas,e And pwith treasonabggdle econsideration,f athe mong iother
things for the character of the district end for its peculiar
suitability or particular uses, and with A view to conserving the
value of the buildings, protecting human lives, and encouraging
the most appropriate uses of land for the maximum benefit to the
City of Denton, Texas, and its citizens.
SECTION Ill.
That this ordinance shall be In full force and effect immedi-
ately after its passage and approval, the required public hearings
having heretofore been held by the Planning and Zoning Commission
and the City Council of the City of Denton, Texas, after giving
due notice thereof.
PASSED AND APPROVED this the 17 'ti day of r/
1984.
CIl OF ENTON, TEXAS
ATTEST:
C Lt~,'TT A.LEN,~TY SEC ET-'A'RC'
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORH:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXA
BY C
J
PSZ Minutes
May 121 1993 ATTACINENT 5 Ageroalt8fk.__~~
Page 11
The five year CIP totals $172,000 in fiscal year 19 4,
$865,000 in 1995, $20,000 in 1996, $36,000 in 1997, and
$12,000 in 1998. No bond sales are anticipated during the
five yrar period.
During the Fall of 1992, the department contracted for a
consultant's study of the Fleet Services operation including
its systems, management, and operations. The studyte prelimi-
nary findings and recommendations are currently under review
by staff pursuant to a final report. Two of the study0s
probable recommendations would be for a new repair and
maintenance facility, and for a now equipment management and
information system.
Funding for the new repair facility was requested in the final
year 1995 Fleet Services CIP at a cost of $850,000. Funding
for the new equipment information system was requested at
$350000 in fiscal year 1994,
IV. Consider recommending an amendment to Planned Development No.
72, allowing for single-family detaohe4 located, north of
Windsor Drive, east of Locust Streot, and generally southwest
of Bell Avenue. The 15.174 acre tract is platted as Cooper
Landing, Section Four.
Staff Reports The staff report was given by Owen Yost. Mr.
Yost said that the applicant was Heritage Development Co. The
current owner of the property was Cooper Glen, Ltd. Mr. Yost
stated the requested action was to consider recommending an
amendment to Planned Development No. 72, allowing single-
family detached residential use according to SF-7 district
standards in the area platted as Cooper's Landing, Section
Four which is currently designated for duplex/4-plex use.
Fifteen notices were mailed to property owners within 200
feet, with no replies. Mr. Yost said that Planned Development
No. 72 was approved on 4/17/84. No detail plan would be
required because site plans for one and two family uses are
waived by ordinance 84-50. Prior to that date, the entirety
of the land in PD-72 was zoned Agricultural (A). The plat of
15.174 acres was approved in October, 1985. The lots support
SF-7 type use and utilize rear-entry design,
Recommendations Mr.. yost said that staff recommended approval
of Z-93-009 in light of the decrease in intensity. Staff '
also recommended that the provision of PD-72 be carried
forward, not requiring site plans ("detailed") for single-
family detached land use.
In-favors None
in oppositions None
I
ti
P&z Minutes Ap" No
May 120 1997 Apendaitert~ 5
Page 12 (ltie - ~'9
Mr, Glasscock moved to recommend approval of an amendment to
Planned Development No. 72
detachod residential use. Dr, Nuoyoeecondedrtheimotion with
the provisions as oitlined b
unanimously (7-0), Y stall. The motion carried
V.i VI. Direotors Report and Future Agenda items.
Frank Robbins gave the Director's report. He said the annex-
ation plan had been taken to Council during a work session and
they asked that it be brought back for final approval.
Trails plan was also discussed.
The
Mr. Robs
Parton gave a presentation to council band said that Todd
got e
response from Council. Staff was told to proceed lwithathe
planning of the Trails Plan.
Ms. Flemming asked if the Commission should discuss the
projects of the CIP and their priority. hat the ublic be.thectimeato make any changes h or r recomnendations1993 would
Meeting adjourned at 7:45.
i
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A0003M
/a.
it
f1\WD0rf0RD\HEAf1AG1.0 Venda N0.
Agenda item ,t? s ~ y 1~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
84-50 RELATING TO PLANNED DEVELOPMENT (PD) NO. 72 PLATTED AS
COOPERS LANDING SECTION FOUR LOCATED NORTH OF WINDSOR DRIVE, EAST
OF LOCUST STREET, AND GENERALLY SOUTHWEST OF BELL AVENUE BY
CHANGING THE DESIGNATED USE OF DUPLEX/4-PLEX ON THE CONCEPT PLAN TO
SINGLE-FAMILY RESIDENTIAL-DETACHED USE1 PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE,
WHEREAS, Heritage Development Corp, has requested an amendment
to PD-72, established by ordinance No, 84-50 to allow the develop-
ment of single-family residential-detached dwellings in lieu of
duplex/4-plex use; and
WHEREAS, on May 120 19930 the Planning and zoning commission
recommended approval of the requested amendment to PD-721 and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Planj NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION I. That the Concept Plan relating to Planned Develop-
ment (PD) No. 72 (Ordinance No. 84-50) be amended by changing the
designated use of Duplex/4-plex for Lote 1-18, Block i; Lots 1-11,
Block 21 and Lots 1-21, Block 3 platted as Coopers Landing, Section
4, to single-Family Residential-Detached uses,
SECTION II. That the portion of Condition No. 7 to ordinance
No. 84-50 relating to site plans is amended to substitute the terms
"detailed plan" for "site plan" in such condition.
SECTION III, That this ordinance shall repeal any portion of
Ordinance No. 84-50 in conflict herewith, but only insofar as the
portion of ordinance No. 84-50 shall be in conflicts and as to all
other portions of Ordinance No. 84-50 not in direct conflict here-
with, this ordinance shall be and is hereby made cumulative.
SECTION IV, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
Agenda
l(en~,~
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of 1993.
r
I
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY A RNEY
BY a
L-J
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aai
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II
apenCo Na
c~ e V-9,_-5
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the purchase of necessary materials, equipment,
supplies or services in accordance with the procedures of state law
I
and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma- +
teriAls, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the best responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
1487 1,7,8,10 DPC IND. INC. EXHIBIT A
1487 2,4, HARCROS CHEMICALS INC. EXHIBIT A
1487 3 DELTA DISTRIBUTORS INC. EXHIBIT A
1487 5,6 ADVANCE CHEMICAL DIST INC.EXHIBIT A
1487 9 FE 3 INC. EXHIBIT A
1495 ALL B10AQUATICS TESTING INC. $ 11,880.00
1497 ALL 0.1. ANALYTICAL $ 27,561.00
1501 ALL IBM $ 29,584.12
1505 ALL HOWARD MCANEAR EQUIPMENT $ 22,864.00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
y
+900(4 No C22 aid
4900daiteq- ~s lam!
i
SECTION III. That should the City and persons submitting ap-
proved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions, spec-
ifications, standards, quantities and specified sums contained in
the Bid Proposal and related documents herein approved and
accepted.
j SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein,
SECTION V. That this ordinance shall become effective imme-
dietary upon its passage and approval.
PASSED AND APPROVED this day of , 1993. 1
BOB CASTLEBERRY, MAYOR
ATTEST: I
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
NendsNo _ 93 - 0~8
AgMilem 1-9S
%is
EXHIBIT A I
BID # 1487 WATER TREATMENT CIII'3NICALS
r-~ 1
/ ITEM VENDOR
i COST
I
1. Liquid Chlorine DPC Ind. Inc. 339. ton
2. Sodium Hexametaphosphate Harcros Chemicals Inc. .5948 #
3. Sodium Silicofluorlde Delta Distributors Inc. .273 #
4. Tetrapotassium Pyrophosphate Harcros Chemicals Inc. .7725 #
5. Liquid Caustic Soda Advance Chemical 179. ton
Dist. Inc.
6. Liquid Caustic Soda Advance Chemical 325. ton
(Rayon Grade) Dist. Inc.
7. Potassium Permanganate DPC Ind. Inc. 1.34754
8. Anhydrous Ammonia DPC Ind. Inc. .2025 #
9. 50 % Liquid Ferric Sulfate FE 3 Inc. 104. ton
10. Sulfur Dioxide DPC Ind. Inc. 557. ton
Agenda No - 93 - 0-d
Agendalf ~ S ~ ~ A
DaIVAIL Juno~1/ X1/993
CITY COUNCIL REPORT 7D /9
TO: Mayor and Members of the City Council '
i
FROM: Lloyd V. Harrell, City Manager
1
SUBJECT: BID f 1487 - WATER TREATMENT CHEMICALS
RECOMMENDATION: Council approve award of Bid #1487 - Water Treatment
Chemicals to the low bidders meeting specifications as shown on Exhibit A. This bid
is for a one year period with an option for renewal if both parties are in agreement.
Annual estimated purchases for all Items combined are $371,000.00.
SUMMARY: This bid is for the price comparison of Water Treatment Chemicals used
in Water Production, Wastewater Treatment, and Electric Production applications.
Item 8 (Anhydrous Ammonia) Is being awarded to DPC Industries, Inc. on the basis
that the chemical should be NSF60 certified and the two lower bids do not meet this
requirement.
BACKGROUND: Tabulation Sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Production, Wastewater
Treatment, Electric Production.
FISCAL IMPACT: Purchases made for these chemicals by the using departments will
be charged against budgeted funds available in their chemical accounts.
Ile
espectflrily submitted:
"U'lo"yd o. Harrell
City Manager
Prepared by.,
i
Name: Melanie Harden
Title: Buyer
Approved:
0, i
Name: Tom D. Shaw,C.P.M. ~
Title: Purchas'ng Agent
Agan6~.315
i
I I I I
I I I 1
BID f 1487 (Pg 1 of 21
BID NAME Water Treatment Chemicals } DELTA I RHODES I AMMONIA I HARCROS ( SKYHAWK 1
DISTRIBUTORS I FERTILIZER } SERVICES } CHEMICALS I CHEMICALS I
OPEN DATE April 22, 1993 I INC } CO, INC I INC I INC I INC I
1 _I
f (QUANTITY( DESCRIPTION I VENDOR VENDOR I VENDOR 1 VENDOR I VENDOR I ~I
1 1
1 1 200 (Liquid Chlorine I NIB NIB I NIB I $349 TN I NIB
tone 1 I I I 1
I I ~
2 j 150 (Sodium Hexametaphosphate 1 .59 LB } NIB I NIB I .5849 LB NIB
I I
bags I I I I 1 {
I
3 1 45,000 ISodiu[n Silicofluoride 1 .273 LS I NIB I NIB { .2956 LS I N/B
1 The I I I I i I
4 1 1,000 ITetrapotassium Pyrophosphate I 80 LB I N1 13 I NIB j .7725 LB i N/B 4
I
las j ± I t
5 1 $00 ILiquid Caustic Soda } $132.20 TN } NIB I NIB } $200.88 TH i $262.25 TN
1dry tonal I I 1 1
6 1 120500 (Liquid Caustic soda 1 $330.00 TN 1 NIB I NIB I $370.40 TN j .226 LB
(dry The I (Rayon Grade) .2550 LS R j
k
7 1 30,000 IPotasslum Permanganate Tech } NIB I NIB I NIB I 1.3574 LB i NIB '
1 lbs 1 Grade Free Flowing I I j j I
I I I
8 1 72,000 (Anhydrous Ammonia } NIB 1 .13 LB 1 .17 LB { NIB NIB
1 lbs 1 Premium Grade I 1 I I I
4 1 764 1504 Solution Liquid I NIB I NIB I NIB 1 NIB i N 1
(wet tonal ferric Sulfate I I 1 ( 1
I I k 1 I
10 1 100 ISulfur Dioxide I NIB 1 NIB I NIB I $600.00 TH j 8
tone I I I I ; !p
1 I Deliveryi 1 1-2 DAYS 1 2 DAYS j 3 DAYS 1 3-5 DAYS I A I
DRUM PRICING ~ 0
BID 1 1487 (Pg 2 of 2) I ADVANCE I DPC I Fe 3 MIDLAND } ARKLA !
BID NAME Water Treatment Chemicals I CHEMICAL I INDUSTRIES ! INC } RESOURCES I CHEMICAL l
OPEN DATE April 22, 1993 I DIST, INC ! INC 1 ! INC I CORP I
_I ! I I I I
1 !QUANT.ITYI DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR !
1 1 200 !Liquid Chlorine } NIB 1 1339.00 TN I NIB I NIB I $450.00 TN 1
1 tone { 1 I I I I I
I 4 I I 1 I I I
2 1 150 ISodlum Nexametaphosphate 1 NIB I .5985 LB 1 NIB I NIB I NIB 1
l bags I I I I I I I
I { I I I ! I I
3 1 45,000 ISodlum Silicofluoride 1 NIB ! .2784 LB 1 NIB j NIB I NIB l
1 I I I I ! I
1 The
! I I 4 I I ! I
4 1 1,000 ITetrapotassium Pyrophosphate I NIB I .1925 LB I NIB I NIB I NIB I
F 1 The 1 I I ! I I I
1 I I I I I i !
5 1 500 (Liquid Caustic Soda 1 1179.00 TN I 1214.95 TH I NIB I NIB I 1227.40 TN I
ldry tonal I I I ! ! I
6 1 12,500 ILLquid Caustic Soda j 1325.00 TN 1 1440.00 TH I NIB I NIB I NIB 1
(dry lbs I (Rayon Grade) I .105 LS j I I !
I I I I I I I
7 1 30,000 1Potaselum Permanganate Tech 1 NIB I 11.3415 LB 1 NIB 1 NIB l NIB !
E 1 lbe j Grade Free Flowing 1 I j 1 I
8 1 72,000 lAnhydrous Ammonia 1 N/B I .2025 LB 1 NIB I NIB I NIB
I The I Premium Grade I I I I I
I I I I I I I I
9 I 764 1504 Solution Liquid 1 NIB 1 NIB I 1104.00 TN l 1158.64 TN
Iwet tonal Ferric Sulfate I I I I I IOgRT
10 1 100 18ulfur Dioxide l NIB ! 1557.00 TN I N/ 13 l NIB 1 N g
I tons 1 1 1 I I I
Delivery$ I~ 3 DAYS l 2-3 DAYS j 1 DAY 1 3 DAYS 1 Y
DA PRICING
h ~ 1
,
NO BIDSi Pro-Chem, Chemcentral, Rhone-Poulenc Basic Chemicals Co
7
Agonda No 9_e,~
Agenda ►tem,_,,,_,f.s__
CITY COUNCIL REPORT fG!
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1495 - TOXICITY TESTING
RECOMMENDATION: We recommend this bid be awarded to the low bidder,
Bioaquatics Testing, Inc. at an annual amount of $110880.00.
SUMMARY: This bid Is for testing the chronic toxicity of effluent and receiving
water at the reclamation plant, using approved methods of the U.S.E.P.A. This
testing is required by the permit regulating waste water emissions. This contract
for testing will be done monthly for a period of one year, with a one year extension.
Four bid proposals were received in response to four bid packages mailed.
BACKGROUND: Tabulation sheet, Memorandum from Jim Coulter, May 12, 1993.
FISCAL IMPACT: Budgeted funds for 1993 Waste Water Laboratory account # 625-
082-0481-8502 with an appropriation balance of $4,151.70 (4 months remain In 1993.
Estimated expenditure of $3,960.00)
Respect ly subndtted:
Ll y rre 1
City Manager
Prepared by.
~~ti-wc.l~`~p_v y~
Name: Denise Iferpoo]
Title: Senior Buyer
Approved:
Name: Tom Shaw, C.P.M.
Title: Purchasing Agent
apanda. A9
l
I
BID # 1495 I I I I I
I I I I I
BID NAME TOXICITY TESTING I HUTHER & 1 SIO AQUATIC I TRAC {EA ENGINEERING
1 ASSOCIATES I TESTING I LBORATORES SCIENCE & f
OPEN DATE l:AY 4, 1993 I I I I TECHNOLOGY 1
# IQUANTITYI DESCRIPTION 1 VENDOR 1 VENDOR I VENDER I VENDOR 1
I { I I I
-1-1
I I I I I
1. 1 12 MO 1MONTHLY COST FOR CHRONIC j $520.00 I $495.00 I $595.00 I NIB
1 1TESTING OF CERIODAPHNIA DUSIA 1 I I I I
~ 1 I I I I I
I 2. { 12 MO 1MONTHLY COST FOR CHRONIC I $515.00 1 $495.00 I $590.00 1 NIB j
I ITESTINO OF PIMEPHALES I I I I I
I I I I I I I
1 1 I I I S I
1 I I I I I I
U
cp
F
i
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v
Agenda ftK'-LLV.1
i;- 7:;n Late G-/- 93
MY of DENTON, TEXAS WATER RECLAMATION PLANT / 1100 MAYNILL ROAD / DENTON, TX 76208 ~
MEMORANDUM
TO: Denise Harpool, Purchasing Agent
FROM: Jam Coulter
DATE: Miy 12, 1993
REs Toxicity Testing Bid
aam■as.aaam....aaa....am.aa.aa..saaf ms sam.mxm.a.eaa.f.amma..afaaa
I recommend we accept the bid provided by Bioaquatice Testing, Inc.
for the performance of Toxicity testing associated with our NPPES
permit requirements for the Pecan Creek Water Reclamation Plant.
If you have any questions concerning this matter give me a call,
m Coulter
Env. Services Administrator
1
8171383.7520
AQW&No X13 -c~i S'
ApeodaRr•~?~~s
0310ATE: June 1,,,1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council l/
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID s 1497 - TOTAL CARBON ANALYZER
i
i RECOMMENDATION: We recommend this bid be awarded to the low bidder, O.I.
Analytical in the totes amount of $27,561.00.
SUMMARY: This bid is for the purchase of a Total Carbon Analyzer. This equipment
j will be capable of measuring total organic, inorganic and purgeable organic carbon
in water, waste water and sludge samples from the water reclamation plant.
Two bid proposals were received In response to three bid packages mailed.
BACKGROUND: Tabulation Sheet, Memorandum from R. E. Nelson and Public Utility
Board meeting minutes recommending approval.
FISCAL IMPACT: Budgeted Bonds funds for:
Account # 673-082-RB92-Y301-£107 balance is $ 20,000.00
Account # 662-081-RB89-X301-9107 balance is $ 10,000.00
Resp "y sub tted:
oyd . Har 1i _
City Manager
Prepared by.,
Name: Denise Harpool
Title: Senior Buyer
Approved:
';Zama.: Tom . Shaw, C.P.M.
' Title: Purchasing Agent
l
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ApeedaNo.
Agenda Item S A
BID A 1497 Date 6 - 93
I II I ~ / J
I I + {
BID NAME TOTAL CARBON ANALYZER IO.I. ANALYTICALI SHIMADZU I
OPEN DATE MAY 4, 1993 I I I
I I I
I IQUANTITYI DESCRIPTION I VENDOR J VENDOR I
_I I I I I
I I I I I
1. I 1 I TOTAL CARBON ANALZER WITH 1 $27,561.00 I $29,230.00 I
I AMPULE CAPABILITY AND I I
ACCESSORIES I
I t ! I
I I DELIVERYt I 30-45 DAYS f 30 DAYS I
f ~ f f {
I I I I I
M'aY-25-'93 TUE 16:32 SD: ITY OF DENTON UA TEL ND:817-566--812%etaNO ase4 Pal vg-[^/r
AgendallonL A?k!;
date- c J 3
May 17, 1993
Public Utility Board
Agenda Item
TOS CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROMS R.E. Nelson, Executive Director of Utilities
SUBJECTS CONSIDER APPROVAL OF BID 61497 TO O.I. ANALYTICAL IN THE
AMOUNT OF $27,561.00 FOR THE PURCHASE OF A TOTAL CARBON
ANALYZER.
RECOMMENDATIONS
The Utility staff recommends approval of low bid in the
amount of f37,.56i for the purchasa of a total carbon
analyzer,
BACKGROUND\SUMMARYS
The Municipal Laboratory is replacing an existing carbon
analyzer purchased In 1981. The existing unit is no
longer in operation and parts to fix the instrument are
unavailable. Total organic carbon testing is required
for landfill regulatory compliance, raw water
characterization, finished water characterization and
sludge analysis.
PROGRAMMEPARTMENT OR GROUPS AFFECTEDS
Citizen of Denton, City of Denton Public Utilities
FISCAL IMPACTS
The FY 1993-93 Cap!4;0 Improvement Plan provides $35,000
of funding combined it, ;480 and 0481 for the replacement
of laboratory instrumentation.
Res ctfull s milted,
.E. Ne son,
Executive Director of Utilities
FILESC1\wP3l\PUBAGEND\TOCBID93
May 25 193 15:34 ITY OF DENTON UA rPAGE,001`
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MRY-25-'93 TUE 16t29 TD: ITY OF DENTON UA TEL NO:B17 566-61222 4503 P03
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Agenda No._ ___.3 zalu-E
Agenda lteti~.s G R
tote _ G
PUBLIC UTILITI S HOARD MINUTES
May 17, 1993
t
I
The following Item was considsreds
3. CONSIDER APPROVAL of BID #1497 To I. 0. ANALYTICAL IN THE
AMOUNT OF $27,561 FOR THE PURCHASE OF A TOTAL, CARBON ANALYSER.
Martin presented this item. After extensive discussion, Laney
wade a motion to approve Itew #3 as presented. Second by
Clark. All ays3, no nays, notion carried,
pub excerpt
d~17~93
MRY 25 193 15131 w 1 TY OF DENTON UA PAM. W3
ApsedaNa ~ `jam
Apendalfe L!% 10"
(ATE: JUNE t 1993
i Y ~9
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1501 - IBM RISC/6000 WORKSTATION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, IBM
in the amount of 29,584.12.
SUMMARY: This bid Is for the purchase of an IBM RISC/6000 Workstation with
software and first year maintenance included. This workstation is for the
Water/ Wastewater Utility G1S System. It will compliment the one existing work
station and be utilized for GIS Conversion and Analysis, Water Distribution System
Analysis, and Waste Water Collection Analysis.
Data Processing Advisory Board recommen9s approval.
BACKGROUND: Tabulation Sheet, Minutes from Data Processing Advisory Board
dated May 24, 1993.
h PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED. Information Services and
WaterlWastewater Utility.
FISCAL IMPACT: 1992-93 budget funds for Capital Equipment Office Maeldnes
Account 0620-081-0463-9103 balance Is $15,237.50
Account #625-081-0472-9103 balance is $19,211.20
Account #625-082-0472-8502 balance is $100952.22.
ResP y subm tted:
Lloyd V. arrell
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
spend.. J a I
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BID t 1501
~ ~ I I
BID NAME IBM RISC/6000 WORKSTATION I IBM I ENCORE j WORLD DATA 1
I I TECHNOLOGY I PRODUCTS 1
OPEN DATE MAY 4, 1993 I I GROUP 1
/ IQUANTITYI DESCRIPTION I VENDOR I VENDOR I VENDOR 1
-1-1-
1. I I
1 I I I I I I
1 1 (HARDWARE (IBM RISC/6000 MODEL 1 $250699.00 I ( (25,850.00 1
1 1370 OR EQUAL) I I I i
3. 1 10PERATING SYSTEM 1 $3,885.12 1 1 $3,963.00 1
3. I YR (ANNUAL MAINTENANCE COST 1 YR INCL'D DISPLAY $15951 INCLUDE i YR 1
1 IIN ITEMS 1& 2 1 1 WARRANTY 1
I 1 1 SEE BID I TAPE $795 1 SEE BID 1
I I I I I I
I 1 I I I I
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A~endacterrL~t'S ~'`G fJ
MINUTES OF
DATA PROCESSING ADVISORY BOARD
MEETING OF MAY 24, 1993
MEMBERS PRESENT: Jim Kuykendall, Don Edwards and Robert Minnis
MEMBERS ABSENT: Brian Scott and Rosa Lawton
OTHERS PRESENT: Gary Collins and Glen Gary
Don Edwards made a motion the ninutes from the April 19, 1993
meeting be approved as written. bob Minnis seconded the motion and
i passed unanimously.
"Gary Collins explained that the Water/Wastewater Depart was
1 requesting a second RISC/6000, to supplement their ,r;r•,•sion `
efforts and to enable them to migrate their maintenance systems
from PC's to the GIs Network. Glenn Gary explained that currently
the Water/Wastewater Department has one RISC/6000 and that they
have almost completed the conversion of their sewer system to GIs,
but are now starting on the water system which is far more
extensive and complicated. Glenn Gary estimated it would take 2
1/2 to 3 years to convert the water system using the one RISC/6000.
Glenn Gary stated that by adding this additional RISC/6000, they
could speed up this conversion process and they had staff trained
and capable of using this equipment, to convert the water system in
a morn timely fashion. Glenn Gary also stated that currently they
are in a state of flux between using paper maps and digitize maps.
Glenn Gary outlined that currently they have a maintenance
management and engineering analysis system that is PC based and is
not compatible with the GIs system, but use~a a different Data Base
than the GIs system. Glenn Gary explained that the new RISC/6000
would allow them to convert the maintenance management and
engineering analysis system to GIs and a single common data base.
Gary Collins explained that the Water/Wastewater Department had
gone out to bid for a RISC/6000 and received responses from IBM and
world of Data. The bid from IBM of $29,584.12 was the low bid by
$28888. Gary Collins explained that funding for this RISC/6000
was in the Water/Wastewater Department's operating budget and was
not part of the Capital budget approved for GIs. Don Edwards made
a motion that the Advisory Board recommended the city purchase a !
RISC/6000 from IBM. Bob Minnie seconded the motion and it passed /
unanimously.
1Gary Collins explained that the next item was the annual renewal of
the software License agreements with IBM for the operating system
software for the IBM mainframe. Gary Collins explained that this
was proprietary software and was available only from one source.
Bob Minnie asked if this was increase over last year and Gary 1
Collins explained that th9 $90,460.78 represented a 3% increase
over last year in software costs. Bob Minnie made a motion the
I,
I
Agenda tterrL-
Board recommend the city renew its Software License agreement wiO
IBM. Don Edwards seconded the motion and it passed unanimously.
4 Gary Collins explained the next item was a continuation of our
Hardware maintenance agreement. The upcoming year is the last year
of a 5 year agreement which limited annual increases to 38. Don
Edwards made a motion that the Board recommend the city renew this
agreement for another year. Bob Minnis seconded the motion and it
passed unanimously.
Under new business, Gary Collins explained the Board did not need
to take any action on this item, but the city was planning on
acquiring a HP Design Jet Color Plotter for $9,286.00. Gary
Collins explained that originally the city had budgeted $30,000 to
acquire an Electrostatic Monochrome Plotter for the GIS project.
j By waiting for the technology advances, the city would now be able
to get a Jet Ink Plotter at approximately a third of the cost.
Gary Collins stated that this plotter would print a standard E size
map in 15 minutes versus 3 hours on the Pen Plotters. Bob Minnis
asked how the supply and maintenance costs compared, and Gary
Collins responded it would be approximately 1/8 of the
Electrostatic Plotter's cost. Since no action was needed on this
item none was taken.
Next Gary Collins presented Jim Kuykendall with a wall plaque,
thanking him for his dedicated service to the Data Processing
Advisory Board from 1986 to 1993.
There being no other business the meeting was adjourned.
f
O~
Agenda No S'
- ~
ApidalteRL- S ;ee~,
[ ~NATE:_-I5lNU.s-D93
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1505 - LEASE OF SCRAPER AND DOZIER
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Howard
McAnear Equipment Company as listed:
Item 1 D8L Dozier $10,000 per month
Item 2 623B Scraper $10,000 per month
i Item 3 Delivery and Pickup Charge $ 20864.00
Total Expenditure $22,864.00
SUMMARY: This equipment will be utilized for excavation and liner wall construction
at the Landfill. Existing equipment Is smaller than the equipment being rented and
will continue to perform the normal refuse disposal operations.
The 30 day time period is estimated to be sufficient to excavate the necessary area
and to construct the liner as specified by Texas Water Commission and E.P.A.
The tractor offered by A.I.S. Continental does not have a ripper attachment.
BACKGROUND: Tabulation Sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill
Operations.
FISCAL IMPACT: 1992-93 funds budgeted for hire of equipment account #630.024-
0803.8509 account balance Is $23,568.00.
Respectfully submitted:
Ll y V. ai e 1
City Manager
Approved:
ame: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
agenda. 300
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BID 1505 I I I
# I I I
BID NAME Lease of Scraper 6 Dozier I HOWARD DARR AIS T-K-O NO BID
I
~ MCANEAR I EQUIPMENT CO I CONTINENTAL ~ EQUIPMENT CO I
OPEN DATE May 18, 1993 I EQUIPMENT CO I I I
# IQUANTITYI DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I I
I 1_ _1 I 1 4
1 } 1 ILeaee of Dozier (per month) $10,000 I $13,500 I $8,500 ;11,500 INERTZ EQUIPMENT(
Make: I CATEPILLAR I CATEPILLAR I XOMATSU { CATEPILLAR I I
Models I DSL I D8N D135A I DSL I CONLEY-LOTT I
1 I NICHOLS I
2 1 1 ILeaee of Scraper (per month) I $10,000.00 I $9,000.00 I I $110500 { I
Make, I CATEPILLAR I CATEPILLAR I NO BID I CATEPILLAR I I
I Model, I 6238 I 6238 I I 623 I I
i~ I I I
3 1 1 (Delivery Charge $716.00 } $945.00 I $700.00 I -0-
I {
4 1 1 (Pick Up Charge I $716.00 I $945.00 I $700.00 I -0= I l
I 1 I _ - -
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I I I JI I
{ I Availability, I S.T.A. I S.T.A. I IMMEDIATE I JUNE 20 1993 I I
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ORDINANCE N0. 61"
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, pursuant to Resolution 92-019, the General Service
Commission has solicited, received and tabulated competitive bids
for the purchase of necessary materials, equipment, supplies or
services in accordance with the procedures of state law in behalf
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described materials,
equipment, supplies of services can be purchased by the City
through the General Services Commission purchasing programs at less
cost than the City would expand if bidding these items
individually; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECT ____'ON_I, That the numbered items in the following
shown number
in he 8'BIdrP oposals,, attached hereto, are hereby and approved as being the .lowest responsible bids for such itemst
PURCHASE
ORDER ITEM
NUMBER NO VENDOR
AMOUNT
34597 ALL
GOLDTHWAITES OF TEXAS $ 16,470.00
SECTION That by the acceptance and approval of the
above numbered items of the submitted bids, the City accepts the
offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies
quantities
andofornthewspecified esums contained tinnthesBiddInvitationsAB Bid
Proposals, and related documents.
Awds No 3 -
Ageoda itrL~~- '5
mte. 4=.i- ~3
SECTION III. That should the City and persons submit` q
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the
s above numbered items of the submitted bids, the City Council hereby
j authorizes the expenditure of funds therefor in the amount and in
accordance with the approval bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this day of _ 1993.
BOB CASTLEBERRY, MAYOR
ATTESTI
JENNIFER WALTER:;, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMI
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYl
did, doe
Agenda
lterr~
MATE:'- une ; 'f~J93
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER # 34597 - GOLDTHWAITE'S OF TEXAS INC.
lam, RECOMMENDATION: Council approve Purchase Order #34597 to Goldthwalte's of
Texas, Inc. In the amount of $16,470.00.
I
SUMMARY; This order is for the purchase of two 72" riding deck mowers for the
Utilities Ilepartment/Wastewater Treatment Division. These are motorpool
replacements approved In thq 193 budget process. The purchase of these units will
b
Government code states that a e made using the cooperative Purchasing Program of the State of Texas, The Local
use of a state contract satisfies local the state law requiring making competitive bidstfor the
purchase.
BACKGROUND, ND; Purchase Order #34597.
PROGRAM.S DEPARTMENTS OR GROUPS AFFECTED: Motorpool and Wastewater
Treatment
FISCAL IMPACT: The total of $16,470.00 will be funded from budgeted funds as
ollows
Motorpool Funds #625.082-0470-6508 $14,641.00
Budget Funds #625-082.0470-9104 $ 1,529,00
*loyvdV. y su tt d:
arrel l
City Manager
Prepared by:
Fgo] Me - A
ame: a Harn-
Title: Buyer
{lpproved
amet Tom D, Shaw,C,p,M,
Title: P+:rchasing Agent
I I I I J IJ N w-. . L e v r..,
CONFIRMING ORDER XX% PURCHASE ORDER NO:
{IF MARKED) Thisnumber must appear on all
00 NOT DUPLICATE invaces, delivery slips, cases,
ctns, bastes. packing slips and bills
Req No Bid No Dale 05 21 93 Page No. 01
VENDOR PURCHASING Dl VISION 1901 B TEXAS STREE r !DEN TON, TEXAS 76701
NAME/ GCLDTHJAI TEs S 81713837100 0'FINMETR0 91 7126 7 0047 FAX81713874697
ADDRESS 1401 FOLK CONFIRMATION ONLY C14
DELIVERY FLEET SERVICES
FT WORTH TX 76107 ADDRESS 804 TEXAS
DENTON• TX 762UI
1
VENDOR NO, IGUL56000 DELIVERY QUOTED 06 30 93 FOB DESTINATION TERMS
001 1.000 EA VENDOR C r N / A MFG NAME 8.235.011 B•23S•Ou
CITY 1 84635
RIDING LAWN MOWER WITH DIESEL MOTOR* HYDROSTATIC TRANS-
MISSION AND 72" ROTARY MOWER DECK (FRUNT MOUNTED)
EMIS 8008745
002 10000 EA VENDOR CAT A N / A MFG NAME 6.706.000 6e706.OG
STY 1 51535
RIDING LAPIN MOWER WITH DIESEL MOTOR• HYDROSTATIC TRANS-
MISSION AND 72• ROTARY MOWER DECK (FRONT MOUNTED)
EMIS 10081589
003 1e000 EA VENDOR CAT• 1 N / A MFG NAME 1.529.000 1•Fi29.Ol1
CITY M 51b35
***BALANCE OF FUNDING FOR ITEM 2 ABOVE***
PAGE TOTAL S 1 • 70
01 0
625 082 0470 6508 RAND TOTAL I 1 • 70 00
02 625 082 0470 9104 1lsS29.00 \
I
L- L
VENDOR INSTRII T NS; 3 Terns - Nei 301Unlim othwrim roeulmd I
1 Send orlginal Invoice with duplicate copy 4 Shipping Instrucims F 08 Deslinallon prepaid lUnw.e od•rwiee kwcoodl }1 n P-Aurc 2 Bill to - Aceanls Payable 6
No le&ifal or slate sales lax shalibe included 215E McKinney St in prices blind
Demon, TX 10201 hasing Divlsbn
II
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 8 TO A
CONTRACT BETWEEN THE CITY OF DENTON AND GRACON CONSTRUCTION
COMPANY; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, on July 21, 1992, the City awarded a contract for the
construction of certain improvements to Gracon Construction company
in the amount of $8,647,000.00; and
WHEREAS, the City Manager having recommended to the council
that a change order be authorized to amend such contract with
i respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Change Order No. 8 to the contract between the
Citytoand$ Construction
r
of Thirty aFourcopy Thousand which
Four attached Hundred
Twenty-Pour and 00/100 Dollars ($34,424.00), is hereby approved and
the expenditure of funds therefor is hereby authorized.
,ACTION II. That this ordinance shall become effective im-
mediately upon it passage and approval.
PASSED AND APPROVED this day of
r 1993.
BOn CASTLE
BERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
r BY:
1
IL7
i
Agenda 11elr<<___
Ll~It?ATE: June 1, 1993
CITY COUNCII, REPORT
TO:
Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER #26052A - GRACON CONSTRUCTION CHANGE
ORDER #8
RECOMMENDATION: We recommend Change Order #8 in the amount of $34,42.1.00 to
Construction Company for t
Contra he Waste Water Treatment Plant Improvement
Contract be approved.
SUMMARY: This change order provides the pil Ing, manholes, instrumentation and
electrlcaalwork necessary to meter two side strc am flows onsite. One is the 18+' Belt
Press Filtrate and Digester Supernatant Line and the Filter
Backwash ]Ina. The c other is
han e order also protii~ d for the replacement of the
e existing
BACKGROUND:
(Excerpt from memorandum prepared for PUB by R.E. Nelson,
Executive Director of Utilities,)
During the early months of project review, it was the design intent to meter all new
sidestream flows for greater plant operational efficiency. Subsequent design review
during construction revealed that the new 18 Belt Press Filtrate Line was not
metered. During construction It was also found that the 12+' Filter Wash Sidestream
Meter was not functioning accurately because of the excessive water turbulence and
surcharge in the filter effluent manhole. To correct the problem, this meter needs
to be moved to a more suitable location In this line. Also, the existing Plant Effluent
Meter at the new Dechlorlnation Basin has not functioned accurately duo to sensitive
electronic temperature variations and deterioration due to Chlorine Gas evaporation
in the past several years of operation. An Improved type meter is required,
Design changes for this Change Order have been provided at no extra cost to this
Contract by the Engineer.
The sidestream flow metering will allow the Operators to accurately measure the
Nitrogen loading In the plant influent since most sidestreams recycle through the
plant treatment process. The Operators can then accurately determine how many air
blowers to turn on to burn off excess Nitrogen to meet Texas Water Commission
Permit requirements M milligrams per liter) or to satisfy cooling water regrriornents
for the City Steam Plant ((0,5 Milligrams per liter). and amount o blowertair need detPolsatisOfyenitt ogenarequuirementstfordtherTex sl Water Commission f
and the City Stream Plant, n
A Payback Analysis is attached showing that a saving of approximately $52,780 per
year for the Wastewater Treatment Plant and $14,378 per year for the City Steam
Plant will result from approving this Change Order.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities
astewater D v slon, end Gracon Construct on Company,
1
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AgenoaNo
AcWaitem,_z?-1-5 Pl 1 C~
Ck? to - ~ -
CITY COUNCIL REPORT
JUNE 1, 1993 /
PAGE 2 OF 2
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities
Wastewater Division, and Gracon Construction Company.
FISCAL IMPACT: Funds will be taken from Utility Revenue Bonds for Wastewater
Treatment Plant Improvements Account # 674-082-RB93-U102-9101.
Original Contract Amount: $8,697,000.00
Previous Change Order amounts:
#1 6,125.00
#2 9,640.99)
#3 $ 2,982.00
#4 4,950.83)
#5 $ 710187.00
#6 $ 9,980.00
THIS CHANGE ORDER #8 $ 6,196.00
39 424.00
TOTAL CHANGE ORDERS $ 1049052.20
Revised Contract Amount $80751,052.20
~ectfullll~submitted:
Lloyd V4 Harrell
City Manager
Approved:
Name. Tom D. Shaw, C.P.M.
Title: Purchasing Agent
ACCFiCA. 711
ApsrdaNo
AGerdalfer4
(hie_Juna-3,_1993
CITY COUNCIL REPORT FORMAT 'l
T0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM. Lloyd V. Harrell, City Manager
SUBJ: Consider Approval of Change Order No. 8 in
the Amount of $34,424.00 to Gracon
Construction Company for the Wastewater
Treatment Plait Improvement Contract
i
RECOMMENDATIONS:
Tile Public Utility Board and Utility Staff recommend
that the city Council approve the attached Change Order
No. 8 for $34,424.00.
SUMMARY:
This Change Order will pYav.ide for the piping,
manholes, meters, instrumentation and electrical work
necessary to meter two sidestream flows and one
effluent flow at the Wastewater Treatment Plant Site. 1
One sidestream metering instrument is for the new 18"
Belt Press Filtrate/Digester Supernatant Line. The
other sidestream meter is a replacement meter for the
existing 12" Filter Backwash Line. The third meter is
a replacement meter for an existing Plant Effluent Flow
Meter at the Dechlorination Basin.
BACKGROUND: i
During the early mon';hs of project review, it was the
design intent to meter all new sidestream flows for
greater plant operational efficiency. Subsequent
design review during construction revealed that the new
18" Belt Press Filtrate Line was not metered. During
construction it was also found that the 12" Filter Wash
Sidestream Meter was not functioning accurately because
of the excessive water turbulence and surcharge in the
filter effluent manhole. To correct the problem, this
meter needs to be moved to a more suitable location in
this line.
~g8ndaN0
Apidatte
Also, the existing Plant Effluent Meter at the new .5
Dechlorination Basin has not functioned accurately due
to sensitive electronic temperature variations and
deterioration due to chlorine Gas evaporation in the
past several years of operation. An improved type
meter is required. i
Design changes for this Change Order have been provided
at no extra cost to this Contract by the Engineer.
The sidestream flow metering will allow the Operators
to accurately measure the Nitrogen loading in the plant
influent since most sidestreams recycle through the
plant treatment process. The Operators can then
accurately determine how many air blowers to turn on to
burn off excess Nitrogen to meet Texas Water Commission
Permit requirements (<3 milligrams per liter) or to
satisfy cooling water requirements for the City Steam
Plant (<0.5 Milligrams per liter).
In past years, the Plant Operators have guessed at
sidestream flows and arAount of blower air needed to
satisfy nitrogen requirements for the Texas Water l
Commission and the City Steam Plant.
A Payback Analysis is attached showing that a saving of
approximately ;52,780 per year for the Wastewater
Treatment Plant and $14,378 per year for the City Steam
Plant will result from approving this Change Order.
PROGRAMS, GROUPS, AND DEPARTMENTS AFFECTED:
Citizens of Denton, Denton Municipal Utilities and
Gracon Construction Company.
FINANCIAL SUMMARYt
Alan Plummer and Associates Engineer's Estimate 5111000,000
i
Original Contract Amount (Gracon Construction Co.)$8,647,000
New Increase or Decrease in Contract Amounts:
Previous Change Order No. 1 61125.00> j
Previous Change Order No. 2 9,640.97>
Previous Change Order No. 3 $ 21982.00
Previous Change Order No. 4 4,950.83> J
Previous Change Order No. 5 $710187.00
Previous Change Order No. 6 $ 9,980.00
Previous Change Order No. 7 $ 60196.00
This Change Order No. 8 $340424.00
I
A4endaNo.____~2,1 rQL~...,..
ACendait~
rete c/, - / 3
Total of Change orders $ 1041052.2
i
Revised Contract Amount $ 81751,052.20
Net Change in Contract Time 0 Calendar Days
Rovised Contract Completion Time 730 Calendar Days
Percent Change orders per Original Contract Amount 1.21
Respe u y/l4,q~(yEted
I''
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Lloyd V. Harrell
City Manager
Prepared by:
AVO 4V~~
C. David Ha , P.E.,
Manager of Construction Projects
Approved by:
R. E. Nelson, Exec tive Director
Utilities Department
i
Exhibit is Payback Analysis
Exhibit 11: Change Order No. 8
r
A(Mda No Agenda *t _ *L- ,5A C
ate ~ - /-9{/3
PAYBACK ANALYSIS 'f i1
The Pa ek question has the fol:owing rational. When the City
of Denton Steam Plant uses acceptable low nitrogen level effluent
(<0.5 mg/1) from the Waste Water Treatment Plant for cooling
water purposes, it uses an average of 2600000
galls
a cost of $100/month facility charge plus $1.10 pernthousandy at
gallons or $290.00 per average day. If the nitrogen level is not
low enough, the Steam Plant will not take the Wastewater
Treatment Plant effluent but will take raw water from the Water
Treatment Plant. At a cost of $142/month facility charge plus
$1.40 per thousand gallons times 260,000 average gallons per day,
the raw water cost to the Steam Plant is $369 perage
The Steam Plant loses a difference of $79.00 perrdaYeif i day.
use the Wastewater Treatment Plant Effluent. The Wastewaterannot
cost to th Treatment Plant loses the entire $290.00 per average day, The
accuratelyeregulatetandTsell mlow nitrogen effluentgtobthetSteam
Plant is also based on the Wastewater Treatment Plant Operator's
ability to guess the daily requirement for turning on an
additional air blower. With these two side stream flow meters
and one Plant effluent meter, the operator should be right on
tar ethe
s present very time with nog guessing. The Plant Operators' say
year or 162 days) results inraaloss e of Wastewater TreatmentePlant
revenue of $ 52,780.00 per year and a Steam Plant lose of $
14,378.00 per year.
2CM82.wp
EXHIBIT I
r
/~Vda No
Agenda item
Dot
avw= ORMM (001 a' / a
PRAUCT~ P~oan CreekWWx emaBra Page 1 of 3
ONNSR I RE=CT NQD~ama I
TY op DR=fi, 2s]c~n Omer s21- ity)
COGNTAAL.T~ ~ CSAlan Plummer ~a Aasoei}t es Zae. Ebgiaoari457.0475 { flat
9R~ Gracon Construction o Coatraotori 9193
CHUGS ORDRRt_00 DateI 05/16/ej~~
r
The componeatica agreed upon in this Change Order is a full, comploto and
final payment for all costs the Contractor incurs as a result of or relating
to this change, whether said costs are known, unknown, foreseen or
unforeaaen at this time, including without limitation, any costa for delay,
extended overhead, ripple or impact cost, or any other offset on changed or
unchanged work as a result of this change.
II
Ck?IANGS OAD60. D
won To BB Pnroo B
D_ronoaad C=ontract""
tt~1SlaBt_
Tina Rztension/Days e S
1. RXYXR33M PCM S M
This PCM provides the piping,
manholoa, instrumentation, and
electrical work neassaaay to actor
two Fidestrsm flows onsits. one
is the LE" belt proem Filtrate i Digester
lupernatant lino and the other is the 13"
Filter backwash line. This PCX also
replaces the existing Plant 29fluant
Flow Motor.
I
0 34,494.00
TOTAL 0 Calendar Days S 34,474.09
I
467-047E 0.37 DIlTPSB'IT20Ne
457.0470 0.77 Dave Ham City of Denton
Joe Graves Gracon Construction Fi~~e City of Denton
Ron Janson Grecian Construction Finance City of Dentin
0., b. Nelson City of Denton
Lao Allison City of Denton
EXHIBIT 11
I ,
' Apida No - `-3 - of
CHAIM ORDER (001 Dale 2 Dogs of 3
Original Contract Amount (Oracon Construction CO.) y 6,647,000 Now Increase or Decrease in Contract Amounted
` I
Previous Change Order No. 1 <y 4,12S.00)
Previous Change order go. 1 <y 9,940.97)
Previous Change Order go. 3 $ 2,942.00
Previous Change Order No. 4 4,960.93)
Previous Change Order No. S 471,167.00
` Previous Clangs Order No. S $ 9,940.00
Previous Change Order No. 7 4 6,191.00
This Change Order No. 4 634.424.00
Total of Change orders y 104,052.20
1 i
li
j Revised Contract Amount d 0,751,052.20
i Not C'hangs in Contract Time 0 Calendar Days
Revised Contract Coapletion Time 730 Calendar Days
Percent change orders per Original Contract Amount 1.21 1
ATTACNm o PCA il!
I
I
` 2C1479,WP
YAgenlaNo._
CEUMS A4endalt ~ c
ORDER (CO) 3 Paso of 3/
c
Recommended by
consulting Inginearr Approved by contractor
`i
8y a-Ld' or I& ]
for Alan Pluaaer for aravoa struation Ina.
and Associates, inc.
i I
Datoi sf P { Data 8
Approved by Manager of Construction Proiectsi
By
for City of Denton, Tessa
Approved by Purchasing Agent
xy
far City of tonton, To ad
Approved by Director of Mater Engineering and Operations
l/ -frC.. LGGZ"z
~Y
for City of Denton, Taws (d0 45,000)
Approved by vuoutive Director of Utilities
By 4 f 1 ('5,001 $24,009)
for City of Denton, Ta%as
Approved by City Council
By City lknager
for City of Denton, Tema; 024,000 and above)
I
agenda No. ~3
vim
Apda4m, ~~'C~
Date C~ - i J3
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
May 26, 1993
-lam
The following item was considered:
4. CONSIDER APPROVAL OF CHANGE ORDER i8 IN THE AMOUNT OF
$34,424.00 TO GRACON CONSTRUCTION COMPANY FOR THE WASTEWATER
TREATMENT PLANT IMPROVEMENT CONTRACT.
i
Ham presented this item. After extensive discussion, Coplen
made a motion to approve Item X14 as presented. Second by
Laney. All ayes, no nays, motion carried.
I
pub excerpt
5/26/93
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-/-9~
ORDINANCE NO.
I
All OF MADERTALS OR EQUIPMENT WHICH ARE AVAILABLE F FRFUNDS OM ONLY R ONERSOURCE
114 ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR-
CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EF-
FECTIVE DATE.
i
WHEREAS, Section 252.022 of the Local Government Code provides
i that procurement of items that are only available from one source,
including: items that are only available from one source because of
patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility
j purchases; captive replacement parts or components for equipment;
and library materials for a public library that are available only
from the persons holding exclusive distribution rights to the ma-
terials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the
items mentioned in the above paragraph; NOW, THEREFORE, I
THE COUNCIL OF THE CITY OF DENT014 HEREBY ORDAINS:
SECTION I. That the following purchases of materials, equip-
ment or supplies, as described in the "Purchase orders" attached
hereto, are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOU14T 1I
34760 IBM
$ 90,460.78
SECTION II. That the acceptance and approval of the above
items shall not constitute a contract between the City and the
person submitting the quotation for such items until such person
shall comply with all requirements specified by the Purchasing
Department.
SECTION III. That the City Manager is hereby authorized to
execute any contracts relating to the items specified in Section I
and the expenditure of funds pursuant to said contracts is hereby
authorized.
AWaNo 93
AOe %rL,.~s 2'
Cite
SECTION IV. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the
day of
1993.
'I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Ii
Agenda No /I& eo/l?
Apendaltam 2 s
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM., Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER 034760 - IBM
RECOMMENDATION: We recommend Purchase Order #34760 to IBM be approved in the
amount of 5909460.78.
SUMMARY: This purchase order Is for the annual renewal of the Software License
Agreement with IBM for the operating system software for the IBM Mainframe. This
price includes all updates, new releases and trouble shooting for the software
systems. The price reflected is a 3% increase over last years service agreement cost.
Data Processing Advisory Board recommends approval. This agreeement is for the
maintenance of prioritary software and only available from IBM acquistions for
priopriatory services protected by copy write and or patents as exempt from the bid
process as per chapter 252 Texas Local Government Code.
BACKGROUND: Purchase Order #34760 IBM, Minutes from Data Processing Advisory
Board, May 24, 1993.
PROG DEPARTMENTS OR GROUPSAFFECTED: Information Services Division.
FISCAL IMPACT: 1992-93 funds for Special Services account number #100-044-0080-
9521.
Respe lly submitted:
*oyd a: rell
City Manager
Approved: '
Name: Tom D Shaw,C.P.M.
Title: Purchasing Agent
~gande.7AJ
k►
r
I
' CITY of DENTON, TEXAS
THIS IS A PUrr:HASE ORDER NO: 34760
CONFIRMING ORDER This number must appear on all
(IF MARKED) irs, im-oces, delivery slips, cases
NOT DUPLICATE Ej a des, coxes, pack;rg slips and bibs
Dare: MAY 260 1993 Page No.
1 bid Nn.
D
PUFCHASMG DIVISION /90T8 TfXASS711i/DENTON, TEXAS 762011'
V N 81713837!00 0rIWMf7R0817,2670042 FAX811i7,3874692
M DELIVERY INFORMATION SERVICES
SS IBM
P 0 Box 660176 ADDRESS 324 H. B. MCKINNtiY
DALLi TEXAS 75226 DEMN, TEXAS 76201
1![ I
VENDOR NO I II52500 DELIVERY QUOTED FOB DESTINATION TERMS
I I
01 1 IBM SOFTMARE MAINTENANCE $1.00 $90,460.78
i
TOTAL AMOUNT OF P.O. $90,460.78
VENDOR INSLRUCTION9, 3. Terms - Net 30 (u,lex, drrrwms Nx' %d 1
V
V NDO orINST iIJCTle with d~plbale copy 4. Shipping Inslructions F O8. Des!irids prepaid 01;ess Owws, us ;died)
I S" 2 .8di to - Acdaunts Payable S No Feder y or stale saes taw shall be ncluded
215 E McKinney St in prices billed. P rchasin9 Dlvlsron
Acor4aNo
1gvda1f6nL 1L. 1111 y
MINUTES OF r `
DATA PROCESSING ADVISORY BOARD t'
MEETING OF MAY 24, 1993
MEMBERS PRESENT: Jim Kuykendall, Don Edwards and Robert Minnis
MEMBERS ABSENT: Brian Scott and Rosa Lawton
OTHERS PRESENT: Gary Collins and Glen Gary
r
Don Edwards made a motion the minutes from the April 19, 1993
meeting be approved as written. Bob Minnis seconded the motion and
it passed unanimously.
Gary Collins explained that the Water/Wastewater Department was
requesting a second RISC/6000, to supplement their conversion
efforts and to enable them to migrate their maintenance systems
from PC's to the GIS Network. Glenn Gary explained that currently
the Water/Wastewater Department has one RISC/6000 and that they
have almost completed the conversion of their sewer system to GIS,
but are now starting on the water system which is far more
extensive and complicated. Glenn Gary estimated it would take 2
1/2 to 3 years to convert the water system using the one RISC/6000.
Glenn Gary stated that by adding this additional RISC/6000, they
could speed up this conversion process and they had staff trained
and capable of using this equipment, to convert the water system in
a more timely fashion. Glenn Gary also stated that currently they
are in a state of flux between using paper maps and digitize maps.
Glenn Gary outlined that currently they have a maintenance
management and engineering analysis system that is PC based and is
not compatible with the GIS system, but uses a different Data Base
than the GIS system. Glenn Gary explained that the new RISC/6000
would allow them to convert the maintenance management and
engineering analysis system to GIS and a single common data base.
Gary Collins explained that the Water/Wastewater Department had
gone out to bid for a RISC/6000 and received responses from IBM and
World of Data. The bid from IBM of $29,584.12 was the low bid by
$288.88. Gary Collins explained that funding for this RISC/6000
was in the Water/Wastewater Department's operating budget and was
not part of the Capital budget approved for GIS. Don Edwards made
a motion that the Advisory Board recommended the city purchase a
RISC/6000 from IBM. Bob Minnis seconded the motion and it passed
unanimously.
Gary Collins explained that the next item was the annual renewal of
the Software License agreements with IBM for the operating system
software for the IBM mainframe. Gary Collins explained that this
was proprietary software and was available only from one source.
Bob Minnis asked if this was increase over last year and Gary
Collins explained that the $90,460.78 represented a 38 increase
over last year in software costs. Bob Minnis made a motion the
I
i
Acenda No
Agendalter!p_ 1L S ~`G D
Date 6 - 93
Board recommend the city renew its Software License agreement w Kh'
IBM. Don Edwards seconded the motion and it passed unanimously.
Gary Collins explained the next item was a continuation of our
hardware maintenance agreement. 'The upcoming year is the last year
of a 5 year agreement which limited annual increases to 36. Don
Edwards made a motion that the Board recommend the city renew this
agreement for another year. Bob Minnis seconded the motion and it
passed unanimously.
r
Under new business, Gary Collins explained the Board did not need
to take any action on this item, but the city vas planning on
acquiring a HP Design Jet Color Plotter for $9,286.00. Gary
Collins explained that originally the city had budgeted $30,000 to
acquire an Electrostatic Monochrome Plotter for the GIS project.
By waiting for the technology advances, the city would now be able
to get a Jet Ink Plotter at approximately a third of the cost.
Gary collins stated that this plotter would print a standerd E size
map in 15 minutes versus 3 hours on the Pen Plotters. Bob Minnis
asked how the supply and maintenance costs compared, and Gary
Collins responded it would be approximately 1/8 of the
Electrostatic Plotter's cost. Since no action was needed on this
item none was taken.
Next Gary Collins presented Jim Kuykendall with a wall plaque,
thanking him for his dedicated service to the Data Processing
Advisory Board from 1986 to 1993.
There being no other business the meeting was adjourned.
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pgends Ka. D 1I
ORDINANCE NO. G
AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT FROM W. B. RUMMELL AND BETTY ANN
RUMMELL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council authorizes the acquisition of
I the easements described in Exhibit "A", attached hereto, from W. B.
Rummell and Betty Ann Rummell.
1 SECTION II. That the City council authorizes the expenditure
of funds int he amount of Fifteen Thousand one and no/100 Dollars
($15,001.00) for the purchase of said easements.
SECTION II IL That this ordinance shall become effective immed-
iately upon its passage and approval.
I
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY, MAYOR
ATTEST; ,
JENNIFER WALTERS, CITY SECRETARY
BYS
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: -
1111
I
Agenda No
Ag~dalien~.~45 E
1~CfE:_..iuna_l (..3993 I
CITY COUNCIL REPORT A
j I
TO: Mayor and Members of the City Council
r'ROM: Lloyd V. Harrell, City Manager
i
SUBJFCT: CHECK REQUISITION - W.B. RUMMELL - $15,001.00
1 RECOMMENDATION: We recommend this check requisition to W.B. Rummell In the
total amount of 15,001.00 be approved for payment.
SUMMARY: This check requisition Is for acquisition of an easement along the
southwest corner of I-35 and Teasley Lane. This easement is necessary for the
Water Distribution Division in the Teasley Lane Utility relocation project.
BACKGROUND: Check Requisition, Easement Documents.
1
FISCAL IMPACT: Bond funds for Water Distribution account #662-081-RB89-R302-
9002 with a balance of $20,900.00.
Respectfully submitted:
41o 4VarZreIl
City Manager
Prepared by.,
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Sh
Min-
aw, C.P.M.
Title: Purchasing Agent
~gand~ J17
1
i
CHECK REQUISITION-VOUCHER AgerdaNo ~ ~e''l ~3
Agmda lte q,_-, ,f. .f.. .
Owe_~~
3 `I
PAY TO:
(5 ECN NUMBER
W, B. RUKKE
3300 W. UNIVERS`TI DRIVE _ $15,000
AMOUNT
nENTON, Tx 76201 VATER I'.'STRIB ioN
DEPARTMEN! 5/25/93
DATE
1
I ~
INVOICE DATE, NUMBER ANDIOR EXPLANATION ACCT. N0. NET INV. AMT.
EASEMENT ALONG THE SOUTHWEST CORNER 662-081-RB89-8302-9002 $15,001.00
OF I-35 AND TEASLEY LANE.
"DO NOT MAIL CHECK'
HOLD CHECK SO THAT ROGER WILKERSON
CAN PICK IT UP AND DELIVER IT VITH
THE EASEMENT DOCUMENTS.
TOTAL $15,00L00
THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED.
ACCOUN TI NO APPROVAL NA R/A-F~`'~J'~ -
CITY MANAGER APPI"AL DIRECTOR OF FINANCE AiWM-AL
I
EXHIBIT "A"
Agenda
ltar2
EASEMENT
Date
THE STATE OF TEXAS, S f,~,z ✓ I
KNOW ALL HEN BY THESE PRESENTSs
COUNTY OF DENTON S I
THAT W.B. Rummell and Betty Ann Rummell of Denton County, Texas, in
consideration of the sum of fifteen thousand and no/100 Dollars
($15,000.00) and other good and valuable consideration in hand paid
by the City of Denton, Texas receipt of which is hereby
j acknowledged, do by these presents grant, bargain, sell and convey
unto the City of Denton, Texas, the free and uninterrupted use,
1 ~
liberty and privilege of the passage in, along, upon and across the
following described property, owned by them situated in Denton
County, Texas in the S.C. Hirams Survey, Abstract No. 616.
TRACT I
ALL, that certain lot, tract, or parcel of land situated in the S.C.
Hirams Survey A-616 Denton County, Texas and being a part of a
tract shown by Deed to W.B. Rummell recorded in Volume 581, Page
233, Dead Records of Denton County, Texas and being more
particularly described as follows
COMMENCING at the northwest corner of said Rummell tract and in the
southerly right-of-way of I.H. 35E;
THENCE in a southeasterly direction with the southerly right-of-way
of I.H. 35E the following three (3) courses and distances;
1. south 750 501 00" east 28.0 ft.;
2. south 610 481 00" east 206.2 ft.;
3, south 750 501 00" east 286.3 ft. to the POINT OF
BEGINNING;
THENCE continuing in a southeasterly direction with the southerly
right-of-way of I.N. 35E the following two (2) courses and
distances;
1. south 75' 50' 00" east 140.0 ft.;
2. south 320 W 00" east 14.54 ft. to a point for a
corner;
THENCE north 750 501 00" west 10 feet south of and parallel with
the southerly right-of-way of I.H. 35E a distance of 150.56 ft. to
a point for corner;
THENCE north 140 10' 00" east a distance of 10.0 ft. to the Point
of Beginning and containing 0.031 acres of land.
r TRACT II
ALL that certain lot, tract, or parcel of land situated in the S.C.
Hirams Survey A-616 Denton County, Texas and being a part of a
tract shown by Deed to W.B. Rummell recorded in volume 581, Page
2330 Deed Records of Denton County, Texas and being more
! particularly described as follows:
Beginning at the northeast corner of said Rummell tract and in the
westerly right-of-way of F.H. 2181;
PACE 1
THENCE south 7° 37' 00" west with the west right -of-wa of F.M.
2181 a distance of 135.0 ft. to the P.C. of a curve t ewikNQeft, V%
whose center bears south 820 23' 00" east. 5,775.58 ft.;
A vdalfem . F
THENCE in a southwesterly direction through a central ~~ggg~,lle of 0' r
53' 20" a distance of 89.6 ft. to the southeast corn~Y" tSY-sa}Q^-~ y'
Rummell tract;
THENCE north 88. 211 00" west with the south line of said Rummell y
tract 10.04 ft. to a point for a corner in a curve to the right
whose center bears south 830 16' 52" east 5,785.58 ft.;
THENCE in a northeasterly direction through a central angle of 00
531 $211 a distance of 90.65 ft. to a point for a corned
THENCE north 70 371 00" east a distance of 146.92 ft. to a point
for a corner; 1
THENCE south 320 231 00" east, a distance of 15.56 ft. to the
of beginning and containing 0.053 acres. point
And it is further agreed that the said City of Denton, Texas
in consideration of the benefits above set out, will remove from
the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing,
I
repairing, and perpetually maintaining public utilities in, along,
upon and across said premises, with the right and privilege at all
7I
times of the grantee herein its agents, employees, workmen and 1
represontatives having ingress, egress, and regress in, along upon
and across said premises for the purpose of making additions to,
improvements on and repairs to the said public facilities or any
part thereof.
To the extent permitted by the laws of Texas, Grantee
shall defend, indemnify and save harmless Grantor from and
against, any and all claims, shits, damages, costs and losses,
resulting from, arising out of negligent acts of omissions in the
insta lation, construction or existence of said public facilities
or appurtenances thereto.
Nothing contained in this easement shall preclude Grantor, 'life
heirs, successors and assigns from having full right, power, and
authority to maintain paving, asphalt, concrete and any other
material incident to a driveway for the operation of the business
upon the property owned by Grantor, his heirs, successors and
assigns adjacent and/or near to the property which is the subject
of this easement. Grantor reserves for himself, his heirs,
successors and assigns the full right to maintain a driveway and
EXHIBIT "A" FACF. 2
AMA No C/-J - ."q-
paving of any material deemed appropriate over ~9Id property which
is the subject of this easement. vl7l
TO HAVE AND TO HOLD unto the said City of Dentu.1, Texas C/
aforesaid for the purposes aforesaid the premises above described.
Witness our hands, this the da of +~i
Y A. D. 1953
Betty nn Ru e1 -
~ 070. RU 11
i
I
THE STATE OF TEXAS S
COUNTY OF DENTON S
This instrument was acknowledged before mE on
1993 by W.B. Rummell and Betty Ann Rummell.
Nokar
i ® ic, in and for the State of Texas
Hy Commission Expires y-3d-95~
I
Accepted this
the City of Denton, Re olution No. 91-077). 14 for
I 9Y!
Roger N. Wilkinson
Right-of-Way Agent
AEEOOlE5
I
EXHIBIT "A" PACE 3
TEMPORARY CONSTRUCTION EASEMENT
Aw,dVNc
THE STATE OF TEXAS, S S 5{ C, f
COUNTY OF DENTON S KNOW ALL MEN 9Y'CHE5ET~Ftt`S~S?
THAT W.B. Rummell and Betty Ann Rummeli of Denton County, Texg/~, in
consideration of the sum of one and no/100 Dollars ($1.00) and
other good and valuable consideration in hand paid by the City of
Denton, Texas receipt of which is hereby acknowledged, do by theee
presents grant, bargain., sell and convey unto the City of Denton,
Texas, the free and uninterrupted use, liberty and privilege of the
passage in, along, upon and across the following described
property, owned by them situated in Denton County, Texas in the
S.C. Hirams Survey, Absttact No. 616.
ALL that certain lot, tract, or parcel of land situated in the S.C.
Hirams Survey A-616 Denton County, Texas and being a part of a
tract shown by Deed to W.B. Rummell recorded in Volume 581, Page
233, Deed Records of Denton County, Texas and being more
particularly described as follows:
COMMENCING at the northwest corner of said Rummell tract and in the
southerly right-of-way of I.H. 35E;
THENCE in a southeasterly direction with the southerly right-of-way
of IH-35E the following three (3) courses and distances;
1. south 750 501 00" E 28.0 ft)
2. south 618 481 00" E 206.2 ftj
3. south 750 50' 00" E 296.3 ft;
THENCE south 14' 101 00" west a distance of 10.0 ft. to the POINT
OF BEGINNING;
THENCE south 754 501 00, east a distance of 140.56 ft. to a point
for a corner;
THENCE south 324 231 00" east a distance of 45.40 ft. to a point
for a corner;
THENCE south 70 371 00" west with the west right-of-way of F.N.
2181 a distance of 146.92 ft. to P.C. of a curve to the left whose
radius bears south 828 231 00" east 5,785.58 ft.;
THENCE in a southwesterly direction through a central angle of 0'
530 52" a distance of 90.65 ft, to a point for corner;
THENCE north 884 211 00" west with the south line of said Rummell
tract 10.04 ft. to a point for a corner in a curve to the right
whose radius is suuth 830 1" 23" East 54795.58 ft.;
THENCE In a northeasterly direction through a central angle of 01
54 23" a distance of 91.69 ft. to a point for a corner;
THENCE north 70 371 00" east a distance of 143.28 ft. to a point
for corner;
THENCE north 321 231 00" west a distance of 37.78 ft, to a point
for corner;
EXHIBIT "A" PAGE 4
f
i THENCE north 750 50' 00" west a distance of 136.57 ft. to a point
for corner;
THENCE north 140 tut 0011 east a distance of 10.0 ft. to the Point
of Beginning and containing 0.096 acres of lar`fgnda~VO 2L 7
'Agendaltem, `
Oate.__~ ~~3
And it is further agreed that the said City of a' on,
Texas in consideration of the benefits above set out, will remove
from the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining public utilities
in, along, upon and across said premises, with the right and
privilege at all times of the grantee herein its agents, employees,
I
workmen and representatives having ingress, egress, and regr,)sn in,
along upon and across said premises for the purpose of making
additions to, improvements on and repairs to the said public
facilities or any part thereof.
To the extent permitted by the laws of Texas, Grantee
shall '.)fend, indemnify and save harmless Grantor from and
against, any and all claims, suits, damages, costr and losses,
resulting from, arising out of negligent acts of omissions in the
installation, construction or existence of said public facilities
or appurtenances thereto.
Nothing contained in this easement shall preclude
Grantor, his heirs, successors and assigns from having full right,
power, and authority to maintain paving, asphalt, concrete end any
other material incident to a driveway for the operation of the
business upon the property owned by Grantor, his heirs, successors
and assigns adjacent and/or near to the property which is the
subject of this easement. Grantor reserves for himself, his heirs,
successors and assigns the full right to maintain a driveway and
paving of any material deemed appropriate over the property which
is the subject of this easement.
EXHIBIT "A" PAGE 5
Vnda No
TO HAVE AND TO HOLD unto the said City A1,,De t ~G F
A eDenton,^ Texas
aforesaid for the purposes aforesaid the premises above descrl ed.
t
Witness our hands, this the
day of tk A. D. 19
a-T Ruirme 1
W'. A. Aum
THE SPATE OF TEXAS g
COUNTY OF DFNTON S
This instrument was acknowledged before mit on yt
1997 by -,~@,-.g1i1114¢11_DIId-$~,5 _.lIfID_,~LUGIDi'11_.
NOW 3i
ZS " Notary ublic, !n end for the State of Texas
Al My Commission Expires _S=304,
Accepted this day of ~19
the City of bent-on, Texas (Resolution No. 91-077), for
BY1
Roger N, Wilkinson
Right-of-Way Agent
AEEOOlE5/4
EXHIBIT "A" PACE 6
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L,A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING, AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE
OF ALL CLAIMS IN THE MATTER OF GAMBLE V CITY OF DENTOh TEXAS;
DECLARING AN EFFECTIVE DATE. AND
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION t- That the City Manager is hereby authorized to
execute a Compromise Settlement Release of All Claims in the matter
of Gamble v_ City of , providing for the settlement and
compromise of the litigation now pending between the parties in the
16th District Court, Penton County, Texas, Cause No. 92-10064-16 in
an amni:nt not to exceed Seven Thousand Seven Hundred and Thirty-
"P,r, uoilars ($7,737.00).
,b'CTION 1_i- That this ordinance Wiall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of
1993.
BOB CASTLEBERRY, MAYuR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: '
DEBRA A. DRAyOVITCH, CITY ATTORNEY
BY:
V
aprndrNb /J
ApendaIWYL
CAUSE NO. 92-10064-16
NORMA LYNN GAMBLE AND S IN THE DISTRICT COURT
HUSBAND, DAVID GENE GAMBLE §
5
i
r V5. § DENTON COUNTY, TEXAS
CITY OF DENTON, TEXAS, S
S
LES GIBSON AND JEFF GANN S 16TH JUDICIAL DISTRICT
i
COMPROMISE S~:TTLEMEu^ n~TEASE OF ALL CLAIMS
i
FOR AND IN CONSIDERATION of the sum of Seven Thousand Seven
Hundred and Thirty-seven ($7,737.00) Dollars in hand paid this day
by check, the receipt and sufficiency of which is hereby acknow-
ledged, Norma Lynn Gamble and David Gene Gamble do hereby release,
acquit, and forever discharge the City of Denton, Texas, its
elected officials, agents, employees, insurers, and attorneys of
and from any and all actions, causes of action, claims (including
subrogation claims), demands, liabilities, obligations, costs,
expenses and damages of any kind whatsoever, whether based in
common law, contract, warranty or tort, or upon constitutional or
statutory rights, including, but not limited to, court costs,
attorneys fees, damage to reputation, pain and suffering, grief,
bereavement, loss of consortium and companionship, mental anguish,
loss of earning capacity, loss of profits, damage to and taking of
property, loss of services, actual, punitive and exemplary damages,
and all other damages, whether known or unknown, and whether here-
tofore asserted or not, resulting or to result from, or in any
Compromise Settlement Aeleasa of all claims/Page 1
Agenda No _.-ZLLC:C:
Agendalteg_ h,~~ F
manner related to the automobile accident which occurred on or
about January 31, 1990, all as more fully described in the plead-
ings on file herein to which reference is made for a more complete
descriptiont and do hereby agree to indemnify and save harmless
said City of Denton, Texas, its elected officials, agents, employ-
ees, attorneys and insurers, of and from all further actions,
causes of actions, claims, including subrogation claims, demands,
liabilities, obligations, costs or expenses and damages arising out
of the injuries and damages sustained by them as a result of said
incident, whether or not in,iluded in a claim for damages. T h e
undersigned understands and agrees that the amount paid under this
agreement is in full satisfaction of all damages arising on account
of the above described accident, and that they will receive no
further sums of money from the City of Denton, Texas, its elected
officials, agents, employees, attorneys and insurers as a result of
this accident.
It is expressly understood and agreed that Norma Lynn Gamble
and David Gene Gamble have already paid or will pay out of the
aforementioned total sum of Seven Thousand Seven Hundred and
Thirty-seven ($7,737.00) Dollars all medical, doctors' and hospital
charges received in the past or to be incurred in the future by
them and that they will defend, indemnify and hold harmless said
City of Denton, Texas, its elected officials, agents, employees,
attorneys and insurers, from any claims for such charges.
In further consideration of the payments made by the City of
Compromise Settlement Release of all Claims/Page Z
+r
agenda No ~3- Vlr
AgendaItork_
1b
Denton, Texas, Norma Lynn Gamble and David Gene Gamble, expressly
warrant any~ represent that (other than medical charges discussed
above) no assignment, pledge, sale or transfer of any right, title,
r
interest or claim which is released herein has been made, except to
counsel approving this Release. The Gambles further agree to
indemnify and hold harmless the City of Denton, Texas, its elected
i
officials, agents, employees, insurers and attorneys from any
claims or causes of action brought by persons or entities claiming
a right, title, interest or claim in the matters herein released.
It is expressly warranted by Plaintiffs that no promise or in-
ducement has been offered except as herein set forth; that this
Release is execute9 without reliance upon any statement or repre-
sentation of any person or parties released or their representa-
tives, concerning the nature and extent of the injuries, damages
and/or legal liability therefor] that acceptance of the considera-
tion set forth herein is in full accord and satisfaction of a dis-
puted claim for which liability is expressly denied.
FOR THE SAME CONSIDERATION, it is agreed that the above styled
suit will be dismissed with prejudice with costs of suit taxed to
the party incurring same.
This document contains the entire agreement of the parties
hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS.
WITNESS our hands this the day of
1993.
Compromise Settlement Release of all Claims/Page 3
V WIN7
I
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AQoadalterr~~' S ~l.f
Dace,_ C~ / <J3
CITY OF DENTON, TEXAS G
Bvi
` LLOYD V. HARRELL
CITY MANAGER
I
1
NORMA LYNN GAMBLE
I
DAVID -E-El1EE GAMBLE
APPROVEDL APPROVEDS
MICHAEL A. BUCEK DAVID WACKER
ATTORNEY FOR DEFENDANT ATTORNEY FOR PLAINTIFF
CITY OF DENTON, TEXAS
Compromise Settlement Release of all Claims/Page 4
Aam0No
AQondaI teq'~i~ /
THE STATE OF TEXAS $
COUNTY OF DENTON $
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Lloyd V. Harrell,
known to me to be the person who executed the foregoing instrument
r and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between the city of Denton,
Texas and Norma Lynn Gamble, for the limited matter or thing dealt
with in the foregoing instrument; and that the same was executed by
him without any threat, force, fraud, duress, or representation of
any kind by authority to bind thesCity hof Denton, Texas that
such had
greementl
and that at the time of exe,.-ution of the release, Lloyd V, Harrell
was completely sober, sane, and capable of understanding the
character of his acts and deeds and was in complete charge of all
of his faculties and capable of executing this instrument and of
understanding the significance of his acts.
GIVEN under my hand and seal of office this the day of
1993,
Notary Public, State of Texas
Compromise Settlement Release of all claims/Page 6
ApendaNo
__W~
ff0o~da ~terr~. ~ ~ l f
(hle_~ _
THE STATE OF TEXAS S
COUNTY OF DENTON S
BEFORE ME, the undersigned, a Notary Public in and for said
County and stater on this day personally appeared Norma Lynn
Gamble, known to me to be the person who executed the foregoing
instrument and acknowledged to me that she executed the same for
the purposes and consideration therein expressed; that she executed
the fully explained as her free and voluntary act and deed after having it , and realizirgltheeeffe her, and
then of after
beaaimutual release lybetw enfthe
City of Denton, Texas and Nc,rra Lynn Gamble and David Gene Gamble,
for the limited matter or thing dealt with in the foregoing
instrument; and that the same was executed by her without any
threat, force, fraud, duress, or representation of any kind by any
release wNorm% Lynn Gamble was completely sober, sane and capable
of understanding the character of her acts and deeds and was in
complete charge of all of her faculties and capable of executing
this instrument and of understanding the significance of her acts.
GIVEN •inder my hand and seal of office this the
1993, day of
Notary Public, State of Texas
compromise settlement Release of all claims/Fags 6
n
THE STATE OF TEXAS $
COUNTY OF DENTON $
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared David Gene
r Gamble, known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed the
same as his free and voluntary act and deed after having it fully
reexplained to himo and the effect thereof after toabena mutual i release betweenfthe
City of Denton, Texas and Norma Lynn Gamble and David Gene Gamble,
for the limited matter or thing dealt with in the foregoing
instrument; and that the same was executed by him without any
threat, force, fraud, duress, or representation of any kind by any
person whomsoever; and that at the time of execution of the
release, David Gene Gamble was completely sober, sane, and capable
of understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his acts.
GIVEN under my hand and seal of office this the
1993, day of
Notary Public, State of Texas
I
I
Compromise Settlement Release of all Claima/page 7
r
4 ~
41
♦1
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~ger~~te
Date
DATE: June 1993
CITY COUNCIL REPORT G
TO: Mayor and Members of the City Cot:ncil
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION CONCERNING THE LANDSC"PING OF THE TEASLEY
LANE (F.M. 2181) MEDIAN
RECOMMENDATI0L1:
The Keep Denton Beautiful commission endorsed the plan on
January 6, 1992.
The'91 Committee recommended approval of the funding source on
May 17, 1993.
suMMARY:
The project is located in the future median of Teasley Lane,
between Interstate 35 and Bent Oak Drive (Attachment 1). This
coincides with planned reconstruction of Teasley Lane by the
Texas Department of Transportation (TxDOT) which is scheduled
for letting in October, 1993.
The total cost of the landscaping project is $248,531.001 to
be divided between TxDOT and the City of Denton. The actual
cost breakdown is as close to 504-504 as possible, allowing
for our application under the 1992-1993 Landscape Cost Sharing
Program of TxDOT. As shown by Attachment 3, our proposal was
preliminarily accepted on March 29, 1993.
According to the draft agreement being considered (Attachment
2), TxDOT will be responsible for funding in the amount of
$123,000.00. The City of Denton will be responsible for
$1250531.00.
The City's portion is comprised of $47,306 for the irrigation
system, $17,340 for the landscape design, $30,815 for the
trees, and $30,070 for maintenance for 24 months. TxDOT's
share will provide for the colored-textured concrete, grass,
ground cover plants, bedding plants, PVC irrigation "sleeves",
contract administration, and traffic barricading.
PAGE 1.
9- G
Agenda No Agendal'em
Date l
Portions of the City share will be accomplished by "in-ki d" 5
services or "in-house". The Water/Wastewater Department will
do the irrigation design. The Planning and Development
Department has done the landscape design ("Project Design
Plan"). The trees will be planted by the Park and Recreation
Department, and PARD will maintain the project.
City "cash" contributions is $78,121, proposed to be paid by
sold bonds.
After Council accepts the contract, such acceptance will be
transmitted to TxDOT for consideration by the Commission. A
final contract will then be transmitted for signature.
BACKGROUNp:
I
Teasley Lane improvements were approved in the 1986 bond
election.
The original application to TxDOT was initiated on February 2,
1990. Since that time, it has undergone review and
modification.
Council approved the sharing of the cost essentially shown in
this agreement on February 11, 1992.
This project is in the CIP.
PROGRAMS, DEPARTMENTS OR.GROU,S AFFECTED;
The project affects many City of Denton departments and
continues the City's overall beautification efforts, begun
with landscaping the University Drive median.
FISCAL IMPACT:
None.
Respectfully submitted:
Preparedi
Lloyd H+.rroll, city manager
Frank obh , AICP
Executive Dire for
Planning and Development
PAGE 2
_ ~Z3 D/P
Agenda %
Agenda ltp,4L-~
Nte 93
' ATTACHl4ENT8:
1. Location reap.
2. Ordinance with agreement.
3. Letter from TXDOT.
4. Chart of financial apportionment.
i
J
MJ10076►
PAGE 3
+genda No
agEndagertt t_.:::..
ATT HMENT 1 _
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ATTACHMENT 2
l
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT
OF TRANSPORTATION, FOR PARTICIPATION IN A LANDSCAPE COST SHARING
PROGRAM PROJECT ON FM 2181 FROM INTERSTATE. HIGHWAY 35 TO BENT OAK
DRIVEL AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORt AND PROVIDING
AN EFFECTIVE DATE.
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
agreement between the City of Denton and the State of Texass, acting
by and through the Texas Department of Transportation, for con-
struction of a Landscape Cost Sharing Program project on FM 2181
from interstate Highway 35 to Bent Oak Drive, under the terms and
conditions contained in said agreement, which is attached hereto
and made a part hereof.
SECTION Ii. That the City Council hereby authorizes the expen-
diture of funds and provision of a non-cash contribution in the
manner and amount as specified in the agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of _.1 1993.
BOB CASTLEBERRY$ 14AYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
Bye
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Dye
yC2LJ__ C G~
Agarda No
i.
Ageidallem ` 00
THE STATE OF TEXAS §
S
COUNTY OF TRAVIS S
THIS AGREEMENT is made by and between the State of Texas,
acting by and through the Texas Department of Transportation,
hereinafter called the "State", and the City of Denton, acting
thrOu4h its duly authorized officials, as evidenced by Resolution
or Ordinance Number , dated ,
hereinafter called the "City".
V I T N E 8 8 E T H
WHEREAS, the State owns and maintains a system of highways,
including FM 2181 in Denton County, ?axas for public use and
benefit; and
WHEREAS, the City has requested State participation in a
1992-1993 Landscape Cost Sharing Program project on FM 2181 from
Interstate Highway 35 to Bent oak Drive, hereinafter called the
"Project", and as shown on the attached EXHIBIT A_L and
WHEREAS, the City has committed to cooperating with the
State by providing a total non-cash contribution of $125,531.00
toward the completion of the Project, which sum represents the
agreed, fair-market non-cash value fog- providing the Project
Design Plan, furnishing and installing the irrigation system,
furnishing and installing trees, and for performing Project
maintenance and establishment activities for a minimum period of
twenty-four months; and
WHEREAS, Texas Transportation Commission Minute order
dated , attached hereto and labeled EXHIBIT
@ authorizes the State to co.perate with the City in the
development of the Project by providing State funds which will be
used to execute a construction contract to furnish and install
the colored-texturized concrete, turf groundcover, bedding
plants, and the PVC conduits for the irrigation system,
NOW THEREFORE, in consideration of the premises and of the
mutual covenants and agreements of the parties hereto be by them
respectively kept and performed as hereinafter set forth, the
state and the city do mutually agree as follows:
Page 1 of 7
Draft, D-18L, 3/26/43
i
Age?da No
Aovdallerr_ G
A a R E E H E N T
ARTICLE 1. Term of Agreement.
This Agreement becomes effective when finally executed
(signed) by the State and shall terminate upon satisfactory
completion of the work as called for in the Project Design Plan
and as stipulated within this Agreement, unless otherwise
terminated as provided hereinafter.
ARTICLE 2. Project Design Plan.
I
The City shall prepare and furnish the Project Design Plan.
The Project Design Plan shall contain plans, specifications, and
estimates, as required by the State to execute a contract through
the Department's state-wide construction system. The Project
Design Plan shall be incorporated into this Agreement by
reference.
ARTICLE 3. Project Funding.
The total estimated cost of the Project is $248,531.00, and
shall be funded jointly by the State and the City. State funds
in an amount estimated not to exceed $123,000.00 will be utilized
to provide for the installation of the Project through a
construction contract or contracts administered by the State. The
City's total contribution of $125,531.00 represents the agreed,
fair-market, non-cash values of $17,340.00 foi furnishing the
Project Design Plan, $47,306.00 for furnishing and installing the
irrigation system, $30,815.00 for furnishing and installing the
trees, and $30,070.00 for providing Proje.;t maintenance and
establishment activities for a minimum of twenty-four consecutive
months.
ARTICLE 4. Responsibility of the Parties.
A. The City agrees to:
1. Indemnify and save harmless the State, its agents
and employees, from all suits, actions or claims
and from all liability ind damages for any and all
injuries or damages sustained by any person, or by
any abutting, adjoining or other property in
consequence of any neglect in the performance, or
failure of performance of the City, its agents and
employees under this Agreement, to the extent
allowed by State Law.
Page 2 of 7
Draft, D-18L, 3/26/93
1
~ondaNo
Ageodalterrl-
2. Indemnify, defend and hold the State l~tmless-from
any and all claims and lawsuits by third parties «~J
arising from, or incident to the performance, or
failure of performance of the City, its officers,
employees or agents under this Agreement to the
extent allowed by state Law, The City shall
defend all suits brought upon all such claims and
lawsuits and pay all costs and expenses incidental
thereto, but the State shall have the right, at
it's option and expense, to participate in the
defense of any suit, without relieving the City of
- any obligation hereunder.
l 3. furnish the Project Design Plan and
Specifications for the construction phase of the
contract.
4. Furnish all materials, labor and incidentals
required to install the irrigation system and the
trees and to perform landscape maintenance and
establishment activities for a minimum of twenty-
four consecutive months, following the completion
of the construction contract.
5. Replace plant material as may be reasonably
required to insure the project functions as
intended during the twenty-four month
establishment period.
6. Furnish, erect and maintain any barricades, signs
and traffic handling devices, in accordance with
the latest Manual of Uniform Traffic Control
Devices, and to the satisfaction of the State, as
may be required to protect the safety of the
travelling public while performing any work on the
project under this agreement.
B. The State agrees to:
1. Obligate State funds in the amount of $123,000.00
which will be utilized to execute a construction
contract which will provide for the furnishing and
installation of the colored-texturized concrete,
turf, ground cover, bedding plants, and the PVC
conduits for the irrigation system.
2. Schedule the installation of the Project for the ,
first available construction letting mutually
acceptable to the State and the City, but at the
final option of the state.
3. Administer the Contract during construction.
Page 3 of 7
Draft, D-18L, 3/26/93
•
1
Agenda No
AgendaEtera ~ - ~
4. Cooperate with the City to determine requirements
for barricades, signs and traffic handling devices
to be used by the city during the installation of
the trees and the irrigation system for the
Project.
ARTICLE S. Overruns/Underruns.
The State will make recommendation of award for the bid or
bids received for the installation of the Project as follows:
1. If the lowest bid or bids exceeds $123 .DM 00 the
State, at its sole option, may reject the bid, request
the City to revise the Project Design Plan as necessary
to insure that available funds are not exceeded, and
reschedule the Project for the next available
construction letting.
2. If the lowest bid or bids does not exc-oA c,~z nnn nn
the State will recommend award of the bid or bids. The
State will not schedule any additional work on the
Project to insure that the amount of State funds
obligated for the Project is fully expended unless, in
the State's sole opinion, it is determined that the
performance of additional work will be in the best
interest of the Project. Any additional work, if
performed by the State, will be performed in accordance
with existing regulations and procedures relating to
additional work orders and/or field changes.
ARTICLE 6. Disputes.
Should disputes arise as to the party's obligations under
this Agreement, the state's decision shall be final and binding.
ARTICLE 7. Amendments.
Changes in time frame, character, cost or obligations herein
shall be enacted by written amendment. All amendments to this
Agreement must be executed by both parties within the contract
period specified in Article 1.
Page 4 of 7
Draft, D-18L, 3/26/91
i
i
Agenda NO
U7ie _U ~ i_ ..)fl
ARTICLE 8. Successors and Assigns.
/4_~{.~
The State and the City shall not assign or otherwise 1
transfer its rights and obligations unde,. this Agreement except
with prior written consent of the other party, and any prohibited
assignment or transfer shall be null and void.
ARTICLE 9. Remedies.
Violation or breach of contract terms by the City shall be
grounds for termination of the Agreement, and any increased cost
arising from the City's default, breach of contract or violation
of terms shall be paid by the City. This Agreement shall not be
considered as specifying the exclusive remedy for any default,
but all remedies existing at law and in equity may be availed of
by either party and shall be cumulative.
ARTICLE 10. Insurance.
At the time of execution (signature) of the Agreement by the
City, the City shall attach required insurance documentation to
each Agreement counterpart.
If the City is a self-insured entity and performs any work
on the Project with City Forces, the City shall extend the
protection of its self-insurance to the State for any and all
damages and injuries arising from the CityPs performance under
this ,agreement.
If the City is not work on the Project with a City self-insured entity and performs any
State with a completed Certificate of Insurance (TXDDT Form
20.102), and label such documentation EXHIBIT C
If the City performs any work on the Project through a
contractor or contractors selected through the City's low-bid
procedure, the City shall require its contractor or contractors
to furnish the state with a completed Certificate of Insurance,
con
MOT Form 20 102)# and tractors maintain such sinsurance rduring cthertern ofrthe
Agreement.
Page 5 of 7
Draft, D-18L, 3/26/93
Awn No
AvendaEteot_.~-.,v l
Date
ARTICLE 11. Gratuities. !T/ti
Texaation
employeessofrthepDepartmentoipolicymdates that
sp
favors from any person shdoiangll businnotess ort an
who accey
reabenefits, sonably gifts
sp^.aking may do business with the State under this contract.
only exceptions allowed are ordinary business lunches and i The
tems
that have received advanced written approval of the Texas
Department of Transportation Executive Director. Any person
doing business with or who may reasonably speaking do business
with the State under this contract may not make any offer of
benefits, gifts or favors to Departmental employees, except as
mentioned hereabove. Failure on the part of the city to adhere
to this policy may result in the termination of this contract.
ARTICLE 12. Termination.
This Agreement may be terminated by any of the following
conditions:
A. BY mutual agreement and consent of both parties.
B. By either party upon thirty days written notice to the
other party,
C. By either party upon the failure of the other party to
fulfill its obligations as set forth in this Agreement.
D. By satisfactory completion of all services and
obligations described herein.
Should the City terminate this Agreement, as prescribed
hereabove, the City shall, at the option of the State, reimburse
any reasonable costs incurred by the State.
REMAINDER OF PAGE LEFT BLANK
Page 6 of 7
Draft, D-18L 1/26
~ /91
Agenda hx,
_ ✓rPlr~.
Aaentlaf~p~~~
IN TESTIMONY WHEREOF, the State and the City have executed dupli rate
counterparts to effectuate this Agreement.
THE CITY OF DENTON THE STATE OF TEXAS
Certified as being executed for
1 By, the purpose and effect of
activating and/or carrying out
(Signature) the orders, established policies
or work programs heretofore
approved and authorized by the
(Typed Name an Texas Transportation Commission
d T~ tle
Date:
By:
Roger G. Welsch, P.E.
Associate Executive Director,
Field Operations
Date:
I
i
Page 7 of 7
Draft, D-18L, 1/26/93
ACenda No
ATTACHMENT 3 Agenda IteRt_~c
Texas Department of Transportation
DEWITT C GAEER STATE HIGHMY BLDG • 125 E, 11TH STREET • AUSTIN, TEXAS 78701 2483• (512) 4UWS
March 29, 1993
h
1992-1993 Landscape Cost Sharing Program
The City of Denton
i
Mr. G. Owen Yost, ASLA
The City of Denton
215 E. McKinney Street
Denton, Texas 76201
Dear Mr. Yostt
We have reviewed your proposal for work under the Landscape cost
Sharing Program and feel the project would be acceptable for
c execution under Program Regulations relating to Highway projects.
Accordingly, we have prepared a draft Agreement based upon your
proposal which will govern work on this project if approval is
granted by our Texas Transportation Commission.
As you will note, the Agreement reflects the specific responsi-
bilities of each party, and includes required contract provisions
which must be included within each Cost Sharing Program Agree-
ment.
We must have your concurrence ins in writing that the Agreement is
satisfactory before we present the project to our Commission for
formal approval. The following deadlines regarding upcoming
Commission meetings are furnished for your informations
TO '.,RESENT PROJECT WRITTEN ACCEPTANCE MUST
TO CO W9kUN ONt gE RECEIVED NO LATER THAN.,
May 25, 1993 April 27, 1993 ,
June 29, 1993 June 1, 1993
July 291 1993 July 1, 1993
The attached Agreement is for your review and comment and
no signature is requested at this time. After receiving your
written notification that the Agreement is satisfactory, and
after the Commission has approved the project, we will transmit
two original Agreement counterparts for f nal signature.
An tgud Opportunity Employer
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Vrda No
Agendallem~_'`
Mr. G. Owen Yost - 2 - March 29 1993-_
I
We look forward to working with you toward the successful
authorization and completion of this project. Please contact
Messrs. Mark Mathews or Mike Jenkins, Landscape Architects, at
(512)416-3082 if you have any questions.
Sincerely
I k
I
C Craig A. Ste fens
Chief Landscape Architect
Landscape Section
Division of Maintenance and Operations
MSM
Attachment
cc: Mr. Pat Haigh, Dallas District Office
Ag A No J,
ATTACHMENT 4 Agenda Ife AL , P<
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Item. TxDO I! A~
_T C't o Denton
irrigation 547,106 •
design S17,340
trees
530,815
maintenance 530,070
tex, concrete Falr Market Value
grass Fair Market Value
ground cover Fair Market Value
j PVC siccvcs Fair Market Value
contract admin. Fair Markct Value
barricading Fair Market Value
$123,000 $1125,531
• actual cash expense
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ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN
THE CITY OF DENTON AND GREEN SPRINGS WATER SUPPLY CORPORATION; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Settlement Agreement between the
City of Denton and Green Springs Water Supply Corporation, provid-
ing for the settlement of the matter now pending between the par-
ties before the Texas Water Commission is approved in accordance
with its terms, and the City Manager is hereby authorized to exe-
cute same on the City's behalf.
SECTION II. That this ordinance shall become effective immedi-
ately upon its passage and approval.
PASSED AND APPROVED this the day of
, 1993.
BOB CASTLEBERRY, MAYOR
' ATTESTS
I JENNIFER WALTERS, CITY SECRETARY
BY:
t
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
1~ l
SYt ~ ~
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Agenda~ten f/'r
X319__ . =
THE STATE OF TEXAS
COUNTY OF DENTON S
S
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") concerning the
Application of the City Of Denton ("Denton") for an Amendment to
Certificate of Convenience and Necessity ("CCN") No. 10195, the
Application of Bolivar Water Supply Corporation ("Bolivar") for an
Amendment to CCN No. 11257, and the Application of Green Springs
Water Supply Corporation ("Green Springs") for an Amendment to CCN
No. 11480, is made and effective on the later of the dates shown
by the partiesI signatures below, by Denton and Green Springs under
the terms and conditions hereinafter set forth
NITNESSETHI
WHEREAS, Denton has filed an Application for an Amendment to
CCN No. 10195, Bolivar has filed an Application for an Amendment
to CCN No. 11257, and Green Springs has filed an Application for
an Amendment to CCN No. 11480, all of which applications are
currently pending before the Texas Water Commission ("Commission").
i
WHEREAS, all of the amendment applications seek to provide
water service to customers within the area designated within the
double black line on the map attached hereto and incorporated
herein as "Exhibit A" ("the Contested Area").
WHEREAS, Green Springs is currently providing water service
to customers within part of the Contested Area pursuant to
authority granted by the Commission in CCN No. 11480. 1
toen~oos-oot,aor 1
Agenda No __._'?-f - cl
WHEREAS, Green Springs has outstanding debt in favor ,of~' "
Farmers Home Administration as evidenced in the attached
"Affidavit of Debt," attached hereto and incorporated herein as
"Exhibit B."
WHEREAS, 7 USC 1926(b) provides that the service provided by
a utility with outstanding debt in favor of FmHA shall not be
curtailed by the inclusion of the area served within the boundaries
of a municipal corporation or other public body, or by the granting
of any private franchise for similar service within such area
during the term of the loan.
i
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WHEREAS, Denton and Green Springs desire to resolve any
conflicts regarding the territories they will serve by agreement,
rather than through the administrative hearing process, which could
cost their respective customers considerable time and money.
NOW THEREFORE, it is hereby agreed by the parties hereto thats
1. Green Springs' single certification under CCN No. 11480 shall
be unaffected by this Agreement. The extent of CCN No. 11480 is
as shown on the map attached hereto and incorporated herein as
"Exhibit C."
2. Within seven (7) days of the effective date of this Agreement,
Green Springs shall notify the Commission of Its withdrawal of its
application for an amendment to CCN No. 11480, which application
seeks to amend Green Springs' CCN to include the Contested Area.
3. Green Springs shall support. Denton's application for single
certification to the Contested Area, pursuant to Denton's
application for an amendment to CCN No. 10195.
4. If Denton is granted an amendment to CCN No. 10195 which
Includes the Contested Area, Green Springs may refile its
1060\001•D01.AOT 2
i
~gendaNo
application for an amendment to CCN No. 11480 to include the
Contested Area as dually certificated to Green Springs and Denton,
and Denton hereby agrees not to file a protest with the Commission
or take any action whatsoever to oppose the granting of the CCN
amendment to Green Springs.
5. Green Springs agrees that if the Commission aubseguently
grants Green Springe a CCN amendment to expand CCN No. 11480 to
include the Contested Area, resulting in the dual certification of
the Contested Area to both Denton and Green Springs, Green Springs
will not assert 7 USC 1926(b) as a bar to Denton's provision of
water utility aervice within the Contested Area.
6. Green Springs further agrees that any facilities which Green
Springs installs within the Contested Area pursuant to a grant of
an a,,le* anent to CCN No. 11480, and after a final order is issued
by the Commission in Docket Nos. 9824-C and 9447-C, shall conform
to Denton's city code specifications, provided that the order shall
grant Denton the authority to serve water customers within the
Contested Area.
7. This agreement may be modified or amended prior to issuance
of a final Order by the Commission in Docket Nos. 9824-C and 9447-
C only by written instrument, executed by all the parties hereto.
If Denton is not granted an amendment to CCN No. 10195 which
includes the Contested Area, this Agreement shall be null and void.
8. If any provision of this Agreement or the application thereof
to any entity or circumstances shall be invalid or unenforceable
to any extent, the remainder of this Agreement and the application
of such provisions to other entities or circumstances shall not be
affected thereby and they shall be enforceable to the greatest
extent permitted by law.
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Dare-
9. This Agreement contains the entire agreement between they;
parties hereto relative to authority to provide water service
within the Contested Area, and there are no verbal agreements
concerning this matter between the parties hereto.
IN WITNESS WHEREOF, Denton and Green Springs have executed
this Agreement on the dates shown below.
Date3 CITY OF DENTON, TEXAS
Bob Castleberry, Mayor
ATTESTS
Jennifer Wal•.ere,
City Secretory
APPROVED AS TO LEGAL FORMt
Debra A. Drayovitch,
City Attorney
Dates GREEN SPRINGS WATER SUPPLY
CORPORATION
Mike Mays, President
ATTESTi
Secretary
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DATE P18,Tn -1 F-!;$9
CITY COUNCIL REPORT FORMAT
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ENGINEERING SERVICES FOR CONTINUOUS EMISSIONS MONITORING
SYSTEM
RECOMMENDATION:
i
The Utility Staff recommends the approval of issuance of a
purchase order to the Engineering firm of Sargent and Lundy
for Denton's portion of Engineering Services for development
of Specifications for a Continuous Emissions Monitoring System
for the Denton Steam Plant in the amount of $130224.
SUMMARY/BACKGROUNDi
Under the Clean Air Amendment Act of 19900 the Environmental
Protection Agency (EPA) rule-making process requires utilities
to monitor stack emissions from fossil burning power plants
for noxious gases such as NOX and SOS. The stack emissions,
to be monitored by Continuous Emission Monitoring Systems
(CEMS), are required to be in place by 1995. The matter of
engineering and placemert of a CEMS system was discussed at
the recent Technical and Operating Committee meeting of the
Texas Municipal Power Pool (TM.PP). The consensus of the
members at the Operating Committee meeting was that long-term
savings could be realized through common engineering and
specification preparation of the CEMS, as the gas-fired units
of the TMPP cities have similar burning characteristics.
Specification preparation would be duplicated through
individual engineering of the CEMS. In addition, with the
CEMS designed in a similar manner, maintenance cost-savings
would be experienced. After review of several proposals from
engineering consulting firms on engineering and specification
preparation for CEMS for the members of TMPP, the Operating
Committee recommended that award of contract for engineering
and specification preparation be made to Sargent a,-,d Lundy in
the amount of $73,000. The Operating Committee further
recommended that the coats for the consulting contract be
apportioned to each participating city required to have CEMS
monitoring based upon number of units requiring monitoring
(Denton's portion was $130274). The TMPP Pool Committee
approved establishing an agreement with Sargent and Lundy for
CEMS services in the amount of $73,000, with the individual
participating cities issuing individual purchase ordere to
Sargent and Luray for their appropriate share of the
agreement.
4jendeNo
Approval is recommended for issuance of a
s order/ o
Sargent and Lundy for Denton' Purchase
engineering and specification portion ($13,274) of the GEMS
preparation.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Denton Electric Department, Denton Public Utility Board, and
Denton City Council.
FISCAL IMPACT:
The ;13,274 required for a purchase requisition for Sargent
and Lundy will come out of Electric Operating Budget.
Respectfully submitted,
Lloyd V. Harrell
City Manager
Prepared by:
Jim arder,
Director of Electric Utilities
Approved by,, ^
- 6-:~/L <2'-
R. E. Nelson
Executive Director Utilities
0526.PUB
Age Ida No
_
AgendaIteq- ~ s
G/
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
May 26, 1993
--~,I The following item was considered: 1
6. CONSIDER APPROVAL OF ENGINEERING SERVICES FOR CONTINUOUS
EMISSIONS MONITORING SYSTEM.
Harder presented this item. After extensive discussion, Laney
made a motion to approve Item #6 as presented by staff. Second
f by Coplen. All ayes, no nays, motion carried.
pub excerpt
5/26/93
III
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E!\W000S\0R0\SARGFYT.0 *a^.daMo.__~~.,;._v_/
Ar~Enddlftrr~...[EJS ~.2
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PROFES-
SIONAL ENGINEERING SERVICES TO DESIGN A CONTINUOUS EMISSIONS MONI-
TORING SYSTEM FOR MEMBERS OF THE TEXAS MUNICIPAL POWER POOL: AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Federal laws enacted in 1990 require the City of
Denton to monitor stack emissions at the power plant for certain
noxious gases; and
I
WHEREAS, Federal requlations require that the city install and
operate a Continuous Emissions Monitoring System (GEMS) by January,
1995; and
WHEREAS, the Texas Municipal Power Pool (TMPP), of which the
City of Denton is a member, has voted to retain the firm of Sargent
and Lundy to render professional services and prepare engineering
specifications for CEMSs for gas-fired units within TMPP, to save
money, as the cost will be pro-rated among TMPP members rased upon
number of gas-fired units required to have CEMS monitoring; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to expend funds
for the above referenced professional services to the engineering
firm of Sargent and Lundy for Denton's share of engineering ser-
vices for development of specifications for a Continuous Emissions
Monitoring Systems of the Denton Power Plant in the amount of
$13,224.00.
SECTION iI That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: (.1,
COUNCIL
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON. TE_-'AS 76201 / TELEPHONE (817) 568-8307
Office of the City Managet
MEMORANDUM
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I
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: June 1, 1993
SUBJECT: Interlocal Cooperation Agreement between Denton County
and the City of Denton for Paving of Mayhill Road
Attached is an ICA from the County agreeing to give us $30,000 for
Mayhili Road. You may recall that the Council considered this item
at their March 16th meeting, and they asked us to get back with
them if the County committed. We are recommending that we accept
the money so that the work can be done this year.
With this money, we will be able to repave all of Mayhill Road from
University Drive to McKinney Street. We will be able to enhance
the drainage facilities along the road with the exception of the
bridge at Pecan Creek. Council may also recall that this bridge is
included in the bridge replacement program of TXDOT for 1995.
If you or the Council has any further questions, I would be happy
to try and answer them for your.
X//Q/
Ric Sveh a
Deputy City Manager
Rstbw
AMM002CE
Attachment
E:\YW00CS\sE6VWYMIll.1ES
ABMdaNo
Agenda Ite~rt ~/E's
RESOLUTION NO.
_ I
1
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF IN-
PROVEMENTS TO MAYHILL ROAD BETWEEN MCKINNEY STREET AND HIGHWAY 380;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: I
&ECTION.L. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the County of Denton for
the construction of improvements to Mayhill Road between McKinney
Street and Highway 380, a copy of which is attached hereto and
incorporated herein by reference.
8EC'P, ION II That this resolution shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of
1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
a
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-OndaNo
Agendaltem._
THE STATE OF TEXAS * WORK TO BEf'VtRPHRMSfl--L~-/-A
COUNTY OF DENTON
DENTON COUNTY, TEXAS
INTER CA COOPERATIO_ I/N~~i ACa>~MENT
THIS AGREEMENT in made and entered into this.6tti day of may, 199 by and between
~I Denton county, political subdivision of the State of Texas, hereinafter referred
to as the "COUNTY", and the -clTj U DENTON•,
A political subdivision/entity located within Denton County, Texas, duly
organized and authorized under the State of Texas, hereinafter referred to
as "CITY".
E I.
For the purposes and consideration herein stated, the project is described as
follows
it.
The "CITY" will provide labor and equipment and the _coutiTY"
will provide
materials, estimated at the cost of X30,0_ 00,00 ,•to be
Pertormod under this
agreement. (See Exhibit "A" incorporated by reference hereto.) Coot of materials
will be paid by the "County" from current revenues of the County.
The "CITY" is solely responsible for the design,
specifications, and location of this project. This project Is tentatively
scheiuled to begin _1993
III. ~
This agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the -,"CITY'
nor the -County" waives any
immunity or defense that would otherwiae be available to it against claims by
third parties.
TV.
This agreement may be terminated at any time, by either party giving sixty (60)
days advance written notice to other party.
I
AgenOafiertL %'fI
The undersigned officer and/or agent of the parties hereto are the proper"!
authorized officials and have the necessary authority to execute this agreement
on behalf of the parties hereto, and each party hereby certifies to the other
that any necessary resolutions extending said authority have been'duly passed are
now in full force and effect.
EXECUTED In two (2) originals at Denton, Denton County, Texas on the day and year
first written above.
1
"COUNTY" "CITY Or DENTON"
Denton County
110 West ickory
Denton, T u s 76201
b "I eYt
aeley -
T able Jeff No
Judge
5-Jl-k3
cting on bebalf of, and by Acting on behalf of, and
the authority of the i by the authority of the
Commissioners Court of /
Denton County, Texas
APP OVED AS TO OfW, ?q:
sYl 114 A
Assistant D strict Attorney 7
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A06itdaNo L2- 0 9
Agendalt ,e
-4 1111
Dale l - 93
S~7
EXHIBIT "A"
ESTIMATED COSTS
r PROJECT: 5600' OF REPAVING MATERIAL
II I
Cost to COUNTY OF DE•NTON for total materials: $30,000.00
Agreement with the City of Denton for the repaving of Mayhill Road from Hwy 380 to McKinney Street.
~J
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288
A9enc+a~tem ~ # '~i
CITY OF DENTON CITY COUNCIL MINUTES [ti
March 16, 1993 „
The Council convened into the Work Session at 5:15 p.m. in the I
Civil Defense Room. ;
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, and Miller.
ABSZNT: Council Members Brock and Smith
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters
1. Considered action in Debbie S. Wright v. City _ot
e to
B. Real Estate
1. Considered acquisit"on of an option to purchase
land near Foster Road.
C. Personnel/Board Appointments
2. The Council received an update and held a discussion on the
191 Committee recommendations and gave staff direction.
Rick Svehla, Deputy City Manager, stated that there were two issues
which had been discussed with the 191 Coomittee in February. The
first issue dealt with bonds which had been sold for culvert/bridge
work on Mayhill Road at two locations and on Hobson Lane. The
culvert work on Hobson wac complete as was the work on Mayhill
south of McKinney. The City and the County had done a temporary
solution for the culverts on the north end of Mayhill between Audra
and Blagg Roads. There was approximately $30,000 saved on the
Hobson project which could be used to repave Hobson from Santa
Monica near the now bridge structure to Country Club Road.
Maintenance money could be used to repave all of Hobson if Angelina
Bend were held off until the next budget year. With the Mayhill
project, there was approximately $50,000 remaining due to the
City's and County's efforts in working with the Highway Department
to replace the bridge. Staff was suggesting using that $50,000 to
repave a portion of Mayhill. The City had requested that the ,
County assist with the paving of a portion of Mayhill which was a
joint City/County road. By using the bond money plus the County's
contribution, the City would be able to repave Mayhill from
McKinney north to University.
Council Member Chew indicated that he had a concern with paving the
joint portion of the road without the County commitment to assist
with the funding.
i
Agead3 No 8 9
City of Denton city council minutes
March 16, 1993
Page 2
Mayor Pro Tem Hopkins suggested that the City might be able to get
a schedule from the County when they would be able to help with the
paving.
City Manager Harrell stated that most of the traffic on Mayhill was
out-of-city traffic.
Svehla stated that it might be the case that the county would agree
to pave a portion of the road next year rather than having to do
up-front funding.
Mayor Pro Tem Hopkins suggested repaving all of Hobson at one time
rather than in sections.
I
Consensus of the council was to proceed with the Hobson project and
wait with !Mayhill until the County was able to commit to the
project.
i
Svehla stated that the second item dealt with the list of federal
and state funding projects. The City had approximately $28 million
worth of work which would be schedrled during the next nine years.
There was a minimal amount of cost associated with the projects
which the city would have to pay. Staff was suggesting using a
small portion of the highway.bond funds since it appeared that none
of those bonds would be required. Approximately $300,000 would
have to be used for the congestion mitigation. Those projects
would begin this year. The extra bond money could be used for the
first year projects as the City would be reimbursed from the State
for some of the projects.
miCitlyionManlager Harrell
in the street bond issue which had that there was approximatel $2-3
used at this time.
Svehla indicated that any expenditures would be presented to
Council for final approval.
Consensus of the Council was to proceed with the concept of using
the $300,000 from the street bond funds for the projects and using
approximately $29,000 for the first year expenditures.
3. The council received a report and held a discussion regarding
Municipal Court of Record legislation and a proposed resolution
directing the City Manager to subait a draft of this legislation to
Representative Jim Horn regarding this ratter to be introduced in
the regular legislative session and gave staff direction.
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
r '
SUBJECT: DIVERSION TASK FORCE RESOLUTION
Raoommendation: Staff recommends approving the attached Diversion
Task Force resolution.
SUMMARY: The attached Diversion Task Force resolution is based on
the directions the city Council had given staff during previous
work session discussions. In addition to establishing a Diversion
Task Force, the resolution also outlines the charge for the task
force and lays the ground work for the selection of the task force
members. The proposed listing of organizations which members could
be selected from was expanded during your May 11, 1993 meeting.
The additions to the list were the National Association for the
Advancement of Colored People, League of United Latin American
Citizens, the Denton County Juvenile Probation Department, Denton
County Bar Association and Concerned Parents organization.
PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: The Municipal Judge,
Legal Department, Police Department, and the Municipal Court
Clerks Office will be affected by the establishment of the
Diversion Task Force. These areas will be involved in the Task
Force evaluation and can be impacted by its recommendations.
FISCAL IMPACT: None
RESPECTFULLY SUBMITTED,
n
L oyd V. Aarre 1, City Manager
Prepared by:
i
Harla L. Jeff
Director of asury operations
AFFOO025
E:1WPD0C5IPESWVEM.RES
'VpdaNo
(kite
RESOLUTION NO.
A RESOLUTION CREATING THE JUVENILE DIVERSION TASK FORCE TO FORMU-
LATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNC:L RELATING TO
THE NEED OF A DIVERSION PROGRAM TO ASSIST IN THE REHABILITATION OF
JUVENILE OFFENDERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has assumed jurisdiction over juv-
enile offenders committing certain offenses; and
WHEREAS, the City Council of the City of Denton desires to ex-
plore options in order to develop a juvenile justice program con-
taining a variety of alternative methods designed to provide ef-
fective rehabilitative enforcement and judicial tools for juvenile
offenders; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City council hereby establishes a Juven-
ile Diversion Task Force.
SECTION Il. (a) That the Juvenile Diversion Task Force shall
review and evaluate the necessity of establishing a Diversion ram Council whichhshallyIncludetanreand to submit commendations aofewhether the
City
l shall pursue the establishment of this type of program.
f (b) In the event the Task Force recommends the establishment
of a diversion program, the Task Force shall provide recommend-
ations to the City 17ouncil regarding the following matters:
(1) The
goals of the Diversion Program;
(2) The format of the Diversion Program;
J (3) A pililic relations strategy;
(4) The anticipated financial impact; and
(5) An implementation schedule.
SECTION III. That the Juvenile Diversion Task Force shall be
composed of sixteen persons to be selected by the City Council from
the following groups and organizations:
1 representative selected from the membership of the
Denton Independent School District Parent/Teacher Assoc-
iation;
I
1 representative selected from the membership of the Denton
Chamber of Commerce;
1 representative selected from the membership of a local civic
group, club, or organization; J
1
J
-i•~
Gate
r-
1 representative selected from staffinembers of Denton County;
1 representative selected from staffinembers of the Denton
Independent School District;
1 representative selected to serve shall be the Municipal
Court Judge;
1 representative selected from staffinembers of the Finance
Department;
r
1 representative selected from staffinembers of the office of
I~
the City Attorney;
I 1 representative selected from staffinembers of the Denton
Police Department;
1 representative selected from the membership of a community-
based organization;
1 representative selected from the membership of the National
Association for the Advancement of Colored People;
1 representative selected from the membership of the League of
United Latin American Citizens;
1 representative selected from staffinembers of the Denton
County Juvenile Probation Department;
1 representative selected from the membership of the Denton
County Bar Association;
1 representative selected from the membership of Concerned
Parents organization; and
1 representative selected from the Denton Independent School
District student body.
SECTION tyL That the City Council shall designate the Chair-
person of this Task Force.
SECTION V. That in the event any of these listed organiza-
tions express a desire to not participate in this Task Force, the
City Council may select representatives of other organizations to
serve on this Task Force.
SECTION VI. That this resolution shall be effective immed-
iately upon its passage and approval.
PAGE 2
llem
Agenda
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: C
PAGE 3
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1
CITY COUNCIL, REPORT FORMAT I ~ 01
0u10.._.~u.. I
TO: Mayor and Members of the City Council &Xft.✓.
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Consider approval of a resolution authorizing the
City Manager to execute an agreement with the Texas
water Commission for a grant to fund a household
used oil collection program.
RECOMMENDATION: The Solid waste Division staff recommends
approval.
SUMMARY: The program will involve locating self-contained
used oil collection containers at the five out lying
fire stations. Purchase of the containers,
promotions, a temporary intern position (990 hours)
and vendor collection services are provided for.
BACKGROUND: The goal of the program is to reuse/recycle used
motor oil from do-it-yourselfers and, thereby ,
divert the used oil from potential contamination of
the environment.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Solid waste Division/Fire Department/DO-it-Yourselfers.
FISCAL IMPACT:
The grant proposal request is for $20,579.31 and no matching
funds would be needed.
RESPECTFULLY SUBMITTED:
Lloyd V. Harrell,
City Manager
Prepared by:
Bil Angelo
Director of Community Services
Approved by:
i'
. E. Nelso~r~
Executive Director, Utilities Administration
E$\WPDOCS\WORX\TXWTRCOM.D ~!`S+
ApendaHo
Agenda
ltem
Ile-
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE TEXAS WATER COMMISSION FOR A GRANT TO FUND A HOUSEHOLD USED
OIL COLLECTION PROGRAM AND EXECUTE ANY REQUIRED AGREEMENT CONCERN-
ING THE GRANT; PROVIDING FOR CERTAIN ASSURANCES RELATED TO THE
GRANT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager recommends that the City of Denton
apply to the Texas Water Commission to receive a grant to fund a
household use oil collection program, specifically to fund a part
time employee and supplies for use in the program; and
WHEREAS, the City acknowledges that should it receive these
grant funds, it will comply with the reporting requirements of this
I'f financial assistance program and the fiscal reimbursement and
reporting requirements of the Texas Water Commission and the State
! of Texas; and
WHEREAS, the funds allocated to the City of Denton through
this grant will be used only for the purposes for which they are
provided; and
WHEREAS, the proposed project is in compliance with and sup-
ports the adopted Texas Water Commission regional solid waste
management plan; NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council hereby authorizes the city
Manager to submit a grant application for financial assistance frum
the Texas Water Commission to fund a household used oil collection
program (the proposed project). The City Manager is authorized to
execute any agreements necessary to participate in this grant.
SECTION II, The City Council certifies the following:
1. The City will comply with the provisions of the financial
assistance program and the fiscal reimbursement and reporting
requirements of the Texas Water Commission and the State of
Texas;
2. The funds granted to the City pursuant to this program
will be used only for the purposes for which they are being
provided; and
3. The proposed project is in compliance with and supports
'.he adopted Texas Water Commission regional solid waste
management plan.
Page 1
ApendaNo
Awdaltem ~C
We
SECTION III. That this resolution shall take effect imme-
diately from and after its passage. i
PASSED AND APPROVED this the day of , 1993.
i
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Page 2
{
AoonlaNo
AgaadaEtem_~~'~ ~C.__
l}~ter ~ .~3
GRANT APPLICATION FORM
i
To*" Weew Commwiw
MunkiW Soil Waft DMWon
P.O. Box 13087
Auatln, Twws 78711.3087
(512) 908-6695
f 10122x92
Ai
ae daltem
INSTRUCTIONS c;~_
1. Funding Agency Information
r
a. This is the name of the agency to which the applicatioen
is made, i.e. the "Texas Water Commission%. For th
Purpose of this application and any grants made, the
b Texas is the C name sofa the t organs ationalenunit of the
funding agency which will receive and process the
application, i.e. the "Municipal Solid Waste Division
c-f. This is the mailing address of the organizational unit of
the funding agency to which the application is made, i.e.
"P.O. Box 13087, Austin, Texas 78711.30874.
g. This is the State agency identification number of the
ag
Texas Water ency to which the application is made, i.e., for the
Commission, *5820.
Leave this blank The application identification number
will be assigned by the funding agency.
i. This is the telephone number of the organizational unit
{ of the funding agency to which the application is made.
j. This is the telephone number of the facsimile machine for
the organizational unit of the funding agency to which
the application is made.
k-n. Leave blank. This information will be completed by the
funding agency.
2. Applicant/Recipient Information
i
a. Enter the name of the agency or entity for which this
application is being completed.
b. E
is actually nter the name of the organizational unit or entity which
recognized subunit pprof theiapplicant tagency or ientity.
Otherwise, leave this blank.
c-f. Enter the mailing address for the applicant agency or
entity.
g. Circle the appropriate box to indicate the type of agency
or entity for which this application is being prepared.
If the other option is selected, enter a description of
the type of entity making application. Select from among
the following items:
(1) State Agency (S) Educational Institution
(2) County (6) Regional Planning Agency
(3) City (7) Special District or
(4) Other Authority
h. Enter the Federal Employer Identification Number of the
applicant agency or entity.
i. Enter the telephone number for the facsimile machine of
the applicant agency or entity.
j. Enter the fourteen-digit State of Texas Vendor
Identification Number assigned by the Comptroller of
Public Accounts to the applicant agency or entity.
INSTRUCTIONS (Continued)
k-1. Enter the name and telephone number of~ 'the- cfiief
administrative official of the applicant agency r
entity. 1 4
m-n. Enter the name and telephone number of the Financel er of
the alsocbe the chi f administrative official ) (This may
o-p. Enter the name and telephone number of the Project
Officer of the applicant agency or entity. The Project
Officer is the individual who is assigned by the
applicant to be the primary contact or person having
primary responsibility for the grant project.
3. Grant/Project*Information,
a. Enter the name or type of grant for which application is
being made,i.e. ■waste oil collection", "recycling", etc.
T-ais will normally be secured from a formal proposal
published by the funding agency.
j b. On lines (1) through (4), show the dollar value of the
grant contribution being pledged or sought. rf applicant
match or contribution is Gin kinds, then the value of the
in kind contribution' should be shown and/or included
i with any cash contribution. Online (5), total the
dollar value of all contributed or
C. List or describe the geographical areaatosbedenamounts.
compassed
or impacted by the proposed grant project. it multiple
counties are affected, then name the counties; if an
entire planning reg~on is affected, then name the
i planning region, etc..
d. Check the appropriate lyes■ or "no' squares to indicate
whether or not the proposed project is within a.- area
subject to a regional or local solid waste management
plan i►hich is- in effect and has been adopted by the
appropriate regional or local planning agency and by the
Texas Water Commission.
e. Rater the estimate of population served or benefitting
from the proposed grant project.
f. Rater the month, day, and year at which time the grant
project is expected to begin. Use two-digit symbols for
each unit; example, 104/15/931,
g. Enter the number of months proposed to be covered by the
grant project funding in this application.
4. Csrtification
Y
a•e. After any necessary authozization by the governing body
entity ihne been secu ed ~theypeof the alicant reon author zed to act yfor
t
certi he applicant agency or entity shall sign the
signing, then date ethe tapplicatione was title siged h and person
telephone number of the individual signing.
INSTRUCTIONS (Continued) f
g. Expenses for construction or for final design or workidg c
drawings are not eligible for reimbursement under some
grants. Confirm tho eligibility of construction expenses
from applicable grant guidance or from the proper funding
agency grant coordiniror, prior to including any
c
For onstruction or final design expe:zes in an application.
constructioprojects ineligbl to (1) through (3), enter n the gtotal
dollar amount of construction costs to be secured from
each soue of
dollar amoupntgof allnconstruction costs to enter be
paid from grant program funds. Notsi Any construction
to be completed by a contractor should be included in the
"contractual" budget category (line S. E.), not .n this
"construction" budget category. Also, any supplies or
equipment purchased for a construction project should be
included in this "construction" budget category, not on
lines S. d. or 5. e. Note:
h. The "Other" category pertains to items or expenses that
are direct expenses which are not included in personnel,
fringe benefits, travel, supplies, equipment,
contractual, or construction, and which are rot
"indirect" expenses. Some examples include: printing
costs, postage, telephone expenses, laboratory charges,
equipment maintenance and repair, etc. In columns (1)
through (3), enter the total dollar amount of all direct
e
which xpenses not already included. in a prior budget category
to be pa from
mm (4), enter ctheototal o dollar tvalue rof
all "other" direct expenses to be paid from grant program
funds. Hotel State grant funds must not be used for
"entertainment" purposes, including but not limited to
food and drink. This does not apply to normal per diem
I. expenses
caby staff tegories on while
lines approve"-
h. for
columns (1) through (4).
J. Indirect charges include any overhead or management costs
which are not totaled These costs included may include a direct portion of salaries
and overhead for on•staff support personnel such as
administration, general counsel, budget or f13cal
management, internal audit, data processing, etc. The
indirect cost rate utilized must be currently approved or
have "provisional" approval by the Texas Water
Commission. Otherwise, use the standard "Indirect Cost
Computation Table" found in the "Uniform Grant and
Contract Management Standards" manual published by the
Governors Office of Budget and Planning.
k. Total lines I. and J. for columns (1) through (4).
1. Enter the fringe benefit rate, as a percent of the
salaries.
i
i
VendaNo
INSTRUCTIONS (Continued) agenddltettL_,~~
tilt.
M. Check the appropriate square on line, m.(1) or m.(2),4EO
indicate whether your indirect charge rate is a standard
rate from the Indirect Cost Computation Table or is a
special rate. if the applicant has a special rate, check
the appropriate square on line m.(2)(a)0 M.(2)(b), or
m.(2)(c), to indicate whether the special rate is
currently approved, is provisionally approved for the
grant period, or whether a proposed rate is in the
process of being considered for approval by the
appropriate federal cognizant agency or by the Texas
Water Cocuission. In any case, indicate what agency is
involved. in rate approval. If the applicant has a
special rate, under. line m.(2){d), briefly describe how
your rate is calculated, i.e. is it a percent of
salaries, a percent of all direct charges, etc. If the
i ucblankobelow 1 in have (2}pecial rate, they leave all
I
i
'L i
MAS LA1f4 C3p+116loe +RlMICIPAt SOLID uAfir DtVINOe fp
?6"lry Agency rnrortitlm CAA,r Alpt~fSQ
t. Stat0 AgenoY/Iunding party
Texas Water Commission 1• Agercy 1.0,
5 8 2
b. Stara Agency Organlaatfon Unlt
Munici
pal Solid Laste Division h' ADpllution I.P. Rutter 11 c, strut/P. o. ao, I, telephone (512)
P. 0, Box 13087 90W693 J, FAX
d. City k. Data Iec@IV*d
e, State 1. Date Aulp+ad
Austin, f' Zip a, Contact Porwn
Texas 78711-3087 n. tetephona
Applicant/eoclAlant Information
e• Applfcanr/RecefYing party
City of Denton, Texas h. resaru
raploY•r 7 5 6 0 0 0 5 1 4
b• Applleant Orgeni,ltlon Unit C . f.0. I, FAX
Dept,, Solid Waste Divissioonty Services
817-383-7334
c• street/►,o. lo, j• State of to"M Vw*r J.D.
901 Texas street 1 7 5 6 0 0 0
5 1 4 6 0 0 0
d• city
Denton 1 Itsti f• zip
Denton, Texas 76201 k• AO■inflrra!or
Bill An l• rNMorr
1• TMO tat e! Appl}canrnaelplant Belo
11 hat 817-566-8420
(e Agency 0, Finance Officer
1I1 tarty is) [dueat}onel rn,tltutlon n. hlrpno,.y
17J city (6) Regional #(Wing Asancy Bill Angelo
14J Other t7) Spec}al Dlstrlct or 817-566-8420
Authority e, Project Officer
Grano/project Inform clan Bill Angelo P. relephone
817-566-8420
e. Cant rype/ title
Used-011 Collection Grant e• Arq of Project Iffout
b. Propofad Fundlrq City of Denton, Texas
(1) federal d. Pr•Ja,t t~Jae
(2) twee 0 e to
5_ ')'~-'x•.,,,,.00 Adopted Dl an f11 Rpionan V yet 0 No
(1) Applicant I21 tocalt 1J pet
(A) Other CC
Istlmetod I ❑ se
°pulerlan lenefleting;
I!) MIAL 70,000
s 31,7----71900 f. Pf"Od project sure Dater
07112 / 93
t. Grtlfleetfon 1. proposed Prejat Durations
12 eanene t
to the best of any knurled I and Dallaf, All data
in this a
outhunted by the gdrarnf application are true
lore and regulations If of the a allcent ens the s a
PO l end correct. N
the uslstance It trerded. eant rfIt tcaply rfth the attached ss~lncuaarbspplluble
a. typed Remo of Author})y gapraeenuelrl Hill Angelo
C. denature of AuthdrleM b• rftie Dir, of Community
AIprllantltf ve $VCa.
d• 0e11 Sfgned
a. retephona
T _
19.
AgvnNo
I AU?^da tdff~, _ , :a _
`r INSTRUCTIONS (Continued) y +V
5. Fiscal Budget Information
a. In columns (1) through (3), enter the dollar amount of
salaries to be paid from each source of grant program
i funds. In column (4), enter the total dollar amount of
all salaries to be paid from grant program funds.
b. In columns (1) through (3), enter the amount of the
fringe benefits to be paid from each source of grant
program funds. In column (4), enter the total fringe
benefits to be paid from grant funds; include applicable
PICA, health insurance, retirement, workmen's
compensation, and unemployment compensation.
C. In columns (11 through (3), enter the total dollar amount
of all travel expenses to be paid from each source of
grant program funds, In column (4), enter the total
I travel expenses to be paid from grant program funds.- "
d. In columns (1) through (3), enter the total dollar amount
for purchase of supplies to be secured from each source
E of grant program funds. In colt= (4), enter the total
i I dollar amount of all supplies to be purchased from grant
f f program funds. Supplies are items that generally have a
useful life of lean than one year and have a unit cost of
less than $500. Items that do not qualify as "equipment"
should be considered as 'supplies". In item Q. of this
' application, you are required to give supplementary
information about the supplies you intend to purchase
with grant funds. Natal Supplies to be used" for
eligible construction activities should be included in
the 'contractualo budget category (line 5. f.) if the
construction is to be performed by a contractor, or in
the Oconstructiono budget category (line S. g.) if the
applicant's own crew is to perform the construction.
e. In columns (1) through (3), enter the total dollar amount i
for purchase of equipment to be secured from each source
of grant program funds. In column (4), enter the total
dollar amount of all equipment to be paid from grant
program funds. Equipment includes items which have a
useful life of one year or more and have i unit cost of
required to give sulem9. of this enta y information application, the
e pp
equipment you intend to purchase with grant funds.
f. If a contractor is to be used for all or part of the
grant project, in columns 11) through (3), enter the
total-dollar amount of all payments expected to be made
i for contractual work from each source of grant program
funds. In column (4), enter the total payments expected
to be made to a contractor(s) from grant program funds.
(Suppleme-Atary information about contractors is requested
in iitem 10.) hotel Equipment purchased by the applicant
to be used for eligible construction activities should be
shown in the "construction" budget category (line S. g.),
not in this "contractual" budget category.
S. fiscal 11~~
Wlat lnforarllon
A endalterrz,_...rS_~
lource 01 fvnde rlh 8 J
laTget Categories 111 state lcltd (2) Applicant (3) All War
Waste grant oui
in•Alyd fundlry
Funds Contributions murces
a. per$onnl/falar(es ! 1,476.00 1 5,639.82 ! -0- ! 7,115.82
b. rrlrpe ismoms 116.31 350.40 -0.
666.71
e. Trawl -0-
-0 -0- -0-
d. supplies Ilea then mo) 850.00 150.00
-0- 1,000.00
a. 141WIP nt (1500 and ever) 91995.00
-0- -0^ 9,995.00
Contractual
61,142.00 A6,000.00 -0- 12,142.00
Conatruetlon -0-
-0-
h. Other 2000.00
'0- -0- 2,000.00
I. Total offset tear!" ! ! MMMEMENEWMEN~
Mom s thru h) 20, 579.31, 121,140.22 ! -0. !
32,719.53
1. (Adfroct Chu!"
ti. TaTAII uvA t and 1) ! ! ! !
1. Frlr.ge leneflt Rate 7.88 percent (hinge letefie Rate as a percent of Persorvrl/saUrtaal
M. Indirect Charge Rate
(I) U Itardard Rate (ran Indirect call commutation table)
(2) 0 Special Rata puunt
(a) (1 Currently Approved
Aporcval Agency
(b) U Provisional AWOVSL
Approval Agency
(e) (1 Approval Appiled for
Approval Agency
(d) frlefly eaplatn how tha special rata to ealeutated.
1
Ager +alleat___,!;
iN"RUCfIONS (Continued)
6• Use lines a, through r. in the Position Title co let~r'~
each position proppo~~ed to be utilized for the grantlumn cc
project,
,,on it some po®ition titles are duplicated pro
through r
. For lines t,
following complete columns (1) through
instructions: (4) according to the
ill Show each positiones actual or proposed monthly salary,
(2) Show the percent of time per month the individual filling
the position is expected to work on the grant project.
(3) Show the number of separate months the individual filing
the position will be working on the grant project,
regardless of whether the work is full-time,
(4) Show the - total salary cost expected to be charged to the
grant program for each individual's work, for the total
grant period,
(5) Show the worker years or portion of a worker year. each
individual is expected to devote to the grant program for
the grant period. Use the decimal equivalent Los if the individual will work-three of a year'-
-fourths of a year
on the grant project, then enter 0.7S in column (5),
Assume that one work year is 21080 hours based on a 40.
hour week and 52 weeks per year] also assume that one
month is the decimal equivalent of 0.08333 worker Year..
(F'TB means •full-time equivalentp,)
On line e., column (4), show the total salaries expected to bs
charged to the grant program for the total grant period, by
calculating the sum of lines a. through r, in,column (4).._04.
. line 9-v column (5), show the total worker years (full-time
I~ equivalents) expected to be devoted to the grant program for
the grant period, by calculating the sum of lines a. through
r, in column (S).
I
i
I ,
~ten~aNo
6, /ersorvxl lodger information '
1
0) 121
Position lltte (17 (5) (S1
Monthly Percent Muller total Yorker
Wary time Per of months Salary Years
Month In Project Contributed (111's)
a. Adm _ s 7 ~
fL►QL o_1 is
-1 D,
i
Recvolina
C.
=77 i R% Z
a. -
e Superintendent
a
r.
o•
n,
It,
L
n. 1
o. '
P
Qr,
e
TVAt. s 7115.82 ' o za
(Duplicate this form if Meessary In order to Ilat all emptoyu satary/time COmblNtlonsf
The time these individuals spend on the project represents an in-kind contribution
by the City of Denton.
AyendaNa
Agenda Root,
['Hte r/ ~
7. Personnel Information (supplement to items 5,a. and 6.)
Describe all staff of the applicant who will be working on the
grant project. Utilize an organization chart and brief job
description for each position, and indicate whether each
position is part-time or full-time. Add pages as necessary, as
attachments to this page.
The main staff member for this project will be an Administrative Intern
who will serve as the Project Coordinator. This part-time intern will
be supervised by the Recycling Coordinator. The Recycling Coordinator's
f ° position is currently open, but the City of Denton expects to hire some-
one to fill this position prior to the end of this year. Until that time,
the Superintendent of Solid Wastes will oversee the supervision of the
project.
The Public Information Coordinator will act as a consultant to the Intern
for newspaper articles and advertisements and radio and T.V. announcements
about the importance of correctly disposing of used oil and the availabil-
ity and location of the sites within the city where collection containers
can be found.
The Environmental Services Coordinator will be used on an "as needed"
basis for any problems that concern contamination of the used oil within
the collection containers,
h
See the attachment for a short fob description and resume of these "key"
individuals.
I
I
i
I
I
ependaNo
#7,- Resumes of Key Individuals Agmdaltefg_
The City of Denton Solid Waste Division is a subdivision of the City of Denton utility F
Department which includes the electric utility as well as m=icipal laboratory. This
relationship enables us to take advantage of a variety of human resources who have
special expertise related to the project. The time these individuals spend on the 1
project represents a donation to the project, the only paid staff member will be the {
project coordinator proposed on a part-time basis for the duration of the one-year
project. A brief resume of four key individuals who will be involved in the project is
as follows:
PROJECT COORDINATOR-Marcia Hackett, Administrative Intern, City of Denton
Currently working for the City on a part time basis in the Solid Waste Division.
Coordinator for the used oil collection project that is currently under
construction. Developing public awareness and educational materials for Household
Hazardous wastes,
Bachelor of Science in Community Health, Mankato State University, 1976.
University of North Texas, Master of Science in Environmental Sciences, 9/92-Present
(3.7 GPA).
Research assistant at UNT working on wetland ecology project at Lake Ray Roberes.
Charles S. Watkins, AICP, Superintendent of Solid Waste Division, City of Denton, Texas
Seven years experience with responsibility for overall supervision and management of
Solid Waste Division consisting of Residential, Commercial and Disposal units with a
total of 46 employees. Prepares and administers annual budget and administered
majority of Landfill Development Bond fund, Responsible for hiring, performan-e
appraisals, training, counseling, and disciplinary action upon recommendation of
subordinate supervisors. Coordination of division activities and operations for
compliance with state, federal, and local requirements. Directs and conducts
feasibility, operational, and other studies and projects.
Bachelor of General Studies, University of Nebraska at Omaha, July 1972; Master of
City Planning, Texas Southern University, Houston, Texas, May 1979.
Member: American Institute of Certified Planners; Charter Member of American
Planning Association; Solid;daste.Association of North America.
Jim Coulter, Environmental Services Coordinator, City of Denton, Texas
Responsibilities include managing and directing programs and activities of the
Municipal Laboratory; administering the City's Pollution Abatement Program, Indus-
trial Pretreatment Program, and Regional Watershed Environmental Management Program;
represents the City before state and federal entities, such as the State Health
Department, Environmental Protection Agency, and Texas Water Commission regarding
environmental issues. Currently manages a division of 13 employees.
BA degree in Biology with a minor in Chemistry, North Texas University, 1973-1977;
earned NIS degree in Aquatic Ecology, 1977-1981; currently working on doctorate at '
University of North Texas,
1W3/071492068/6
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agenda No V2
AgandalterrL_/' 'j~
Richard Foster, Public Information Coordinator, City of Denton, TeAge `V w
L'
Lion
Supervises small professional staff. Provides utility-related public info lion
programs, energy, water, and solid waste conservation programs; and electric load
management programs. These include public service advertising in local media, news
releases, articles, newsletters, brochures, bill-stuffers, public presentations,
energy audits, appliance rebates, Tree Power program and monitoring energy consump-
tion of City and School District facilities.
Bachelor of Arts, Philosophy, Southern Methodist University, Dallas, Texas, May
1970; Master of Science, Coim=ication Studies, University of North Texas, May 1992.
Member. American Public Power Association; American Solar Energy Association;
Associate member of Home and Apartment Builders Association and Association of
Energy Engineers; City of Denton Tree Board.
The following is a job description for the recycling coordinator position:
1W3/07149206e/7
TITLE: CITY OF DEN'PON Ne._(` ~`-L---
RECYCLING COORDINATOR DATE: 05/25/93
DEPARTMENT: COMMUNITY SERVICES TITLE CD: RECY l
DIVISION: SOLID WASTE TTL GRP: PROFS
FLEA DESIGNATION: EXEMPT GRADE CDt PRO7
REPORTS TO: SOLID WASTE SUPERINTENDENT
JOPP~r or Promotes public awareness of, interest in, and
Includes environmental and public participation programs
pro minimizat on motinq and implementing recycling and other waste
program. programs as part of the City of Denton recycling
ESSENTIAL JOB FUNCTIONSt
0 Provides promotion and public education by speaking to other
councileandlothercrelatndvorganizationsuonhvarious schools, city
waste minimization,
o Prepares and presents special reports to the City Council.
o Develops and composes various publications to include
brochures, mail outs, and newspaper articles,
o Participates in the production of various Public Service
Announcements in video format,
o Prepares and submits weekly progress report to supervisor.
o Acts as coordinator for citizen groups involved in recycling
and other waste minimization programs.
o Manages Cityls in-house recycling program and recycled product
procurement program.
0 Researches and develops various waste reduction plans for city
wide implementation.
0 Keeps abreast of current recycling and solid waste
legislation,
o Stays abreast a; developments in waste reduction field.
o Interacts with private industry, other local government
agencies and local colleges and universities.
EQUIPMENTt
o Operates computer, typewriter, calculator, copy machine, etc.
OTHER IMPORTANT DUTIES:
0 Provides administrative support to Division manager as needed.
Ag0de No
Agenda Item,,LL:
TITLE: CITY OF DENTON DATEt 05/25/93 % ~Y•~~'
RECYCLING COORDINATOR TITLE CDs RECY l'
DEPARTMENT: COMMUNITY SERVICES TTL GRPt PROFS
DIVISION, SOLID WASTE GRADE CDr PR07
FLEA DESIGNATIONS EXEMPT 1
REPORTS TO, SOLID WASTE SUPERINTENDENT I
JOB SUMMARY, Promotes public awareness of, interest in, and
support for environmental and public participation programs.
Includes promoting and implementing recycling and other waste
minimization programs as part of the City of Denton recycling
program.
ESSENTIAL JOB FUNCTIONSt
o Provides promotion and public education by speaking to other
governmental agencies, civic groups, churches, schools, city
council and other related organizations on various topics of
waste minimization.
o Prepares and presents special reports to the City Council.
0 Develops and composes various publications to include
brochures, mail outs, and newspaper articles.
0 Participates in the production of various Public Service
Announcements in video format.
0 Prepares and submits weekly progress report to supervisor.
o Acts as coordinator for citizen groups involved in recycling
and other waste minimization programs.
0 Manages City,s in-house recycling program and recycled product
procurement program.
0 Researches and develops various waste reduction plans for city
wide implementation.
0 Keeps abreast of current recycling and solid waste
legislation.
0 Stays abreast of developments in waste reduction field.
0 Interacts with private industry, other local government
agencies and local colleges and universities.
EQUIPMENTt
0 Operates computer, typewriter, calculator, copy machine, etc.
OTHER IMPORTANT DUTIES:
0 Provides administrative support to Division Manager as needed,
~endaNo ~l~e ti,<f 1,
~~endal~ertt__~~ f
o Assists in the development of justification of budgetary,,," l0
ouLlays for the City's programs under the City of Denton
Recycling Program and works with private industry to solicit
contributions in support of programs.
o works with other city and regional governments and agencies in
joint efforts on recycling programs and other waste
minimization programs.
o works with private industry to build cooperative programs.
o Performs other functions as assigned.
i
KNOWLEDGE/TRAINING/EXPERIENCE/SRILLSt
o Knowledgeable in the principles and practices of comprehensive
recycling programs as they relate to solid waste management.
o Knowledgeable in Federal, State, and Local laws pertaining to
solid waste reduction and recycling.
0 Knowledgeable in current trends in waste reduction programs of
all types.
o Deals tactfully and professionally with the public and
employees,
o Skilled in public speaking and in producing written
communications.
o Maintains accurate records and prepare management reports.
o Two years of experience in recycling programs including public
relations work and administrative duties, preferably in a
public sector organization.
REQUIRED EDUCATION DEGREES, CERTIFICATES, AND/OR LICENSESt
o Bachelors degree in Business or Public Administration or
related field.
CONDITIONS OF EMPLOYMENTt
o PossesSa valid class C drivers license
0 Must pasta pre-employment drug screening
I
enda!!o ~.1 ' r.:
ACendalfenLel(=': )
8. Supplies Information (supplement to item S.d.) iI 30
The amount on the Fiscal Budget requested for supplies is: "
$ 850.00 ,
i
For any supplies that have a unit cost of at least $100 but
less than $500, describe the types and numbers of items
intend to purchase with grant funds. You
i-~ None of the supplies needed for this project have a unit cost of $100 or
more.
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9. Equipment Information (supplement to item
The amount on the Fiscal Budget requested for equipment is: l/
$_goos nn
Itemize, describe, and justify all equipment. Add pages as
necessary, by attachments to this page. When itemizing
equipment, separate into the following categories as
applicable:
a. Computer Hardware d. Vehicles
b• Computer Software
C. Furniture e• Other
We plan to purchase five Fibrex Used Oil Containers from Fibrex Containers
Company- State of Texas Vendor I.D. Number 154-151-8086-6000.
uanit Description Unit Price Total
3 Profile 465 Containers $1995.00 5985.00
2 Profile 275 Containers 1695.00 3390.00
Shipping and handling Cost 620.00
$9995.00
See attachments for detailed descriptions, price quote and picture.
i
FIBREX
FAX TRANSMITTAL SHEET 'fir'
ApertdaNa
PAX 140: 817-383-imVIt
TO : CITY OF DENTON, TX FROH: FIPREX Inc.
3724 Conk Boulevard
ATTN : MS. HAF;SHA HACYFTT Chesapeake, VA 23323
Tall Free 1-800-346-4458
DATE : 0.1/29/93 Phone 1804) 487-5744
Ftix (804497-5876
FROM Doh Brom
SENUINO: 5, PACES, INCLUDING COVER SM&RT
1 IF YOU ARE NOT MECEIVING THIS TRANSMITTAL PROPERLY, OR IF NOT
CLt:AR, PLEASE CALL Y)HREX ;804) 487-5744.
?least find attAchrd a prict quotmUoi, fo: our 27r, ciallon
And 465 gallon PXOPILE USED-01L rtr•ycl ins! contoir,r: s.
The PROFUF UNed Oil colitniner id; An excellent way to -
collect used oil from MY oil cha:,9crz4. This can bt datie It, %
safe, easy, w21vilaD:nc;ntr,)1y shfa way f'OCallstr of the 119Vt1 OS)
eot,teiner'a shacia) dvi.+iyu failure-!. marl heavy duty t-onstrurtiun.
If you should )INVL. any yuVS lit+uho c,! rfrjuire further
` it orme or, ploasc conthet mr r,t 1-800-346-4458.
01'. -oo it
Sal e. Met ,sy .r
BB/Sr
Enclosures
'h
I _
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FIBREX
F1BM RFCYCI.7NC CONTAINERS ✓ c'
ApertdaNo
QUOTATION Agenda IWL--6LL-L'~
Ma: cl90, 1957 Rite G
Quotation submitted to: City bl Dcntol., % Xas
Atle:~tirrn: No. It assf.a Hackrtl
DESCRIPTION CODE COIIOk QUANTITY UNIT PRICE TOTAL
USED OIL CONTAINER 275ga1 utitc OS 1,695.OD $ B,47f~,00
SHIPPING 6 HANDLINO COST $ F20,00
TOTAL $ 91095.00
.
a/aa/ettt u
USED OIL CONTAINi.R......... 465gs) VII ilr 05 S 11995.00 S 91975.00
SHIPPINO 6 HANDLING COST S 620.0
TOTAL S 10,595.00
RtCia atiy♦L,
DELIVERY TEXMS : f.O.H. C.IF~epaak~, VA
DELIVERY TINE 30-45 days
PAYMENT ?CAMS net 30 days
FIBREX INC - 3724 CQOk b1.VD - CNFSAPBAXE VA 2)323 I.800.j46.4458
USED Oil_ RECYCLING
FIB REX USED OIL FIECYCLING
_ USED OIL Fir-c- ING
I
RECYCLE user a1 Wxe
r j
.F 5
FIBREX, fPdC • 3i74 C'ogk Elr~1 r,v Ir~1 • ,hr,;;q,E,nk,r~, `Jir~~uii i •';;,a,~,~ . f~luunr -P•I~O ~ 15 14r;~3
i
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PROFILE 275 & PROFILE 465 [)Arc 10 Ile
.r
USED OIL CONTAINER
INTRODUCTION: The PROFILE USED•O!L Container is an excellent way to collect used oil from the public. This can be
done in a safe, easy, environmentally sound way because of its special design features and heavy duty construction.
STANDARD SAFETY FEATURES; HOW TO USE 1
I
A heavy duty outside construction offers The used oil is disposed of, through a deep
protection if struck by a vehicle, The oil sink disposal funnel fitted with a debris screen,
reservoir unit consists of an inner tank The disposal funnel Is protected by a securely
which is built Into the fiberglass container, fitted, rain tight lockable cover.
These construction features avoid any type HOW TO EMPTY
of engineering-and/or environmental sur- First, open the full-tilting clamshell container top,
1 prises. A tank gauge (oil level indicator) is operated by gas props. The container Is emptied
mounted visibly from the outside. All units through a covered access port located on the top
are furnished with a 2' vent. An automatic of the tank, inside the fiberglass container, by
fire-extinguisher Is standard In every model. means of vacuum suction. As an additional option,
The container is clearly labeled with neces- the tank can be fitted with a 2' quick release
sary material hazard Identification signal coupling. For extra protection these are located
decals and instructions for use, inside the container.
TECHNICAL SPECIFICATIONS
PROFILE 275 PROFILE 465
Coda: 4500 Weight 400 lbs. Code; 45OW Weight 440 lbs.
Tank Size: 275 gal. Helght: 61' Tank Size: 465 gal. Height 61'
Wdlh: 49.5' Width: 49.5'
Length: 71' Lenght: 71'
Outside Container, Heavy duty, fire retardant treated, Outside Container. Heavy duty, fire retardant treated,glass
glass reinforced polyester, reinforced polyester,
Inner tank High density poryelhyleno (HDPE) encased in Inner lank: Steel
galvanized VW,
Package disposal: Through separate chute into 50 gallon plastic Pacluge d+'sposal: Not available
bag vvhlch is removed manually,
1-800-346-4458
_ FIBREX
F) R~XlUSED OIL COLLECTION CONTAINER - Add
n
Agenda lterrl._ai ~
Ptimary Tank: PROFILE 465 k 40 vallcn, .ter]. tart, rur,strurtrd~3 -of 1b J
gauge Shtel metal, all`parta fully Welded.
G
PROFILE 295 - A 215 gAIIn n HDFE tank rirasrd in gslvaai2td attn .
Liquid Level Gauge: 8200 St•ties is a Ltar.a and l;liinless t.ttel construction
spiral gauge made esptcfally for marine apklicatiens mud oil at fuel tank:..
The gauges bavt a 1 1/2" MNPT tank ronuection, they art dcsigncd fcr top
moulting on)y, aid art UL )fisted foi f]een'abll. Liquids.
Self Activated Fire Exti[rguishecr kiddy Fyto catch Ilodcl IND SS. Clargtd vW,
liquefied gas knowiu as Halo„ 12]]. It il, tgvipped with a prraurt yauy,,
an automatic djncl3:ge valV( And fill value, Wheo iistal]cd, ill the eveit
of a file, i1,t disehargl~ valve will automatically open when the con,pyrlu•rr:t
temperature rf!.es to of ~.xctads 165 degrror+ FtLreit 6eiI.
Outer Container: Heavy duty, fire Ittardtl,t ltrattd, glaaa teiifc,m d
Polyester dyY,t system. Both sideti lilt gtlcoaltd to avoid ail inp!syiotiot,.
Top inside has fire rutardeit loan coatiig. ftottom is of one pi tre _
construction.
Vent: Valve am tomatIchIly opens ml a psig inttena] prassu•s.
Iapact Aamage Prevention: The out bide container hMk it s(tole I frmmc felt
additional strergIh to minitrizt tick of damage if !a ruck by H car,
Uispoaal Funnel: Deerp .sink flttt'd wit), a dtb!iA sciccn.
Lockable: both the setvict access and tht disposal silk alt fitted will, t,
lockable cover,
Yollwting decals supl-lied it, ensure ,aft uat•r
1. "Rccyclr. Itatd Oil Ht'rc"
2. "Please close Ihr 1111"
t. EPA recycled oil-drop rynh,rl N P
4. Oil level gauge -
5. Step 5y mtap iustiuttion~ fol unt
61 "Service Access Only"
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Ageldalte
r;e = x__93
10. Contractor Information
(supplement to item 5.f.)
If all or part of the proposed project is to be performed by a
contractor, describe the function and p urpose of the
contrac how
tor, how the contractor was or will be selected. and
the contractor will be reimbursed. Add pages as necessary, as
attachments to this page.
The services of a contractor will be needed to construct concrete pads
at each of the satellite sites to place the used oil containers on. The
contractor will excavate, form, and pour the pads.
Each year the City of Denton holds a sealed bidding process by which a
concrete contract firm is selected. The firm who currently has this
contract with the city is Floyd Glenn Smith Concrete Contractors. This
is the firm that will be used for this phase of the project.
AgesSaItertU~
11. Map/Location Information I~~• 0
Attach a map of the project area.
r
12. Resolution and Assurances
Attach a copy of a signed resolution adapted by the governing
body of the applicant (agency), certifying the following:
a. That the applicant will comply with the provisions of the
financial assistance program and the fiscal reimbursement
and reporting requirements of the Texas Water Commission
and the State of Texas;
b. That the funds will be used only for the purposes for which
they are provided; and
c. That the proposed project is in compliance with and
supports any adopted regional or local solid waste
management plan appltcable to the geographical area covered
by the project. (Attach a resolution or letter of
confirmation from the appropriate regional planning
agency.)
113. Work Program
Attach a complete proposed work program which includes the
purpose, goals, scope and objectives of the proposed project,
and which describes how the project will be completed. Divide
the project into logical phases or tasks, and with your work
program, include a "time-line" chart which depicts time frames
and estimated completion dates for each project phase or task.
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Co,~S'4ruc4.Df- on{ c'.iy owned profer~F,~. u3 l) tee#N -4o p,iat;e
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KAFJ6 U s&,4e ~.'~G RUC 4,1.i GAS el" i .S 7rO Deb! OIGt
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AgeolaNo
NUMBER 13 WORK PROGRAM
G'
THE CITY OF DENTON IS CURRENTLY WORKING ON THE CONSTRUCTION OF A
PERMANENT USED OIL COLLECTION FACILITY TO BE LOCATED AT THE SOUTH
END OF THE CITY'S SERVICE CENTER GARAGE ALONG CRAWFORD STREET.
THIS FACILITY IS THE RESULT OF A USED OIL GRANT BY THE NORTH
TEXAS COUNCIL OF GOVERNMENTS. THE CITY OF DENTON IS AWARE THAT
THIS TYPE OF FACILITY IS NEEDED TO MITIGATE THE PROBLEMS THAT
RESULT WHEN HOUSEHOLD GENERATED USED OIL IS SIMPLY MIXED WITH
HOUSEHOLD SCLID WASTES AND LANDFILLED OR IT 1S POURED ON THE
GROUND OR INTO THE STREET. THE POTENTIAL FOR GROUNDWATER
CONTAMINATION AND THE ENDANGERMENT TO HUMAN HEALTH OR THE
ENVIRONMENT THAT RESULTS ARE BECOMING INCREASINGLY SERIOUS
PROBLEMS. DENTON'S PERSONAL VEHICLE POPULATION IS ESTIMATED TO
GENERATE OVER 45,000 GALLONS OF USED OIL FROM DO-IT-YOURSELFERS
ALONE. IN ORDER TO PROMOTE THE SAFE DISPOSAL AND RECYCLING OF
USED OIL TC' THIS TARGET GROUP WE WOULD LIKE TO MAKE ACCESS TO
USED OIL CO.'.LECTION CONTAINERS AS EASY AS POSSIBLE.
THAT IS WHY WE INTEND TO PROVIDE REGIONALLY LOCATED USED OIL
COLLECTION CONTAINERS THROUGHOUT THE CITY. THE CONTAINERS WOULD
BE LOCATED AT THE FIVE OUTLYING FIRE STATIONS. THE LOCATIONS OF
THESE STATIONS IN THE VARIOUS PARTS OF THE CITY WILL MAKE THEM
IDEAL SITES. THE FACT THAT THREE OF THE FIVE SITES ARE CURRENTLY
BEING USED AS NEWSPAPER RECYCLING LOCATIONS AND ONE OF THE
REMAINING TWO SITES IS IN CLOSE PROXIMITY TO ONE OF THE CITY'S
DROP OFF RECYCLING SITES SIMPLY REINFORCES OUR DECISION.
ANOTHER REASON FOR LOCATING THE CONTAINERS AT THESE STATIONS IS
BECAUSE THEY ARE MANNED 24 HOURS A DAY, SEVEN DAYS A WEEK. THIS
WILL REDUCE THE POTENTIAL FOR VANDALISM AND/OR CONTAMINATION OF
THE CONTAINER'S CONTENTS.
TO PUBLICIZE THE USED OIL COLLECTION SITES, THE CITY WILL UTILIZE
THE LOCAL PRINT MEDIA THROUGH A SERIES OF NEWSPAPER ARTICLES AND
ADVERTISEMENTS. IN ADDITION, THE LOCATIONS OF THESE SITES WILL
BE ADDED TO THE PROMOTION AND EDUCATIONAL MATERIALS THAT ARE
ALREADY BEING DEVELIPED FOR THE ORIGINAL PERMANENT USED OIL
COLLECTION SITE AT THE MUNICIPAL SERVICE GARAGE.
A TOTAL OF $20,579.31 IS REQUESTED TO FUND THIS PROJECT TO BE
EXPENDED AS FOLLOWSi
AN INTERN ON A PART TIME BASIS TO COORDINATE THE PROJECT AND
PREPARE ADS AND OTHER PROMOTIONAL MATERIALS (240 HOURS)-
$1'476.00
FIVE USED OIL COLLECTION CONTAINERS- $9995.00
CONCRETE PADS AT EACH OF THE FIVE SITES TO PLACE THE
CONTAINERS ON- $6142.00
52
Aorrd3 No
A;~ndaltenL,~.. ON SITE INSTRUCTIONAL AND INFORMATION SIGNS AND MISC.
SUPPLIES- $850.00
PRINTING, ADS, AND OTHER PUBLICATIONS- $1000.00
DUE TO THE FACT THAT THE CITY IS ALREADY WORKING ON A USED OIL
COLLECTION PROGRAM, THIS PROJECT SHOULD BE SIMPLE TO IMPLEMENT.
THE DELIVERY TIME ON THE CONTAINERS IS 30 TO 95 DAYS. WHILE WE
ARE WAITING FOR THEM TO ARRIVE, WE WILL HAVE PLENTY OF TIME TO
CONSTRUCT THE CONCRETE PADS. THESE SITES COULD BE OPERATIONAL
WITHIN TWO MONTHS OF THE CONTRACT BEING SIGNED BY THE CITY OF
DENTON AND THE TEXAS WATFI COMMISSION.
JULY 1, 1993- ORDER THE TANKS AND CONTACT THE CONCRETE WORK
CONTRACTOR
JULY 15, 1993- BEGIN CONSTRUCTION OF THE PADS
AUGUST 1, 1993- COMPLETE CONSTRUCTION OF THE PADS
AUGUST 15, 1993- TAKE DELIVERY OF THE USED OIL CONTAINERS
AUGUST 30, 1993- OPEN THE SITES TO THE PUBLIC
MONTHLY REPORTS WOULD BE MADE ON THE QUANTITIES OF USED OIL COL-
LECTED AT EACH SITE. THESE REPORTS WOULD BE ANALYZED TO COMPARE
USAGE BETWEEN SITES. BECAUSE THE CONTAINERS ARE MOVEABLE, IT
WOULD BE POSSIBLE TO CHANGE LOCATIONS OF A SITE IF IT PROVED TO
BE APPROPRIATE. THESE REPORTS WOULD ALSO BE CALCULATED ON A
YEARLY BASIS AND MEASURED AGAINST THE ESTIMATED ANNUAL CITYWIDE
HOUSEHOLD USED OIL GENERATION TO OBTAIN A DIVERSION PERCENTAGE.
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CITY COUNCIL REPORT FOB= plt~_
TO: Mayor and Members of the City Council
FROM. Lloyd V. Harrell, City Manager
"~4') C
SUBJECT: Special permit to work Sundays on Teasley Lane Utility
Relocation Project
1
1jEC~NDATION•
Grant a special permit to allow Citys, contractor (Pate Brothers
Construction Company) to work on Sundays
IMIU Y r
We are requesting that the contractor be allowed to work Sundays to
complete the project by August 1, 1993. The Texas Department of
Transportation must be notified by this date in order to schedule
the widening of Teasley Lane. The special permit provides the City
Engineer, if an emergency exists, to allow work on Sundays (i.e.
Inclement weather and/or construction delays).
BACKGROUNDr
This utility relocation project began May 17, 1993. The City must
advise the Texas Department of Highways by August 1, 1993 that the
utility lines have been relocated. If we cannot accomplish this
work by August 1st, this highway project could be cancelled or
delayed indefinitely.
PROGin MS D.anRmMENTB OR CROUPS n
FF CTED:
Utility Department, Engineering i Transportation, and the Citizens
of Denton
FISCAL IMPACT•
overtime for inspection and surveying, loss of a ten million
highway project if the utilities are not relocated in a timely
manner
AEE00168
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Ageada)f ql Cs .
Chapter 20
NUISANCES'
Art. I. In General, 111120-1-20-30
Art. 11. Abandoned Property, §120-31-20-70
Div. 1. Generally, 20-31-20-40
Div. 2. Motor Vehicles, 20.41-20.70
Art. III. Grass and Weeds, 20.71-20.73
i
ARTICLE 1. IN GENERAL
Sec, 20.1, Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive;
(1) The playing of any phonograph, television, radio or any musical instrument In such
manner or with such volume, particularly between the hours of 10:00 p.m, and 7:00
a m , as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen-
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier ormusical Instrument In such manner
or with such volume as to annoy or disturb persons of ordinary sensibilities in the
Immediate vicinity thereof, particularly between the hours of 10:00 p.m, and 7:00
a.tn„ or the operation of such loudspeaker, amplifier or musical Instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public interest will be served thereby;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger;
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m, and 8:30 p.m., Monday through
'Cross references-Protected migratory bird roosts declared nuisance, § 0-87; inspectfon
and abatement warrants, § 19-88 et seq ; Insect and rodent control in mobile home and rec.
reational vehicle parks, § 32.91.
Supp, No ,1 1389
No
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20-1
DENTON CODE
Saturday; provided, however, that the city council may `,sue special permit; for such
work at other hours in case of urgent necessity, and in the interest of public s-4 and
ajutv
convenience;
(6) The creation of any loud and excessive noise In connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con-
ta{ners;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or peopla to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, §1114-20, 14.21)
Cross reference-Animal noise, § 6.26.
Sec. 20.2, Odors,
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or Nury to persons of
ordinary sensibilities in the immediate vicinity thereor,
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive,
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possession of chemicals or from Industr{al processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(5) Offensive odors from stagnant pools allowed to remain on any premises or from 1
rotting garbage, refuse, ofral or dead animals on any premises,
(Code 1966, Of 14.22, 14.23)
Sec. 20.3, Garbage, trash and rubblsh nuisances- Generally,
(a) Storing or k¢epinggarbage, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, Junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
Supp No 1 1390
M
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Dais - 3
June ,
CITY COUNCIL REPORT FORMAT
TO: MAYOR AND MEMBERS 01 THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER APPROVAL OF THE ARMY CORPS OF ENGINEERS'
RECOMMENDATION (ALTERNATIVE F) FOR REPAIR FOR THE RAY
ROBERTS EMBANKMENT.
RECOMMENDATION:
Staff recommends the development of letter, signed
jointly by the cities of Dallas and Denton, approving the
Army Corps of Engineers' recommendation (Alternative F)
for the repair of the Ray Roberts dam.
BACKGROUND\SUMMARY:
On January 22, 1993, the cities of Dallas and Denton and
the Corps of Engineers met to discuss the erosion problem
which has developed over the past couple of years along
the embankment of Ray Roberts Lake. At this meeting,
Denton and Dallas were presented with several options (4)
for repairing the dam face. These options included only
partial protection of the dam face and ranged in costs
from $1.8 to $3.4 million.
Subsequent to that meeting, the Corps has investigated
some additional alternatives for repairing the erosion
damage. The plan that is being recommended by the Corps
theldam entire
on length a IVs4H (110700 slope etfrom
elevation 640.5 feet down to 625.0 feet. The cost of
this plan was estimated to be $6.7 million. The cities'
share would be approximately $4,736,000 while the Corps'
share would be $10960,000. The cities' water supply
repayment schedules for Ray Roberts Lake would be
adjusted to account for the cost of repairs.
While this plan does not have the lowest construction
cost, it does afford the best long term protection to the
embankment, reduces costly risks associated with erosion
of the construction roadway and flooding of the work area
during construction due to storms and a rising pool, and
provides for low annual maintenance costs.
ApndaNo ,
Apndaite
To accomplish this repair, the conservation popi
elevation must be dropped from 632.5 to 625 during the
construction period. To expedite repairs, the Corps have
developed a schedule for the completion of the design and
reviews such that the award of a construction contract
can be accomplished in late August of this year. To
accommodate the construction schedule, drawdown must be 1
initiated in early June. Consequently, the cities need
to approve this alternative within the next week to
maintain the proposed schedule.
PROGRAW DEPARTMENT OR GROUPS AFFECTEDi 1
Citizen of Denton, City of Denton Public Utilities
FISCAL IMPACT:
The fiscal impact of this project on the City of Denton
is 26% of $4,736,000 or $1,232,360. This would result in
an increase in the November, 1995 debt service payment
for water storage in Ray Roberts from $2,181,074 to
$2,274,284 or approximately $93,210 annually.
~I
I
Respe ly submitted,
I
Lloyd arrell
City Manager
Prepared by
I
Howard Martin, Di ector
of Environmental Operations
I
Approved by
E. Nelson, Executive Director
Utilities Department
FILE:C:\WP51\PUBAGEND\RRDAM93
~VipdaNo
DEPARTMENT OF THE ARMY Azoldalterr--~'s_
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P O BOX 17300
ti. FORT WORTH, TEXAS 761020300
~ws N7. May 12, 1993 f
Programs and Project
Management Division
Mr. R. E. Nelson
Exocutive Director, Department of Utilities
City of Denton
215 East McKinney Street
Denton, Texas 76201
Dear Mr. Nelson:
On January 22, 1993, staffs from the cities of Dallas and Denton, and the Corps of
Engineers met to discuss the erosion problem which has developed over the past couple of
years along the embankment of Ray Roberts Lake. The meeting was informative and
resulted in a good exchange of ideas.
Subsequent to that meeting, the Corps has investigated several alternatives for arresting
the erosion. Results of that analysis are provided in the enclosed Design Memorandum No. S
- Embankment and Spillway (Re►lsed), Supplement No. 3 - Upstream anbarlmtnt Erasion
Repair, dated March 1993. This document provides an overview regarding the need for the
repairs and provides the considerations which were taken into account in identifying a
recommended plan.
The plan which we are recommending includes armoring of the entire length
(11,700 feet) of the dam with 30-inch stone on a 1V' feet
down to 623.0 feet, The cost of this plan was estimated slope tbe $from 6.7 million. ~ these
repairs would be a joint project cost, they would be cost shared in the same proportions as
the joint casts for the overall Ray Roberts Lake Project, i.e. 70.73 percent water supply
(cities of Dallas and Denton) and 29.27 percent recreation (Corps). Consequently, the cities'
share would be approximately $4,736,000, while the Corps' share would be $1,960,000.
The cities' water supply repayment schedules for Ray Roberts lake would be adjusted to
account for their cost of the repairs.
While this plan does not have the lowest construction cost, it does afford the best long
term protection to the embankment, reduces costly risks associated with erosion of the
construction roadway and flooding of the work area during construction due to
I
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storms and a rising pool, and provides for low annual maintenance costs. With the rapid
deterioration of the embankment shoreline within the past few months, it is one of only two
alternatives which remain viable under today's conditions.
As presented in the report, the recommended alternative would require that the
conservation pool be lowered four feet, from elevation 632,5 feet to 626.5 feet, during
construction, which is estimated to,take about 12 to 15 months. Such a drawdown would be
a minimum based on the design conditions considered in the report. Such conditions
assumed that there are sufficient quantities of excavated material to construct the roadway
and cofferdam to elevation 635.0 feet. After recent storms, the amount of available material
has been greatly reduced. Additionally, the likelihood of costly erosion damage to the
roadway and cofferdam during construction increases as the top of conservation pool
increases. Consequently, we are now recommending that the lop of conservation pdol be
lowered 7.5 feet to elevation 625.0 feet. This will reduce the risk of costly repairs to the
construction roadway during construction, and potentially reduce the cost of the embankment
repairs a great deal.
In view of the urgent nature of these repairs, I am requesting that the cities of Dallas
and Denton concur with our recommended plan and lowering of the top of conservation pool
to elevation 625.0 feet during the construction period. To expedite these repairs we have
developed a schedule for the completion of the design and reviews such that the award of a
construction contract can be accomplished in late August of this year, To accommodate this
schedule, the conservation pool must be lowered to elevation 625,0 feet by early September.
Ills In turn will require that such drawdown be initiated in early June. Consequently, the
cities' concurrence would be needed within the next week to maintain this schedule, To
assist your staff in evaluating the recommended plan, we have scheduled a meeting with
them on Friday, May 14, at 10:00 a.m, In room 4J06 of our office in Fort Worth to discuss
the issues regarding this matter.
If you have any questions or need additional information, please feel free to contact me
at (817) 334.3565. 1 look forward to our continued association on the Ray Roberts Lake
Project.
Sincerely,
/
Michael J. Moce , PX.
A -4--w Y
Deputy District -ngineer
Enclosure
~yanda~te~ s q _
ALTERNATIVE F'
• 30 INCH RIPRAP ON 1:4 CUT SLOPE STA 22-139 j
1
• COST - $6,108,000 -~~~`>~hVCZ~pH COSY
• INSIGNIFICANT ANNUALIZED MAINTENANCE COSTS
• PROTECT DOWN TO ELEVATION 625
• ADDITIONAL EROSION HAD NO AFFECT
i
• AESTHETICALLY PLEASING
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- ------------1993 ID TASK START FINISH Jan Feb Mar A r Ma Jun Jul Au Se Oct Nov Dec Jan Feb
116 EMBANKMENT 1122193 3116196
ill Erosion Repair ~ 1122/93-! 3116196
i l e Ming w/Sponsors 1122/93 1122193
119 Complete DM 1122193 3123193
120 Print OM 3/24193 3130193 g '
121 Submit OM 3130/93 3!30193 ♦ l
122 Review 6 Approve OM 3131193 4130193
123 Initiate PBS 3/3D/93 3130193
124 Surveys 4118193 5/7/93
125 Complete PBS 3131193 6/15/93
128 Print PBS 6116193 6118193
127 Submit PBS 8/18/93 6118193
128 Approve PBS 60193 716193 ® I
129 Revise PBS N1193 7113193 1
130 Print Final PBS 7114193 7/20193
131 Envir. Assess. 411193 6118193
132 Advertise 7121193 8/20193
133 Open Bids 8120193 00193
134 Award 8/23193 6/31193
135 letters of Concurrence 5113193 5/21/93
136 Deviation 5/24193 614193
137 Drewdown 87193 6126193
138 Notice to Proceed 9/1/93 9/16193
139 Construction 9117/93 3118/9S~
V t
Critical MON= Milestone ♦ 1
Projod:RAY ROBERTS LAKE PROJECT • EMBANKMENT REPAIR
0
081x; b114193 Noncritical Summery
Progress Rolled Up O
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RAY ROBERTS LAKE
EMBANKMENT RESTORATION
DRAWDOWN ANALYAIS
► ASSUMPTIONS:
MAX RELEASE = 2000 CFS = t~:~,{ .s
HYDROPOWER TO BE MAX
DRAWDOWN BY MID AUGUST ~
► DRAWDOWN START DATES
625.0 626.5
START START
WET 25 MAY 14 JULY
DRY 22 JUNE 17 JULY
AVG 05 JUNE 15 JULY
a
CORPS OF ENGINEERS
iat,t from outlet
~'~~i, ~ ,h- feet abov:-
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Photo 2- View of etc~sion lu~~klr,g
left from outlet works eelrice
bridge; lake is t'o'o feet -31-ve {
conservation
RA Roberts Lake Exhibit 3
"''MFATY SUPEiEMENT N'?.? TO C.M. NO 5 fFE'~:FF:'
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F CORPS OF ENGINEERS ) U S tJ<•
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Photo 4- View of 16C,31:'C'~ I erosion inlet at Sta 55t;
the erosIrnn is abrut It fec-t from the ri1-,ra1, and the
vertical sr at p is -jI,It i t.. feet; lake is at
r-onset"'at i<'r, 1".I,.1
Ra Roberts Lake _Exhibit 4 i
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Ag"A It
CITY COUNCIL REPORT Date
TO: Mayor and Members of the City Council l
FROM: Lloyd V. Harrell, C_+:y Manager
SUBJECT: Request for an Exemption from the Noise Ordinance for
Juneteenth Celebration until 12:00 midnight on Friday,
June 18
DATE: June 1, 1993
r
BACKGROUND:
Willie Hudspeth, representing the Juneteenth Celebration Committee,
has requested that the City Council grant an exemption to the noise
ordinance during the Juneteenth Celebration, Friday, June 18 until
12.00 midnight. The noise ordinance declares loudspeakers,
amplifiers, and musical Instruments a noise nuisance
after the hour of 10:00 p.m. particularly
attached). However, the ordinance states that thepCityfC uncilamay
make exceptions when the public interest is served.
The event, co-sponsored by the Parks and Recreation Department and
a citizen committee, is held annually in Fred Moore Park. The
activities, dallncInclude
contestfood
basketball information
and agames and
tournament booths,
This year's event Is scheduled from 10:00 a.m. to 11:00 parade.
Hudspeth has requested that the event be exempted from the noise
ordinance until midnight. The event ends at 11:00 p.m. but the
crowd may not be cleared until midnight.
T
he Juneteenth Committee has also requested that the regular Fred
Moore
necessaryk oo allrs be
s
forethedcrfrom owd 10:00 p.m. to midnight. to leave the Thiwas
after the event ends at 11:00 p.m. The Parks and Recreation
Department Is given the authority to grant this extension in the
City Code and has granted its permission.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Juneteenth Celebration attendees, neighborhood residents
FISCAL IMPACT:
None.
i
I
~endaNa -o~~ ~
A~eadaltelt~ :eS ~`~o
Please advise if I can
provide additional information.
I
RESPECTFULLY SUBMITTED,
Lloy v. Harrell
City Manager
Prepared by:
Catherine E. Tuck
Administrative Assistant
I
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~ endarye>l~_ ~
93 _
fk;13_- f ~
Chapter 20
NUISANCES•
Art. I. In General, If 2(W-2(W0
Art. II. Abandoned Property, H 20.31-20.70
Div. 1. Generally, 1120-31-20-40
Div. 2. Motor Vehicles, H 20.41-20-70
I Art. III. Grass and Weeds, 9120-71-20-73
ARTICLE I. IN GENERAL
t
Sec. 20.1. Noise.
(a) It shalt be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10.00 p.m. and 7:00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen•
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner
or with such volume as to annoy or disturb persona of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00
a in., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunder, provided, however, that the city council may make exceptions upon
application when the public interest will be served therely;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or u a warning of danger;
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 am. and 8:30 p.m., Monday through
'Crop references-protected migratory bird roosts declared nuisance, 16-87: inspection
and abatement warrants, {19.88 et seq,; insect and rodent control in mobile home and rec-
reational vehicle parks, 132-91.
Supp. No.1 1389
~ ar•^tla Vern
§ 20.1 DENTON CODE''
Saturday; provided, however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tainers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, Of 14.20, 14.21)
Cross reference-Animal noise, § 6.26.
Sec. 20.2. Odors.
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to parsons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other similar places;
(3) Offensive odors from the use or possession of chemicals or from industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(5) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, offal or dead animals on any premises.
(Code 1960, f f 14.22, 14.23) '
Sec. 20.3. Garbage, trash and rubbish nuisances -Generally.
(a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structured or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
Supp. No. I 1390
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CITY COUNCIL REPORT 09A
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: REQUEST FOR EXEMPTION FROM NOISE ORDINANCE DURING THE
NORTH TEXAS STATE FAIR AND RODEO, AUGUST 20-30, 1993
DATE: June 1, 1993
BACKGROUND:
The North Texas State Fair Association has requested that the City
Council grant an exemption to the noise ordinance during the North
Texas State Fair and Rodeo, August 20-30. The noise ordinance
j prohibits the use of loudspeakers, amplifiers, and musical
instruments on Sundays. The ordinance also declares loudspeakers,
amplifiers, and musical instruments a noise nuisance, particularly
after the hour of 10:00 p.m. (please see copy of ordinance
attached). However, the ordinance states that the City Council may
make exceptions when the public interest is served.
SUMMARY:
Mr. James Roden of the North Texas State Fair Association has
requested that the North Texas State Fair and Rodeo be granted the
following exemptions from the noise ordinance:
DATE: EXEMPT UNTIL:
August 23 - 26 (Monday - Thursday) 11:00 P.M.
August 20, 21, 27, 28 12:00 midnight
(Fridays, Saturdays)
August 22 (Sunday) 1:00 P.M. - 11:00 P.M.
August 30 (Sunday) 8:00 a.m. - 4:00 p.m.
Mr. Roden indicated that this is the same timetable that the fair
has scheduled for several years. These are also the same hours
that were granted in the noise exemption last year.
Staff from the City Manager's office, Planning Department, and
Police Department met with representatives of the Fair Board to
ensure that adequate security arrangement were being planned. The
Fair Board members indicated a willingness to meet with the
neighborhood prior to the actual event to ensure clear
communication.
The Police Department has received noise complaints from citizens
in the neighborhood during other events which ended later than
10:00 p.m. which have been held on the fairgrounds in the past.
The presidents of the North Denton Center Neighborhood Association
iandaNo
Apndaitam
and the North Lakes Neighborhood Association have been notified
this request.
The Legal Department is working on a towing ordinance that would
allow illegally parked cars to be towed away. Staff would
recommend that if this ordinance is passed by the City Council,
then a temporary no parking, tow away zone be placed on Carroll
Blvd. during the Fair. This will be brought for the City Council's
consideration prior to the Fair.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
North Texas State Fair Association, citizens and visitors attending
the fair, neighborhoods
FISCAL IMPACT:
i
None
Please let me know if -an provide additional information.
I
I
RESPECTFULLY SUBMITTED,
Lloyd Ha rr1J1~
City Manager
Prepared by: l
ck
Catherine E. Tuck
Administrative Assistant
Agenda No
NORTH TEXAS STATE FAIR ASSOCIATJON
y
I
May 19, 1993
i`rnidenVE.acW.v UrKlu j
J.-e, RodM
Yice PreHMM~in.nca/
t Rem,n'rw.non,
ems P:.... j
V" PrnidenVRr,ne Eren Denton City Council
b
215 East McKinney Street j
Denton, Texas 76201-4229
e,c M.ro..,
i treuu•er.
To Members of the Denton City Council:
OvK1Vr,
arr<de.North Texas State Fair Association respectively requests a special
cr,. cap r,;.;on.„d exemption for the use of loudspeakers, amplifiers, and musical
Me.r'n He ce• instruments (same as approved for 1992) for the purpose of conducting
`"dH"pe' the 65th North Texas State Fair and Rodeo.
R.G., H"nt
De . „n ON
r ov LaOire
RD Mal" August 23-26 UNTIL
11:00 P.M.
c., WK,gO , (Monday-Thursday)
11, M.., 141k,
5:r Moo•. August 20, 21, 27, 28
C,nrv Schertr 12:00 Midnight
04'w4 IN,fti e. (Fridays, Saturdays)
J0 vw,eiro
CaentrJUdge August 22
uetd ,•uqu, 1:00 p.m.-11:00 P.M.
CPO vv'y" (Sunday)
P.e,.oen, w er.mG. August 30 5:00 a.m.-4:00 p.m.
ce"MP o (Sunday)
1lonau, &wd of Otr,cton.
H R kmmor;
M." He,,.n. Sr The location is 2217 North Carroll Boulevard, Worth Texas State
Ysirgrounds.
The Fair is a major activity of this community and has for 65 years
been a cornerstone to the quality of life we all hold dear. Definitely
a part of the heritage of this area, North Texas State Fair continues
to hold a place in the hearts and minds of the people. Our dedication
is to youth, agriculture, and the community.
As we promote tourism to Denton on a year-round basis, we continue to
run into problems because of the sound ordinance. Some examples aret
Denton County Youth Fair, weddings and recr.ptiona, dog shows, live-
stock shows, barrel races, Cinco De Mayo, company parties and
activities, cook-offs, Denton High School Rodeo, benefits, PYRA Rodeo
(4 years to 19 years of age) and car shows, to name a few.
J
Ll0.1 2217WHtHEAHH6ll PO6GX;p95 DEWN lOASlr,i" 1,4 17) ;,12
-47
Page 2
May 19, 1997
i
In vier of these conflicts, we request the council look into some Permanent
relief for the Fairgrounds so that activities say be scheduled in Denton
t and the business coeunity say profit from Tourism.
S cerely,
ames Roden
President
North Texas State Fair
i
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Chapter 20 l'
NUISANCES'
Art. I. In General, 1120.1-20.30
Art. H. Abandoned Property, Of 20.31-20.70
Div. 1, Generally, 1120-31-20-40
Div. 2. Motor Vehicles, H 20.41-20.70
Art. III. Grass and Weeds, Of 20.71-20.73
ARTICLE I. IN GENERAL
Sec. 20.1. Noise.
(a) It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
i itensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
(c) The following acts, among others, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 7:00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen•
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner
or with such volume as to annoy or disturb persons of ordinary sensibilities In the
immediate vicinity thereof, particularly between the hours of 10:00 p.m, and 7:00
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public interest wilt be served thereby;
(3) r o. hf Lig of any steam whistle attached to any stationary boiler or the blowing of
-'y other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or atop work or as a warning of danger;
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through
"Cross references-Protected migratory bird roosts declared nuisance, 16.87; Inspection
and abatement warrants, 8 19.80 et seq.; insect and rodent control in mobile home and r".
reational vehicle parks, 132-91.
supp. No. 1 1389
4 20•l DENTON CODE ~'00~1•:K;..~~._ e l1_.._
lT.~~
Saturday; provided, however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience;
51 The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con-
tainers;
!61 The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
Code 1966, Of 14.20, 1421)
Cross reference-Animal noise, 4 6-26.
Sec, 20.2, Odors,
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the Immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable
enjoyment of private homes b t
y persona of ordinary sensibilities.
(c1 The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
121 Offensive odors from privies and other similar places;
I
1) Offensive odors from the use or possession of chemicals or from industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
41 Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(5) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting garbage, refuse, oral or dead animals on any premises.
(Code 1966, If 14.22, 1423) Sec. 20.3. Garbage, trash and rubbish nuisances-Generally. ,
(a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
Suyp.No 1 1390
HANDOUT TO COUNCIL 6-1-93
~V -F If
Texas Department of Health
David R. Smith, M.D. 1100 West 49th Street Robert A. MacLean, M.D.
Commissioner Austin, Texas 78756-3199 Deputy Commissioner
(512)458.7111
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Honorable Bob Castleberry May 25, 1993
Mayor, City of Denton
215 East McKinney Street
Denton, TX 76201
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RE: Hartfelt Humane Society, Animal Shelter Act, Chapter 823,
Health and Safety Code
Dear Mayor Castleberry:
I am pleased to respond to your letter of April 15 to Dr. Thomas G.
Murnane regarding the Hartfelt Humane Society's animal shelter. I
apologize for the lateness of this letter. The following is a
review of our actions and position on this matter.
On April 2, 1993, the Texas Department of Health (TDH), Office of
General Counsel, sent a letter to officials of the Hartfelt Humane
Society. A copy was provided to your City Attorney. The officials
were advised of public allegations that the Society was continuing
to shelter animals in their facility. The facility had been found
to be unsatisfactory in the TDH inspection of February 18, 1993.
The officials were advised of the consequences of violations of the
Animal Shelter Act (Chapter 823, Texas Health and Safety Code).
Current information regarding the shelter indicates that, while
several animals are kept at the location, they are all personally
owned by officials of the Society, and no animals are being
accepted in or adopted out at this time. As long as the animals
are the personal property of the officials and are not strays,
homeless, abandoned or unwanted, the facility is not in violation
of Chapter 823 or the rules promulgated thereunder. Any
information to the contrary should prompt our joint investigation
t (TDH and the City of Denton) and enforcement of the law.
Chapter 823, Texas Health and Safety Code, does not define a
specific number of animals which may be kept before a person must
comply with the standards for housing and sanitation adopted by the
Board of Health under the Rabies Control Act (Chapter 826, Texas '
Health and Safety Code). TDH does not have the authority to adopt
regulations as stringent as the City may have in its ability to
adopt ordinances, The City of Denton may find that its animal
control ordinances allow greater enforcement capabilities than
Chapter 823.
f
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Mayor Bob Castleberry
City of Denton
Page Two
! Our department personnel are not maintaining, nor do we expect to
maintain, a surveillance of activities at the Hartfelt Humane
Society. We ask that one of your agencies maintain surveillance,
as is necessary, to detect any sheltering activities which may
violate the Animal Shelter Act.
Criminal penalties (Class C misdemeanor) are provided for in
Chapter 823 (Section 823.003(f), as is injunctive reli. I (Section
823.007). To attempt enforcement via criminal penalties requires
TDH to seek cooperation from local law enforcement or from the
Attorney General. To seek injunctive relief also requires
assistance from the Attorney General. Section 823.007 allows "on
the petition of any person" a court of competent jurisdiction to
grant injunctive relief. Such a request for relief is not limited
to TDH and may be initiated by a .itizen or official of the City of
Denton.
We are in touch with your Assistant City Attorney, Mr. Jerry Drake,
and we accept information he may have, and share with him any
information we may have. Please do not hesitate to contact my
office at any time regarding this matter.
I
Sincerely,
QA1 (r. -,L4(ecll
Susan E. Tennyson
Office of General Counsel
cc: Dr. William W. Rosser
Dr. Thomas G. Murnane
Ms. Jan Buck
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7CC'11S'
BOB CASTLEBERRY CITY OF DENTON
I MAYOR us EAST MKNWY STREET
DEMON. TEXAS 76201
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Dr. Thomas G. Murnane, D.V.M.
Texas Department of Health
Public Health Region S
1 2561 Matlock Drive
Arlington, TX 76015
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Dr. Murnane, on behalf of the Denton City Council,
It is our strong desire for the Texas Department of
Health (TDH) to rigorously pursue enforcement of
the State's Animal Shelter Act as It relates to
Hartfelt Human Society.
The City Council is extremely concerned about the
abhorrent condition of this shelter and its
detrimental effect on the animals housed at
Hartfelt as described by many citizens in Denton.
This information was confirmed by the long list of
violations reported in your inspection letter dated
April 2.
Our City staff Is pursuing full enforcement of our
4 municipal codes. The City Council is confident
that your agency will fully enforce the State's
Animal Shelter Act, which falls under TDH's
responsibility. City Council members have been
receiving numerous complaints from their
constituents. Denton citizens continue to inform
the City Council that operations have not ceased at
Hartfelt. It Is our strong desire for you and your
staff to fully investigate this matter and
immediately resume ongoing inspections of this
facility.
'G As the City receives further information, we will
forward this to your office. Likewise, we
appreciate your cooperation in apprising City staff
your ongoing efforts to ameliorate this
situation.
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Dr. Thomas G. Murnane, D.V.M.
Re: Hartfelt Humane Society
Page Two
Thank you for responding to our citizens' ,
complaints regarding the enforcement of this
statute. Full enforcement of the Animal Shelter
Act will make Denton a better place for everyone,
Including our animals.
We would appreciate your reply by return mail. We
E look forward to reporting to our constituents that
your agency is taking all legal measures necessary
I to remedy this tragic situation.
Sincerely,
Bob Castleberry
Mayor
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15 April 1993
PCs State Senator Steven Carriker
State Senator Jane Nelson
State Representative Mary Denny James
State Representative Jim Horn
i State Representative Hen Campbell
Nonce Kull, Environmental Health Services
Manager
Jerry Drake, Assistant City Manager
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HANDOUT TO COUNCII- 6-1-93
A Presentation to Collect
7
Delinquent Ad Valorem Taxes {
1
for the
CITY OF DENTON 1
i I
UGIBI&W MONNOMEnn
Submitted by
Heard, Goggan, Blair & Williams
Attorneys at Law
326-6 East McKinney
Denton, Texas 76201 2323 Bryan Street, Suite 1720
(817) 383.4460 Dallas, Texas 75201
(214) 890-0089
and (800) 441.0960
Curtis M, Loveless
Attorney at Law Mike Gregory
218 Nonh Elm Attorney at Law
Denton, Texas 76201 303 N. Carroll Blvd, Ste, 200
(817) 383-1618 Denton, Texas 76201
(817) 387.1600
June, 1993
CITY OF DENTON
CURRENT YEAR TAX COLLECTION PERCENTAGES
LEVI' PERCENT
1985 levy as of 9/86 96,62%
1986 levy as of 9187 96.97%
1987 levy as of 9/88 96.30%
1988 levy as of 9/89 97.11%
1989 levy as of 9/90 96.60%
1990 levy as of 9/91 97.07%
1991 levy as of 9/92 97.78%
DELINQUENT TURNOVER TO HGB&W
TURNOVER TAX TURNOVER CHANGE IN
DATE YEAR AMOUNT TURNOVER
July, 1986 1985 $533,428
July, 1987 1986 649,054 21.86%
July, 1988 1987 755,923 16.47%
July, 1989 1988 747,340 < L 14% >
July, 1990 1989 597,310 <20.08%>
July, 1991 1990 552,676 <7.47%> <43%>
July, 1992 1991 433,010 <21.65%>
E
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CITY OF DENTON
Turnover/Collections Comparison
Thousands
1000
800
600
I
400
i
200
7/86 7/87 7/88 7/89 7/90 7/91 7/92 J
Turnover Collectlons
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CITY OF DEN TON
Delinquent Tax Roll 1
By Property Type
Total Due
As of :April, 1993
$1,789,171
Real Property
33`~ $587,142
WAN OW)
Personal Mobile
Property 15% Homes
$937,123 52% 1 $264,906
WV7
CITY OF DENTON
Delinquent Tax Roll
Base Tax + Penalty & Interest
Total Due
As Of April, 1993
~ X1,789,171
$233,325
13% Pending Lawsuits
. „ 22% Bankruptcy
U n c o l l e c t i b l e
$395,163
8299 680 17,
Exempt
Property 5 ~
$86,786 14`X, Other
$247,126
Jud ments 9% (includes BPP and Mobile Home
iti use otllfmitaiVonslbaltire
$165,167 no loaeer on the current tax roll)
Peterbilt
$361,924
1
Delinquent tax roll Inaladn 1701,711 palt lho etatol• of
1111il0liaA1. This amount to included In the 10915d,n0
lawsuits, lantrapleT, Uaeollaettble, Iumpi and
Judgment accounts.
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DENTON ISD
Delinquent Tax Collection Results
Twelve Month Comparison
Thousands
1600 -7
$1,466,290
1400
$1,246,131
(100%)
1200
1000 -
800
600-
400-
200 1/91-12/91 1/92-12.'92
McCreary HGB&W i
Increase recognized by Denton ISD • $222,159
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DENTON OFFICE AND COMMUNITY INVOLVEMENT
IIGBW DENTON OFFICE SINCF. 1986
EMPLOY DENTON RESIDENTS
UTILIZATION OF DENTON VENDORS AND SUPPLIERS
OVER $400,000 SINCE 1986
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DENTON OFFICE COMMUNITY INVOLVEMENT:
• DENI'ON CHAMBER OF COMMERCE
• SPECIAL OLYMPICS
• TIVU COOPERATIVE EDUCATION PROGRAM
• DENTON ISD CERTIFICATE OF APPRECIATION AND
PARTICIPANT IN THE DENTON ADOPT-A-SCHOOL
PROGRAM
• DARE PROGRAM
• UNTIED WAY OF DENTON
• DENTON JAYCEES - ANNUAL CHILDREN'S CIIRISTNIAS
FESTIVAL
• DENTON HOLIDAY FESTIVAL ASSOCIATION
• DENTON FIRE DEPARTMENT - FIRE SAFETY AND
PREVENTION PROGRAM
ASSOCIATION WITH TWO DENTON LAWYERS -
MIKE GREGORY AND CURTIS LOVELESS
REASONS 10 STAY W1771 HEARD, GOGGAN, BLAIR & WILLIAMS
CURTIS LOVELESS AND NUKE GREGORY
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LOCAL INVOLVEMENT
• COMBINES IIGBW STATEWIDE COLLECTIONS
' EXPERTISE WITH LOCAL ATTORNEY
V4VOLVEMENT
• IIGBW DENTON OFFICE SINCE 1986
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• $400,000 SPENT ILA DENTON
PERFORMANCE
• $4,665,709 COLLECTED SINCE; 1966
• 1027 LAWSUITS FILED / 75% RESOLVED
• AGGRESSIVE BANKRUPTCY AND
FEDERAL AGENCY COLLECTIONS
CONTINUFTY
• NO RISK IN REVENUE LOSS
• NO DISRUPTION IN PROGRAM
0 EFFECTIVE RELATIONSIM MAINTAINED
Heard, `oggan, Blair, & Williams
Delinquent Tax Collection Process
No Response Problems Retum Mail
Research
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No Response Problems Retum Mail
No Response
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Next Cycle
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PROPOSAL
for the
City of Denton, Texas
Presented By:
PERDUE, BRANDON, FIELDER,
COLLINS & MOTT L.L.P.
Attorneys at Law
May 1993
Contort Person; C. David Fielder, Partner
kD':ARDPERDI:E PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P.
ATTORNEYS AT LAW
I.ARnV BRANDON 4025 WOODLAND PARK BLVD., SUITE 300
C DA'.10F'ELDER KEY' DOVLE',
JADES 0 COLLINS P.O. BOX 13430 GEORGE D01" LE'.
RoyERTMOn ARt INOTON. TEXAS 76094 0430 TDAM ANN. S,-N
GPEGGM MoUUGNLN IVETR0817.461.3344 E N
FIN H LAURAURA) MONROE
OE
JOHN J HONK III NAROID B E
R HNJCE -AX 817.8606509 JEANIVAR E P
B ON ISTAV'NOH4 CARL SOVYEFs
SAE BE'NA EDM+STC% May, 11, 1993 MiOSCHAEIL,! nARLO I
NGO
:OSE PIiP IONGOCS A
UANAK NG S4+~M
Mr. Harlan Jefferson
Director of Treasury Operations
City of Denton
215 K McKinney Street
Denton, Texas 756201
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RF: Proposal for the Collection of Delinquent Taxes
Dear Mr, Jefferson;
Thank you for this opportunity to submit a proposal your City. Following this letter is our proposal for your consideration.
nqurnt tux collections services to the
First, I would like to state that our Firm is capable of meeting all of the requirements of the City of
Denton's Request For Proposal.
We offer a complete, ccmputer assisted delinquent lax collection service. This service includes the
notification of taxpayers through mass mailings generated by our computer, individual correspondence with
taxpayers and lienhcJders, active litigation of property tux collections, and seizures. We perform all
`J necessary ownership and address research on behalf of each client. We are also recognized
leader in delinquent mineral interest lax collections. Our attorneys are available to personally assistbyou in
all legal matters pet taining to the administration of property tax.
In addition to delinquent tax collections, our proposal to you includes representation in any and all
other ad valorem tax matters. Our firm treats delinquent tax representation as a service, not just a product.
We work to represent you, the client. We will have attorneys available to answer all your tax questions at
virtually all times. Please feel free to ask our clients about our availability.
Our firm's computer capabilities are second to none in the tax collection field. A number of exhibits
to this proposal are products of that. computer system. This system, however, merely helps us, because it is
out personnel who actively pursue the taxes due our client. One of the advantages of a computerized luw
firm is that the tax office is relieved of the burden of generating slWemenis and other documents for the law
firm's mailings. We will assume any expenses of providing comp 1t!rized information to our firm by the
City,
AMARILLO 'ARLIfCGTOt4' HOUSTON - LUBBOCK. TYLEF!.WiCH?TAFALLS
y
We offer to perform these services at a fee of 15% of the taxes, penalties and interest collected, A ~
you are aware, this fee is to be entirely recove,ed from the delinquent taxpayer.
Persons Authorized to make Representaions on behalf of the offerer:
C, David Fielder, Partner
John J. Horn 111, Partner
Brian Corcoran
4025 Woodland Park Blvd„ Ste 300
Arlington, Texas 76094-0430
1.800.772.5490
Thank you for considering this proposal to collect your delinquent taxes. Please feel free to call for
any further clarification of our proposal.
Sincerely,
C. David Fielder
Partner
y
,
a
Tile of ont~'1~S
Proposers Experience
Scope of Services
Taxpayer Notification 3
Address Research 3
Mineral Interests 4
Legal Assistance S
Litigation 6
Title Research 6
Seizures 6
bankruptcies 8
Eminent ]Domain 9
Interventions 10
Response to Taxpayers 10
OpinionYMemoranda 14
Litigation Support System 10
Responsibilities of the City I1
Fiscal Year Collecdons and Schedule of Work I1
12
Computer Capability
Hardwa: a 14
Software 14
14
Compensation
17
Reports
18
Resumes
19
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Table of Contents Continued
Client List 27
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Exhibits and Collection Figures 35
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DELINQUENT TAX PROPOSAL
for the
E
City of Denton
Presented By;
PERDUE, BRANDON, FIELDER,
COLLINS & MOTT L.L.P.
Attomeys at Law
PROPOSERS EXPERIENCE
PERDUE, BRANDON, FIELDER, COLLINS & MOTT is one of the eldest and largest
law firms in Texas which limits its practice to ad valorem taxation law. The Firm was
founded in 1970 and specializes in tax litigation and tax collections, We represent over
five hundred (500) taxing entities, bringing Perdue, Brandon & Fielder into contact with
the full range of problems and legal Issues concerning delinquent tax collections.
Not only does our staff of twenty-three (23) attorneys have an excess of 200 years
combined experience in ad valorem taxation, but they are capable of dealing with a full
range of of legal Issues and problems concerning dalinquent tax collections and will
assist you in any and all tax matters. We also have a well trained staff of tax support
personnel and a computer department which stays on the leading edge of technology.
' E
The Arlington office of the firm, established in 1973, has the largest legal staff of ail
of the firm's six offices. The seven (7) attorneys comprising the legal talent of this
office Is the largest ad valorem legal staff in the North Central Texas Council of
Government's region. When you hire our firm, though, not only will these eight
attorneys represent you, but our staff of twenty-two attorneys state-wide can be called
upon to answer any un que problems which the City of Denton may encounter,
Perdue, Brandon & Fielder would like to offer to the City he same high quality of
service which we are providing our other Denton County clients. We are very familiar
with the courts !n Denton County and the professionals working there. Our firm is an
aggressive law firm, particularly on the collection of delinquent personal propery taxes,
While we are aggressive we are also responsive to the special conditions that exist in
Denton County,
Denton County, like the rest of the state has experienced a decline in its tax base
as a result of the nation-wide recession. We believe in obtaining voluntary payment
from the taxpayer through the use of direct mall-outs and persuasive communication.
However, because of the status of the economy of Denton County, we believe that in
order to effectively collect the outstanding delinquent taxes, that we must be responsive
to
those individuals suffering economic hardship. For those people of Denton who :an
show a
wh ch will condition, we
to payment
ouriilfirm, shouldh he to establish
stablish payment
agreements as a collection policy.
This is not to say, however, that we will be slow or hesitant about filing suit and
foreclosing the outstanding tax lien. We are successful at getting payment of the taxes
prior to the Initiation of lawsuit. Once an account is placed Into suit, we will continue to
try to obtain payment from the taxpayer. Should the taxpayer still refuse to pay, we will
then set the suit for judgment as soon as possible and proceed to sell the property on
the courthouse steps,
As you read through our proposal, you will note that we capable of collecting your
outstanding delinquent taxes better than any other firm. We can collect more taxes for
you because we are thorough in our work, aggressive when required, attentive to your
community, and professional in our manner. We are your representatives.
Proposal to the City of Denton, Texas
Pape i
{
We believe that our goal is io maximize the City's deiinquent tax collections
through the use of all of our resources in the easlest and most expedient way possible.
Our team of experienced, committed professionals is ready to go to work for you and
be a good reflection of your declsion to hire us. We are offering you our professional
services to maximize your Collections of all of the delinquent taxes outstanding„
To summarize, Perdue, Brandon S Fielder is one of the oldest law firms in Texas
' which specializes in ad valorem tax collection. Not only are we experienced in
delinquent tax collections, but we also offer our clients our current tax collection
software which has been recognized by tax professionals state-wide as one of the best
software packages for tax collection. We have a staff of trained professionals which
are here to serve you and maximize your tax collections, We offer a variety of tax
services to the City of Denton, at no cost to the City, Including represention ins
Delinquent Tax Collection Lawsuits
Bankruptcies
Condemnations
Tax Warrants • Seizures
State Aid Value Studies
Opinions and Memorandums
Mineral Interest Collections
Appellate Representation
Interventions on Denton County and Denton ISD Delinquent Tax Suits
Title Research Information
The services offered above would be at no cost to the City and the Firm would be
compensated entirely by the fifteen (15%) collection penaity allowed by law and paid by
the delinquent taxpayer,
It there are other services which we can provide that your City would be
Interested in, we would be happy to discuss them with you.
j
Proposal to the C4 of Denton, Texas
Pero 2
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SCOPE: 01' SERVICES
1
A. Taxpaser,\'otifwation
The Firm's ability to produce both large and specialized mailings as well as
manage the attendant data is unequaled. Mail-outs will be made pursuant to our
proposed timetable, but the Firm is flexible so that it is ablo to adjust to the sohedule of
the City and your tax office. We will mail out a minimum of three (3) mailing per year
regardless of the amo.mt due. Our mail-outs are not just summaries with a total due,
but are complete tax statements accompanlod by a letter from an attorney. We do have
the flexibility to Include other forms in our mailing, if that is desired, or to mail within
certain parameters, such as all accounts within a certain delinquency amount or a
specific year.
j The Firm's first letter Is a general taxpayer notification letter which is
non-threatening but merely informative in nature. It will generally be sent out within one
week of the date we receive our information from the Tax Office.
Prior to mailing our second letter, the Firm will obtain paids from the City's tax
office via magnetic tape or hard copy report so that we minimize sending letters to
those taxpayers who paid as a result of the first lettor. We all understand the fury of a
delinquent taxpayer who gets a second notice the day after he has brought his taxes
current.
The substance of our second letter is to inform the taxpayer that he has ignored
our first letter and that the Firm now feels free to proceed to suit against him. Our
second letter goes out 30 days efter the firEt letter.
We also have available additional letters which ar^ used when the client desires
follow-up mailings such as one each quarter. Many clier,; : wish to have this type of
letter mailed • many do not. We also have a pre-suit letter whicin would be mailed 30.45
days prior to a suit being fled on a specific raccount, such a letter would be mailed at
the discretion the Client.
The Firm is firmly committed to making our system work for you and not force
feeding you Into our system. We will modify to suit your particular circumstances and
are willing to work with you when that need arises.
In addition to our standard collection letters, we also have a number of other form
letters to respond to specific circumstances which frequently occur. Chief among these
are our Iienholder notification letters. Title work generally discovers Ilenholders and we
have letters which we may send to them both before suit is filed or after suit Is filed.
Coltectlon letters necessarily result !n many phone calls from delinquent
taxpayers. Generally most questions will be answerable by our trained phone
answering personnel, but for those taxpayers with unique problems or who would like
to speak to an attorney, staff attorneys will be available for consultation. Should no
attorneys be available when a call comes In, a message will be taken and an attorney
will return the phone call as soon as possible,
Proposal to the City of Denton, Toxns
Page 3
11, AddressResearch
The Firm's commitment to accuracy in contacting taxpayers is evidenced by the
detailed attention
we give bad nan b end address accounts. receiving the City's
Upon
data, the known bad nan a and address accounts are diverted to our research staff to
begin name and address identification. The identification process continues with
discovery through returned mail and on those accounts we are unable to locate on
pending lawsuits.
At the time of discovery, the 1=1rm's research staff enters a status code on the
record which indicates a bad name/address on file. Accounts are prioritized for
research and up to fourteen different sources are utilized In the Identification of a
correct name and%or address (at no cost to the taxing district). As sources are
consulted, results of the consultations are noted on the record. At any given time, we can provide a list of bad name/address accounts and the status
of the research
procedures. Upon correction of the record in our system, the Firm will forward
corrections and source information to the City's tax office,
One particular feature of the Firm's Address Research System that makes it stand
out as exceptional is the fact the Firm is on-line with the National Credit Reporting
System and we can accese its data base to locate new addresses for delinquent
taxpayers. Details of the procedure are outlined on the following pages:
DETAIL--ADDRESS RESEARCH PROCEDURE
1. Identifl,Vation of Bad Name/Address Accounts
• Known from taxing district's data
• Discovered through return mail
• Discovered when unable to locate on pending lawsuit
II. Enter Status Code On Record
• "A" entered under status when discovery of bad name/address is from taxing districts d-ta or
from return mail
• "UTL" entered under "date of service" when defendant is unable to be located on a pending
lawsuit
IN. Priorities for Address Research
• Sort by large amounts to smaller amounts
Sort lawsuits from ran-lawsuits - 1, District suits, 2, County Court At Law, 3. J.P. suits
IV, Research Sources
• Return Mail
New address request
Proposal to the City of Denton, Texas
Page 4
• Cross-checking between tax rolls of other enlilies stalewide
0 Telephone Directory of : 1. City of taxpayer's last known address; 2. City to which taxpayer may
have moved (info received from taxing district or sheriff's office)
0 City Directory and/or Criss-Cross for: 1. City of taxpayers last known address , 2. City to which
taxpn~ier may have moved
• City Water Department - Contact Water Department in city of taxpayers residence for address
verification
• Credit Bureau Terminal (On-line with the National Credit Reporting Association)
• Directory Assistance/Information (AT&T or MCI)
• Miscellaneous Sources Depending on Type of Property - 1. Motor vehicle records; 2. Secretary
of State Registrations; 3. DIPS Driver's License Records; 4. Volers Registration; 5. Check
neighbors of last known address 6. Subcontracting with address locator firms; 7. Tax files of
other jurisdictions; 8. Assumed Name Records; 9. Deed Records
V. Correction of our Records
• Maintenance of name/address
• Indicate source of information
Vf. Corrected Information to Taxing Districts: Results vary on age and amount
of accounts, but we believe that approximately thirty percent (3000) of bad address
accounts should be cleared within a year. Our Firm and our clients have found this
process to be very successful. The Firm is continually upgrading it end adding new
features as other information, becomes available. Once a new address is obtained, this
Information can be communicated to the Tax Office by either magnetic tape or by
wrMen report.
R1inerat Interest
Perdue, Brandon, Fielder, Collins & Mott are experts in the field of delinquent mineral
interest tax collections. There Is no other firm which can match our thoroughness or
aggressive techniques for collecting these outstanding taxes, Quite often, a mineral
Interest is owned by a non-resident of the taxing entity which assesses and collects the
taxes. Because the owner is a non-resident, they often do not pay the taxes and do
not feel obligated to when notified that taxes aro due. As a resuh, the law firm which
the City selects must have the resources to make the mineral Interest owner feel
obligated to pay the delinquent taxes. Our firm Is capable of this and is very successful
in getting payment of delinquent mineral taxes, even when the owner Is listed by the
mineral valuation firm as "unknown."
We do more than just send a letter to the delinquent mineral Interest owner, We
have an in-house title research staff which goes to the County Clerk's office and
abstracts the mineral Interest, whether it Is a working Interest, a royalty Interest or an
override interest. We are also successful In finding good addresses for people and
companies which the mineral valuation firm may not have picked up. Wa verity that the
well from which the mineral interest was obtained is still in production and determine all
the parties who have an Interest In the well and if there are any Iienholders. Next, we
check to see who the operator of the well is and who Is responsible for gathering the oil
or gas. If the well is still in production, we usually file suit for collect' on of the taxes
once we have abstracted the lease. If a lienholder exists and the taxes remain unpaid
Proposal to the City of Denton, Texas Page 6
1
I
then the lienholder is amended into the suit as required by law, At this time we have
the option of filing a lis pendens against all parties to the suit and sending a copy to the
gatherer. This results in the gatherer stopping production payments to the defendents
of th suit. Usually the defendents will pay at this time. However, there are some who
still do not feel obligated to pay and we will obtain a judgment against these individuals
and sell their mineral interest on the courthouse steps, Our Firm has been very
successful in selling Royalty Interest on the Courthouse steps at Sheriff Sales, Should
the well no longer be in production, our firm will have the option to instigate seizure
proceedings, with the full cooperation of the taxing entity. against the owner if the
delinquent taxes are for working interest. In this case, we will seize whatever
equipment we can of the mineral interest owner and se'I it to satisfy the tax lien.
LI;GALASSISTANCE,
A. Litigation
1, Although every effort is made to collect the outstanding delinquent taxes
through the taxpayer notification letters, litigation remains the final effort of collection.
The County Courts At Law and the Justice of the Peace Courts are utilized for the
personal property suits not meeting the jurisdictional requirements of the District
Courts.
The Firm makes every effort to include all delinquent taxes owed by a taxpayer
into one lawsuit. This is accomplished through a computerized program to combine
multiple accounts as received from a tax roll and a manual check of the delinquent
accounts on the Firm's computer system for name variation. We believe this effort
reduces the "heartburn" taxpayers develop over multiple lawsuits and alds in the
reduction of the work load and time delays of the Court System.
The litigation effort is supplemented by Tax Warrants (Seizures) and Bankruptcy
Proceedings. If, during the course of litigation, seizure of the property becomes
advisable, such an election of remedies will be discussed with the School District prior
to a final decision on which course of action or remedy to pursue. The Firm will
automatically file a claim with the Bankruptcy Court upon notification that a taxpayer
has filed for bankruptcy whether the particular account(s) are in suit or not. If the
taxpayer is in suit, we will not dismiss the action pending, but Inform the Court involved
and abide by the automatic stay as directed by Federal Bankruptcy law. This policy
avoids the refiling of a lawsuit if the property Is abandoned In the bankruptcy
proceeding or the proceeding is dismissed and does not violate the automatic stay
order. Seizures and bankruptcies are more fully discussed in following sections.
Prior to the institution of a suit for collection, the real property Is abstracted, The
res,uits of such w)rk is reflected in the original petition which Is filed with the Court.
Listed are all of the necessary parties to such an action, to Include all fee holders,
fienholders, abstract of judgment holders, fede a; tax liens, etc. The title Information
wi l be forwarded to the City on the day it is requested bj the City.
f
Proposal to the City of Denton, Texas Page 6
i
The Firm believes the unique advantage of in-house abstracting gives this Firm
the ability to determine priorities among the requests for abstracting. In-House
abstracting is performed at no cost to the client, This system of abstracting allows for
updating abstract information when required during the pendency of a lawsuit, provides
means for quality assurance in the work performed and allows for the inclusion of a
complete legal description of the property in the petition at the original filing of the
lawsuit, The Firm will supply any and all title information to the Client on any
delinquent account if requested by the City. This information will reflect a full title
search on the subject property and therefore would be very beneficial to the Client.
In every instance, personal service of the taxpayer and other necessary parties is
the goal. Other means of service (Service by Registered Mail, Return Receipt
Requested, Restricted Delivery, Citation by Publication, and Citation by Posting) will be -
used only when all efforts at personal service have been exhausted.
The Firm strives for a sWft conclusion of lawsuits. As soon as it is permissible
following Judgment, request for the appropriate form of execution is requested of the
I Clerk's office for real property and/or personal property, including the abstracting of
I judgments for all personal property. Our computer has the ability to prepare all
necessary forms for the District Clerk and Sheriff's Department, including the Citation,
Order of Sale, Sheriff's Return, and Sheriffs Deed. The District Clerk's Office
appreciates our forms because it reduces the court's workload and increases the
turn-around time between filing the suit and dismissing the suit as a result of taxes
being paid.
2. We have been highly successful in suits at the trial level and appellate court
level, not only against individual taxpayers but also against governmental bodies and
regional organizatio is as well. A limited listing of our most recent appellate cases
would include:
1. Grand Prairie Hospltal Authority vs. Tarrant Appraisal District, 707 SW2d
281 (Tex. App. - Fort Worth, 1986), cent denied.
2. Rothacker vs. Rockwall County Central Appraisal District, 703 SW2d 235
(Tex. App. - Dallas, 1985), cart denied.
3. Jimmy Swaggart Ministries vs. City of Arlington, 718 SW2d 83 (Tex App. -
Fort Worth, 1986), no writ.
4. C. De Witte Loo, Indiv, & dlbla Loe's Hlghpolnt Resort vs. Pottsboro
Independent School District, No. 05.84.011 04-CV, (Tex. App, - Dallas), unreported.
5. In the matter of Stanford, debtors, 826 F,2d 353 (5th Cir,, 1987),
6. Barclay vs. Ochiltree Appraisal District Board, 730 S2d 878 (Tex. App. -
Amarillo, 1987), no writ,
7, Graham vs, Hutchinson County Appraisal Review Board, 776 SW2d 592
(Tex, App. • Amarillo. 1988), writ denied.
8. Dement vs. Hansford Central Appraisal District, 742 SW2d 620 (Tex. App. -
Amarillo, 1987), no writ,
I
1 Proposal to the City of Denton, Texas
pegs 7
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13. Seizures
The Texas Property Tax Code provides for a method of seizure of personal y
property. Our Firm has been very active in the seizure of delinquent individual and
business personal property. The Code additionally provides for seizure to collect
current ad valorem taxes under specific conditions. An example of %vhen seizing
property for current taxes is allowed is when a business is closing and the taxpayer has
no other property in the taxing jurisdiction. Under those circumstances, you may seize
the property for payment of the current taxes. Since our Firm has been actively
involved in seizures, we have developed the necessary forms and are familiar with the
procedures employed to successfully seize property,
Although the publicity that is normally received as a result of a seizure of property
for taxes Is of significant benefit in improving collection, the primary purpose of a tax
seizure is to collect taxes that, quite likely, would otherwise be lost. Therefore, this
procedure has been well received and utilized by many taxing authorities represented
by the Firm.
! The Firm has established a step-by-step procedure for seizures over the years
and this procedure is as follows:
1) Identify the account to be processed: This is accomplished in close
conjunction with the tax office and is usually based on two criteria. First, larger
accounts and/or accounts with several years worth of delinquency are chosen,
especially those business accounts more likely to have Inventory which is readily
subject to seizure. Second, based upon Information received by the Firm or the Tax
office, the Firm is prepared to act as coon as the paperwork is prepared - usually within
two hours or less - to seize those accounts in danger of being lost in the near future,
due to either a move out of county, impending bankruptcy, or threatened foreclosure. It
Is Important to note that, as stated above In the section on litigation, a pending tax suit
is not an obstacle to summary seizure and sale of the property which is the subject of
that suit.
2) Send notice to the property owners: In those cases where speed is not
essential, the Firm will notify the property owners that without additional notice, their
property is subject to seizure and :.ale for non-payment of taxes.
3) Determine the feasibility of seizure: The Firm will inspect the property to
verify the existence of property which can be seized and will, if there is a possibility of a
pending bankruptcy, check with the Bankruptcy Clerk to ensure that no automatic stay
Is violated.
4) Preparation of the application and warrant: We currently have within our
computer software the ability to quickly print the necessary forms for seizure. These
forms, which have been designed by the Firm, include the application (with the
necessary affidavit from the Tax Collector), the order issued by the Judge for the
issuance of the Tax Warrant, and the Warrant itself,
Proposal to the City of Donlon, Texas Page a
r
5) issuance of the Warrant: Once the --squired affidavits have been sworn to by
the Tax Collector, the Firm will take the papery, fc to a Judge for review and issuance
of the Warrant. Under the Tax Code, any Judge in the county where the seizure is to
take place may be used.
6) Execution of the warrant: An attorney from the Firm will accompany the Tax J
Collector and Peace Officer in the actual seizure of the property. this is done to protect l
the Tax Office from any liability which could result from wrongful seizure (i.e. violation
of an automatic stay, seizure of the wrong person's property, etc...).
Jam, after seizure, e he t Firm wilpp epare thet necessary property of owner saslill le which emto pay the tax
ust be sent to
all persons with an interest in or lien on the property seized. This notice sets forth the
time and place of sale. The Firm will, if requested, have an attorney present at the safe
r of the property. Finally, the Firm will prepare the Bill of Sala conveying to the purchaser
title to the property sold.
I
C. Bank,vptcics
The Firm will handle all bankruptcy litigation concerning taxes owed to the City of
Denton. The Firm will file all of the bankruptcy claims and review each bankruptcy's
proceedings to protect the City's interest.
At the Firm, we assign one clerk to handle and process all bankruptcy pleadings
which are received. When a pleading comes Into our office, if a bankruptcy file has
already been established, the file is pulled and forwarded for review to the attorney
handling that file. If no file has been established, the records are searched for
outstanding taxes and a claim Is filed should a tax obligation be found.
The Firm has found that while most Bankruptcy Hearings do not involve tax
claims, the Hearings that do demand Immediate attention are generally scheduled with
little notice given. Notification Is generally less that twenty (20) days, and the quicker
we receive the notification, the quicker we can respond. It is very frustrating to receive
the notification the day after the Hearing has been held, but Bankruptcy Court is not
designed for creditors, it is designed for debtors. Efficiently processing bankruptcy
claims and pleadings Is an important priority to the Firm.
Tax claims are generally filed and handled as priority claims under the Bankruptcy
Code.
While tax claims are generally treated as priority claims, the Firm files claims
depending on the particular circumstances of the claim. If the tax becomes due after
the taxpayer filed his bankruptcy action, we file the taxes as an ad,ninlstrative claim. If
the taxes are on real property, the Firm takes the position that the claims should be
filed as secured. When the taxes are on personal property, we file the taxes as a
priority claim.
proposal to the City of Denton, Texas Pago 9
D. Eminent Dumain (Condemnation)
Upon receiving notice, the Firm will file the a
affidavits in the Eminent Domain proceeding to establish ppropri pleading with supportive
g your r District's tax lien. ,
An attorney of the Firm will be present at the Commissioner's Hearing, or any
subsequent t Hearings, if the proceeding is appealed to protect the interest of the City of
Denton.
E. Interventions
' The Firm will intervene on behalf of the City of Denton on aN tax suits filed by any
other taxing authorities on property located within the boundary limits Of the District.
F. Response to Taxpayers
The Firm makes every taxpayers, whether they are in he
t form of erittenaletters oruestions
telephones con bersations.
Many past inquiries have been made regarding the appropriate person or office to
contact to correct inaccuracies as to their address, property description, or valuations.
The Firm not only notes this information In its computer system, but will inform the
City's Tax Office of such information, as well as directing the taxpayer to the
appropriate individual or office.
It a taxpayer communicates that he or she no longer owns a
piece property, we abstract the property to confirm or deny a change in owne ship.if the
Inquiring taxpayer does In fact not own the real property, we change the information In
the Firm's computer and send a new owner letter to the correct owner as well as
provide such information to our client. However, if the deed records indicate the
inquiring taxpayer still owns the property, the Firm reestablishes contact to determine
the possible problem.
A large amount of Inquiries come from delinquent taxpayers who have probiems
concerning payment of taxes by their mortgage company and/or title companies at a
closing, The Firm attempts to Isolate the particular problem present with the taxpayer. If
all efforts by the taxpayer to resolve the problem fail, the Firm will communicate with
the mortgage company and/or title company in an attempt to resolve the Issue of
payment of the taxes without the necessity of a lawsuit,
G. Opinions/htemoranduIns
As part of the Firm's service to your District we will provide opinions regarding any
ad valorem tax problem you are facing. Responses to such requests may be oral or by
written opinion.
In addition to requested opinions, the Firm has found it beneficial to advise its
clients of key judicial decisions or a topic of common concern. In such instances, we
will prepare Informational letters or memorandums.
Proposal to the City of Denton, Texas
Pape 10
H. Litigation Support System
At the heart of the Firm's effort is its unique computerized litigation system.
Although a litigation support system is normally not discussed or considered a
part of legal assistance, the Firm believes it has developed such a system of litigation
support that it must mention it within the context of legal assistance. The litigation
support Is comprised of two (2) elements: (A) Personnel and (8) A computerized
litigation support system,
Through the years the Firm has assembled a staff of highly qualified and
experienced attorneys in the area of delinquent tax and litigation, paralegls, and administrative staff, The majority of the Firm's attorneys gainedland
possessed their expertise in delinquent taxes prior to joining the Firm. These attorneys
previously served as City, County, and District Attorneys,
This staff, in combination with the computerized litigation support system, creates
the heart of the Firm's legal assistance in the area of litigation.
The computerized litigation support system is the nucleus of activity in litigation.
Petitions, judgments and related documents, releases, citation, orders of sale, abstract
files, requests for admissions, interrogatories in aid of judgment and bankruptcy forms
are only a few of the products generated by this system.
The litigation tracking feature which this system provides not only enables the
attorney and administrative staff to monitor litigation effectively and timely by means of
displaying the summary of the status of a Individual lawsuit at the touch of computer
terminal, but also is capable of producing written summary status reports for an
Individual lawsuit or all current litigation for a particular client. This litigation tracking
feature allows both the Firm as well as the Client to monitor the status of active
litigation.
This litigation support system of timely monitoring litigation by flagging key points
in litigation and reporting the status, allows key personnel of the Firm the advantage of
devoting more time to the purpose of which a law firm would be hired • representing the
client. The monitoring of a client's account begins prior to the filing of a lawsuit, from
the sending of notification letters to taxpayers, through the maintenance of the status
codes (bad addresses, bankruptcy etc.), to the conclusion of litigation, the payment of
delinquent taxes.
f, Responslblitles of the City of Denton and/or its Tax Collector
The Firm requests that the only responsibilites required of the City of Denton
k and/or its Tax Collector would be to provide a witness for Court on all suits taken to
judgment and to provide copies of lax records via magnetic tape.
Proposal to the City of Denton, Texas
Page 111
J. Fiscal Year Collections K Schedule of Work
Perdue, Brandon, Fielder, Collins & Mott proposes to maximize your City's fiscal
year collections by conducting at least three mailings annually,
on all accounts and commencing to file suits within the first 90 days from the time the
p
accounts are turned over to the Firm for collection - on or about July 1 during a normal
collection year. Howrver, with this proposal, should the City decide to hire us as their
collection law firm, then the activity would start as soon as the delinquent taxes are
turned over to us for collection.
Should the City's tax office turn its accounts over to us by June 1, we will
immediately start making collection letters on all delinquent years up to and including
1991. The City should start seeing an increase In revenues within thirty days titer the
first mailing, Additionally, we will start abstracting property, particularly mineral interest
accounts, and filing lawsuits on those accounts which the City would like to pursue,
We will start reviewing all existing suits to determine which are ready to be set for
judgment and sale. By reviewing these suits early, we can get then ready for
judgment after the six (6) month clause of your existing contract is up. The condition of
your delinquent tax roil will be analyzed and areas which are seen as having been
ignored will get immediate attention. We will also outline a customized plan for
diligently collecting all parts of your delinquencies, whether they are on real property or
personal propery, old accounts or new, and large amounts or small.
Schedule of Work }or Nor r;
July I - July 8
Taxes received from the City of Denton's tax office and First Letters mailed to all
delinquent propery accounts. Samples of all letters mentioned in this Section are
attached as exhibits.
July 1 - August 1
Attorneys will receive calls and respond to inquiries received as a result of First
Letters. Bad address, hardship cases, etc„ will be coded into the computer and
reported to the tax office.
August 1 - September 1
Listing of paid accounts received from the tax office and Second Letters mailed to
all accounts without a status code. We will update our records on a weekly basis if the
City would like us to or we can do it monthly. Accounts will be selected for suit filing
and abstracted. Particular attention will be given to those accounts consisting of
delinquent mineral Interest. The City will be consulted as to which accounts it would
like to have suit filed on. W3 will prepare a list of possible candidates and let the the
City of Denton approve all or part of them, should the City wish to do so,
Proposal to the City of Denton, Taxes
Page 12
September 1 -October 1
Attorneys continue responding to inquiries and reporting to the District as
necessary. We are now abstracting property on a confinuou3 basis in order to prepare
accounts for suit and to clear up bad addresses. We are also now filing suits on a
regular basis in order to enhance the City's collections.
October 1 -
Begin systematic filing of suits and seizure of personal property. Proposed
seizures will be approved In the same way as proposed litigation. We will submit a list
" of possible seizures and have your approval before the seizure. We are also notifying
lienholders in those cases where titlework Indicates it would be advantageous. We will
send out a Third Letter to those accounts which are not coded with a status nor have
suit filed against them yet. On those accounts which titlework indicates a change of
ownership, we will send new ownership letters.
{
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Proposal to the CH) of Denton, Texas
Pape 13
ti
COMPUTER CAPABILITY
Perdue, Brandon, Fielder, Collins & Mott maintains a staff of computer programmers
and specialists so that the Firm and thus vour City's lax office can have the benefit of a
technologically superior collection system,
Our Firm has been pioneers in the field of computerizing delinquent tax collections.
There are two key individuals in our compul department who can answer any
questions and give a very thorol+gh treatise of the Firm's technological innovations.
Steve Johnson is the Firm's computer manager and is located at our Arlington office.
Tony Clayton, from our Amarillo office, is the Firm's senior systems analyst. These two
individuals are also responsible for developing cur current tax collection system which
is the only current tax software program to meet all of the requirements of state law,
HARDWARE
Perdue, Brandon, Fielder, Collins & Mott completely owns all of the computers at
each of our six offices. Additionally, we have a staff of programmers which are
constantly working to provide the best possible service to our clients. Because the
Firm enjoys these two distinct advantages over other delinquent tax law firms, we are
able to devote more resources than any other firm to the pursuit of collecting your
delinquent taxes.
In terms of abso ule numbers, our computer hardware is superior to any in the
business. The computer system is a Digital Local Area Vex Cluster consisting of five
very powerful computers tied in together: a Vax 3900, a Vax 3600, a Vax 3100, and
two (2) Vax 2000's. To put this into lay language, ^1or computer system is more
powerful than one hundred and fifty (150) IBM At compatible personal computers. Our
computers are supplemented by 152 terminals, 34 printers, 6 laser p;inlers, 5 high
speed printers, and 7 IBM personal computers, By using the °Vaxciusler" technology,
our computer system Is not limited in growth. Not only can more terminals, disk drives,
and printers be added, but more mainframe computers can be added as well.
SOFTWAREPRnGRAMS
The computer software which our Firm uses has been completely custom written
and is continually updated to reflect new developments In the field of software
programming In order to facilitate the collection of delinquent taxes, Our staff of
programmers remain on the leading edge of software development so the Firm can
provide the best possible service to the Client. Our computer system utilizes the
VAXNMS operating system and the Dibol computer language. Both the operating
system and the computer languauge give the Firm the capability to accept data from
virtually any other make of computer system.
The Firm's computers are able to read tapes from the IBM systems, the UNIX
systems and personal computer (PC) based systems. This ability gives the Firm the
advantage of having greater reliability In the data transfer between thel District and the
Firm. This ability also gives us an advantage over other delinquent tax law firms in that
Proposal to the Chy of Denton, Texas Pago 14
Ilk
we have reduced the turn-around time from receiving the tax Information to sending out
the first delinquent taxpayer notification letters.
The law firm maintains a copy of the delinquent tax roll on the computer system;
the copy of the tax roll includes all the pertinent Information, such as name and address
information, legal description, and individual taxes for each property, for each year
delinquent. The file is updated with payment information, as we receive notification
from the tax office, either manually or by computer tape. We receive computer tapes,
with payment information from the tax office, either on a daily basis, weekly or monthly,
whichever is practical and convenient to the tax office. Thus at any time we have an
up-to-date copy of the delinquent tax roll. Maintaining a copy of the tax roll enables us
to send statements to delinquent taxpayers at any time, The system will automatically
calculate the penalty and interest based on the month and year the statement is -
printed.
Normally we send first letters immediately after copying the delinquent tax roll
onto the system. Then a month later we send second letters, having updated the
system with payments generated by the mailing, Subsequently we send third letters as
we file our first law suits, although sending third letters is optional, at the tax office's
discretion. We note bad addresses and begin address research, Also maintaining a
copy of the delinquent tax roll enables the legal staff to select accounts for filing,
knowing that they are working with an up to date record of the delinquent taxes.
The Firm's taxpayer master record also contains other Information, a field for
address research, a code which describes at what stage a particular account has been
researched. Other information stored In the records include:
(1) Partial payment information Is also stored In the individual taxpayer record.
(2) A program prints a partial payment agreement, the agreement states the
amount agreed to pay and and thedate the payment agreement was entered Into, this
Information Is stored in the taxpayer master record.
(3) The record Is coded to notify that a partial payment agreement has been set
up, the record also contains fields which record the last payment date and the amount
paid.
(4) A report is printed each month which will print an exception for those accounts
which have partial payment agreements, but show either no payment for the month or
the amou,it paid to be less than agreed, we can take appropriate action, l as
maJnIa
Ing the when a lawlsuit Is filed InAll legal documents t are roll, printed from the Information Is legal document Is printed, the date Is recorded In a
sult record. When an account Is
selected for filing, a law suit record Is created, which will contain dates showing when
I various litigation procedures are completed, These dates become the basis of a
S litigatlon control system, which tracks law SL s from filing to judgment to tax sales. All
the suit dates and information are automatically updated when the litigation programs
are run,
I
' The system can print a number of reports that use the dates in the suit record In
Proposal 10 the City of Denton, Taxes
Paga t5
i
I
order to inform the lawyers that suits are at the next stage of litigation. Thus the system
aids the lawyers and staff in quickly identifying at what stage In the litigation process a
particular suit is, and what action should be taken next. For each client the system
records Information on how many law suits were filed, how many went to judgment,
how many were settled by sending lien holder letters, how many suits we intervened on
behalf of the tax office, the number of tax sales and the number of tax seizures.
This information is stored on a yearly basis, and is kept for five years. Reports
can be produced to show the figures for the current year and also for past five years, or
since the inception of the contract. The Firm can provide the City of Denton with the
most comprehensive set of reports which will reflect the activity undertaken by the Firm
to collect ycur delinquent taxes.
I
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Proposal to the City of Denton, Texas Peso is
COMPENSATION
The proposed percentage to be paid to this firm as compensation for all services set
forth herein is fifteen (15%) percent of the total amount of delinquent taxes, penalties
and Interest as authorized by Section 33.07 of the Texas Property Tax Code which are
actually collected and paid to the City of Denton's tax office from delinquent accounts
which are referred to this firm. The fifteen (15%) percent of the total amount of
de!inquent taxes, penalties and interest will be charged to the delinquent taxpayer as a
penalty to defray costs of collection pursuant to the Code, thus resulting in a one
hundred (100%) percent recovery of delinquent taxes, penalty and interest to the City of _
Denton.
Proposal to tho Ctty of Denton, Texas
Pego 17
REPORTS
Perdue, Brandon, Fielder, Collins & Mott has develcped a number of reports
which can be generated on a monthly basis, These reports, samples of which are
located in the Exhibits section, include;
(1) Monthly Activity Reports
(2) Year by Year Analysis of Tax Roll
(3) Account Analysis of Tax Roll
(4) Descending Order Printout
(5) Tax Roll with six months of penalties and interest
The Firm's computer system does an internal scan of all accounts twice every
month. From these scans, information Is stored in the system enabling the Firm to
malntaln a historical analysis of each Client's account activity and the information may
also be formatted and printed as Reports (t), (2), and (3) above. Additionally, should
the Information be requested, this information may be acquired in hard-copy form at
any time during the month by scanning the accounts at the time of the request.
The Firm also prepares lists of those accounts which are currently in bankruptcy
showing not only the taxpayer's name but also the description of the property and the
amounts of tax due for each year. A similar list of accounts with bad addresses Is also
available, In addition, the Firm's In-house programmers will develop additional reports
as requested by the City's staff,
Proposal to the City of Denton, Texas
Page 18
it
Resumes
HOWARD- EROV.
Born October 46, 1937, Dallas, Texas
EXPERIENCE
1955-1959, Chiol Ouyuty Tax Assessor-Colla,Wr, Ciry of Irving. Texas; 1960 TaA Asses sca.C,61octor, City of Farmers Branch,
Texas; 1963-1967, Councilman, City of Irv'Ing, Texas, 1965 Assistant UiSlnd Ahamey, Dallas County , Texas, Tax Collerton
Olvislon; 1967.1970, First Assistant City A;torri City of Amarillo, Texas; Chief Tax Anomny for combiaod tax offices of City,
School, College and Hospital DistncLs, 1970-Present: Private Law Practice, Lirrrded b Ad Vaiorom Tax Co!lec6ons, Chairman,
Anomoys Committoe, Texas Association of Assessing Officers; Foenor Advisor, Texas Legislative, Property Tax Commit:eo
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texas; United States District Court Northern District of Texas; Unitod States D sinct Court, Western Dis'ncl of'rexas.
Unllei States Supreme Ceu4
PROFESSIONAL MEMBERSHIPS
State Bar of Texas; Tarar I County Bar Association, Callas County Bar Association, American &n Association, Texas Assoclation
of Assessing Officers; Texas Association of Appraisal Dislr crs
EDUCATION
North Tcxas Stall University, Bachelor of Business Admfnietretiom, Southern Melhod,st Urivers ty, School of Law, Doctor of
Jurisprudence
LARRY @EAND-ON
Bern March 6, 1939, Li Linda, Caiifomia
EXPERIENCE
1907.1970 AisistantCity Anomyy, City of Ar,lenlic, (19(6.1970, Tax Division); 1970-t071. First Assistant City Alomcy, City of
Amarillo ()-lead of Tax Division, in addition to otherdutos}, 1971-Presenl. Prvato Law Practice, Limited to Ad Valorem Tax
Collentons
BAR y DMISSIONS AND MEMBERSHIPS
State Be( of Texas; United States District Court, Nnrthem Dislnet of Texas, Unitod States Court of Appeals, Fifth Circuit; United
Stales Suprt,me Court
PROFESSIONAL MEMBERSHIPS
Fortner Chairman, Anomoys Committee Texas Association of Assessing Offica% Texas Tax Assassors Association; Amanllo Bar
Association; Amerkan Bar Associallon; State Bar of Texas; Phi Alpha Delta Legal Fratem ty; Lecturer, Texas Association of
Assessing Officers Continulrg legal Educalon Programs, 1076.1977; Presented Delincluonl Tax Coilechen Program at 35th
Annual Slate Conference of Texas Association of Assessing Officers, 1974
EDUCATION
West Texas Stale Uftersity, Bachelor of Businass Admirialralloni Baylor Univers ly Law School, Bscholor of Law (LL S )
D,DJAVID-FIELDER
Porn February 22, 1947, Houston, Texas
EXPERIENCE
1072: Assimar,t City Attorney, City of Amarillo, Texas; 1972.1975 Ass stanl County Alloni Chro1 Tax Attorney for POW
Couhfy, Texas: 1974-Primi Private Law Practics, LlmiWd to Ad Valorem Tax Colloccons; 1964 Lecturer, Ci!ii Ir. Collsgo,
(Abilen9 Campus) Property tax Law
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texas United States District Court Northern District of Texas; United States Supreme Cddrl
PROFESSIONAL McMBERSHIPS
Texas Bar Association; Tarrant Bar Association; Dallas County Bar Assdclaton, American Par Association, Texas Association of
Assessing Officers; Texas Associabon of School Administrators, Texas Association of Appraisal Dislrics, Texas Asrociaton of
County Assessors
EDUCATON
UnN4rslty of Texas al Austin, &Icholor of Businoss Adminlsiratlon Finance, t9tt9, Univers ty of 1 exal. chool of t aw Doctor of
Judspn donne, 1071
Proposal to the I of Donlon, Texas Page 19
r++~W
JAMUL41 COLLINS
Bom March 15, 1953, Bartlosvllle. Oklahoma
EXPERIENCE
1975. taw Clerk, Miler, Miller & Shackelford, 197a-I WO. Assistant District Attorney for Randall Courl Texas, 1930.19a2
Private General Practice, Amarillo, Texas, 1982-Prosent, PH404 Law Practice, Limited to Ad Valorem Tax Colleclions
BAR ADMISSIONS AND MEMBERSHIPS
Stale Barof Texas. United Stales DlsMcl Court, Northern District of Texiu
PROFESSIONAL MEMBEFISHIDS,
American Trial Lavryers Association. Amanllo Bar Association; Amarillo Junior Bar Association; 1:80.1901, Vice Prosidont.
Arranto Junior Bar Association, 1981-1982. President, Amarillo Junior I Association
EDUCATION
Weal Texas SI University, Bachelor of Science in Public Administration, December 1974; Dean's List 1973 A 1974, Texas Tech
University School of Law, 0cotcr of Junsprudonca, 19781 Associate Editor of Texas Tech University School of Law a Lew Review,
1976.1977; Board of Editors and Business Managei of Law Review. 1977.1978 Texas Tach Lew School Netlonal Mock Trial
Competihon
I
QREGG M. MCLAUGfU4
Bom August 1, 1960, San Antonio, Texas
EXPERIENCE.
1971-Presanl, Urilod Stales Army Reserve Officer, Military Intelligence; 1976.1975. First Asstetant City Anomey, City of San
Angelo, Texas; Chief Prosecutor, Eminent Domain, and Planning and Zoning, 1976.1963. Asaillanl City Attorney, City of Grand
Prairie, Texas; Colloction of Ad Valorem Taxes, Chief Prosecutor, Planning and Zoning, Damage Clains, end Director of Municipal
Ccurl: 1983-Prosont. Private Law Practice, Limited to Ad ValoreT Tax Colloctlone
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Taxes; United Su1es District Court, Northern Northam District of Texas
PROFESSIONAL MEMBERSHIPS
State Bar of Texas; Texas City Attorneys Association; American Bar AasocVetion; Phi Alpha Datia I Fretemity, Inismalionah,
Texas Association of Assessing Officers; Texas Asw41tion of School Assessors; Texas Association of Appraisal Districts;
Reserve OMicii Assoclatlon
EDUCATION
Baylor University. Bacholor of Ads In Political Science end Oral Communications: Radio, Te'ovision and Film; Baylor Unlvorsity,
Peal Graduate Work: Sociology; Baylor University School of Law. Doctor of Jurisprudence
RODERTAIMM
Bom January 21, 1950, Austin, Texas
EXPERIENCE
1977.1(181: Private Lew Practice, Austln; 1911.1917; State eomplrollerof Putdic Accounts Stefl Anomsy; 1979.1981: Stale
Properly Tax Board, Educational Oooedinator, Staff Allorl 1961.1984, Hams County Appraisal Oistncl Diraclor of Standards d
Proceduros, Staff Allorri 1904-Presont: PlI Law Practice, Limned to Ad Valorem Tax Collections Appraisal District
Representation
BAR ADMISSIONS AND MEMBERSHIPS r
State Bar of Texas United Stales District0ourt Southern District of Texas
PROFESSIONAL MEMBERSHIPS
Chairman of Texas Stale Bar Commilloo on Ad Valorem Taxation, 1964 to Present; Chairman of Taxes Association of Assosang
Olfioers Cducallon Commitloo. 1984
EDUCATION
Lamar University, Llndorpradusle, 1968.1 910, University of Texas, Austin Sact,olor of AM • 1972, Master of An% t 975 Doctor of
JurispNderec • 1377
Proposal to the City of Dontrlt, Tema Pape 20
& BRU-CEIMEDlEY
Brim April 29, 1957, Houston, Texas
EXPERIENCE
19"'Presanl. Pnvalo Low Practice, Limited to Ad Valorom Tax Collocoons
BAR ADMISSIONS AND MEAIBERSHIpS I
Slate Bar of Texas, United Stales Distrci Court, Northern Orstncl of Texas
PROFESSIONAL MEMBERSHIPS ,
Texas Bar AssociaDOn, Yexa,a Young Lawyers' Association, Amodr:ao Bar Association • Young
Real Property, Probale, and 1 rusl Law: TexaAAssociaton of Assessing 011icets; Phi lavryon'Divas on and Section of Certified Instructor, Stale Alpha Doha Legal Fraternity,
International,
Property Tax Board
EDUCATION
P C$ Un vanity, Bachelor of Arts In History and Pol'r ca! Sconce
Doctor o! Jun • I',mi;donp's flonor poll 1970, University of Houston Law Center,
sprudoncs • CasenotoiCornment Editor. Houston Journal of Inlematonat Lew
I I
j I 'LERBY~N-yiy}i1TE
Born October 1, 1956, In Tacoma, Washington
1977.1070 Clerk lot Cdy Attorney, City o!Lubbock, 2 Y ark-Assistant Counsel to Phillips petroleum Company; 1g89•P+as.
Pdvale Lew Pnchco, LfrWtod to Ad Valorem Tex Collections nnl
BAR ADMISSIONS AND MEMBERSHIPS
Stale Bar of Texas; United States Dfsldct Court, Norfhem District of Texas
PROFESSIONAL MEMBERSHIPS
Amarillo BarA3wciatron; Texas Bar Association
EDUCATION
SoulAam Methodist UnUn.vo s Bachelor of Science In Political Science, 8a
Tech Univon
Lew= ()color aiar of Applied Scancss In Criminal Justlco; Texas
ity School of ()color of Jurisp rude nce; Hance, Thompson 8 Thomas Award
KE i @HENNEN
Born March 21, 1951, Pasadena, Texas EXP 1070 p»sanY, Pierce Cour,y P+oaocufola Office, Inlem; IR I•s95<N
t"4-Pro Asslstanl Comdn3l Distdot AMomey of Randall Coumly, Texao;
iii Pnvato Law Prl cl Lkmlad to Ad Valorem Tax Colectons
BAR ADMISSIONS AND MEMBERSHIPS
Sfafa Bar of Taxis; United £tatas Diaucl Court, A'oMom District of Texas; United Staten Suproma r ourt
Texas Association of Appraisal Districts, TexasRAssoclakri of Aa ssing OV, ws, Texas Stale Bar Association, Amarillo Bar
Association; Texas Young Letwirats Aaooclah'on
EDUCATION
Abi;ano Chdsfian Unfvealty, University of Puget Sound i School
Proposal to the City of Donlon, Tons
Peye 21
{
HAfi41.D~R,~,w
BomJaruary 3. 1947, Parton, Illinois
EXPERIENCE
19754978. Asa;s!ant City Anomey, Wichita Falls, Texas, 1978.198o. Private Practice, 1481-1933 , Wlchila County Anomey,
1984.1984. Dislncl Attorney, 30th Judicial Dislncl tJanuary 1984 thru Decembor 1984); 1985-Prosont. Prtvale Law Prac6:e,
Limited to Ad Valorem Tax Collections
BAR ALMiSSIONS AND MEMBERSHIPS
Stato Bar of Texas; United Status District Court , NOrthem Dislncl of Texas; United Slates Court of Appeals, Fifth Circuil
PnOFESS10NAL MEMBERSHIPS
State Bar of Texas. Wichita County Bar Association, Farmer MOmLer of Texas District and Count/ Aflomeys Association
EDUCATION
Mrdwesicm State Univorsity, Toxas Tech Law School, Doc lor or Junsprudence
x[EAd61ABl~li41D~R.~9EA
Bom March 26, 1P58, Cocoa Beach, Flonda
EXPER ENCE
1981: CIOM, City Attorney, City 01 Wlchila Fails Falls, Texas; 19l law Clerk, Sh9m9 d Paco, Wichita Fails, Texas; 1983.1984
Private Law Practice, Wichita Falls, Texas, 1984.1985: Assistant County Attomoy, Wichita Falls, Texas; 1985.1987; Assistant
Criminal District pnomoy, Wichita County, Texas, Civil and Folony Prosocution; 1957 • Present. Prlvalo Law Practice,
Ad Valorem Tax Collections Limited to
BAR ADMISStONS AND MEMBERSHIPS
Slate Bar of Texas, United States Disldcl Court, Northam District or Texas
PROFESSIONAL MEMBERSHIPS
Stale Bar of Texas Texas Young Lawyoes Association; Phl Della Phi Legal Fraternity; Wichita County Bar Association
EDUCATION
Lambda Dolts. Alphas Chl,l Horrors Program C p oA tla3own,l Pros dar rs Council, Chl Omega;Universiyof Texas Schoolrof Law.
Doclor of jurisprudence. a4th Honon, 1983
nE0R2E Dftj0
Born Juno 12, 1934, Canyon, Texas
EXPERIENCE
County196, 1; Texas; s 1anl9761City987: Aoomay JudSO 1 e, 81of Amantlo; 1962.1984; Privets law PracNo11064-1976: Criminal Distri ct Attorney, Randall
st OimNicl Court, Pol& Randall Counties; 1987•Present, Pnve;o Lew Pretties, Limited to
Ad Valorem Tax Collections
GAP ADMISSIONS AND MEMBERSHIPS
United Stales Distdcl Court, Northam Distdool Texas; Texas state BarAssocietron
PROFESSIONAL MEMBERSHIPS r
Board Certiflod Criminal Law, T'll Board of Legal
a Texas Spoclall,atian; Texas Association of Appraisal Duls, Amarillo Bar
Ae Texas ss Aj$oclaion Maociatlon of School of yusesiog Officaro Toxas City i 9om4n1 Asseclation; Texas Tx
Phi Alpha Dilta A39030 1 Association,
Tex inhtratrs; Legal Fratomiy; Member, Texas Adult Probation Corntril
Masonic Lodiira; Lubbock Scoltsh Rita Cons'sfory; Khlva Shone Temple
EDUCATION
West Texan State UntloraJy, University of Texas Schcol of Low
Proposal to the City of Denton, Toxas
Pa9a 22
I
LAUfi"-MQNRQE
E!om January 11, 1956. Fort Worth, Texas
EXPERIENCE
1989-1967. Assistant City Attorney, Lubbock, Texasl 1987 • Present Pnvate Law Practice, Llmitod to Ad Valorem Tax Collocbons
i
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texan; United States District Court, Northern District of Texas
PROFESSIONAL MEMBERSHIPS
TexasYeung Lawyers Associiton; Lubbock County Young Lawyers Association, 1986.1987. Treasurer, 19B7.1989 Director j
1989'. Liberty Doti Award Committee Chairman 1989. 199o. Socratary: Lubbock County BAf Aasociaton, 1989 • 1990. 1
Treasurer. 1969. 1990, Law Day Committee Chairnam, Texas Young Lawyers Association, Texas Association of Appraisal
tntnuing Education
Districts; Texas AsPrroogr mrs, West Texas Bankropi y Bar Assocla ions Lubbock County Bar Association
ELUCATION
Stephon F Austin Stale Unlvorsity, Bachelor o1 Science in Home Economics - 1977. Magna Cum Laude and Honor Roll; Texas
TaachersCortilica%, Alpha Chi, Scholastic Honor Fraternity, Phi Upsilon Omicron; Texas Tech University, School or Law, Doctor
of Jurisprudence, 1982: Phi Alpha Delta, Law Fraternity; Studont Bar Associa! on; Third Place, Advanced Intramural Client
Counseling Competition, 1981
I
• ~ DAVIQA,.~7~lYlELLIS9N
Bom May 9, 1953, Crosby County, Texas
EXPERIENCE
1979.1987. Jones, Trout, Flygare, Moody d Brown, Alromoys At Levi. Lubbock, Texas • General CNi1 Practice; 1987-Presonl,
Private Law Practice, Limited to Ad Valorem Tax Collections
BAR ADMISSIONS AND MEMBERSHIPS
Slate &rr of Texas: Unites States Distktt Cou C foal iNorthern Supreme and Western tof the United SllTsxas, United Stales Court of Appeals for
the Fifth PROFESSIONAL MEMBERSHIPS
Lubbock County Bar Association; Lubbock CountyYoung Lawyers Assoclation; American Bar Associates; South Plains Lions
Club; Texas Association of Appraisal Distrlcts; Texas Association of Asseaoing Officers; Texas Assucta4on of Appraisal Districts.
Judges as
Speaker, Texas
and Trusts
ng Young Lawyer g of LOfficers ubbocit Couny9 AmEdcation erican JPspmdexo Award Wills Nominate
O and
EDUCATION
Texas Tech University, Bachelor of Business Administration; Texas Tech Uolveraily, School of Law, Ooetur of Junsprudeneo
Bom August 15, 1953, Dallas, Texas
EXPERIENCE
G
1980.1iioggan, stant Williams & Harrtson, xl lf Preseri Private LawePra 4ce, cLimited to Ad Valorem Tex CotloeliensHoaM,
BAR ADMISSIONS AND MEMBERSHIPS
Slate Bar of Texas: United State$ O alricl Court Northam Dieldcl of Texas, United Staten District Court, Western Dislrol of Texas
United Swiss Court of Appeals, Fifth Circult United States Supreme Court
PROFESSIONAL M£MBr_RSHIPS
sociation of School Absoctmon; Fir low, Texas
AmoricanBat ~of Assessing Officers; Texas Association; Sart Antonio Bar
Foundatm Association
Delta Theta Phi Legal l f ratemty
EDUCATION
East Texas Slate University, Bachelor of Businoos Admin stmtion, 1975; SI, Mary's Unlvor ity of San Antonio, Doctor of Jur1spv-
dslos,1978
Proposal to the City of Denton, Texas Page 23
i
-OSCAR L sommE n; j
Born May 4, 1954, Branham, Texas I
EXPERIENCE
1988-Presont. Private Law Practice, Limited to Ad Valorem Tax Collections; 1987.19e8, Chicf Prosecutor, County Court at Law,
Number Three, Monlgomery CountyAnomey, Conroe, Texas, Misdemeanor Prosocullon, 1 hI(1f P87 Seniorounty ! Investigator,
Montgomery Count' pnomey, Conroe, Texas, 1980 1981 Police Officer, City of Conroe, loxes, 19781979 Deputy ShenH,
Wharton County Shenffs Department, Wnarton. Texas
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texas United Stale Dislrict Court SOuthem Distncl of Texas
PROFESSIONAL MEMOERSHlPS
Houston Ba Ass%iation; Texas District 6 County Allomeys Assoclalion, Texas Association of Assessing Officers
EDUCATION
r Sam Houston State University, Bachelor of Business Administration In Economics, 1977; Sam Houston Sale University, Master of
Business Administration In Administmtian, 1982; South Texas College of Law, Doctor of Junsprudoxo, 1987
i
0
Born Sop'^mhor 2', 1955, Tyler, Texas
l EXPERIENCE
1901-Present Pdvate Law Practice, limited to Ad Valorem Tax Co96ctions
BAR ADMISSIONS AND MEMBERSHIPS
Stele Bar of Taxes; United States Districi Court, Eaulem District of Texas; United States District Court, Northern District of Texas
PROFESSIONAL MEMBERSHIPS
Smith County Bar Assoclalion; Smith County Young Lawyers' Association; Texas Association of Assessing Officer; Texas
Association or Appraisal Districts; Approved Instructor. Board of Professlonal Tex Examinara; Lecturer and speaker on properly tax
Issues State Bar of Texas and Texas Association of Assessing Officers
EDUCATION
Thnily University, Bachelor of Science, 1976; Cum Lauds; Texas Tech School of Lew, Doctor at Jurisprudence, 1961, Due Key
Natonal Honor Society; Who's Who In American Gallegos and Universities
B.-UNUTAYINQHA
Born September 4, 1968, Houston, Texas
EXPERIENCE
1936.1989. Lew Cksrk, Pamiue, Brandon 6 Fielder, August 1969 Presenl: Private Law Practice, limited to Ad Valorem Tax
Collections
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texas
PROFESSIO'JAL MEMBERSHIPS
Texas Bar Association, Texas Young Lewyors' Assoclatlon; Arri Bar Association Texas Association of Assessing Ofllcera; r
Phi Delta Phi Legal Fraternity, Tenant County Bar Assoclnb"
EDUCATION
Texas Lutheran College, Bachelor of Arts In Economics and Political Science, Magha Cum laude; Texas Tech University School 01
Law, Doctor of Jurisprudence 1980
Proposal to the City of Denton, Taxes Pape 74
a
EIEVEN A. EDMISMN
Bom Soplember4, 1937, Hamilton, Texas
EXPERIENCE
1959.1962, Ollicer, U.S.. Corps of Enginears, Ft. Silt, Oklahoma; 1962.1977: Seles end Marketing executive, owner and loundor cl
sevurat manulactunng companies. 1972.1961; Board of Trustees, Canobton•Fwnrors Branch Independent School Di91HCL Board
Saere'3r/: 1950-1965. Private Practice, General Law, Dallas. Texas, I9al-Present: Private Practice. Ad Valorem Tax Cotlcetions,
Board Member, Region 10 Education Service Canter
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texas
PROFESSIONAL MEMBERSHIPS
r
Texas Bar Assoc iaton. Texas Associatien of School Bcards: Tsxas Association ct Assessing Officers
EDUCATION
Texas A d M University, Bachelor of Science, Clvit Engineering. 1959; University Q1 North Texas, Master of Business Adminisi.
ration, 19% Southern Methodist University School of Law, Doctor of Judspruienca, III
I
MICHAEL I DA LOW
Sam October 15, 1959, Miami, Florida
EXPERIENCE
May 1990•Prssent. Private taw practice limited 1o Ad Valorem Tax Collection with Pedue, Brandon & Fielder, 1993.1990 Prappas
6 Darlow, P,C., Sharelvlderand Managing Partner, 1952.1953, Law Clark, Hebinick a Associates, Houston, Texas, 19e1.1982
Law Clerk, Groom, Migibco, Gibson, Bussell 6 Stewart, Houston, Texas
BAR ADMISSIONS AND MEMBERSHIPS
State Bar of Texas; United States Supremo Court; United States Fifth Circuit Court of Appeals; United States District Court lot the
Southern District of Taxas; Ad Vatorom Taxation Section, State Bar of Texas
PROFESSIONAL MEMBERSHIPS
Houston BarASSoaietbn; Amodca i Bar Association
EDUCATION
University of Florida, Bacholorof Ali, Political Science, 1990; South Texas College of Low. Doctor of Jurisprudence, 1903
JOEEPRION03O]RIA
Born June 5, 1957, Houslon. Texas
EXPERIENCE
August 1991•Prosenl: Private IsN practice Wiled to Ad Valorem Tax Coffecbon with Pontius, Brandon 8 Fielder, 1990.1991
A lsoctate with Law Offices of Daniel K. Trevino, Jr. P.C.; 1909.90: law Clerk with the Law Offices of Daniel K. Trevino, Jr,
BAR ADMISSIONS
State Bar of Texas s
PROFESSIONAL MEMBERSHIPS
American Bar Association, Mexican American Bar Association of Houston, Houston Bar Association
EDUCATION
University of Houston Bachelor of Arta, 1983, UnNiII of Houston Low Center, Judo Doctorate, 1909
Proposal to the City of Dantou, Taxes Pago 25
DIANA UMn
Bom Sepfomber 13, 1951, Longviow, Texas
• EXPERIENCE
April 1992-Preseni: Fdvate law practice limited to Ad Vaiorem Tax Collection with Pardus, Brandon 6 Fielder; November 1991
APnI 1992. Private Lew Practice, 1
BAR ADMISSIONS l
State Bar of Texas 1
PROFESSIONAL MEMBERSHIPS
Amorican Bar Association, Association of Trial Lawyereof America, Texas Young La
we s Asocledon
EDUCATION
Texas Southern University, Bache!cr of Ads; Texas Southom Unrvorsity, Juns Uoclorale
l
r
~r
„
s
Proposal to the City of Donlon, Texas
Fago 26
=PIEFRIDUE,BRANOON, Avalon I.S.D.
LDER, Avinger I,S,D.
Avinger, City oftricts Azle I.S.D. {
Azle, City of
Abernathy I.S.D, Bailey County
Abernathy, City of Baird, City of I
j
Adrian L S. D. Bardwell, City of
Adrian, City of Bellevue I.S.D.
Alanreed LS D. Senbrock, Co of
Alba, City of Blackwell I.S.D,
Alba-Golden I.S.D. Blackwell, City of
Allison I.S.D, Bledsoe I.S.D.
Amarillo Hospital District Bloomburg I.S.D.
Amarillo Jr, College District Bloomburg, City of
Amarillo I.S.D. Blue Ridge I.S.D.
Amarillo, City of Blue Ridge, Town of
Anahuac I.S.D. Soles Home I.S.D.
Anahuac, City of Booker Hospital District
Andrews County Booker I.S.D.
Andrews [S.D. Booker, City of
Andrews, City of Borger I.S.D.
Anna I.S. D. Borger, City of
Anton I.S.D. Bovina I.S.D.
Anton, City of Bovlna, City of
Archer City I.S.D, Bowie, City of
Archer City, City of Boyd, City of
Arlington 1,S.D, Briscoe County
Armstrong County Briscoe 1,S.D. '
Aspermonll.S.D, Brontel.S.D.
Bronte. City of
permont, City of
Atlanta I,S,D. Burkbumett I.S.D,
Atlanta, City of Butbumett, City of
Burleson I.S,D.
Proposal to tho City of Denton, Texas
Page 27
Burleson, City of Commerce Water District
Bushland I.S.D. Conroe I.S.D.
Byers I.S.D. Coppell I.S.D.
Bynum I.S.D. Corinthian Point M. U. D.
Cactus, City of Cottle County
Campbell I.S.D. Cotton Center I.S.D.
Canadian I.S.D. Crosby County
Canadian, City of Crosbyton I.S.D.
Canyon, City of Crosbyton, City of
Carson County Crowley I.S.D.
'i Cass County Dafhart I.S.D.
Castleberry I.S.D. Dalhart, City of
Castro County Dallam County
Cedar Hill I.S.D. Darrouzett Hospital District
Cedar Hill, City of Darrouzett I.S.D.
Celina IS.D. Darrouzett, City of
Celina, City of Dawson County
Channing LS.D. Dawson I.S.D.
Channing, City of Deaf Smith County
Childress County Denton County M. U. D. #2
Childress I.S.D. Denton County M. U. D. #3
Childress, City of Desoto I.S.D.
Cisco, City of Dickens County
City View I.S.D. Dickens County Water Control d
Clarendon I.S.D. frnprovement Dist-1
Clarendon Junior College District Dickens, City of
Clarendon, City of Dickinson I.S.D.
Claude I.S.D. Dimmitt I.S.D.
Claude, City of Dimmitt, Crty of
Clear Creek Drainage District Donley County
Cochran County Donley County Hospital District
Colleyville, City of Dumas I.S,D.
Collingsworth County Dumas, City of
Commerce I.S.D. Eagle Mountain-Saginaw ISD
Proposal to the Ctty of Denton, Togas Page 28
I
East Chambers County CISD Franklin County Water District
East Coke County Hospital District Frenship I.S.D.
Eastland, City of Friendswood I. S. 0.
Edgewood 1,S.D, Friendswood, City of
Edgewood, City of Friona I.S.D.
Electra Hospital District Friona, City of
Electra I.S.D. Fritch, City of
Electra, City of Fruitvale I S.D.
--r
Elkhart I.S.D. Gainesville I.S.D.
Ellis County Garland, City of
Ellis County Levy Improvement District Glen Rose I.S.D.
#2 Glen Rose, City of
Ellis County Levy Improvement District
#3 Godley I.S.D.
Ennis I.S,D. Godley, City of
Ennis, City of Goldburg I.S.D.
Estelline I.S.D. Graham I.S.D.
Fannindel I.S.D. Graham, City of
Farmers Branch, City of Grapevine, City of
Farwell Hospital District Grapevine Colieyville L S. 0, {
Farwell I.S.D. Greenville I.S.D.
Farwell, City of Greemille, City of
Ferris f,S.D. Groom I.S,D, j
Ferris, City of Groom, City of
Fisher County Gruver I.S,D.
Fisher County Hospital District Gruver, City of
Floyd County Gunter I.S.D.
Floydada I.$. D, Hale Center I.S.D.
Floydada, City of Hall County
Follett Hospital District Hall County Hospital District
Follett I.S.D. Haltom City, City of
Follett, City of Hansford County
Frank Phillips Junior College Happy I.S.D.
Franklin County Happy, City of
Harris County W. C. I. D. #92
Proposal to the City of Denton, Texas Page 20
i
Had I,S,D, Hutchinson County Hospital District
Hart, City of
Idalou I.S.D.
Hartley County Idalou, City of
Hartley I.S.D. Iowa Park I.S.D,
Haskell County Iowa Park, City of
Haskell County Water District #1
Jacksboro, City of
Haskell Hospital District
Jacksonville, Ciry of
Haskell I.S.D.
Jefferson 1,8 D.
Haskell, City of
Johnson County
Haslet, city of Josephine, City of
Hedley LS.D' Justin, Ciry of
i Hedley, City of
Kamack [S.D.
Hemphill County
Kelton I,S,D.
' Hemphill County Hospital
Hereford LS D. Klondike LS.D.
~ .
Hereford, City of Kress f,S.D.
Kress, City of
Higgins Hospital District Ladonia, City of
Higgins I.S.D.
Higgins Lake Worth I.S.D.
, City of Worth, City of
High Plains Water District Lake
High Plains Water District Lakeside City, City of
High Plains Water District #1 Lakeside, Town of
Lakeview I,S,D.
Highland LS.D'
Highland Park I.S.D. Lakewood Village, City of
J
Highland Park I.S,. Lamesa I.S,D.
Highland Park, Town of Lamesa, City of
Highland Village, City of Lancaster (.S.D.
Lancaster, City of
Hobbs I,S.D, lazbuddie I.S.D.
Nodcley County Lazy River Improvement District
Hockley Counly-Wide I,S.D,
Lelors LS. D. ~
Holliday, City of Le}ors, City of
Houston County Levelland (,S.D.
Hubbard, City of Levelland, City of
Hutchinson County
Linden, City of
Proposal to the City of Denton, Texas
Page 30
Linden-Kildare I.S.0 Miami, City of
Lipscomb County Mineola LS.D.
Llano Estacado Water District Mitchell County
Lockney LS D, Mobeetie LS.D.
Lockney, City of Mobeetie, City of
Lone Oak, City of Montague 1.S.D.
Lo,aine t.S.D. Montgomery Co. Fresh Water Dist. #f6
Loraine, City of Montgomery County M. U. D. N15
Lorenzol.S.D. Montgomery County Water
Lorenzo, City of Improvement District kt
Lubbock Central Appraisal District Montgomery, City of
Lubbock County Moore County
Lubbock County Hospital District Moore County Hospital
Lubbock County Water District Morton I.S.D.
i
Lubbock I.S.D. Morton, City of
Lubbock, City of Mount Cairn 1,S-D,
{ Lubbock-Cooper I.S.D. Mount Calm, City of
Mackenzie Municipal Water Authority Mt Vernon, City of
Mackenzie Water Authority Muleshoe Area Hospital District
Magnolia, City of Muleshoe I.S.D.
Malone, City of Muleshoe, city of
Mansfield, City of Naples, City of
Marietta I.S.D. Nazareth I.S.D.
Maud I.S.D. Nazareth, City of
Maud, City of New Boston, City of
Maypead [.S.D. New Deal LS.D.
Msypeart, City of New Deal, City of
Me Leod LS.D. Newcastle LS.D.
McLean I.S.D. Newcastle, City of
McLean, City of Nocona Hospital District '
Melissa, C&I of Nocona L.S.D
Memphis I,S.D, Nocona, City of
Memphis, City of Nolan County
Miami LS.D, Nolan County Hospital District
Proposal to the City of Donlon, Texas
Page 31
ti
North Central Water Authority Plainview I.S.D.
North Plains Water District Plainview, City of
Northwest Dallas County Flood Control Plemons•Stinnett-Phillips I. S. D.
District Polter County
Northwest I.S.D, Pottsboro I.S.D,
O'Brien, City of
Pottsboro, City of
O'Donnell LS,D. Prairie Valley I.S,D.
O'Donnell, City of
Princeton I.S.D.
Oakhdge North, City of Princeton, City of
Ochiltree County Pringle-Morse I.S.D.
Dedham County
Queen City I.S.D.
j Olney Hospital District
j ? Queen City, City of
Olney I.S.D.
Quinlan I.S.D,
Olney, City of
Quitaque, City of
Ovilla, City of
Quitman I.S. D,
Paducah I.S.D. Quitman, City of
Paducah, City of Palls I,S.D.
Paint Creek I.S.D. Palls, City of M
Palmer I.S. D.
Randall County
Palo Duro River Authority Ransom Canyon, City of
Panhandle Ground Water District #3 Red Oak LS.D.
Panhandle ),S.D. Richland Hills, City of
Panhandle, City of River Plantation M. U. D. I
ParmerCounty River Road I.S.D.
Patton Springs I,S.D, Robert Lee I.S.D.
Paul Pewitt I.S.D. Robert Lee, City of
Pecan Gap, City of Roberts County
Penelope I.S.D. Roby I,S.D,
Perryton I,S.D, Roby, City of
Perryton, City of Rochesterf,S,D,
Petersburg I.S.D. Rochester, City of
Petersburg, City of Roman Forest, City of
Petroiia, City of Roosevelt I.S,D.
Pilot Point, City of Ropesville I.S.D.
1 r
Proposal to the City of Denton, Texas Page 32
17
i
Ropesville, City of Spur, City of
Roscoe I.S.D. Stagecoach, City of
Roscoe, City of Stanley Lake Municipal Utility District
Rosenberg, City of Stanton, City of
Rotan I.S.D. Stinnett, City of
Rotan Municipal Water Authority Stonewall County
Rotan, City of Stonewall County Hospital District
Royse City I.S.D. Stonewall County Water Control &
Improvement No. I
r Rule LS. D.
Rule, City of Stonewall County Water Control &
Improvement No. 1
Saint Jo, City of Stratford Hospital District
Saltillo I.S,D.
Stratford I.S.D.
Sam Norwood I.S.D. Stratford, City of
Sanford i.S.D
j Sudan I.S.D.
Sanford, City of Sudan, City of
Shallowater I.S.D.
Sulphur Bluff I.S.D.
Shatlowater, City of Sunray LS.D.
Shamrock I.S.D. Sunray, City of
Sherman County Sweetwater I,S.D,
Silverton I.S.D. Sweetwater, City of
Silverton, City of Swisher County
S Town of Swisher Memorial Hospital District
Slatonaton, City of Tatum, City of
Smyer I,S,D.
Texhoma I.S.D.
Smyer, City of Texhoma Memorial Hospital District
Somervell County Texhoma, City of
Somervell County Water District Texline LS. D.
South Plains Junior College Texline, City
Spearman 1.5.D. Three-way LS.D.
Spearman, City of Throckmorton County
Spl¢rndora I.S.D. Throckmorton l.S.D.
Spring Creek I.S.D.
Spring I.S,4 Throckmorton, City of
.
Spur LS D, Tom Bean I.S.D.
Proposal to the City of Denton, Texas Pege 33
Tomball 1.8,D. Wichita County Water Control & Imp,
Trenton, City of Dist #1
Trophy Club, Town of Wichita County Water Improvemen!
District No. 2
Tufia LS. D.
Wichita County Water Improvement
Tulia, City of District No. 3
Turkey, City of Wichita Falls I.S.D.
Turkey-Quitaque C.I.S.D. W.Chitd Falls Junior College District
University Park, City of Wichita Falls, City of
Valley Creek Water Control District Wildorado I.S.D.
Valwood Improvement Authori!~
~ Wilmer, City of
Van, City of Windthorsl i.S.D.
Vega I.S.D. Wolfe City, City of
Vega, City of Wolfforth, City of
Venus LS. D. Woodside I.S.D
Venus, City of Woodside. City of
Walcott I.S.D. Yellow-Water Water District
Waxahachie I,S.D. Young County
Waxahachie, City of
Weinert I.S.D.
Weinert, City of
West Tawakon1, City of
Wheeler I.S.0,
Wheeler, City of
White Deer LS. D.
White Deer, City of
Whiteface LS,D.
Whiteface, City of
Whitewright LS.D.
Whitewrighl, City of
Whitharral LS 0.
Whitney I.S.D.
Whitney, City of
Wichita County
Proposal to the Cfty of Denton, Texas Page 34
F PERDUE, BRANDON, FIELDER,
COLLINS & MOTT L.L.P.
EXHIBITS
1. Tax Statement
2. Abstract Report
3. Original Petition
4. Monthly Activity Reports
5. Year by Year Analysis of Tax Roll
6. Account Analysis of Tax Roll '
7. Descending Order Printout
8. Partial Tax Roll with Six Months P & I
Proposal to the City of Denton, Taxes
Pago 35
i
I
I
##A##*#iAAkRRAA##kAAi#######*####**R#A*R#*#####*##*
A
# #
D E L I N Q U E N T T A X S T A T E M E N T
#
##k##*##i##II#**R##*A##ARk##*RR#R##AARA*##►#RR#A#*R4
JOHNSON COUNTY TAX OFFICE
P- 0- BOX 75
CLEBURNE, TEXAS 76033
. ATTORNEY NO, 9218
MACKEY BETTY SUE 766
P 0 BOX 148
GODLEY TX 76044-0000
1
' LEGAL DESCRIPTION
YEAR AMOUNT PEN a INT
AB/LT-NE PT 7 TR/BLK- 16 GODLEY TOTAL
126-3100-00536
TOTAL DUE FOR JOHNSON COUNTY 91 1'27 ,51
1.78
/LT-NE PT 7 TR/BLK- 16 GODLEY 1.78
126-3100-00536
TOTAL DUE FOR GODLEY INDEPENDEN
91 1.96 . T SCHOOL DISTRICT 79
2.75
AB/LT-NE PT 7 TR/BLK- 16 GODLEY 2.75
126-3100-00536
'OTAL DUE FOR CITY OF GODLEY 91 29.07 40.79
11.72
40.79
~ *#AAAkRA*AfAA*RAAk#RiARARRAAAA#A*#RRA*A*f*RAf**AR
* PAY THIS AMOUNT FOR NOV 1992
kA*RAAAA*ARAk*AAMARA*AAR*AAAA*AAA#AAR*kAk*A*f*AAR
RUN DATE: 25-NOV-92 PERDUE BRANDON 6 FIELDER
PAGE 001
4 A 8 S T R A C T L I S T I N G
JOHNSON COUNTY
FILE ADDITION LOT BLOCK ABS ACRES/ LEASE SECT
SoQ. NAME NUMBER NUM NUM MINERA., NUMBER NUM
OU0977 FISHERMAN'S PA?J.DISE 14 B
SURVEY NAME: A3STRACT DATE: 10/12/92
LAST OWNER NAME: LOVELL, CECIL B ETUX
GEOGRAPHICAL CODE 126-4227-01140
ABSTRACTOR: DIANN - 10112192 MODIFIED BY: CHRIS
' - 11/10/42
CHECK LIST DILIGENT SEARCH LIST
D. OF TRUST Y BILL OF SALE Y PHONE BOOK N
MECH. LIEN Y LIS PENDENS Y CITY DIR N VOTERS REG. N
ABST JDMT Y ASSUMED NAME Y WATER CO. CO.
PROBATE REC. N ELEC O. N
FED TAX LIEN Y
i ~ ST TAX LIENS Y L.HOLDER ADD. Y DEATH REC. N TAX TOLL N
TAX OFFICE N PROPERTY INSPECTION
REL OF LIENS Y MARKET VALUE N VACANT
FIN STMTS Y N USING LAND N
~ 4#Ri#iRR#RARAfi#kAiR}#k#k wAk#R##kki#######RkkAAAkkkRfAAAA##fi##•}Ak#1w#R#VIA}A#AA
1
INST GRANTOR
011 STATE OF TEXAS GRANTEE
~ LOVELL, WYNELLE ETVIR
INSTRUMENT VOLUME PAGE FILED INST DATE
STL 993 226 03/13/84 03/12/84
TPN3-00042-1991-5, PERIOD B/1/83-8/31/83 AMT: 121.15
STATE AND CITY TAXES
INST GRANTOR
010 STATE OF TEXAS GRANTEE
LOVELL, WYNELLE ETVIR
INSTRUMENT VOLUME PAGE FILED INST DATE
STL 993 224 03/13/84 03/12/84
TPN3-00042-1911-6, PERIOD 7/1/83-7/31/63, AMT: 184.25
STATE AND CITY TAXES
INST GRANTOR
009 STATE OF TEXAS GRANTEE
LOVELL, WYNELLE ETVFR
INSTRUMENT VOLUME PAGE FILED INST DATE
STL 988 465 02/23/84 02/21/84
TPN3-00042-1911-6, PERIOD 5/1/83••5/30/83, AMT: 394.42
STATE AND CITY TAXES,
COMPTROLLER OF PUBLIC ACCTS, AUSTIN, TX
INST GRANTOR
GRANTEE
RUN DATE: 25-NOV-92
JOHNSON COUNTY PAGE 002
FILE ADDITION
SEQ. NAME LOT BLOCK, ABS
NUMBER NUM NUM PIIACRES/NERAL LEASE
SECT
NUMBEASEER NUM
' 008 :FATE OF TEXAS
LOVELL, WYNELL ETUX
INSTRUMENT VOLUME PAGE FILED
~
. STL 6 265 INST DATE
03/01/83 03/01/83
TP#3-00042-1911-6, PERIOD 11/1/82-11/30/82, AMT: 300.00
" INST GRANTOR
007 STATE OF TEXAS GRANTEE
LOVELL, WYNELLE ETVIR
INSTRUMENT VOLUME PAGE FILED INST DATE
STL 6 263 03/01/83
03/OI/83
TPN3-00042-1911-6, PERIOD 1011182 THRU 10/31/82 AMT: 300.00
INST GRANTOR
006 STATE OF TEXAS GRANTEE
LOVELL, WYNELLE ETVIR
INSTRUMENT VOLUME PAGE FILED INST DATE
STL 6 261
03/01/83 03/01/83
TPN300042-1911-6, PERIOD 9/1/82 THRU 9/30/82 AMT; 300.00
GRANTEE- RT 1 BOY. 126, RIO VISTA, TX 76093
INST GRANTOR
005 CITY OF CLEBURNE GRANTEE
,r LOVELL, CECIL ETUX
INSTRUMENT VOLUME PAGE FILED INST DATE
AJ 1192
757 05/12/86 04/09/86
201 DC, COURT MINUTES 1379/729, AMT; 500.00 AT 10% INT.
INST GRANTOR
004 1ST STATE BANK CLEBURNE GRANTEE
LOVELL, CECIL ETUX
INSTRUMENT VOLUME PAGE FILED INST DATE
" AJ 112°
125 07/23/85 06/26/85
249TH DC, COURT MINUTES 138/350 CAVSE4249-113-85,AMT:
1,808.96 AT 94 INT.
INST GRANTOR
003 CLEBURNE NAT'L BANK GRANTEE
' LOVELL, WYNELLE 6 CECIL B
iWN DATE: 25-NOV-92
JOHNSON COUNTY PAGE 003
FILE ADDITION LOT
SEQ. NAME BLOCP' ABS ACRES/ LEASE SECT
NUMBER NUM NUM MINERAL
NUMBER NUM
INSTRUMENT VOLUME PAGE
AJ FILED INST DATE
984 402 02/06/84 01/30/84
18TH DC, COURT MINUTES 122/350, AMT:3,232.68 AT 98 INT.
GRANTEE- DBA MADE-O-DAY
INST GRANTOR
002 LOVELL, CECIL B ETUX GRANTEE
USA: FHA
INSTRUMENT VOLUME PAGE FILED INST DATE
DT 217 409 05/01/64 04/30/64
LOT 14, BLK B, FISHERMANS PARADISE AMT: 10,900.00 AT 41 INT
DUE 4/30/89, FOUND NO EXT OR REL ON THIS DT
GRANTEE- FARMERS HOME ADMIN.
INST GRANTOR
001 ALLISON, ELLA MAE ETVIR GFANTE
E
LOVELL, CEC CECIL B ETUX
INSTRUMENT VOLUME PAGE FILED INST DATE
WD 467 282 02/25/64 02/22/64
LOT 14, BLK B, FISHERMANS PARADISE
GRANTEE- WYNELLE, RT 1 BOX 126, RIO VISTA, TX 76093
' JCnN!Cr, cc uNII
1N T F E .1AUI CCURT
4!. IN AND FCR
.JACK A. EURKS JOHNSON
COUNTY. TExA!
PLAINTIFF! ORICINAL 9671TICS
'TO 1hE FCNOFAELI JUCCE CF SAID CCUR1:
Nor ccmo Ito taxirS cisir is is sat cut talcs ;
;JCHN!ON COUNTY
/ eaet a Fc111ica1 sutcIva slor of the 5tafe Cl Taxes, and aaeh is legally
conslitL too and auttcrizaa It In Pass ano ccIIact
ad valorem taxes
and Iacr is herein alter Callao "FlaintifI ahelhci one or core. oniSiral
'h 3 or irtervenors and to such causa e1 actien reprosorts to the court:
'Tna canes at Colondarts Ind their acdresses ere
•ACK A. EURF!
4324 WCCCLAFE C F I V E
FORT NORTH
tx 76135-OCCC
'rho crnac or claimet an interest in the real prcrorty hereinafter described
Iher the suit was filed and/cr ato Canso parsenal prouarty or the first day
r January cl each el tta years fCr which cclloctior of tares is scLSht.
v,,.cr Frcporty ass situated for tax Furs:cses ailtin the touncariss ct the
'lairtitls taxirS jLriscicticns for saic years and at tta tree Ito taxes
rerein It,ad fcr sore laviod arc assessed.
1. That as to the crocarty herainsttor descrited. Ina, to►es fcr eacL cf ttc
years shover tolcw acre rospcctivsly loviaC and socaratsly assessed ISainst
saic crcparty and cacti cl the roapactive Carers or owners ttorccl that suct
^tarres are cLc. cyxrs, 6roaic arc dalinetonto tcSetter with Cenalty Ind
„interosl as provider, by law. Who c•aporty isairst which such tares sore
levied ano essessec is Sonerslly aascrited hersinvelor and the total amount
due saic Pleinlitt for Celirauertil;xes. penally arc irtaresi Icr ite roars
ant amcLnt is Is felloss:
Account A P627 WEAR TAXES FEN I IN1
TOTAL
OC ACRES. LCT S, ELCCK E. CROvLEY CNE ACRES ACCITICN
LOCATD IN TtE CITY CF JCSHUA. JChNSCN CCLNIY. TEXAS.
'l6.3457.OOSSC
9
0 46.;6 25.15 71.7;
91 4f
1.000 ACRES. LOT 4. ELOCK A. CRCWLEI ONE ACRES ACDII10N 19.46 E7.2t
OCA1E0 IN itE CITY CF CSHLA. .CHN!CN CCUN11, TEXAS.
,?6•:457-DOC!C
a9 5738.53 S6. 2e
9C 59.C7 ?1.55 51 91 01.3E 24.7_2 16.611
OLAINTIFFS' fETIIICr
PACE 1
1C.CC ACFES* LOT 13o 2LCCK E. CiC6LEr C N f A C F E S AGCII10
'rATEC IN 7hE CITY CF .CSHLAp ,CtN1C1, CCU NII. IEXA;
J-145i-01000
9C E3.3i ?4oiE S7,5E
91 e5.75 24,51 52.30
1G.CC ACFESo l01 11. 2LCCK Eo, CACkLIV C N E A ( F E 5 AGGITIC) N
L C C A I E C IN 7t6 CITY CF JCS14 LA. CHN5CN CCUhIIo 1EXAS.
ACRES: 1C.000
126•?45i-U1CiC
9C 09.32 34.;4 57,5E
91 65.75 20.;1 52, 3C
JChNSCN CCUNTI 752,7E
Tot II I a r Ncvemter 1552 S 752.7 _
i
i
(This eacunt cots net irc1ude cc urt costa utich must be raid prier lc
lil o1SR1SSrl.)
FLrttcr slid Cetorcani(s) is(ara) justly ireettod to Flaintiff tar said
amoLrt cf taxes conalty and interest, arc ttcLst lo(tlly oemanorc at the
Ceferoart(s)p Pit nas failed and rcIt soap err still Iills and rolLses to pay
same or m y pari thereof to Flaintitts cama5e lcr still sum,
S. Tttl Pis InIItft t0LId stow teat all eereitiens creceoorl tc their right to
levy sale tax were ccmoliod aitt is reoLiroc ty lam; that all of sale toxos
tore auttdrized ty lea; that all things redLirec by lam have beer dL1y rnd
1o9111y porfcrmtc by ttt proper cfficialto ird that eaot taxing vnit
esserts i lien an eith ttperstely doscrltoe property listed aboyo
secure the oiymarl of all taxeso, ponaltletp intorest and cosh d•u%
4, ltrt it there shoLld to arv ecditlerel taroso penalty 6 trlerett cut
agalnsi Talc prcearly at the tioo JLogmert is recovered toreinp $lairtills pray
that sale amcLnl be iddod to the imcLnt shear ateve. Plaintiff aovlc 1Lrtnar
shot that tta Altorrty signirg this potiticr is legilly sutncriito tc
proioc6te tt:s twit an tehalf of the taxinS Lrit Inc Plantlff tterelcro
ro~otosts attorney fees is orcvicto ty Its.
5. Ttrt etch tract of sale above coscribee roil estate and/or-ittn of
rorlcnal preperly wasp or Jaruary 191 of the atcressid years and at the time
,sale tares tore imotsedp loeatec at Ihin the tcurceries at teen at saio
Plairtil,s' taxing ,aritcietion arc aittin ete tcunctries at rCHKJCN
Courtyp Texas.
6. 'hat Otlencent(s) take notice at all plots and lntervortiers
,thict Try be filed ty Pleinlitit or any party Sriervenin5.
FLW TIFFS' FETI110 PAGE i
1
hMEFEFCFEi FFEMISES COP,SIDEFEC. Flaintiffs tray that Defenaent to cltec to
'PFCar Intl ersssr to tris Cleaclrq end ell subs e0usnt elBaoinq! 11110 ffrs-
nip that or lzril ftarlrg they haul JUasmeri aSainst Oftendents for the
t0111 asdurt of sale taAosr to;c1ter with All canaltioso Irioresto tostsO
attcrrly fsose and c Msr chargcs of exronst that may bcp or becemo, legally
due arc owirt araJ aro forocleture c7 their taA lions is first. Pricr. a n a
suGericr lions seeurin; suet trxese Per1111tI. end interost uocr try atcvo {
aoscritcd real estate a4ainst aficP the t9AcI Iroe lion fcr cost ct stiti
for an crdor of sale arc eAaeuficn, ana ter <_ucr further relisto tclt seneril k
one sroc iali ai lot or in acuity tc wnicr Fla it tiffs may skew lhertscIves
justly cntllloc.
PEFCLE. aRAhCCti FIELGFFj, COLLISS 1 PC11~ L.L.F. l
AAICrnlys It Las
P. C. ECX 1]4!C
ARLIRGICN. TE19S 7E094-0420 k
81i-461-3344 Fsl; I17-Ft0-CSC9
E. LTNN STA4IhChp
EAR a 1SC85ECC
LJ
k
I AI,TIC r CI CCT Ti IrI
• 0 acc I
W4 LAM: 25 to,~92 ETIitE EmaN 6 F~IIFR
MONTHLY ACTIVITY REPORT ERE 00
I
366 814E ]IQFIU= R7flCi, ClL4IRICS
%%RM PFE M 7}E FPms D 11 1 ux 1992 M t\71EI R 1992
CIM
Aulm ` >30 PLC Am= h=o ajM SMS to SBMS 84i1'. W 1~Q11QS F}SRL4Y 6
F0331J6 ]N 31FT ]N 13Y K I1DIIS 1QDSIIS /tLiIM
f~ INIF1~51'
07/~i 92 xiSf ]992 -
9332 205 88 37 114 483
$848,377.47 51.30,631.ftri 5252,332.08 $152,106.70 $11.9,157.56 5194,069.28 $.00
$392,946.06
ARM 1931
916 239 132 33 83 424 0 16
1.755- 14.23% 33.33% 2.631 43.37%- 13.928-
$844,717.32 $142,514.46 $274,747.42 5159,722.49 $98,341.50 $179,391.45 .001
.435- 8.34% 8.14% 4.7 t 34.8 $.00 $3,660.15 $400,1.06
8.14%- .001 1.831
09/]92 1942
243 131 38 97
0 64
7.511- 1.65% .761 .001 14.43% 23.M 343
$0,552.42 5140,755.31 $267,755,51 ,1W,897.78 Saj2835.22 $lr,305.60 .001
2.691- 1.Z51r 2.61#- 1761- 25.651 30.x%- $'O 5M,164.90 5471,818.00
.001 .?8%
Y '42 03m 1992
782 234 130 35 103 279
8.951- 3.851- .771- 5.561- 5.83% 22.94% 0 70
5804.852.40 $11,4,620.34 5281,414.23 V54S.42 $117,059.57 51.24,102.84 •00%
2.201- 12.9%- 4.8E I%- 1.521- 10.641- $.00 $17,700.02 $403,415.22
.001 .401
11/IfyQ2 NIEW 1991
235 35 107
2.761- .85% 81- .00% 253 0 21
5795,825.44 5125,3$.51 5231,445.78 $154,838.07 $W,$
3.74% 10.24- .13 $111,630.95 •001
1.131 01% 1.821 $•00 $9,026.95 $407,8.79
4.481 U.17%- .001 1.0%
RUN DATE. 25-NOV-92 PERDUE BRANDON 6 FIELDER
PAGE 001
Y E A R B Y Y E A R C L I E N T C O M P A R A T I V E
ALL OFFICES FOR ALL ATTORNEYS
,e
BASE TAX BASE TAX NUMBER OF NUMBER OF
sa AMOUNT AS OF AMOUNT AS OF PCT TAXES AS OF TAXES AS OF PCT
YEAR 07/01/92 11/16/92 CHANGE 07/01/92 11/16/92 CHANGE
366 BURLESON INDEPENDENT SCHOOL DISTRICT
" 1980 182.89 182.89 .00 3
1981 772.93 772.93 .00 3 .00
1982 8,469.51 8,469.51 .00 6 6 •00
r 1983 10,055.02 10,055.02 ,00 18 19 .00
1984 13,744.37 13,632.81 81_ 25 25 .00
1985 22,685.79 22,311.78 1.65- 34 33 2.94-
1 a 1986 55,001.70 47,685.73 23.30- 184 179 2.72-
1 1987 97,327.51 69,051.52 8.50- 38278 3268
73 8 373 3..6870-
-
1988 164,395.13 150,277.94 8.59- 3.87-
! 1989 164,663.58 151,262.20 8,14- 494 466 6.61-
1990 231,733.94 195,783.91 15.51- 544 509 6.43-
1991 219,063.94 106,339.20 51.46- 1,36000 3 5645 10 50.38-
15.42-
988,096.31 795,825.44 19.46-
3,8--82 3-o---__-------
035 21.62-
,a
9
l
I
r
RUN DATE: 25-NOV-92 PERDUE
A U T H 0 R I T Y BRANDON 6 FIELDER
J+ C T I
GODLEY I I T Y A N A L Y S PAGE 001
AS OF NDEPENDENT SCHOOL DI V I S
2 STRICT
S'°"RTI 11NG/25/9 NAME:
,
NUMBER OF ENDING NAME: ZZZZZZZZZZZZZZZZZZZZZZZZZ
" ` "'rrr
■aer■r
a.■r.rrrr ACCOUNTS BASE TAX
`"waft '•.■r.......AMOUNT
,OUTSTANDING ACCOUNTS ■aa..a....r.....r.rr...a.aae rr■raa.e■.
BAD ADDRESS
ACCOUNTS 209 100.004
ACCOUNTS IN SUIT
942.12 100.001
ACCOUNTS IN BANKRUPTCY 47 22.491 146,
169.15
'OTHER STATUS ACCOUNTS 14 11.481 16,21 11.001
NO STATUS ACC 7 3.35% 42'3321.43 28.80%
OUNTS
PARTIAL P 43 20.571 13 989.08 9.521
PENALTY 6AY ACCOUNTS 88 42,111 35'4
78.
4 31 24.141
INTEREST 0 001 38,984,15 26.531
0%
68'621.00 4 6 . 7 0 0 1
DOLLAR RANGE NUMBER OF
•rrrr■ a ■.e..ae.■ae PCT OF
:50.00 _ ■..■■arrr.r.C■O■ TOTAL
$100,00 PCT OF
.
$25100.01 - $250.00 AMOUNT
aTlr.ra.■ ....ara..r.■■. H■sra.rr`rr.
50.01 - 34 16,271 TOTAL
e.ra■•■ra..
$500.01 $500.00 71
sl,000.OI _ $1,000.00 43 20:57` 12,095.05 1.071
52,500.01 $
5, 0,00 33 15.79% 15,207,63 8.201
$5,000.01 - $5,00 00.00 17 8.131 23.671.84 10.351
4 ",000,01 _ $10, 000,00 7 3.351 1 26,311.81 16.111
Up-- 2 2 17.911
.961 22x728.16 _ 15.471
- .961 18,056.79 12.291
209 100 001 218.591
146,942.12 100.00%
100-001
YEAR BASE TAX
1981 "••.rr....... PCT NUMBER OF
1982 `•.••......raa 476 TAXES
1983 ,29 PCT
1984 1,238.06 .321 ..sw```am......
984
1985 643.38 .84% 2 .34%
1,993.17 .44% 3 .511
1986 2,796.22 1.361 2 .341
1988 10,484.63 2.23% 8 1,021
1989 29,978.55 7.141 11 1.361
1990 33,634.77 20.401 49 1'871
- 1991 35,169.51 22.891 86 8.331
4-631
,
17,255.79 23.93% 94 2.99%
5.99%
_ _ 18.55% 132 122,451
146,942.12 -100- 195
33.!61
586 100.001
RUV DATE: 25-NOV-92 PERDUE BRANDON S FIELDER
PAGE 001
T A X R 0 L L B Y D E S C E N D I N G T A X A 17 O U ti T
CITY OF VEI.US
FOR ALL TAX YEARS
TAXPAYER
NUM NAME TOTAL
••~rr~~.r..r..r...~~r~r~~~~~r STATUS TAX W/P&1+158 CAUSE M ACTION
vv...... ...var..r .............vvr...rr....r.......a
000143 FRED TURNER S J
000430 HARRIS, VERNON ALTON 34,205 ,180.37 6817 ANS
000503 BILLY C. HELMS S J 3,180.29 4255
000428 GROUNDS, PATRICIA S 1,983.52 4700
000120 REBECCA ANN WHITEHEAD T 1,861.82
000295 LEROY WALL S J 1,015.20 6150
000423 SAVE-WAY FOOD MART S 814.93 5)11 SER
000497 JOHNNIE M. ROBERTS B 506.15 CBP
000207 RICH, JOHN S J 504.09 4401
000378 GUTERREZ, CELESTINO, JR. S 416.49 7020 CBP
001574 14ARTINEZ MANUEL ETUX 416.49 7122
000455 PENNINGTON, W. H. T 377.15
4011434 PEYTON CHARLES D 356.58
002118 JOAN WOODS T 337.47
013818 HAMPTON, RONNIE 324.16
T 305.96
001578 HILL DAVE C 305
000515 HOPNBUCK, CARL .51
000351 HARRIS, VERNON ALTON S 301.68 5908
000112 KEEFER, PAUL A 285.28
'011412 BELL JAMES R ETUX W 278.55
000253 O'NEILL, JAMES R 252.61
'944 CLOWER SHELBY A 246.56
U.4122 RICH, ORES 241.70
010154 WISEMAN, BENNY '4 200.24
000?87 GILREATH, MILTON 175.41
000355 K 6 M SERVICE STATION 163.01
002124 PRATHER, JEFF D 138.83
004041 ROTEN BILLY C W 131.83
011397 SHAW RAY J D 129.73
002138 MAHANAY, J.D. ESTATE 128.25
000132 BAKER, TOI D. W 100.12
004388 MOORE E L ESTATE A 95.36
001002 HILL JOHNNIE M ROBERTS 82'22
)11415 ODIE TOM EST S 75.10
20
J01575 GUTIERREZ, STEVE R,
S 62.71
004395 WINN W E MRS 55.71 6746
)04387 METHODIST CHURCH A 41.12
:11395 HERNANDEZ GERONIMO JR 38.18
0.'4783 VENUS FEED Co 30.54
000528 VEU STV. A 24.43
22.22
BRAND TOTAL 40 ACCOUNTS - 20,259.34
I
y
09.2242
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YR MEE UX ML92 CCP-92 ICV-92 =-92 SN-93 FF&93
106 xnm, LSII2a0 F. 704 EM IIZM= Sam [Tr=
P. 0. 976 361 MWX HUEIIY - 79 FILE SB+iL31
Tda 7x 7FaO- 000 !
SIPOIS: D
9xBOQ1D0
67 26.51 44.54 44.80 45.07 45.33 45.60 45.*
6.66 6.72 6.76 6.80 6.64 6.86 LEANT. FM
26.51 51.22 51.52 51.83 52)3 52.44 52.74 SM:PL
26.51 51.22 51.52 51.83 52.13 52.44 52.74 70134, '
i
331 M12D, W= C. 704 WN IITEM= SHQ, LFLSIFaIDLST SAT 92-375 FZM 07/%92
Fa ar 2, mx 216 167.50 faTs, I 623, E. it ms apm
FFaM4M3C 7x 7A91-M La= IN awsN O=, mm.
1 Sz=. 5
235 OIi23064
90 350.32 462.42 466.93 469.43 472.93 476.44 479.94
91 127.66 153.19 154.47 L%.75 157.02 L%.30 19,58
92.34 93.06 93.77 94.49 95.22 95.93 ]51 14T. FUS
477.98 707.95 713.46 718.95 724.44 729.96 735.45 S>3>=
03MY Emrx>aT31>15!>aC1'
91 359.41 431.29 434.69 438.4b 442.07 445.67 449.26
64.69 65.23 65.71 66.31 66.85 67.39151147. EM
359.41 495.90 500.12 504.25 SOS. 33 SV-52 516.65 aBEV ,
837.39 1,203.93 1,213.% 1,223.20 1,232.82 1,242.49 1,252.10 IM
335 AMM, M 704 BM 31CMCM S2M naM;M:4r M 89-3698 nm MWA9 = TMIT
FOJIE 4, OTTUMOTaD EMIL HUMY - MIM ME ou
Rom D{ 750)0-0000
SIFaIS: 5
2M 6678011001001
85 332.33 5%.19 601.52 604.84 608.16 611.49 614.61
87 488.67 820.97 8z.65 830.74 835.63 840.51 845.40
00000066 88 358.47 559.21 562.80 566.38 569.97 573.55 571.14
00000.,3 89 a.30 416.59 419.49 422.38 425.27 428.16 431.06
90 299.85 343.00 345.60 348.20 350.60 353.40 3%.93
91 65.,34 102.43 103.38 104.24 105.03 105.95 106.80
425.08 428.80 431.53 434.23 436.95 439.681%Arr. M5
1,44.06 3,266.57 3,787.44 3,306.31 3,329.15 3,350.01 3,370.68 SBIWL
aarmr BID= FAS1Fm
91 240.54 788.65 791.05 293.46 295.86 29017 300.66
43.30 43.66 44.02 44.38 44.74 45.10 151107. FEES
240.54 331.95 334.71 337.48 340.74 343.M 345.78 aEWL
2,054.60 3,%8.52 3,622.15 3,645.79 3,669.39 3,693.0` 3,716.66'Ii X
347 rtzM FCMD 70,1 MV =R= 9nm I=SimCT
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10.05 1.61 1.62 11.84 1.85 12.46 12.56
13.61 13.98 14.10 14.11 141.97
.33 1.86 15%,aT. m
14.44 9.FUMq,
91 28.28 33.94 mm Fa.L7m Lam
34.12 34.50 34.78
5.09 5.13 5.18 35.07 35.35
5.Z2
28.26 39.03 39.35 69 5.26 5.30151 paT. FM
38.33 52.90 53.33 40.00 47.30 40.65 smmA ,
53.78 5411 54.66 53.03 ~L--
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90 1x41.45 43a5.65 aww M.12 9.00 49.37 x49.74 .60 334.87 336.5E 339.02
247.45 315.65 378.49 381.34 35011 3050.48 7.85 50.85151 xr. EM
247.4 35.65 378.43 381.34 384.18 367.03 33399.67 ajmjpL
9.87 'JAI,
118 Am, Flits Mi my rcuu F c 9CEJ7CL LMMW
1 H Lvm, W. 13. .53 Als, mmga C1D"a3, FL B. 9fJ OMD
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sir IX 75038-0000
OOOpOf)00 89 193106303330
OOOO M 89 11.61 17.09 17.21 17.33 17.45 17.5 17.69
00000000 9 12.57 16.39 16.72 16.84 16.97 17.10 17.22
91 3.96 4.75 4.79 4.83 4.87
5.76 5.61 4.61 4.95
28.40 44.19 44.53 5.85 5.90 5.95 44 -.9715114,. no
.85 45.19 45.53 45.8,3 smM~L
c°°°°°6° 91 11.15 23.38 cam
Blum E 3.50 13.49 11.15 15.39 15.551 155.64 2.06 2.07 .94
FM
39.55 59.58 .64 60.04 LS.r 15.90
60.49 64.96 16.0.3 s ,J
61.41 61.86 =L
174 Jar M Fig M R MI EDN II~ SaM IIISU=
P 0 EIX 415
m TC r ~ A T 1'C X.79
9.36 11.23 0 094400102
91 11.33 11.42
1.68 1.70 1.71 11.51 11.61 11.70
9.36 12.91 A> 13.03 13.13 1C .17 131.73 1.74 1.76 M PaT.
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91 .78 199 049400701
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36.35 A P~ 36.5 .17 37.25 37.56 37.67 813 L FEES A-qg i
91 2.20 im 095100101
2.64 2 2.68
2.20 3.4 .440 0 .40 2:Qi 2.T' 2.15
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f 38.69 53.38 53:~ 54:25 543.12 2 517 3.1.4115% ;UT. 6 sl3on
90 Mum am 56.17 55.62 r[,
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86 isi.70 86 4si.70 327.05 378.89 330.69 3a.37 363.23 3 .08
91 130.73 549.14 548.27 S52.39 334.33 335 QS
L%.68 L`8.18 159.49 555.51 550.63 564.-6
909.98 207.°8 208.95 210.31 x.80 162.u 16.41
1,59:.47 1,601.95 11612.40 1,622.88 1,633:N E14.4D EM
91 287.39 344.67 Tim 3g7~74 J M MR=
62
51.73 52.16 52.59353
' 356.35 359.24
237.E 396.6o 349.90 403.21 53.02 53.46
1,197.37 1,9m.07 406.51 409.81 53.89151147. Em
2,001.85 2,015.61 2,029.39 2.043.15 2,013413.13 sqm=L
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230
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X0002236 67 2.54 417.56 0.03 422.52 425.00 427.4~
ooom2z sa 246.45 3M.49 (90009189 2'9.12 T73.13
27 3.75 2 389.41 394.3 4c6.97 391.87
1, 351.43 177.40 378178.51.32 380.91 179.67 180.60 X6.80
154.12 1
386.43
754.12 1,351.43 1,360.09 1,368.79 1,37i.45 1,386.13 /IM~~ LSA ~ EM
1,30.09 1
1,368.79 1,377.45 1, 386.li 1,394.79 7<IDY
All F~xrr ItS MSZ[UC JP 3DT 77U FM MJ5
LAW OFFICES OF
McCreary, V selka, Bragg R Allen, P.C.
R O. Cix 26990 207 W. hickory St., t1101
Auslinjc.Nm 78755-0990 Denton, Texas 76201
512/+1514000 8171387.775
In association with the
LACY OFFICES OF
Hayes, Coffey & Berry, P.C.
101 South Locu9t, Suite 601
Denton, Texas 76201
8171387.3518
,
PROPOSAL FOR
THE COLLECTION OF
DELINQUENT PROPERTY TAXES
SERVICES AVAILABLE TO
CITY OF DENTON'
R.F.P. NUMBER ] 503
May 11, 1993
MCCREARY, VESELKA, BRAGG & ALLEN, P.C.
ATTORNEYS AT LAW
P o Box 26990
AUSTIN, TEXAS 787550990
FAX (512) 151 1!191
May 11, 1993
Mr. Harlan L. Jefferson, Director of Treasury Operations
City of Denton
215 E, McKbutey Street
Denton, Texas 76201
Re: Request for Proposal Fei "ervices of Dolutquent Tax Attorney: RFP Number 1503
Dear Mr, Jefferson,
Thank you for your Request for Proposal For Services of Delinquent Tax Attomey, Pursuant to your
request, McCreary, Veselka, Bragg & Allen, P.C., is pleased to submit this Proposal and Proposed
Contract to the City ofDenton,jointlywith theDenton FirmofMayes, Coffey, andBerry, P,C. Webelleve
that the joining of the two law finns for the purpose of representing the City of Denton will provide the
liigllest quality of service to your City. The strong local preserve of the Hayes firm coupled with the
dcl inqueni tax collect ion experience of the McCrearyfirm will enable the city to collect taxes In an efficient
and productive inanner.
i
The uifonnation following this letter is a detailed description of our deluiquent property tax collection
progrwn, The McCreary Firm his represented taxing jurisdictions in Denton County since 1979, The
program presented in US Proposal Is fully implemented for our clients and has proven to be very
successful. Accordingly, we are in the position of being able to extend our delinquent tax collection
program to the City of Denton blunediately upon receipt of notification of acceptance.
Your letter outlined the criteria that will be used in evaluating proposals. An index follows which shows
the pages where each selection criterion is discussed. Our proposal affurnatively addresses all selection
criteria. It is our hitentlon to affirmatively respond to all requirements in the RFP. In the event there is
any question about any aspect of this proposal it shall be construed to agree with the RFP,
We would consider it a privilege to represent the City of Denton and look forward to the working with
y au.
Sincerely, 00,
7Gilbert T, Bragg Richard D. Hayes, President
MCCREARY, VESELKA, BRAG & ALLEN, P.C. HAYES, COFFEY & BERRY, P.C.
Denton Branch Office 101 South Locust, Suite 601
Denton, Texas 76201
•u1111 Alaml 01WOM _
lmk'vN 11111 tow" W*w 6 I IOumTO 111 YF1100l. &A 1114A w1y
sawM $.,No 9JN 111 &AW n Woxi N 1l 111 I'~I~M
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111q up .l,n wp,fl MI-111
1e1>,7xrne
' v
TABLE OF CONTENTS
(Page Number)
t
I. EXECUTIVE SUNINIARY 6
A. Response to Invitation for Proposal 9
11. DELINQUENT TAX COLLECTION PROGRAM
A. Collection Notices and Letters 11
B. Address and Title Research 13
C. Litigation 17
D. Filing and Prosecuting Lawsuits to Judgment 18
E. Collection of Judgments by Execution and Sa, . 20
F Bankruptcy collections and federal agencies 21
G. Tax Warrants 23
If. Installment Payment Agreements 25
1. Communications and Reporting Capabilities 26
J. Data Processing Support 33
K. Data Processing Resources 36
III. PROFILE OF THE LAW FIRM
A. History of the Finn 40
B. Sutmnary of Appellate Court Decisions 41
C. Profile of Partners; MVBA 43
D. Profile of the Attomeys and Key Staff: MVBA 45
E. Profile of Partners: HCB 49
F. Profile of the Attorneys and Key Staff; HCB 50
IV. CLIENT REFERENCES
A. Client References: hIVBA 52 '
B. Client References: HCB 55
McCreary, Vesetka, Bragg dr Allen
in association wlrh
Hayes, Coffey & Berry, P.C.
(Page Number)
i
V. RELATED ISSUES I
1
A. Compensation of the Law Finn 56
B. Public Relations 57
C. Interventions 57
D. Disposition of Existing Litigation 58
E. Representation in all Properly Tax Matters .58
F. Equal Employment Opportunity 59
0. Financial Strength 60
r
'E VI. EXHIBITS
L Mild Detail Letter
2. Harsh Detail Letter
3. Demand Letter
4. New Owner Letter
5. Lienliolder Letter
6. Defaulted Payout Letter
7. Five Year Notification Letter
8. Petition and Citation
9. Notice of Trial Letter
10. Judgment and Abstract of Judgment
11. Notice of Intent to Sell Property Letter
12. Viewpoint
0. Bulletin - March 25, 1993
14. Bulletin - April 14, 1993
15. Complete Client List
16. Proposed Contract
• A1cCreary, Veselks, Bragg A Allen
In assorladon with
Hayes, Cefrey & berry, P.C.
City of Denton
Request for Proposal
Page Chart
RFP Item Proposal Page
I
RFP Cover Letter:
1) A statement of Firms experience; clients serviced 6-8,52.55, Exhibit 15
2) Resumes of key managerial staff 7,43-51
3) Proposed scope of services 6-26
4) Suggested performance critefla 56
5) Proposed fees for services 56
Law Firm will:
I ) Receive the delinquent tax rolls Exhibit 16
2) Substitute as attorney of record 58
3) Provide 4 research 18
4) Submit monthly reports Exhibit 16
5) Provide a quarterly report Exhibit 16
6) He suits on delinquent taxpayers Exhibit 16
7) Intervene in delinquent tax suits 57, Exhibit 16
8) Consult with the City of Denton's attorneys in bankruptcy
proceedings, 21.22
McCreary, Veselka, Bragg hk Allen
fn arrochilon with
Hayes. Coffey h Berry, P.C.
3
9) File suits for collection of delinquent taxes pursuant
to Secs, 33.41 and 33.42, Propetty Tax Code, or file
on judicial forecloseses 17, Exhibit 16
10) Follow through on all suits, installment agreements 17-20, 25
11) Provide legal support and research as needed 17-20, 25
F 12) Only collect those groups or individual accounts which
the City of Denton detemiites h, its descretion are to be
t collected by the fnn 17,26
13) Provide all supplies and postage 11
14) Obtain the ownership records of all property on which
a suit is filed 14
15) Provide total and complete delinquent tax collection Exhibit 16
16) Propose a method of assuring that the amount of
delinquent taxes collected will be equivalent to the
amount projected to be collected by in-house staff 56
17) Propose a method of payment Exhibit 16
LJ 18) Fees pursuant to Sea 33.07 of Property Tax Code 56
19) Provide infommtion concerning minority invohinent 59
20) Coordinate the (ding of all tax suits with the City Attorney
and the City Tax Department 26
21) Not listed in the RFP
22) Provide for copies of all tax files to be turned over to the
City Attorney when the contract is tenninated 56
23) Tax Warrants 23
24) Maintain coflection rate of sixty (60%) percent of
delinquent tax base 56
McCreary, Veselka, Bragg h Allen
in assoclallon 00h
Hayes, Coffey k Berry, P.C.
4
w
25) Delinquent mobile home and business persona) property accounts 56
Criteria for selecting Firm-
An established law Finn whose principal business is the
collection of delinquent taxes 6-8
2) Finn must have an established history of expertise in the
delinquent tax collection field and provide a complete
list of the past and current Te"s clients
6-8,52-55, Exhibit 15
3) Law fine has to how capability to staff an operation
sufficient to process up to 25,000 delinquent accounts annually 33-39
4) Fir t will have, or will establish, a Denton office by date
delinquent accounts are turned over and will provide a
1-800 number, or other toll-free service, to main office
if necessary. 6-8
5) The cost of the firms services will be considered, but
will not be the sole criterion for seiection. 56
- - McCreary. Veselka, (Bragg & Allen - in association Oth
Hayes, Coffey do Perry, P.C.
5
1
I. EXECUTIVE SUMMARY
The Low Finn of AkCrearn', Veselka, Bragg &Allen, P.C„joins with the Law Finn of Hays,Coffe y
& Derry, P.C. in presenting this proposal for the collection of delinquent property taxes to the City
of Denton. The success of any effective delinquent tax collection program is pred;cated on the
selection of a law fine which has an in-depth knowledge of property taxation, understands the
npplicntion of law as related to property taxation, has the experience aid professional staff to
innplei nent an aggressive delinquent tax collection progran and provides personal service to the
t taxing units, We believe that the joining of the two Iaw fines for the purpose of represent ing the City
of Denton will provide the highest quality of service to the City of Denton.
AkCreary, Veselka, Bragg & Allen (Aft DA) has represented taxing authorities in Texas in the
collection of delinquent property taxes andcurrently represents over three hundred fifty taxing units,
We have represented taxingjurisdictions hi Denton County shnce 1919. Our Denton County clients
aid die period of tune we have represented them are as follows:
Coonly of Denton since 1985
City of Argyle since 1989
Argyle Independent School District since 1979
' City of Aubrey since 1986
Aubrey Independent School District since 1979
Corinth Municipal Utility District qt since 1988
Krum Independent School District since 1989
City of Not Point since 1993
Pilot Point Independent School District since 1986
City of Ponder since 1984
Ponder Independent School District since 1982
City of Sanger since 1983
Sanger Independent School District since 1980
We are aware of the professional and responsible approach that is necessary to establish and maintain
a successful collection program, During ANDA's years of representing taxing units In delinquent
property tax collections, we have efficiently and cost effectively collected the delinquent taxes due
uorclients. Moreover, we have achieved the goal of maximizing collections using a firm, but fair
'
approach in dealing with taxpayers.
1 he Denton office of M V13A is located at 207 West Hickory, Suite 101, Denton, Texas 76201. We
also have an office In the Denton County Tax Office.
McCreary, Veselks, Bragg & Allen
In dssortarlon N lrh
Hayes, Cotrey & Berry, P.C.
6
1
77te names and job description of the Denton office staff are listed below;
Cilbco I T, Bragg Is the managing Attorney for the program, I le has been a memtxr
of the Finn since 1978 and has been responsible for the Finn's clients bn Denton
County since 1985.
r Donna Elkins is a Legal Assistant specializing in title rose arch, She was an abstractor
for Lawyers Title of Denton from 1984.1987. She joined our staff In 1987.
Kimberly Sonders Is a Legal Assistant special izing in title research. Shejoined our
staff in 1989,
Karcn Kubirek provides clerical support. She coordinates our program with the
Denton County Tax Office and the office of the Denton County District Clerk. She
is permanently assigned to the Denton County Tax Off ice, She joined our staff in
1991.
'title research is also conducted by independent contractors hired by our firm,
The Denton staff is expanded from time to time as is necessary to maintain the excellent level of
service to our clients In Denton County, In the event additional staff is hired, we will comply with
our custom of equal opportunity employment.
Rrw Asnrmrong, the Firm's appraisal district litigation expert, will provide legal opinions and
represent the City of Denton In all property tax matters relating to the Denton Central Appraisal
District. He has handled numerous appraisal district cases.
Afichael Reed wdl represent the City of Denton in all bankruptcy proceedings. Mr. Reed's
responsibilities will Include every phase of bankruptcy law and procedures including supervising
clnIms filing, reviewing plans of reorganization, negotiating with debtors, trustees and competing
creditors, attending hearings in the Dankruptcy Court and aggressively litigating the legal position
of the City.
McCreary, Ve.tetks, Bragg h Allen In association with
Ilayes, Coffey A Berry, P,C.
7
The law fimt of Ila}es, Coffey & Berry, P.C. (11CB), is located at 101 S. Locust, Suite 601, Denton,
Te.tns 76201. Dan C. Coffey is the partner in charge of personnel. Byron R. Berry is the partner in
charge of accounting, Richard D. Hayes is the partner in charge of litigation, and Jeffrey lVilhoir is
theofficemanager. Lit lgationact ivitiesin the area of collect ionwillbe hand] edby Sranle)D.Ccurbo,
fonneratinmey for Young County, Dan C. Coffey and Richard D. Hayes. Byron R. Berry is in charge
of hmullIng bankrupty proceedings for the firm's clients.
llases. Coffey & Berry, P.C. has expertise In representing local goverrunemal entities. HCD has
provided legal representation to the following:
County of Young, Texas
City of Corinth, Texas
*City of Argyle, Texas
*City of Aubrey, Texas
City of Graham, Texas
City of Little Elm, Texas
City of Flower Mound, Texas
City of E1 Paso, Texas
City of Garland, Texas
City of Brownsville, Texas
City of Harlingen, Texas
City of McAllen, Texas
City of Watauga, Texas
City of Haltom City, Texas
City of League City, Texas
*City of Not Point, Texas
*City of Hickory Creek, Texas
"Denton Independent School District
*Sanger Independent School District
*Mental Health, Mental Retardation of Denton County
(*currtntly legal counsel)
The strong local presence of11CB in Denton coupled with the delinquent tax collection experience
of AIVBA will enable the City of Denton to enhance its delinquent tax collections.
AlcCreary, Veselks, Bragg A Allen -
In assoelallan %-11h
Hayes, Coffey dr Berry, P.C.
g
{
i
A. RESPONSE TO INVITA'T'ION FOR PROPOSAL
The information contained in this proposal is a detailed description of our delinquent property tax
collection program which has been in place in Denton County sunce since 1979, Upon our selection
as your attorney, we will hrunediately extend these proceedures to collect the delinquent taxes owed
to the City.
ourphilosophyis predicated on the premise that every taxpayer should andwill be treatedasa human
behmg. Every call andletter will be answered, All the help and assistance, short of legal advice, will
he provided to the taxpayer. Collections are the major goal of our efforts, but good relations with
your taxpayers are essential to enhancing your collections.
Following is a chart which depicts our Delinquent Tax Collection procedures.
McCreary. Veselka, Bragg ~ Allen
Of arsorlaHort N,lrh
Ilayel, Coffey & Berry, P,C.
9
i
Collection Procedures
Phase I Phase II Phase III
Taxpayer Not€ficat€on Tltie Research Litigation
Mail Delinquent Title and File
Tax Notices Ownership
Research Tax Suit
Address New Owner
Research Letter Judgment
Demand Lienholder Sheriffs Sale
Letter Letter of Property
Taxes Taxes Taxes
Paid Paid Paid
McCreary, Veselka, Bragg & Allen, P.C.
in association with
Hayes, Coffey & Berry, P.C.
IL DELINQUENT TAY COLLECTION PROGRAM
A. COLLECTION NOTICES AND LETTERS
TAXPAYER NOTIFICATION
McCicay, Veseika, Bragg & Allen utilizes several types of notices and letters in the process of
collect big delinquent property taxes, M VBA's ability Co produce both large and specialized mailings
as welt as manage the delinquent tax data is unsurpassed by any other firm. The mailing of notices
and letters follows a proposed work calendar which is developed in consultation with the tax office.
All of ournotices and Iettersprovidethe delinquent properly owner with adescriptionoftheproperty,
the tan years delinquent, the amount of tax, penalties and interest due, and the tax office address to
which payments should be directed. MVBA mails notices of delinquency to every delinquent
property owner at least three runes each year. Our experience has proven that through the use of this
series of notices and letters to delinquent property owners, substantial payments will be made prior
to the institution of legal proceedings. We also mail notices to selected accounts within targeted
parameters.
INITIAL NOTICES (See Exhibits 1 and 2)
NJVBA's contact with the delinquent property owner normally begins with a polite, but poutled,
not ice of delbtque,ttproperly taxes, This letter Is sent to all delinquent property owners except those
in bankru t ,r that have been Identified by the tax office as a legitimate hardship case. These
initial n es provide a reminder to the delinquent property owners of the tax liability and gives the
nr . ay owners an opportunity to contact us or the tax office about the matter. Specific language
may be inserted in these notices to empliasize a deadline dale for payment or give some special
instructions.
DEMAND NOTICES (See Exhibit 3)
Our second letter is a demand notice. This letter is mailed en masse, following the initial notices of
delinquency or may be mailed in batches prior to the filing of lawsuits. The demand letter advises
die del'utquenl property owner that a lawsuit will be filed for foreclosure of the tax lien and personal
liability against the property owner unless payment is made immediately.
NfcCreary, Vesellce, Bragg & Allen
In asroclalion M-lfh
118yes, Cofrey & Berry, P.C.
]f
i
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NE'W OWNER LE'l"FE'RS (See Exhibit 4)
In vdcUtion to our htitia] notices of delinquency and demand notices, N1VBA has a nui! ber of other
letters to respond to specific circumstances which frequently arise. Among these are our "New
Owner" letters. Research of the title of real property sontet5ttes reveals a new owner of delinquent
real property. This letter informs the new owner of the delinquent tax on his or her property and that
he or she is responsible for payment of the tax.
LIENIIOLDER NOTICES (See Exhibit 5)
i
E When our title research indicates that an individual, bank, savings association, the State or Federal
government has a recorded lien on a delinquent property, we send a "l ienholder lette r" to such person
ui entity, Our letter notifies the liadwlder that the property on which they have alien has delinquent
taxes due. Further, should it become necessary to file suit to foreclose the tax lien on the property,
they will be included as a defendant in the tax suit and their lien will be extinguished by the
foreclusure. This extra step of title research and lienholder notification prior to the filing of a
delinquent tax suit usually results in prompt payment of the delinquent taxes.
DEFAULTED PAYOUT NOTICES (See Exhibit 6)
T1rere are delinquent property owners who want to pay theirtaxes but simply do nut have the funds
to do so. Maury delinquent property owners who find themselves in this circumstance enter into
payout agreements with the tax office. While most property owners honor their payout agreement,
some do not. Upon default by the delinquent property owner on apayout agreement, MVBA sends
a defaulted payout notice. This notice gives the delinquent property owner an opportunity to
inunediately pay the balance due before a lawsuit is filed,
17VF. YEAR NOTICES (See Exhibit 7)
MVBA mails notices required under Section 33.04(6) of the Property Tax Code. This section
pruv ides shut a notice of delinquency be mailed to each person whose name appe ars on the delinquent
tax roll In each year divisible by five.
Our notices and letters always result in numerous phone calls from delinquent property owners and
liniltulders. These telephone calls are initially answered by NIVI:A staff members who are trained
to tutswer most common questions and concerns. Our attorneys are available to speak with any
property owner or lienholder who has a question beyond the experience or knowledge level of our
staff members or legal assistants.
McCreary, Veselka, Bragg & Allen -
lei assoefallon 44th
Ilayee, Colley do Berry, P.C.
12
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D. ADDRESS AND TITLE RESEARCH
ADDRESS RESEARCH
Tax accounts may he delinquent because the address of the property owner on the tax roll is not
current. A successful delinquent tax collection program requires an exhaustive address research
effort. Many delinquent accounts are collected when proper attention is given to finding the correct
address of a property owner,
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Accounts with incorrect addresses are identified through designations presently on the delinquent
tax roll, mail which is returned as "undeliverable" by the United States Postal Service to our office,
ur citations which are unable to be delivered by officers serving process at a delinquent tax suit.
When we discover an account with an uicorreci address, that account is identified on ourcomputer
record so that special attention wilI be given to that account.
Names and addresses on tax accounts coded as incorrect are compared to more recent data files, and
the accounts are updated where different hnfomnation is on the updated record. Alpha-cross indexes
of data files are produced to identify discrepancies between addresses given for an owner ofmulliple
properties.
If this procedure does not result in locating a correct address, the Firm uses the following sources
of information:
1) Address correction request front the United States Postal Service
2) Comparison with the most recent Appraisal District roll
3) Comparison with tax rolls of congruent taxing units
4) Telephone directory for the area
3) Privately compiled city directory
6) City utility records
7) Voter registration records
8) Criss-cross directory
9) Credit bureau automated file search
10) County Clerk's records (deed records, etc.)
11) On-site investigation of the property, including conversations with occupants of the
property and adjoining land owners
Additionally, the following sources arc used to obtain the correct addresses for owners orprincipals
of delinquent business accounts:
1) Comptroller of Public Accounts
2) Secretary of State
3) County Clerk's Records for Financing Statements and Assumed Names
- McCreary, Veselko, Bragg & Allen
fn asroclatlon 411h Mayes, Coffey & Berry, P,C
13
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71rrougli the use of these sources of information, MVDA
of de is very successful in locating the correct
addresses linquent property owners and obtaining payment of these taxes due.
TITLE RESEARCH
A1VDA conducts an exhaustive examination
lawsuits, Much confusion of the title on all delinquent real propcrtyprior Io filing
and etnbarrassment results when lawsuits Drily, the
in ealchloonide e thentifytaxroll orwithincormpletetitle are filed using
information. Weperformall
owners and lieuholders on e ac ofthenecessary title
lawsuit,
research t the h delniquent realpropeny account selected for
Rent property accounts are researched through courthouse records or title companies for persons who
tile a recorded legal uttetest. Numerous questions are resolved from the uifonnationoblairted from
he examination of deeds, deeds of trust, federal and state tax liens, mechanics liens, probate records,
financing statements and assumed names
fides. On-site investigation and inquiry
neighboring property to ascertain the whereabouts of the record owners is made by Finn
as ieyuired. of the owners of
personnel
We supplement the above procedure with telephone contact to taxpayers to establish ownership of
business personal property and real property where no deed is of record. Tele h ,
the accuracy of addresses and convey to the taxpayer that his ro n
procedures. P e calls also verify
p Pe y is subject to collection
Should our title research indicate that persons other than those listed on the tax roll have an Interest
ur the property, as in the case of lienholders, new owners, and joint ownership of property as a result
of teuuncy it' corntmon, heirship, or a partnership, and who may not have received prior notification
from either our Finn or the tat office, an additional notification is sent to those persons informing
them of the delinquency and need for prompt payment of taxes before any delinquent tax suit is filed.
OIL Rt CAS DELINQUENCIES
The Firm has personnel who were oil and gas "Landmen" for I I and 12 years respectively.
17'ese years of field experience provides them with expertise in the area of mineral title research,
as well as art in-depth knowledge of Division Orders, Railroad Commission files and other
industry resources,
Title research is perforated on both working interest and royahy interest accounts. Information
acquired through title research and correspondence with mineral owners, operators and purchon
cts results in collccliOn of mineral accounts listed as "unknown" on the lax roll, as well as ac-
counts with bad addresses.
HfcCreary, VO.Ielkn, Bragg & Allen -
In association nth
Ilaye.i, CofTey & Derry, P.C.
14
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Our title research also identifies owners who were not previously listed on the tax roll or on the
division order, due to errors by the mineral appraisers or changes in ownership. Through our
title arui address research, accounts that are delinquent and otherwise uncoilectable are now
bt utgbig in additional revenues. In addition, title work on mineral accounts that show the op~ra-
tor to be bankrupt reveal the investors who are responsible for a pro rota share of the taxes. Our
letters to those owners bring in revenue once thought uncollectable due to the bankntptcy of the
olxrntor.
r
For those accounts that are not paid as a result of letters, suit is filed which will lead to foreclo.
sure of the tax lien, personal judgment or stile of the mineral interest.
In addition to demand letters and new owner letters, our mineral specialists research accounts
wilt incorrect owners or owners with no address and often find that the assessed owner no
longer owns the interest. Usually these interests have been sold to man
we split the mineral b1terest into several smaller interests and recalculate the taxes for each new
o
uwner. Although these interests can be very small and this research can be quite extensive, out
efforts have proven to be very successful.
h1VDA is the only law firm in the state wluch conducts full research on oil and gas leases. This
amount of research is necessary not only to locate current owners, but also to successfully
foreclose the tax lien on mineral properties.
McCreary. Veselka,Isragg & Allen
in association Wth
liayes, Coffey & Derry, P.C.
15
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DELINQUENT'FAX COLLECTION UNIFIABLE fI
I
Fropertr Ts•ne Wben ASt1411
All Day I Delinquent Tape Received by b1VBA
All Day 5 First Delinquent Notice Mailed
All Day 25 Deadline Date on Notices, Payments Checked
All Day 27 Updated Delinquent Tape Received by MVBA
All Day 28 Accounts Reviewed and Selwed rot
Possible Lawsuit
Real Days 29-35 Title and Address Research on Accounts
for Possible Suit
Personal Days 29.35 Ownership and Address Research on
Accounts Selected for Possible Suit
All Day 36 Demand Letters Mailed
Real Day 36 Llenholder and New Owner Letters Mailed
on Selected Accounts
All Day 46 Deadline Dale on Demand and
Lfenholder Letters
All Day 48 Lawsuits Prepared on First Group
of Selected Accounts
Personal Day 48 Tax Warrants Begin
All Day 50 Lawsuits Filed on the Selected Accounts
All Day 51 Second Group of Accounts Selected for
Possible Lawsuit,
Process same as for First Group of Accounts
All Day 80 Examination of Service of Citations
in First Lawsuits '
All Day 100 Judgments Obtained on First Lawsuits
All Day 130 First Judgments necome Final
Real Day 150 First Tax Sale
I'
McCreary, Veselka, Bragg & Allen
In assoriarlen w-ith
Ilayes, Curfey & Berry, P.C.
16
C. LITIGATION
It is necessary to file lawsuits against those delinquent property owners who do not respond to our
notices of delinquency. MVDA talcs the initiative to identify delinquent properly owners for
lawsuits, consults Alidr the client and/or taT office, files lawsuits, and pursues the Iawsit its to payment
orjudgment and sale. While NI regularly consuh with the tax office and respond to the suggestions
of our clients, NIVBA does not wait for curclients to tell us upon which del inquent property owners
to file lawsuits. 1I files lawsuits regularly and continuously each month. The following is a
description of our standard litigation process. However, we adapt our process to meet our clients'
desires and policies.
SELEcTiON OF ACCOUNTS FOR LAWSUITS
NfVDA uses specially-designed computer programs to sort the accounts on the delinquent tax roll
by various characteristics such as the amount due and the number of tax years delinquent.
Accordingly,we file lawsuitson tax accounts with large amounts clue andonthose taxaccounts where
the amount is smaller but where a number of years are delinquent. This provides a representative
cross section of the property owners on the delinquent tax roil and avoids undue concentration on
it group of properly owners or a specific area of the county. We carefully identify those property
owners who have legitimate economic or medical hardships or those who have filed over age 65 tax
deferrals. However, MVBA scrupulously avoids any other discriminatory criteria in selecting
accounts far lawsuit.
CONSOLIDA'T'ION OF TAX ACCOUNTS UNDER COMMON OWNERSHIP 1
The policy of WBA is to file a single lawsuit encompasshtg all the delinquent properties, both real
and personal, with common ownership. This is accomplished by use of an alpha-cross index
computerprogran which identifies all accounts on the delinquent tat roll under the same name, We
also inquire of%het.axofficetoidentify name variations or the bu siness names of adelinqueut property
owner. Combining all the delinquent accounts of a properly owner in a single lawsuit makes it easier
to collect the total tax liability of the property owner, reduces the amount of court costs charged to
the del inquent property owner, and eliminates confusion and duplication of efforts which can result
if multiple suits are filed against the same person,
PERSONAL PROPERTY
As both an additional cost savings and reventae enhancement to the taxing units, the Finn begins work
(in the latest year's personal property delinquencies on March 1 instead of July 1,
McCreary, Veselka, nragg h Allen - -
In arsorlallon x hh
Hayes, Coffer & Berry, P.C.
17
D. HLING AND PROSECUTING LAWSUITS TO JUDGMENT
After the account selection process, title ail address research is perfonned oil all parties to the
lawsuit. Upon completion of this researuli, the MVBA computer system combines the delinquent
tax roll data on the tax amounts, the tax vears doe, and the description of the property taxed with our
i csem ch in formation on title to the props rty and the addresses of the property owners and I iendnolders.
We generate an Original Petition and a Citation (see Exhibit 8). The Original Petition is filed in the
CVUn, and the District Clerk iss,ic, the citations we prepare to each defendant.
OBTAINING SERVICE 0. CITATION ON THE DEFENDANTS
Each defendant property owner and lienholder in a lawsuit must be served with citation prior to
sell ing the case for trial tutdjudgment. Within sixty clays from the date a citation is issued, bIVBA
examines the Court's file for the sheriffs return of the citation indicating that a defendant has been
served or, in the altemative, that the defendant could not be located at the address given on the citation.
If there is not a sheriffs return of the citation of the initial examination, we will review the Court's
file ngnin every thirty days until the sheriffs rerum is filed, If a citation is not returned by the sheriff
within sixty to seventy-five days of issuance of the citation, we make btquiry of the sheriffs
department as to the status of the service of citation or any questions that may have arisen.
If the sheriff is unable w locate a de fendant at the address given on the citation, we begot aninunediate
search for a new address. A detailed discussion of address research is included In Section B. If a
new address Is identified, anew citation is issued. If the defendant cannot be located after adiligent
search, a citation by publication will be issued on the defendant.
DEALING WITH DEFENDANT PROPERTY OWNERS
Many defendant property owners will pay after service of citation. We communicate with [lie
defendants or their attorneys to arrange the payment of the taxes and court costs and the dismissal
of the lawsuit. Other defenda,rproperty owners may wish to sign an installment payment agreement.
if the tax office approves of the payment agreement, we closely monitor the defendant's compl lance
with the agreed-upon payment schedule. In some cases, we will obtain an agreed judgment along
with a payment agreement wherein we agree not to execute on the judgment provided the defendant
keeps the payout agreement. A detailed discussion of installment payment agreements is included
in Section G
McCreary, l'e.eelka, Ilragg & Allen = -
In association wfrh -
Iiayes, Coffey & Berry, P.C.
18
SUIT TRACKING SYSTEM
Vie process of keeping numerous lawsuits flowing through the court system requires a computerized
suit tracking system. McCreary, Veselka, Bragg & Allen maintains a sophisticated automated suit
tracking system providing the following utfornmtion on each pending suit:
*Cause Number
*Style of Case
*Filbig Date
*Defendauts' Names
*Lienholdess' and other parties' names
*Property Description
"Service of Citation and Date
*Answers by Opposing Attorneys
*Motions or Discovery filed by any party to the suit
*htstallment Payment Agreement
*Court Cost Payments
*Dismissal Date
*Judgment Date
*Abstract of Judgment
*Tax Sale
*Bankruptcy
JUDGMENT
If payment is not made after service of citation, we request the Court to set the case for trial on the
merits. The Firtttbelieves in pursuing taxsuits to aspeedy conclusion. When atrial date is obtained,
a "Notice of Trial" letter is sent notifying the defendant of the date and time that judgment will be
sought for foreclosure of the tax lien on the property and for personal judgment against the defendant
for tunounts due (see Exhibit 9).
McCreary, Veselka, Bragg A Allen -
In association M,lrA
Hayes, Coffey A Berry, P,C,
19
E. COLLECTIONS OF JUDGMENTS RY EXECUTION AND SALE
After the Court's entry of Judgment, it may become necessary to seek execution or sale to recover
the taxes due. Tax sales are conducted only after consultation with our clients. We consider
executions and sales the strongest part of our program. Accordingly, we devote much effort to
extensive research and notification. The sae can only be as solid as the underlying petition and
judgment.
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One example of our sales program can be seen at the Central Appraisal District of Taylor County.
During the past twoyears sales have been conducted at least qu,vterly. In this time,901 parcels have
k (Ten processed for sale, 113 parcels were removed from the process for payment, 142 parcels were
sold and 658 parcels were bid in trust. Of the parcels bid in trust. 579 have ultimately been sold,
On May 8, 1993, a sale is scheduled on 170 parcels now held in trust.
As you can see, sales are an integral part of our program.
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VACANT AND ABANDONED PROPERTY TAX SALES
The Firm actively pursues the sale of vacant and abandoned property. Several vacant, abandoned
and "assessed unknown" properties are placed in one lawsuit. After title nut sheets are obtained,
extensive research is done, particularly as to heirships, probated wills, etc, Numerous defendants
may tK listed in one suit. Citation by Publication is necessary as to defendants with unknown
addresses. A local attorney is appointed attorney-ad-lisem to represent all defendants cited
by publication. Afterjudgment isobtained, an OrderofSale isissued by the District Clerk and Notice
of Sale Is published, A bid sheet is prepared describing the property to be sold and the minimum bid
for each tract. The bid sheet is mailed to local realtors and other persons who have expressed interest
ht bidding at tax sales in general or to those persons who have contacted the tax office about a
particular parcel of property. The properties are sold at public auction to the highest bidder and
Sheriffs deeds are Issued to the purchasers. Tax sales returnthos•. -cant . d abandoned properties
which once represented lost revenue to our clients back to a current income producing status ht the
hands of a local taxpayer. More Importantly, tax sales will create a substantial incentive for other
delinquent property owners to pay their accounts.
- McCreary, Vesetka, Bragg & Allen
In assoelaliun Kdrh
Hares, Corfey & Berry, P.C.
20
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BANKRUPTCY PROCEEDINGS
McCreary, Peselka, Bragg & Allen has an excellent bankruptcy department capable of providing
the finest representation to our clients in this importrun area of practice. The five-person staff of the
HIPA bankiuptcydepartment is irauted ut bankruptcy law, and theireffons are devoted exclusively
to bankruptcy matters. Bankruptcy litigation is administered by two anomeys, P. AlichactRecd and
D. Kirk Swinney, who are licensed to practice before each of the federal courts in Texas, the United
States Court of Appeals for the 5th Circuit, artd the United States Supreme Coon. Ourattorneys make
inote personal appearances before bankruptcy judges than the attorneys of any other law ruin
engaged in property tax collections. They aggressively assert the w claims andpriorities anddefend
the tax liens of our clients in the Bankruptcy court.
I
To handle the large number of bankruptcy cases, the Finn has made use of a computerized trackire
system since 1986. That system has been updated within the last year to provide the most capable
rid efficient bankruptcy tracking system available. In 1990 and 1991, we generated in excess of 22
million dollars in bankruptcy claims and are currently monitoring approximately twenty-five
thousand bankruptcy cases.
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Upon notification of a bankruptcy affecting a client, we generate and file a claim for current and
de i inquent taxes and a Notice of Appearance. The Appearance notifies participants in the bankruptcy
of the need toprovide us with,xpies of all relevant documents so that we may respond appropriately
on behalf of our clients. From that point, various measures, both defensive and offensive, may be
in order, If the situation warrants, we move for a modification of the automatic stay, which would
otherwise bar our pursuing the taxes by suit. When we are able to do this, we may subsequently seek
the payment of the taxes due in astate court action. Additionally,we find that taxing units frequently
are vulnerable to impairment of their tax liens by not protecting their Interest when a Chapter 11 or
Chapter 13 bankruptcy plan of reorganization is drawn. Therefore, we monitor all bankruptcy
reorganization plans to determine that the provisions contained ht those plans provide the full legal
teJress available to our clients. Additionally, we carefully monitor and respond to other baakr ptcy
transactions which Jeopardize recovery, including sates of property, motions for relief of automatic
stay filed by other creditors, and lien claims, as well as defending any challenges made to the tax
clahns of our clients. We negotiate with debtors, trustees, and other competing creditors to protect
the property tax liens and obtain prioritypaynnent of taxes. We attend hearings hr Bankruptcy Court
to litigate any objections filed by debtors to tax clauns, Our goal is to maximize the return of tax
dollars to our clients In every bankruptcy case.
AJdit ionally, we have procedures for carefully foIlowbtg up after a bankruptcy has beenconcluded.
We determine the status of taxes which were a pan of a bankruptcy proceeding, to determine any
remaining liability for those taxes, and pursue the liable panics in the collection of those taxes. Our
diligence and aggressive legal actions In the area of bankruptcy results in the timely collection of the
luxes due to our clients which otherwise might be lost or inordinately delayed.
McCreary, Vestlka, Drogg & Allen
- - -
bn assoclallon wltk
iiaycs, Cuffey & Derrj, P.C.
21
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flave . Coffey & Berry, P.C., has represented a number of financial institutions as creditors in
bankruptcy proceedings, throughout North Central Texas. Their familiarity with the bankruptcy
courts umthis area andthe frequency in whichthey appear and have contacts withthebankruptcy court
and clerk for time Eastern District of Texas ui which Denton is located, will aid us in being apprised
of ongoing bankruptcy proceedings.
COLLECTING TAXES FROM FEDERAL AGENCIES
With the closing of numerous banks and savings and loan associations inTexasby the Federal Deposit
Inmu rance Corporation and Resolution Trust Corporation, a new challenge h as arisen in the collection
of delinquent property taxes. The enactment of the Financial Institutions Reform, Recovery and
Enfurcewent Act of 1989 (FIRREA) by the United Stctes Congress significtunly clmanged the law
relating to the payment of taxes on property owned by the FDIC and RTC in their capacity as receiver
for an insolvent financial institution. McCreary, Veselka, Bragg & Allen files claims, as required
by FIRREA, for current and delinquent taxes with the FDIC and RTC. We aggressively pursue all
I egad remedies and take other practical me asures to collect the taxes and accrued penalties and interest
due. Our Firm has vast experience in collecting taxes on property which has been foreclosed upon
by the FHA, VA, SBA, HUD and other Federal agencies. We are success:ul in obtaining payment
of all taxes, penalties and interest from these Federal agencies.
McCreary, Veselks, Dragg & Allen
in association HIM
llayes, Coffey At berry, P.C.
22
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V. TAX WARRANTS
The Property Tax Code authorizes the seizure of personal property in order to satisfy property taxes.
Seizure proceedings are among he most effective collection techniques, especially when utilized to
collect delinquent taxes on business personal property. The use ofpublicity from successful seizures
can rdsu be very effective in prompting other property owners to pay without litigation.
We recognize that the use of; izures is also the harshest technique for collecting delinquent taxes.
'llielefule'seizutes are hiitiat „only after discuss ion Nv i1h, and approval of, the client. Furthennure,
we have developed seizure procedures to assure our clients that the tax seizures we conduct will be
professionally and carefully executed.
i
111ese procedures are;
1) IDENTIFY THE ACCOUNT TO BE SEIZED. This is accomplished in close conjunction with
the tax office. Larger accounts andthose with several years of taxes due are considered. Businesses
with inventory which is readily subject to seizure are the best candidates for seizure, We are
extremely careful to confirm the ownership of all personal property to be seized.
2) SENUNOTICETOTHEPROPERTY OWNERS. When time isnotoftheessence,wewill notify
tie property owners that their property is subject to seizure and sale for non-payment of taxes, Most
property owners respond with payment after recekvutg this notice.
3) DETERMINE THE FEASIBILITY OF SEIZURE, We will inspect the property to verify the
existence of property which can N seized and will, if here is apossibility of a penditig bankruptcy,
check with the Bturkmptcy Court to ensure that no automatic stay Is violated.
4) PRE PARATION AND ISSUANCE OF TH E TAX WARRANT. We will prepare the necessary
funny for seizure. These forms, which have been designed L-y the Fimt, include he Application, the
Order issued by he judge for the Issuance of the Tax Warrant, and the Tax Warrant itself. Ajudge
of a court of appropriate jurisdiction in the county where the seizure is to rake place must sign the
Tax Warrant, EXEC act al a iu UT ION OF THE
property. Most property owners pay when they are served and ith the Tax Warrant
by the sheriff.
G) SALE OF THE PROPERTY, Should the property owner still refuse to pay he tax after seizure,
we will prepare the necessary notices of sale which must be sent to all persons with an interest In or
lieu (,it the propettyseized. Thisnoftesetsfonhthe tuneandplaceofsale. We will have anattomey
present at die sale of the property. Finally, we will prepaze the Bill of Sale con veying to the purchaser
title to the properly sold,
NkCreary, Veselks, Bragg h Allen for arrocfeffon %4111
Hayes, Culrey h Berry, P.C.
23
Execution of this pl tut can have dramatic results. For the Centro Appreis:d District of Taylor county,
we we beginning the third year of an extensive tan warrant program which reaches all personas
piolimy accounts. The following table illustrates the results,
Amount Due Amount Due
Original Lees on Mauh Ist I Ygar Lpter
1990 $ 11,837,185 $493,131 $70,607°
1991 $14,160,935 $389,017 $57,312
1992 $15,081,580 $236,853* $ 7
*0mits taxes due on aircraft accounts subject to bankruptcy court's protection
Using 1991, for exnrnple, that year's tax roll contained 4,529 accounts of which all but 128 are
collected. Of these, 57 are under $100.00 and the others are not susceptible to a tax warrant. If your
current program is performing this satisfactorily, you probably do not need to change.
McCreary. Vesellta, Bragg & Allen -
In asiddallon with
Hayes, CoMy & Berry, P.C.
24
I.I. INS'i'ikLLNIEN'1'1'AVAIE;N'I'Ac[tEEn1EN,rs
Some deI riquc tit taxpayers are unable to pay the entire amount clue in a single payment, and many
of our clients have adopted policies thatpemiitinstallment payment agreements. Suchpoliciesvary
nmong jurisdictions, and we comply with any payout arrangement or policy adopted by our clients.
/Accordingly, we provide the following support progrtoti for installment payment agreements:
1. Cr))srrlrarrc n arul Rer ieu of Etisrir)R Pragran:.
We consult with the tax collector and review policies and procedures regar&g installment
payment agreements. Where there is no conflict with existing policy, we reconu»end the
following;
a) While the tax code permits agreements to extend as long as 36 months, the payment
agreement should provide for complete satisfaction of the delinquency in the shortest
possible time.
b) Eachpaymenishouldcoveratleastonecompleteyearofbase tax, penalties, and interest,
c) payments which are insufficient to cover a complete year of base tax, penalties, and
interest should be pro-rated nccordingly.
d) If an agreement is signed before litigation, a suit willnot befiled so long as the agreement
Is current.
e) Agreements signed after suit has been filed should permit judgment to betaken. The
agreement will be continued post-judgment, and the judgment will not be enforced so
long as the agreement is current,
2. Preparation of lrtstalbirent Payment Agreements.
After consultationand review ofthe currentprogrom, the tax office may choose to continue with
the existing fomts and procedures. However, we redesign forms to be used by the tax office upon
request of the tax collector. Additionally, our office assumes all or part of the responsibility of
generating installment agreements and securhig the necessary signatures upon request of the tax
collector.
3. Monitoring Comphance sipith Installment Payvnient Agreements.
Immediately upon receipt of notification that au installment agreement has been signed, that
account Is coded in the tax office computer andinoursystem. We mainto incopies ofallpaymetit
agreements and review them every thirty days for compliance.
4, Enforrir)g Compliance ndtlr Agreente rts.
In the event a taxpayer defaults on an installment agreement, we send a notice of cancellation
of the payout agreement and beg in the next step in the collection process,
r
McCreary, Vesclko, Bragg A: Allen
In artorGrffon h.irh
Ilryes, Coffey h Derry. P,C,
25
L CONINIUNICA7'ION,S ANI) ItEI'ORl'INC CAPABILIT'II.S
Afr('"ary, Veselka, Bragg & Allen takes great pride in our abil ity to communicate with our clients.
We regularly report to our clients on the collection procedures initiated and the collections achieved.
Copies of all payout agreements, demand wid lienholder letters, suits, judgments, and bankruptcy
claims we provided to our clients for informational purposes, but they are not requested to maintain
any files for the Finn,
As each collection procedure is taken by bfVUA, from the first notice of delinquency to the sale of
the property, the action is instantaneously recorded on aCoIlection Activity Report in our computer
system. The Collection Activity Report enables us to report the type and date of every collection
activity taken on behalf of a client at any time.
We provide our clients annually with a Collection Activity Report reflecting the progress of the
col Iection program. These reports can be submitted more frequently upon request. (See next page
for a stunpie report.) The reports include the following information,
(1) Amount of delinquent taxes, penalties and interest collected
(2) Number of notices and letters i.iailed including types and deadlines
(a) Number and type of suits filed (real, personal, "vacant and abandoned")
(4) Amount of money involved In litigation
(5) Number of judgments taken and amounts involved
(6) Summary seizure and tax sale activity
(7) Number of bankruptcy claims filed and amount of taxes included
We provide a graphic report of the collection activity on the delinquent taxes. The report divides
the tax accounts into suits, bankruptcy, payouts, research, and other categories, including that most
bnporiant cnttgory, those accounts paid.
As part of the Firms service, we provide opinions regarding property tax problems our clients
experience. These opinions are generally In writing, and tine Finn is available to follow these up with
(I iscussionswith the tax office,client administrators, and the governing body of the client. In addition
to requested opinions, the Finn has found it beneficial to advise clients of key appellate court
decisions or topics of common concern. Each quarter, the Firm publishes the bfl'BA View Pointto
keep our clients Infonued of the latest developments In property taxation. A copy is included as
Exhibit 12. If a significtutt event occurs we Immediately send rut AIVBA Bellerin on the subject
matter. Our most recent bulletins have been published to keep our clients informed about pending
legislation conceming property tax matters. (.Exhibits 13 and 14)
McCreary, Veselka, Bragg & Allen provides ioll•free Inward WATS lutes to our Austin office for
the use of our clients and their staff. We welcome the opportunity to meet with client administrators
and attend the meetiigs of the governing body of our clients at any time to discuss property tax
collections or other property tax mnttem
NlXreary, Vesttka, Bragg A Allrn
fn association N lth
Ilayes, Coffey d Uarry, P.C.
26
PRE
MCCREARY, VESELKA, BRAGG & ALLEN
- AITORNEVS AT LA~V _
1
- t
-
Collection Activity Report for the
PALESTINE INDEPENDENT
SCHOOL DISTRICT
i
March, 1993
I
We wish to present the Firm's accomplishments In the delinquent tax wiection program with the
Palcstlrre Independent Sclrool District during the period from January 1, 1991 through
March 1, 1993.
The program has included an effort to send a notice to each delinquent exount In an attempt to obtain ,
voluntary payment of taxes due. The Firm has also filed sups, secured judgments, filed bankruptcy
cialms, and sold property to further the collection efforts.
i
I
OTI"ES - Experience has proven that prior to our institution of legal proceedings, a series of
letters to taxpayers and lienholders induces substantial payments.
Letters__ Number
Drtail Letters are notices on all years of delinquency,
including property description and amount due. 9,495
Demand Letters are notices to selected accounts
informing of suit action if taxes are not paid. 2,847
Prc-Class Suit Letters are notices which are mailed to
Individuals who hold an Interest In a property. This is
the first step in the sale of a property. 3
Suit Letters are notices to the defendant informing
of further action, including judgment, 0 taxes are not paid. 330
Jud ,rent Letters are notices that Inform the property owner
Ihatfe property will be sold ri the delinquent taxes are not paid. 24
ADDRESS AND TITLE RESEARCH . Many delinquent accounts are collected by
giving the proper attention to finding the correct address of a delinquent property owner. Delinquent
accounts with unknown or Incorrect addresses are researched by the Firm through the phone book,
city directory, utility records, voter reglsUation records, assumed name files, and the Secretary of
State's records.
Nor to firing suit, the Firm carefully researcher the He of property to identify all parties who have an
ownership interest ora lien on the delinquent property. We examine deeds, deedsof trust, andprobate
records to determi ,e who has an interest In the property.
Letters Number Amount
New Ouster Letters are notices to owners who have recentlyV
purchased their property, advising that delinquent lazes are due. 14 $25,513
Lfenholder Letters are notices to financial Instilutions and
Indviduals which the Firm has determined, as a result of
title research, to have liens on delinquent properties. 177 $190,601
1
PAOa 2
AXE
SUIT
_S - Suits are filed when delinquent taxpayers do not respond to letters mailed by the Firm.
Type Number Number
_ of Suits of Parcels Amount
/ brdi: idual Stuita are action
Individual suits are divided Into; s tile- against an i dnd I aauvl rid all of his property.
bistrirl Cuurt Suits
i 178 249 $346,425
'An additional 17 suits, involving 25 parcels, totaling $45,602,, have been prepared and will be
riled within the next ten days.
1'41rant and Abandoned Property Suits are filed on property with unknown owners or which
has been abandoned, The express purpose Wiling this type of suit is to Sep the
back on the tax roll as a property, getting It
IaUj~aq Dale Fled; grlg,+92 property,
Dale Filed: 1/27/93 1 1 $265
1 2 $15,077
TOTAL SUITS
160 252 $361- ,76
Uia,nlssals are Issued on suits which have taxes
and court costs paid before judgment Is taken. 45
58
The filing of suits also requires docket revlero. Docket review Involves a routine et eck of the
court suit docket rot service of citations, court costs and payment of taxes In preparation for
court hearings.
PAOe 3
WD--Q- h- When service of citation is complete for all defendants, the Firm obtains a trial
setting from the Court tor those cases in which the delingvent property owner has not paid. These Trial
settings resell in either payment in full or a judgment ordering foreclosure of the tax lien on the property
in question and,or personal liability against the defendant property owner,
Number Number
Type of Judgments of Parcels Amount
I~ Individual judgments 86 107 $148,769
VacantarrdAbmrdonedProperty 4 6 $7,890
Releases 4 4
TOTAL JUDGMENTS 90 113 $156,659
EANKRUPTCCCIES - As more individuals and corporations file for protection under the
bankruptcy laws, this area requires closer supervlslon. The Firm files clalms with the Bankruptcy Court
lmmedlatelyupon nobficationbythetaxoffice. The claims are monitored dally for progresslon through
the courts. The Firm reviews all motions and plans of reorganlzatlon riled by the debtor orany creditor
with the Bankruptcy Court to ensure that the property tax claims are pf,lected to the fullest extent
allowed under the Bankruptcy Code.
Number of Number
Type Bankruptcies of Parcels Amount
Proofs of Clabu The initial claim filed, which Includes
all delinquent taxes due prior to the date of filing, 20 37 $27,936
Adm f of s tra tdve Cln fur • A subsequent claim filed for taxes
which come due after the filing of a bankruptcy. 3 6 $4,271
TOTAL BANKRUPTCIES 23 43 $32,207
PA06 4
i
TAX SALE-Aherconsultation with the tax office, Judgments In delinquent tax suits involving real
property are followed tip by a Sheriffs Sale of the property. The Firm prepares andpublishes the Notice
of Sale as required by law. We are present on the sale date to assist the Sheriff in conducting the sale.
After the sale, the Firm prepares the deeds to the purchasers, finalizes the safe papers, and supervises
the distribution of the sale proceeds to the proper parties.
Sale Number
[iftforrimration Dale of Parcel(s) Amount
Nuurtier ofParcels Posted for Sale 2/5,191 7 $10,019
i
Pa reefs Paid Before Sale 2 $1,179
Parcels Sold in Trust to Taxing Units 1
Parcels in Payout Arraugnrreut 4
ion Date of Parcel( s) Amount
7F,N'u?yrber Number
arcelsPosted for Safe 9"3/91 7 $11,710
Parcels Paid Before Safe 4 $6,897
Parcels Sold in Trust to Taxing halts 1
Parcels in Payout Arrangement 2
Sale Number
Information Date of Parcel(s) Amount
Number of Parcels Posted for Sale 1016/92 6 $10,609
Parcels Sold fn Taut to Taxbrg Units 5
Prtrcels in Payout Arrangement 1
n` Date of Parcel(s) Amount
FFNumber Number
cels Posted for Safe 312/93 1 $21 ,815
fore Sale on 2122193 1 $21,815
PAUP 3
~aG~pL~C~ 'A progressive delinquent tax program is very important In malnlaining a high collection percentage.
McCreary, Vesel ka, Bragg & Allen will Continue to respond to you with state of the artcollection
techniques, computer support and legal assistance.
The Firm considers it a privilege to represent the Palestine f,rdependent School District and
r seeks to assist you in all property tax matters,
Respectfully submitted,
Harvey M. Alien
k
Pena 6
J. DATA PROCESSING SUPPORT
McCr oly, Vc.selka, Bragg & Allen has custom designed and developed the most sophisticated
software for delinquent tax collections. Ilie Finn has employed computer systems analysts with
expertise In propeny taxation to produce a highly specialized software which has extensive integrated
woad and data processing capabilities. As we service our clients, we are continuously developing,
_ testing, and revising our system in response to changes in the legal and collection environment. All
i of our clients benefit from new prograin developments and system enhancements. We have
successfully processed data from thirty-five different software systems operating on six different
makes of computer hardware. We are fully compatible with all computer hardware and collection
software systems used by tax offices in Texas. We Invite you to visit our main office In Austin for
a denionstration of the vast capabilities of our computer system,
The capabilities of our data processing system are as follows:
1. Automated Collection System
f
" Prinls and processes over 150,000 letters a week on quality letterhead
* Data record structured forvariable access and output byriante, legal description oryear
level, Pile structure accommodates 40 sub-jurisdictions
* Automated system follow-up
" Calculates standardponalty and interest, special penaliyand allorneyfees automatically
* Accumulates and logs statistics of all notices, letters, suits, judgments and sales
processed
" individual statements of delinquent accounts
* Delinquent listing by alpha or g;ographic account number sequence
* Cross Index files
* hag accounts by reason and amounts
2. Autumaled Suit Document System
* Computer generated petitions slid citations for personal service and vacant and
abandoned property suits
* Separate schedules of taxes for each jurisdiction calculated to include ation,ey fees
* Computer generated judgments and releases
* Status of suits
" Computer generated statistics
* Computer generated letters before/after suit is filed, judgment taken and
property sold to satisfy lien
- - - McCreary, Veselku, Bragg A Allen -
in associallon 14th
11ayes, Cuffey & Berry, P.C.
33
` 3. Automaled Suit Tracking 5ystelu
f * Cause Numocr
* Style of Case
k * Filing Date
* Defend:uuts' Names
* Licnholders' and other parties' names
Pmperty Description
* Service of citation and date
* Court cost payments
Status of Suits
* Judgment elate
* Abstract of Judgment
* Tax Sale
* payout
* Special case status; Hardship, over-65, homestead, etc.
* Answers by opposing attorneys
* Lnpleaded tax jurisdictions
* Motions filed by any patty to the suit
4, Automated Bankruptcy Tracking System
Case Number
* Style of Case
" Defendant's names
* Property description
* Jurisdictions in which claims are flied
* Claim years and tax amounts
" Suit filed
5. File Access and Update
* Secured access to Tax Data, Suit, and Bankruptcy Files
" Update by CRT entry and computer tape or diskette
" Selection of Data by Record Indicators
Property under suit and judgment
Returned mail
Paid accounts
Holds • Including Payouts, Hardships, Exemptions, and Bankruptcies
" Specified years, amounts, property types
McCreary, Veselka, Bragg h Allen
ht association Mlth
Ilayes, Colfey h berry, P.C.
34
{
G. Reports
* Complete Statistics
Number and type of letter
Number and amount of suits filed
Number and amount of judgmcats
Number of dismissals
Collections received
Accounts paid
Various percentages of totals
J * Total items and amount of delinquency by year
` Detail delinquent listing of all accounts
* Ability lode ve lop reports by selecting certain records by record desiRn
7. Color Graphic Illustrations of Statistics
" Illustrations arld Comparison of Collection Statistics
* Diagram of Delinquent Pile Status
Work in Progress
Suits
Judgments
Returns
Holds
Bankruptcies
McCreary, Veselka. Bragg & Allen
In assucla lon WhIr
Iloyes, Coffey & Berry, P.C,
33
i
K. DATA PROCESSING RESOURCES
'Ihc main computer installation of McCreary, Vrsrlka, Bragg & Allen, is located at 5929 Balcones
Drive, Suite 200, Austin, Texas. At this location, we have the most advanced Wang VS Computer 1
System j
The present hardware configuration consists of the following:
I
- Component: Specifications:
CPU (120 Serial Ports) Wang VS 7120 with 8 NIB Memory,
Disk - 6 Drives 2226 Megabytes
Three 454-Megabyte Disk Drives Fixed disk storage cabinet
T1aee 289-Megabyte D;Jk Drives Disk drives have removable packs
Telecommunications Wang Systems Network (WSN) - State of the Art
communication which presently link the Wang
installation inourAustin office withsix branchoffices
I
Tape Drive 800, 1600, 6250 BPI compatibility -
EBCDIC or ASCII
Two Band Printers High quality 600 LPA9 on continuous form paper
i
i
Two Wang Laser Printers Produces the highest quality available at 15 PPM
Xerox 9700 Laser Printer The fastest and highest quality printing available
at a rate of 5,0001etters per hour
Four Bidirectional Daisy Used for word processing - These 60 CPS printers
Wheel Printers with Twin provide the best quality printing for demand and
Sheet Paper and Envelope Feeders lienholder letters
Fourteen Wang Professiunal Used in communications with remote sites, graphics
Computers (AT compatible) and diskette conversions
Thirty-one Dual Word and Data Used for word processing, data entry, update and
Processing Tertninals (CRT's) document development
- McCreary, Veselka, Bragg & Allen - - - -
in assoclatlon udrh
IIayes, Cott'ey h Berry, P.C.
36
Archiving Rork Station Convens diskettes of other hardware types for use
rn1 Wturg
Two Ileis 9elt•Packard Graphic Used to produce graphic illustrations for
Hollers reporting
Canon Color Laser Printer/ Used in production of proposals, reports and
Copier graphics
r
other automated procedures used to facilitate the handling of rnass mailings are:
i
Bursting Decollating Machines Separation of continuous data processing forms
holding/Stuffing Machine Automatically folds and places Ictters into envelopes
k
I Postage Machine Automatically seals and places metered postage on
the envelopes
Hayes,Coffey&Berry,P.C.,hasasophist icatedoffice computerizationsystem. Thefirmhasaone
hundred user network, presently equipped with twenty-four networked terminals utilizing state of
the an word processing, spread sheet, communication and client data processing applications. The
network is run by c 486.25 file server using Novelle Netware 386, version 3.14. Interoffice
communication software, file data processing software and user accessible communications software
via 24008AUmodems are otherfeatures of the system,with an optical character recognition system.
The firm is also equipped with fax and offsite user capabilities via modem.
DATA PROCESSING EQUIPMENT
'I7me present hardware configuration consists of the followumg:
Component: Specifications:
CPU 486-2514hz, 8MB Ram, 330MB [lard Disk
kRuns 100-User Network)
Backup CPU 386.25Mhz, IBM-compatible
2 Meg RAM, Color VGA Munitor,
Mouse, 2400 Baud Hayes-Compatible
Internal Modem
- - McCreary, Vesetka, Bragg & Allen -
In assocloNon adth
:]ayes, Cnffey & Berry, P.C.
37
Disks I I Hard drives
28 Floppy drives
Tape Drive 500 MB Colorado Memory Systems
iBR1 Compatible or ASCII
25 Workstations 20 - 286-25Mhz, 2-4 RIB RAM,
(CRT's) IBM-compatible Workstations with
access to all network software
r
5 - IBR1 PS/2 workstations
I
OCR Page Scanner Reads Documents on paper directly into
Word Processing
2'roshiba Laser printers Ilewlett-Packard Emulation, 14 pages
per minute, 3 Large paper bins, and
Envelope Feeder/Printer
I Hewlett Packard Laser jet Prints 8 pages per minute
3 Higb•Speed Dot Matrix 320 CPS Seikosha and 250 LPS
Printers Panasonic, and IBA LPS
(Report Generation, etc. using
continuous fornt paper)
DATA PROCESSING RESOURCES
Syftw,aree
Component: Specifications:
Internal File Maintenance S11 File Maintenance
Network Software Novell Nctware 386 Version 3.11
Telecommunications Software Networked Remote Communication
PC Anywhere IV/LAN Dial WDial out, Gateway
Operation, Chat SbnultaneousIy
with other party
McCreary, Veselka, Bragg & Allen
In association h Ith
Hares, Coffey & Berry, RC.
38
Billing Account big, Billing Software
Spreadsheets VP Planner
Surpass
Lotus 1-2-3
Symphony
Calculator
Word Processing WordPerfect 5.0, 5. 1, IBM
Displaywrite 4 V.2
Interoffice Communications Electronic Mail, Appointment
F WordPerfect Office Calendar, Meeting Scheduler
Desktop Publishing - Newsletters, Banners, Graphics,
Finesse Desktop Publishing GraphincS. Font Generation, etc.
I
McCreary, Veselka, Bragg & Allen - In assorlallon with
Ilayes, Cuffey & Berry, P.C.
39
III. PROFILE OF THE LAW FIRM
A. 111STORY OF TILE FIRM
McCrea". Veselka, Bragg & Allen, P.C., as a law f imt, has been engaged exclusively in the practice
of property tax law since 1960 withemphasisondel'utquentproperty tax collections. The main office
of AfV1TA is in Austin, with branch offices in Ivaco, Longview, Abilene, San Angelo, Denton, and
Vh iw ia. ANHA currently represents ovu 350 taxing units in die collection of delinquent property
lazes. 'lltesetaxurg units include counties, school districts, cities, appraisal districts, andotherspecial
t rx ng districts of all sizes.
AfcCreary, Veselka, Bragg& Allen has a staff of experienced attomeys, legal assistants, computer
prograrruners and operators, and other support personnel dedicated to the task of nlaxunizing your
delinquent tax collections. AfVBA has consistently demonstrated the ability to administer an
nggressive collection program and attain extremely high levels of delinquent tax collection for our
clients. Moreover, AfVBA achieves the goal of maximizing the collections in a professional and
ethical manner without embarrassing our clients with unfavorable publicity about ourselves,
individually or as a law firm. AfVBA is aware that our actions reflect not only on us but our clients
as well, Character and integrity are not just words at McCreary, Veselka, Bragg & Allen.
- 1NcCreary, Veselka, Bragg 6 Allen -
In assorfation with
Hayes, Coffey & Berry, P.C.
40
U. SUMMARY OFAPPELLATE COURT DECISIONS - AICCREARY,
VESELKA, BRAGG & ALLEN, P.C.9 AS LEGAL COUNSEL
1
No. 08-90.00164-CI', General Electric Credit Corporation v, Midland Central Avi raisal
District and Appraisal Revtety B tar I of illidi~nd Central A l
pyraisai Declricl. and Freest rte
Cuu__yttrAypraisalDislrictandtheFrcestone yyntvAnpralsalReviewBoard,808SAV.2d169
(Tex.App.-El Paso 1991) Judgment modified in 826 SAV.2d 124 (Tex.1991)
GECC owned art aircraft which spent considerable time in both Midland a»cl Freestone Counties,
Both appraisal districts placed the aircraft on their respective tax rolls. GECC did not file aprotest
with the AR 11 of either county, but shnply sued both in district court. The court of appeals held that
G13CC svaa required to follow its administrative remedies pursuant to Chapter 41 of the Texas
Iroperty Tax Code hi both counties. The Court of Appeals also sanctioned GECC approxinwiely
.~(I{),{IqU fora frivolous appcaI. The5upremc Court reversed these sanctions, but upheld the uppellatc
court's decision regarding following administrative remedies.
No. 07-88.0284-CV, S. NI, FcrYUSyn it end S 111 F ryrucon r~ Inc, v. Chi!!it the rnaepen
dent School 1 iatrirf, 798 SAV.2d 395 (Fex.App: -Amarillo 1990, writ den'd)
Ferguson sued the Hardeman County Appraisal District and others concemhtg the oppraisal of his
property lncatedwithin Chillicothe Independent School District. However, Fergusorfailed to make
lonely payment of the ad valorem taxes pursuant to Tex. Prop. Tax Code §42.08. Later, he attempted
to wake a payment of the taxes and claimed that he had substantially complied v.. '!h §42.08. The court
of appeals held that compliance with §42.08 is determined as of the date of delinquency, and that any
delinquency in payment would subject the property owner to having his appraisal district suit
dismissed pursuant to §42.08,
No. 3-91-482-CV,
Paul W. iKiminell AKA Paul IV. Kimm ll D v B .r t Counly A pralsal
District. 8.15 SAV.2d 108 (Tex.App.-Austin 1992, no writ)
Dr. Khtunell was a tax protestor who denied the jurisdictional authority of the State of Texas. After
multiple dilatory motions at the trial court, Dr. KimtneIl suffered an adversejudgmcnt fordelinquent
taxes. lie then appealed to the Third Court of Appeals. Prior to the time the Third Court of Appeals
issued a decision, Dr. Kbtanell sent papers to the court and to the litigants purporting to be orders
of removal from the "Common Law Court for the Republic of Texas" withdrawing the case from
the jurisdiction of the Third Court of Appeals. The docutncris even bore file-marked stamps from
the alleged clerk of this "Common Law Couht for the Republic of Texas". The Third Court of Appeals
held that there is no such thing as die "Conunon Law Coun for the Republic of Texas", dismissed
Dr. Kirmnell's case for abandonment of the appeal, and sanctioned him for frivolous appeal,
- Nitcreary, Veselka, Bragg & Allen
In assoelnrlon 1411h
[[ayes, Coffey & Derry, P.C.
41
- -
No.11-91-2.16-CV,Otis I.Hawkinsv Van ZandlCmmlyARgraisalVisirirtel at,834SAV.2d
619 fTex.App.-Eastland 1992, ss ri( den'd)
Ilaw kips operates a commercial nursery in Van Zandt County, On his property, he has a number of
greenhouses,AhichareconstructedofmetalpipeSleevesdrivenintothegroundinparallelrows. Into
the sleeves, are inserted tubular arches called bows. Plastic is then stretched over the parallel rows
of bows to create a Quonset but style greenhouse. Mr. }lasvkins, supported by the Texas Association
of Nurserymen, claimed that these greenhouses, wiilch he referred was "covers", were in reality only
impleiucntsof husbandry and should be exempted from taxation underTex Prop.TaxCode§11.161.
The n ial court ruin court of appeals rules ut favor of tIte appraisal district holding the greeiiltouses
to be hnprovements to realty and thus taxable. The Supreme Court denied Mr. Hawkins' application
for writ of error.
i
i
No. 3-90.200-CV, 3, 1s1, Huber Cur rali n Calcium Car onate Disision v Burnet Cnm,ty
Appraisal DbIrict.803 5.117.2d 613 (Tex.App.-Auslin 1991, writ den'd)
J. M, I luberCorporation failed to render, for a number of years, a substantial rock crushing plant in
Bumet County bi spite of repeated requests of the appraisal district to make a rendition. Hubermade
substantial improvements to the plant. Finally, the appraisal district assembled sufficient data to
arrive at what it considered to be a realisli; appraisal of the plant. That appraisal was substantially
higher than it had been in previous years. A representative of Huber then contacted the chief
appraiser. The chief appraiser told Huber that, even though it was past time for filing renditions for
that year, the appraisal district would consider a rendition if Huber promptly sent it to the appraisal
district. The next day, by express delivery, a document arrived from Huber addressed to the chief
appraiser, The document was essentially a letter from Huber indicating what it thought the value of
the rock crushing plant should be. The chief appraiser filed the document as a rendition when she
received it in May of the year in question. Huber made no further contact with the appraisal district
until after it received its tax bill. Finally, several months into the next year, Huber asked the appraisal
district when it would have its protest hearing before the ARB. The appraisal district indicated that
the ARB process was over and that Huber had not protested. Huber then filed suit contending that
its communication in May of the previous year was intended to be a protest. The court of appeals
agreed with the properly owner and ordeted the appraisal review board to hear the protest.
No. 11-87.297-CV, First Unlon Real Est ale lnvestntent v.-Tailor County Appraisal District
and Taylor CountvAUVraisalReview Board. 7S8 SAV.2d 380 (Tex.App.-Eastland 1988, writ
ref d mr.e.)
j The property owner fdeda confusing document concerning the authority of its agent. The Appraisal
Review Board sent a notice to the agent which was duly received. After it failed to file its lawsuit
on time, the property owner blamed the Board for misdclivering its notice. The Court allowed the
r property owner to benefit from the ambiguity in its own document and held that the Board's notice
should not have gone to the agent.
NItCrearr, Veselka, Pran & Allen -
In arwrfallon Kith
Hades, Coffer & Berry, P.C.
42
C- I'I20F'I1,E OFT'HE PARTNERS OFAIcCREARI; YESEI,KA, BRACG
& ALLEN, P.C.
.TACK II. Ak ~ REAR Y, the senior nlernberof McCreary, Vesellca, Bragg & Allen, P.C. is a member
of dreState Dal of Texas andAmcrican Bar Association. Ile is licensed to practice law in the Federal
Courts.
Mr. McCreary is a noted authority on property taxation. Since 1951 he has conducted a wide array
of tax services for counties, cities, schools, special districts ruid other authorities. Ile holds the
designation from the State of Texas of Certified Texas Assessor and Registered Professional
Appraiser. Through the years he has provide (I properly tax advice to Texas governors and legislators,
hiving rectified before legislative committees considering property tax legislation
i
Mr. McCreary has sen ed as a Dheom of hiterFiist Bank, Austin, Te.tas imd as Board Member of
j " Buckner Baptist Bc,!evolences, Dallas, Texas. He is a fonnerConimittee C'hairimm of the Legends
of Golf, PGA, Austin, Texas. Ile is a deacon at Ilyde Park Baptist Church.
Mr. McCreary is agraduate of Weatherford Junior Colle e and h
degrees from Baylor University, g olds B.B.A,(195p)andJ.D(195])
SHELBURNE (SHELLY) J. VESELKA is the partner in charge of the delinquent tax prograt.ts
for all the taxing units in Victoria County, Taylor County, Burnet County and Burleson County,
among others. lie has been a memberofthe Finn since 1971. Mr. Veselka has extensive experience
in tax litigolon, both in the trial courts and appellate courts. He has personally conducted the sale
of thousands of parcels of real property and performed numerous sununary seizures of personal
properly, Mr. Veselka has addressed many civic organizations and professional tax organizations
on property tax matters. He is certified by the State of Texas as an instructor in the Property Tax Law
aiidAdvanced Tax Collections courses required for all tax assessor-collectors by the State Board of
Tax Professional Examiners.
Mr. Veselka was raised in several towns in the Texas oil patch where his father was a petroleum
cngineer. His family moved to Houston in 1956 where he graduated from Bellaire High School, He
graduated in 1964 from Texas A&M University with a B.A. in History, Upon graduation, he was
cormnissioned as a Second Lieutenant in the United States Army, AVhlle in the Army, Mr. Veselka
se rvcd in Vietnam where he advanced to the rank of Capta in, was awarded the B ronze S tar, the Purple
licit, and the Combat Infantryman's Badge. A fter beurg honorably discharged from the Army, he
entered the University of Texas Law School where he received a Doctor of Jurisprudence degree in
1971. Mr. Veselkais a memberofthe Stare BarofTexasand is licensed topractice in theU.S. District
Court for the Western District of Texas.
McCreary, Veaelka. Bragg & Allen
In assocfallon w tilt
Ila) es, Coffey & Berry, P.C.
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Mt. Veselka has four children and one grandchild, His interests include golf, water sports, Aggie
eporting events, soccer and travel. Ile is a member of Tarrytown United Methodist Church.
(ALBERT T. BRAGG is originally front Baltimore, Maryland where his father was a Baptist
minister, Mr. Bragg attended Baylor University where he received a B.B A. degree in 1971 Ile
received his Doctor of Jurisprudence degree from the Baylor University School of Law in 1973. After
graduation from law school, he was promoted to the rank of Captain in the United States Air Force.
Ile was a Judge Advocate at Bergstrom Air Force Base in Austin from 1914 until 1978.
Mr. Bragg joined the Finn in 1978. lie has handled all phases of delunyuent tax collection litigation.
Ile is a member of the property Tax Section of the State Bar of Texas.
Mi. Lti,ieg and his, wife have one son. They are active members of Hyde Park Baptist Church where
Mr. llt agg serves as a deacon and is Chainnan of the Church Trustees,
1 li
1IA R V E1' Ni. ALLEN is the partner in charge of the delinquent lax collection programs and provides
legal representation to the Midland Central Appraisal District, Bowie County Appraisal District, and
the Tax Appraisal District of Bell County, among others. Ile has been a member of the Firm since
1981. Ile is active in all phases of the Finns work, including trial and appellate practice involving
both collection and appraisal matters. Over the years, Mr. Allen has rendered numerous legal
ophn ions to schools, cities, counties and appraisal districts on property tax rel Bled matters. Mr. Allen
is an authority on the Financial Institutions Refonn Recovery and Enforcement Act of 1989 (the
"savings & loan bailout" legislation) and its impact on local taxing units. He has addressed the Tax
Assessor-Collectors Association of Texas and Texas Association of Assessing Officers on the
complex provisions of this Federal law.
A caiified public accountant, Mr. Allen formerly worked on the audit staff of Arthur Andersen &
Co., Certified Public Accountants, in Houston. He has participated in numerous audit engagements
involving Fortune 500 companies. Mr. Allen is a member of the Texas Society of Certified Public
Accountants.
Mr, Allen, from Houston, Texas, graduated from Spring Woods High School. He attended Baylor
University and obtained a B.A. degree in 1975. Mr. Allen entered graduate school and received a
Masters in Business Administration degree in 1977. Afterworking in public accounting, he retumed
to Baylor University School of Law and received a Doctor of Jurisprudence degree in 1981, Mr. Allen
is a member of the State Bar of Texas and is admitted to practice in Federal Courts. Mr. Allen and
his wife have three sons and are members of Hyde Park Baptist Church where he serves as a deacon
and on the Finance Committee of the Church. Ile has also served on the Board of the Parent-Teacher
Association of his sons' elementary school. His interests include golf, fishing and travel.
McCreary, Vesetka, 13ragg & Allen - - in arsorlnllon with
Hayes, Cuffey & Berry, P.C.
44
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U. PROFILE OF THE ATTORNEYS AND KEY PROFESSIONAL STAFF
OF McCREARY, VESELKA, BRAGG & ALLEN, RC.'. ~
i
ATTORNEYS '
I
ROBERT L. MEYERS is from Houston, Texas where he graduated from Spruig Woods High
School. He attended undergraduate school at Baylor University, receiving a B.A• degree in History.
Iic is a 1980 graduate with a J.D. degree from Baylor University School of Law. Mr. Meyers served
{ as ail assistant city auvrticy for the City of Waco from 1980-1986 where lie worked primarily in the
areaofadvalorenitaxation. His duties includedthesupervisionofthe collection of taxes for the City
of Wnco and the Waco Independent School District os ell as representing the City in establishment j
and operation of Tax Increment Financing Districts and Tax Abatement Districts.
i
Mr. Meyers joined McCreary, Veselka, Bragg & Allen on January 1, 1987. Mr. Meyers as the
managing,utomey for the Waco office represents various school districts, cities, counties and special
districts in the collection of taxes. Ile also represents the McClennati County Appraisal District as
general counsel and in appraisal litigation. He was appointed general counsel of the McClennan
County Education District.
I le is a frequent speaker for the Texas Association of Appraisal Districts and Texas Association of
Assessing Officers. Mr. Meyers is a certified instructor by the Board of Tax Professional Examiners
and teaches several tax courses throughout the State.
Mr. Meyers is a member of the State Bar of Texas and practices before the trial and appellate courts
of this State. He is also a member of the State Bar of Texas Committee on Ad Valorem Taxation
and cotmnittee on Professionalism. He is licensed in Federal. Court where he has litigated cases
concerning the appraisal of property for ad valorem taxation.
MICHAEL REED, is an attorney in our Austin office. Mr. Reed grew up in San Antonio, Texas
where lie graduated from Jefferson High School in 1965. He attended Texas A&M University,
graduating in 1969 withadegree in History and Political Science, and served as an officer in the U.S.
Au For( a from 1969-1972. He graduated in 1988 from the University of Texas Law School, and
began to practice with McCreary, VeseIka, Bragg & Allen at that time. He is admitted to practice
law in the state courts of Texas, the Federal District Courts for the Northern, Southern, Eastem, and
Western L'istricts of Texas, as well as the Fifth Circuit Court of Appeals.
Since joining the Finn, Mr, Reed has largely focused on bankruptcy problems facing ad valorem tax
jurisdictions. He has helped to devise the procedures that we use to maximize the recovery to tax
jurisdictions of revenues that are jeopardized by bankruptcy proceeduigs, lie has also participated
- - McCreary, Veselka, Bragg & Allen - -
In association M'lrh
llayeq, Coffey & Berry, P.C.
45
in developing the computer system by which we are able to track bankruptcies with delinquent lax
problems throughout the state,
Apart from banknptcy practice, Mr. Reedhas been active in soliciting passage of useful ad valorem
ins legislation in the Texas Legislature. Along with Harvey Allen, he has obtained Legislative
sponsorship and passage of pertinent ad,, alorent tax measures that benefit all tax jurisdictions. Along
with such activeparticipation in the Leg islai i ve process. Mr. Reed has been in the position tonnonitor
the chaunges in the school fiance system, and was able to assist numerous school districts in making
the necessaryndaptations tocomply with school fundungsystem changes. Along the saine File, when
the CED funding system was challenged in Federal Court, Mr, Reed participated in the defense of
the school districts in the Fed^ra) District Court and Fifth Circuit proceedings.
i
A1r. Reed has been a frequent speaker and publisher for associations of appraisal district personnel,
Inx officials, other lax piofessiou;ds, and school officials, as well as for the West Texas Banktuptcy
Bar and the Ad Valorem Tax Section of the State Bar of Texas.
j D. KIRK SWINNEY joined the Finn in April, 1990, Mr, Swinney provides legal representation
to out clients utthe areas of bankruptcy and appraisal district litigation. He has extensive experience
in the United States Bankruptcy Court. Mr. Swinney has litigated numerous cases before the
Bankrrptcy Courtwhile protecting the interest of taxing units from the clahns of compethng creditors
turd against the Trustee of the debtor. He currently has several Bankruptcy Court cases on appeal
to the United States District Court and the U.S. Fifth Circuit Court of Appeals.
Prior to joining the Finn, he was First Assistant City Attorney for the City of Midland where he
practiced un a wide range of litigation fields includung contracts and local govenunent law,
procedures.andproblems. He has been a speaker and writer for the Texas Municipal Lealr.,efrexas
City Attorneys Association Conferences, as well as a frequent advisor to Texas rnwilcipalities
regarding issues such as cons.itutionalprocedures, utilities, all types of local taxes, and bankruptcy.
He has also been a contributing writer to the National Institute of Municipal Law Officers
Publication, "Municipal Attorney". Since joining the Firm, he has successfully litigated several
appraisal district cases and participated in and successfully settled numerous others,
Mr, Swinney was admitted to the Slate Bar of Texas in 1984, lie is also licensed to practice before
the Federal District Courts of the Northern, Southern, Westem, and Eastern Districts of Texas, the
Eastern and Western District of Arkansas, the Fifth Circuit Court of Appeals, and the United States
Supreme Court, He graduated fi oni Lubbock Clristi vt University (BA, 1981 Suouna Cum Laude)
aid Texas Tech University School of Law (1.D. 1984). He is a nnenibet of the Texas City Attorneys
Association, State Bar of Texas, and Christian Legal Society,
ROY L. ARMSTRONG joined the Austht office ofourFinnon February 15,198 S. Mr. Annstrong
has extensive experience representing tax units and appraisal districts and has practiced before
McCreary, Veselka, Bragg & Allen
in assodalton 01h
ilayes, Coffey & Berry, P.C.
46
II
rwrnerousCourtsofAppeal andtheSupreme Court ofTexas. Priortojoining our Firm, he practiced
with a private law finn in Dallas and represented the Dadas Central Appraisal District in cases such
as Dallas o r t nnraisal District v Institute for Aerobics Research, Uallas Co-mty Appraisal
i t[ict vs L D BrLnklnan & Co., curd Uallas County Appraisal District as Ne . Mr. Armstrong
has represented taxing units in administrative proceedings before the State Property Tax Board. Fie
is also licensed to practice in the Federal District Court for the Northern District of Texas. Mr.
Armurong holds degrees from Southern Methodist University, (B.A. 1981 Summa Cunt Laude)
ssl,ere he is a member of Phi Beta Kappa, and the University of Texas Law School, (].D. 1984, with
honors).
RODNEY B. DOWD joined the Firm inlanrt:uy,1988. Mr. Dowd is the ManagingAttomeyof our
Longview office. He graduated from Baylor University with a B.B.A. in Economics in 1976. He
teceiced his J.D. from Baylor University Luw School in 1979.
Ul,on admission to the State Barof Texas. he served as general counsel for an oil and gas company
for six years mtd was in private practice for three years before joining our Finn. Mr, Dowd is a
member of the State B nr of Texas, and is active in the Texas Young Lalyyers Association of llarrison
mtd Gregg Counties. Mr. Dowd is also admitted to practice in the Federal District Court for the
Eastern District of Texas.
KEY PR IF 1 NA STAFF
CLYDE M. CRAIGEN is the Director of Operations of the Firm. He joined the Firm in 1971 as
a Tent Consultant. He has extensive experience in the areas of tax program analysis, title research,
taxpayer no•;firr,tion and address research.
Mr. Craigen's area of expertise includes contract management and public relations with both tax
office personnel and the general public. He has been instrumental in the Firm's uuplementatfon of
extensiveintegrated wordprocessinganddata processing systeins. Managcmentofoffice functions
include coordinating computer data services and being the liaison between the Iaw firm and computer
system analysts, as well as directing the daily operations of the Austin Office,
Reforejoining the Firm, Mr. Craigen was a Tax Account Supervisorof the Ad Valorem Tax Division
of the State Comptroller of Public Accounts, There lie accounted for State Ad Valorem Tat fund;
and approved State delinquent tax contracts. lie holds the designation of IPA and is a memlxr of
the Texas Association of Assessntg Officers. Ile also is a member of the Tax Assessor-Collectors
Association of Texas and has served as Secretary-Treasurer of that Association. fie is an alumnus
of the Univtrsity of Texas.
- McCreary, li'eselka, Bragg & Allen
fn association H ith
1la3 e3, CuRey & Derry, P.C.
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LAIRD J. NIARKLAND is the Deputy Directorof Operations. He joined the Finn in 1978 as a Tax
Consultant, He has extensive experience in the areas of tide resewdi, taxpayer notification and
address research. Mr. Markland's areas of responsibility include contract report writing, developing '
computerized statistical graphs and charts as well as coordinating the daily activities of our Austin
stall, N1r,Marklattdwas afield appraiser for SoutlnvestemAppraisal Company, Inc. prior tojoutittg
the Firm. He has appraised real and personal property throughout the State. Mr. Mark.land is u '
memberoftheTexasAssociation ofAssessing Officers and the Tax Assessor-Collectors Association
of Texas. He is an alumnus of the University of Texas.
LUCINDA (CINDY) IVILCOXEN is Director of Data Processing. She became a member of the 1
Firm ui 1976 after graduation from Mary Hardin-Baylor University. With sixteen years of
experience in delinqueuttaxcollect ions, Mi. WOcoxen coord in ates the development, docuntentation
turd maintenance of theMVBA computer system. She supervises computerdwa conversions and all
data processing applications. During heryears with the Finn, she has processed data from every make
mtd model of computer hardware and software which are installed in tax offices across the state.
McCreary, Vesellca, Bragg & Allen - -
In assorlarton h*h
llayes, Coffey & Berry, P.C.
48
E. PROFILE OF THE PARTNERS OF HAYES, COFFEY BERRY, P.C.
1
RICIIAF?D D. IiAl'GS received his Bachelor of Business Administration degree from Texas '
Cluistian University, his Master of Business Administration dregree form Texas A & M University
rind his law degree form St. Mary's liil iversity School of Law. He served as a briefing attorney for
the Chief Judge of the United States District Court for the Western District of Texas. lie is Board
C'erlif ied by the Texas Board of Legal. Special ization in Commercial and Re sidential Real Estate Law.
He is licensed to practice in Texas Courts iuid the United States Districts for the Northern, Eastern,
_ Sonthern and Western Districts of Texas, the Courts of Appeals for the 5th and 11th Circuits and the
Supreme Court of the United States of America. Member: Denton County Bar Association
(Dhector/Prea^,urer), State Bar of Texas, American Bar Association, Association of Trial Lawyers
of America an J Texas Trial Lawyers Association. He practices in the areas of civil, banking, real
estate, contru•.tion and governmental litigation,
DAN C. COFFEY received his Bachelor of Business Administration degree in economics from
Baylor University and his law degree from Baylor University School of Law. He is licensed to
practice in Texas Courts and the United States District Courts for the Northern and Eastern Districts
ofTexas.Member: Den ton County 13 ar Association, State Bar of Texas, American Bar Association,
the Texas Trial Lawyers Association, and Denton County Ciminal Defense Association, School
Boards. tie practices in the areas of civil trial litigation. batiking, family law, governmental, and
commercial,
BYRON R. BERRY received his Bachelor of Business Administration degree in accounting from
Texas Tech University and his law degree from South Texas College of Law. He is also licensed
by the Texas Stale Board of Public Accountancy as a Certified Public Accountant. He is licensed
to practice in Texas Couns andihe United States District Couns forthe Northern and Eastern Districts {
of Texas. Member: State Bar of Texas, Denton County Bar Association, Denton County Society
of Certified Public Accountants, United States Eastern District Coui of Texas Bankruptcy Bar,
Texas Trial Lawyers Association, The American Bar Association, American Institute of Certified
Public Accountants, Dallas ChapterTexasSociety of CertifiedPublic Accountants. He practices in
the areas of tax, business, bankruptcy, corporations, probate and estate planning,
1
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McCreary, Veselka, Bragg A Allen - -
In assorrallun M'Irh
I la) es, Coffey & Berry, P.C.
49
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I
F. PROFILE OF THE ATTORNETS AND KEY PROFESSIONAL STAFF
OF IIAYES, COFFEY & BERRY, P.C.
ATTORNEYS
STANLEY D. CURBO received his Bachelor of Arts degree from the University of Maryland and
his law degree from State Mary's University School of Law. He is licensed to practice in TexasCouns
and the United States District Court for the Northern District of Texas. He served 3 1/2 years in the
United States Marine Corps and 13 months in Vietnam. Member; State Bar of Texas, Denton
County Bar Association, American Bar Association, Texas Trial Lawyers Association, National
District Attorneys Association, Texas Municipal League and Texas District and County Attorneys
Association. lie practices in the areas of civil trial litigation, banking, oil and gas, real estate,
governmental and criminal law.
GREGORY J. SAWKO received his Bachelor of Arts degree from St, Mary's University and his
law degree from St. Mary's University School of Law. He is licensed to practice in Texas Courts
and in the United States District Court for the Northern District of Texas. Member: Denton County
Bar Association, American Bar Association, Texas Trial Lawyers Association, lie practices hi the
seas of personal 'injury, workers compensation, governmental and civil trial litigation.
SCOTT ALAGOOD received his Bachelor of Business Administration degree in Finance from
Texas A & M University, and his law degree front Texas Tech University School of Law.
KF.Y PROF - IONA . STAFF
MARIE CIIAVE7. is a paralegal. Ms, Chavez attended Georgetown University, majoring in
English and court reporting. She graduated from VTI Institute for Paralegal Studies in 1986. Before
this she was a certified court reporter working on federal contracts involving agencies such as the
Equal Employment Opportunity Commission, Security and Exchange Commission, Interstate
Commerce Curtunission, and the National Labor Relations Board. She has been employed by several
lasv firms in Dallas, and has relocated to Denton, Texas. She is presently a member of the Grcater
Denton Legal Assistants Association, State Bar of Texas Legal Assistants Division and the Texas
Nut,uy Public Association.
CI IRISTINE MOTT is a paralegal. Ms. Piott has seven years experience in the areas of real estate
law and corporate law. She has also worked as an abstractor at aTitle Company. Ms. Piott is presently
a member of the Greater Denton Legal Assistants Association, Slate Bar of Texas Legal Assistants
Division and is a former Pack 59 Cub Scout Leader.
NkCreary, Veselka, Bragg & Allen - - - -
In association *11h
11a3e,g, Coffey & Berry, P.C.
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1CENNA 5TUR1is a paralegal,
nine Ms. Storie attended Oklahoma State University, %Is. years experience in ;he areas of personal injury aid litigation, Nis. Storie is pr Storie has
D esently a member
DivthisieonG. reater Denton Legal Assistants Association and the State Bar of Texas Legal Assistants
1~1111'ly "'w, criminal law and municial law. Ms. Richter is a Memr of PA N1 RICHTER is a paralegal, Ms. Richter has four years experience in the areas of litigation,
Assistants Division and the State Bar of'Iexas Legal Assistants Div siion C Greater Denton Legal
IIFFANYIIEARTLINGis nlawclerk. Nis- Ileadlingis in her final yearof law school atSouthem
Methodist University and is a candidate forJur's Doctorin May, 1993. Ms, Heartling is a Coordinator
of the SMU Pro Bono Clinic,
NkCreary, Veselka, brraBB & Allen
In association with
112yes, Coffey & Berry, P.C.
51
IN-
{
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IV. CLIENT REFERENCES
A. CLIENT REFERENCES OF McCREARY, VESELKA, BRACG & ALLEN P .C.
AfcCreary., Veselka, Bragg &Allen, P.C. has an established delinquent tax collection program in
Denton County, We are pleased to provide the following list of our clients in Denton County and
encourageyou tocontact themregarding ourcollectiov services andlegal representation. Acomplete
List of our clients is included as Exhibit 15.
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Denton County City of Aubrey
Nis. Mary I lout (collected by Denton Cenual Appraisal District)
Tax Assessor-Collector Nis. Cheryl Field
P, O. Box 1249 City Secretary
Dcnion, Texas 76201 107 South Main Street
(817)566.7908 Aubrey, Texas 76227
Argyle Independent School District Corinth MUD #1
(collected by Demon County) (collected by Denton Cenral Appraisal District)
Mr. Mickey Koonce Ms. Donna Dye
Superintendent 3911 Morse
P. O. Box 989 Denton, Texas 76202
Argyle, Texas 76226 (817)566-0944
(817)164-7241
City of Argyle Pilot Point Independent School District
(collected by Denton County) Nis. Carol Coffee
Nis. Sarah Slone Tax Assessor-Collector
P. O. Box 1035 828 South Harrison
Argyle, Texas 76226 Pilot Point, Texas 76258
(817)464-7273
Aubrey Independent School District City of Pilot Point
(collected by Denton Central Appraisal District) Ms. Carolyn Boetncr
Dr. James Monaco City Administrator
Superintendent 104 E. Maur Street
415 Tisdale Pilot Point, Texas 76258
Aubrey, Texas 76227 (817)686-2165
(817)165.2721
McCreary, Vescbca, Bragg & Allen -
In association hdth
Ilayes, Coffey & berry, P.C.
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Ponder Independent School District Sanger Independent School District
(rnllerrn4 by Dutton Crrrrral Appraisal Disoic t) Nis. Delores Watts
Air. Enunien Baker Tax Assessor-Collector
Superintendent P. O. Box 807
P. O. Box 278 Sanger, Texas 76266
Pondcr, Texas 76259 (817)558.7448
(817)379.2266
City of Sanger
City of Ponder Nis. Rosalie Garcia
(rolle(trd by Denton Central Appraisal Disn icr) Tax Assessor-Collector
Nis. Donna Dye P. O. Box 578
3911 Morse Sanger, Texas 76266
Denton. Texas 76202 (817)458-7930
(817)506-0904
Krum Independent School District
(collared by Dentan Central Appraisal District)
Mr. James Bible
Superintendent
P. O. Box 158
Krum, Texas 76249
(817)582-3794
Former client:
Denton Independent School District
Ms. Kathy Arrington
Purchasing Agent
900 Linden Drive
Denton, Texas 76202
(817)382-6300
The following are client references from outside of Denton County.
Corsicana Independent School [Astrict Keller Independent School District
Ms. Mary Cooper Dir. Ed Hasson
Tax Assessor-Collector Tax Assessor-Collector
P. O. Box 129 P. O. Box 209
Denton, Texas 76202 Keller, Texas 76248
r (817)382 ,6300 (817)431-2441
- McCreary, Veselka, Bragg & Allen - -
in association wkk
Ulies, Coffey & Berry, P.C.
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F
low#
Victoria Independent School District Tax Appraisal District of Bell County
(Or.). of Victoria) (Bell Co., City of Temple, City cf Killeen,
Ms. Mary Gerdes Cite of Harker Heights, Belton 1.S.D., City of
Tat Assessor-Collector Belton, Academy I.SD., Bartlett I.SD_ Holland
1'. O. 11 ox 1219 IS D., Killeen I.S,D„ Rogcrsl.SD., Salado i,S.D ,
Victoria, Texas 77902 Temple 1,S.D., City ofBarrlen, City ofHollatd,
(5121576-5241 Cih of dl organ's Paint Resort, City ofNolanriile,
City cf Rogers, Comanche Hills Utility Distrirr,
County of Victoria Donahoe Creek District, Elm Creek 1Varershrd
Ilonotable I1clen R. Walker District, Heidenheimer iV.CdD., Little River
County Judge JV.CLD.#1,Mangan'$Point W.C.1.D.,Nolan Creek
#6. Nolar+ ille, {V.C.I.D. #3, TenrpleJtrniorCollege, 127 CO Room rn Moody 1. S, D., Troy I.S.D., City of Troy, Darns
County Courthouse ('trek li'atershed District, American Edurarional
Victor iu.Texas 77901 COP, rplex,City afL[tile Rir,cr,Ciry ofSoIdo,City (P(512)575-4558 licidenheimer, Florence 1,S.D., Bell C.E.D.)
Longview Independent School District Mr. Mike Watson
Dr. R. L. McMichael Chief Appraiser
Superintendent P.O. Box 390
P. 0. Box 3268 Belton, Texas 76513
Longview, Texas 75606 (817)939.5841
(903)753-0206
Harrison Central Appraisal District Central Appraisal District of Taylor Co,
(Marshatll.S.D,,1Vaskoml.S.D.,Har(7a)lor Co., bferkel LS.D, Wylie 1.S.D„ Abilene
!lallsrrilel,S.b.,Karnackl.S.D.,C'in(VAfarshall, I.S.D,JimNedl.SD.,Trent l.SD„City ofAbilene,
CityOf I'Vaskoni,Harrison C.E',1) i Erclal.SD.,Taylor C.ED„Tuscola Taylor County
Fresh {Vater District, West Central Texas bluniel.
Mr. David Whitmire palls'arerDistrict, Valley Creek W,CD„Elm Creek
Chief Appraiser iV,C.D., City of Buffalo Gap, City of/mpact, City of
P. 0. Box 818 1.alin,City efMerkel,city (fTrenr,City OfTuscolo)
308 East Austin Mr. Richard Petree
Marshall, Texas 75670 Chief Appraiser
(903)935-1991 P.O. Box 1800
Waco Independent School District Abilene, Texas 79604
Mr. Thomas E. Kelly (915)676-9381
Assistant Superintendent for Finance
Waco Administration Budding r
IOth Floor
501 Franklin Avenue
Waco, Texas 76701
(317)752.8341
In association with
ilayes, Coffey R Berry,l'.C.
54
INV
IS. CLIENT REFERENCES OF HAVES, COFFEY R BERRY, P.C.
llarer, Cvffu & Berry, P.C. has an established record M local counsel for various Denton County
governmental Agencies. We encourage you to contact them regarding our services and legal
nepresentalion.
Denton Independent School District City of Pilot Point
Dr. Tun Sonnenberg Ms. Carolyn Boerner
Superuttendent P. O. Box 457
1307 N. Locust Pilot Point, Texas 76358
Denton, Tcxas 76201 (817)686-2165
(817)387-6151
Town of Hickory Creek
City of Argyle Ms, Elizabeth Penny
Mayor Jenkins P. O. Box 453
506 N. Highway 377 Hickory Creek, Texas 75065
Argyle, Texas 76226 (817)686-2165
(817)464.7273
MHMR of Denton County
Sanger Independent School District Ms. Cindy Ul
Mr. Mike Rosenberg Administrator
Superintendent 515 S. Locust
P. O. Box 188 Denton, Texas 76201
Sanger, Texas 76266 (817)565.1606
(817)458-7438
McCreary. Veselka, Bragg & Allen -
In association with
Flayes, Coffey & Berry, P.C.
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I
V. RELATED ISSUES
A. CONIPENSATION OP THE LAW FIRNI
ATUORNE1" S FEES
r
McCreary, Veselka, Bragg & Allen proposes a fee of fifteen percent (I 517c) of the delinquent property
taxes, leitalties and interest collected during the tenn of the contract. Ilse fee would be paid to the
3 Finn on a monthly basis and would be in direct relationship to the quality of our performance. Each
subsequent year of delinquent property tax would enter into the terms of [lie contract on July 1. All
costs incurred for data processing uctivi[ies, taxpayer notification, postage, address research and
leg,,d assistance will be paid by the Firm.
The Property Tax Code, Section 33,07, provides for an additional penalty of fifteen percent (15%)
which may be added to the dmount of taxes, penalties and interest due if the client contracts with a
private law firm and gives proper notic; to taxpayers during the month of May a ach year. This statute
allows the client to collect the additional penalty which will offset fees paid for delinquent tat
collection. Section 33,48 of the Property Tax Code provides for fifteen percent (I S%) attorney fees
on all delinquent tax years which are placed in litigation. Therefore, as a result of Sections 33.07
and 3.1.48 of the Property Tax Code, the fees earned by the Firm will be paid by the delinquent
property owners. All fees earned shall be paid to the Firm by check each month,
The Firm will begin collecting current yearpersonal property tax accounts on March 1st of the year
they become delinquent. However, the City Shall not owe the Finn a fee for the current year petsonal
1 -operty [axes collected between March 1 st and June 30th unless the Finn files a lawsuit on the
account and collects atiomeys fee pursuant to Section 33.48 of the Property Tax Code.
The City has set aperformance goal of collecting an amount equal to at least sixty percent (60%) of
dre total delinquent base tax amount eachyear. The Fretfully expects to meet this goal, The penalty
the City may invoke if this Is not met is the 30-day cancellation clause. We will meet with the City
staff at the beginning of each fiscd year and establish collection goals.
A ptopused contract is included as Exhibit 16. This contract provides that the City may lerni hate
the contract. In the event the City were to become dissatisfied with the Finn's performance, the City ,
could exercise its right to lerminale the contract. At the end of the contract all tax files will be turned
over to the City Attorney.
McCreary, Veselka, Bragg & Allen _
In assoclalion 0111
Hayes. Coney d Berry, P.C.
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ABSTRACT FEES
ArcCreaQ-, Veselka, Bragg&Allen will not charge an artificially or arbitrarily unposed cost perrrarr
to recover abstract fees as do other tax collection law f inns. As mentioned in the Title Research
section of this proposal, we will utilize the ser%ices of a locally-owned abstract company to provide
title inforuation on real property, or we will sub-contract this work to a minorityownded Land Title
Research company.
B. PUBLIC RELATIONS
An bupottant facet of a comprehensive tix collection program is community awareness. An
informed public rallies behhtd a credible and responsive tax program.
The Finn provides press releases to the local news media, detailing the initiation of collection
activities such as sununary seizures of personal property, mass mailings of delinquent tax notices,
the filing of delinquent tax suits, and public auctions of real property. All of ourpress releases ate
approved by client staff members prior to transmittal to the news nnedia. Appropriate and well-
nttutaged press coverage greatly enhances collection efforts.
In uddit ion, we are available to speak before professional, civic and social groups to explain the goals
of the delinquent tax collection program.
llnyes,Coffey & Berry, P.C., is Irenerally acknowledged as being one of the most actively involved
group of professionals in the Denton comnnunity, having members active in such service organiza-
tions as Rotary, Kiwanis, Elks, Lions and Jaycees, as well as special service groups, such a9 the
Denton County Blue Ribbon Club, Denton Boys and Girls Football, Basketball and Baseball
Programs and Juvenile Lawyer for a Day Program. HCB has directors on the boards of North Texas
Savings and Loan Association, the Greater Denton Acts Council, Denton Rotary Club, Denton
Kiwanis, Denton YMCA, Denton Bar Association, Lake Forrest Good Samaritan Advisory Board,
and Denton Chamber of Commerce, with Richard Hayes being the 1993 Chairman elect of the
Chamber. Pro bond services are performed for such charitable organizations as the Denton County
Pre-Natal Clinic, Ann's Haven Hospice, Birthright of Denton and AIDSDerton.
C. INTERVENTIONS
The Firm intervenes in all suits for property taxes filed by any other taxing unit. Copies of all suits f
filed by t1JcCreary, Veselka, Bragg & Allen will be forwarded to the attorneys representing other
taxing units in order that they may intervene in our suit and avoid the initiation of another suit on
the same defendant by the other taxing unit.
McCreary, Veselka, Bragg % Allen -
In association U-1th
Ilaye3, Coffey d berry, P.C.
57
4
f
McCreary, Ve sclka, Bragg & Allen represents the County of Denton. It is our policy to include all
taxes duc ,ill jurisdictions that are represented by the Finn in a single suit. This avoids the initiation
of multiple suits against the same taxpayer that can tesult when congruent jurisdictions are
represented by different ftnns. It also suea,nlines court proceedures and reduces court costs,
eliminating the intervention fees charged by the District Clerk.
r
D. DISPOSITION OF EXISTING LITIGATION
t
McCreary, 1Veselka, Bragg & Allen assumes the responsibility for all pending delbiquent tax
k litigation involving our clients. The Firm assumes control of the old suit records and amends or files
motions to substitute counsel in all the pending cases.
E. REPRESENTATION IN ALL PROPERTY TAX MATTERS
AlcCreary, Veselka,Bragg&AIlerr provides legal guidance, opinions and representation onproper,y
lax matters to our clients at ao additional charge. Our legal counsel on the calculation and publication
of the effective tax rate and the potential and consequences of tax rollback elections is valuable during
the budget planning process.
The Finn monitors the opinions of the Attomey General, the rules and regulations of the Property
Tax Division of the Comptrollerof Public Accounts and tax related proposals when the Legislature
is In session. We publish a newsletter for our clients each quarter called View Point. A copy is
included as Exhibit 12.
F
Additionally, as current issues arise, we provide bulletins on significant court decisions, opinions,
rulings and legislation invol v ing property taxation to our clients. Our most recent bulletins have been
published keep our clients Worned about pendbtg legislation concerning propeity tax matters.
(Exhibits 13 and 14)
- _ McCreary, Veselka, Bragg & Allen
In association with
Hayes, Coffey & Berry, P.C.
58
F EQUAL LNIPLOYMEN OPPORTUNITY
McCreary. Vcsefka,ITragg & Affen, P.C. (MVBA) is sat Equal Opportunity Empleyerandcomplies
with EEOC guidelines. Applicants for position.ve considered based on their qualifications for the
position applied without regard to race, color, religion, creed, gender, national origin, age, marital
or veteran status, disability or any other criteria prohibited by law.
i
'llte ethnic make up and sex of our staff is as follows:
African
Anglo Hispanic American Gender.
o • F'emute
Attorneys 8 s - dente
Professional staff :.1 -Femute
(Legal Assistants 35 17 • mote
and Managers)
iZ 2 w3-FemI
support Staff 6 • ntcle
Hayes, Coffey & Berry, P.C,, is an Equal Opportunity employer and complies with EEOC
guidelines. Applicants for employment are considered without regard to race, color, religion, sex,
national origin, age marital or veteran status, the presentece of a non-job-related medical condition
or htutdicap, or any other legally protected status.
'Ilse ethnic makeup and sex of our staff is as follows, six attorneys, all male Anglo, twelve support
staff, ten female, two male, one hispanic, one wnerican istdian and one senior citizen,
- - AkCrcary, Vm1ka, Bragg & Allen -r
in association wtth
M3 es, Coffey & Berry, P.C. I
5y
I
G. FINANCIAL STRENGTH
McCreary, Veselka, yragg & Allen, P.C. has been in existence since 1960. With over 350 clients,
,,It Finn lies the financial strength to commit the resources required to administer an effective
delinquent tax collection program. You may contact tie follow•Ing bank officers for theirconurtems
on our financial strength:
Mr. Keith Griffith Dlr. Mike l.itterest
Senior Vice President Vice President
Bank One First State Bank
F.O. Box 9789 F.O. Box 3550
Austin, Texas 78766 Austin, Texas 78761
512-467-5733 512-495-1000
I
mcCrearp Veselko, Bragg & Allcn
in assocfadon KIM
Mayes, Coffer & Berry, P.C.
6,0
i
i
VI. EXHIBITS
r
McCreary, Ve.+elko, Bragg h Allen - -
in association 11-uh
Huy es, Coffey h Berry, P.C.
61
y
F.}:}IlF'•1T' 1 - MILD DETAIL LEITER LE
,[,\(vl\] t
jk.CREARY, VESELKA, BRAGG & ALLEN, P.C.
ATTORNEYS AT LAW
F o. box 2c997
A'25TIN TEXkS787560999
FAX (511I 454 1601
DAIE
i
RE: COUNTY OF EXAMPLE
123 6567 08910
SMITH, Ski E.
111 FIRST STREET
ANYWHERE, TEXAS 79735
NOTICE OF DELINQUE14T PROPERTY TAXES
Dear Taxpayer:
This law firm has been retained to collect delinquent property taxes due to
County of EXAMPLE. According to the delinquent tax records, there are
delinquent taxes on property assessed in your name. The property description,
years due, and the amount due are as follows;
ACCOUNT fl: YEAR(S) DUE:
111223 89-91
TOTAL DUE: $3,I2O.68
PROPERTY DESCRIPTION!
LOT 1, BLOCK 6R, SKYLINE IF PAID DURING CALCULATION MONTH, 1993
PARK. ADDN
If you believe that these taxes are paid, you must forward your cancelled
checks or tax receipts evidencing payment to the Tax Office so the records may
be verified. IE9y_}31LVEOEN.II.Y~IIID~RS_TAXE4~_PIEASE~ISRE~Afl4_.~lild
N4I~~•
This notice is being delivered to all accounts on the delinquent teat roll
regardless of legal proceedings which may be pending or other notices from our
office which you may have received.
I
rnyment must be made to County of EXAMPLE and sent dir^.4Cly to Tax
Assessor-Collector, MAILING ADDRESS, ANYWHERE, Texas ZIP, PHONE.
RETURN THIS LETTER TO THE TAX OFFICE WITH YOUR PAYTIENT TO INSURE PROPER CREDIT.
h
y Very truly yours,
Jack McCreary
r _
_ A111+. L142M1 _ CEN-0M_ ogoO rr O.F"%La VMRA wLnO 190 lw-m~ 1W 16..E..ry 1PN Rwar 11E C.R1f. ql UU."I" /u U1/ em, l00R
g1s1
M'
Ion E0) 1w,I ow. 101 s'$ to NM 10! P7M MW
Lon. TX 4-114201 Anima. To-NW 0.11p to 7wor Lspw 10 ?!543' 1. L'o., 19 Not W.bu?R?Mt INN 100
10111At I.1 1111 IPA 11-0 1101 061 49011 nE 1 nr 10111 VIA, clip PH141 MR:.. 11716,01
u. 1n.,n! p 1 T 101 rn/ l
7
KXHILIT 2 - 11A,RSH ITTAI1 LF11rR nn
McCq Acv, VES=.LYA, BRAGG LA 8 ALLEN, P.C. UU r
ATiO;'~'YS AT AT LA 45' ft~r7
r 0 I)OX 751)9 U
ALJSWU TE:XAS^I'. 7SS OBeo
FAX 1512,454 ~ael
nn r r
I,
P. E: COUNTY OF EWIPLE
193 7654 32100
JONES, JOHN S.
1!5 THIRD STREET
ANYWHERE, Texas 2IP
I
NOTICE OF DE'LTNf1UENT PROPERTY TAXES
Dear Taxpayer:
This low firm has been retained to collect delinquent property taxes due to
County of EXAMPLE. According to the delinquent tax records, there are
delinquent taxes on property assessed in your name. The property description,
years due, and the amount due are as E'ollows:
ACCOUNT fh YEAR(S) DUE:
111225 89-91
PROPERTY DESCRIPTION: TOTAL DUE: $2,030.24
LOT 20 BLOCK 5R, SKYLINE IF PAID DURING CALCULATION MOUTH, 1993
PARK ADDN
If you believe that these taxes are paid, you must forward your cancelled
checks or tax receipts evidencing payment to the Tax Office so the records may
be verified,
legal proceedings may be instituted to foreclose the lien on your property
created by the delinquent taxes if you do not respond within 1L days from the
date of this letter.
This notice is being delivered to all accounts on the delinquent tax roll
regardless of legal proceedings which may be pending other notices from our
office which you may have received.
Payment must be made to County of EXAMPLE and sent ~i,cectly to Tax
Assessor-Collector, MAILING ADDRESS, ANYWHERE, Texas ZIP, PHONE,
RETURN THIS LETTER TO THE TAY. OFFICE WITH YOUR PA17-IENT TO INSURE PROPER CREDIT.
Very truly yours,
Jack McCreary
_ .nrw .el~r,le DCNTOM
c ovitw
I/a l.erw IOH h, w,w - db INO(~G ViCMa,A _
1~ Is IJII il>D IJ11 1
Am,b111}L4t11 IY'fl, 11'901 11""1 1feu lMf plW%3A ~ 11l NI At"I~y^1
00M 44, 111
171}I11110p0 fl'I 1'71110 It01 lrpaw. TA 15MI /f 11, 111H00 neb ,.1A H,01 II
}'11%)7:11 fDG1111311 to
H§%111.1 f1Hi 91 dIN IIR; 11}NII Wye. t1 W91
Tlet ~ 1u }11
EXHIPIT 3 - LENAND LETIER
MCC9EAAV, VESEL 14E 8 ALLEN, P.C, !.1 ~II11~I
ATTORNYS AT AT LAW
IJII'1~1U ~U;Jlll~ ~
P0 BOXZGM
AUSTIN, TEXAS 7875509W I
FAX (5-2) 454 18P1
DATE
1
I
Mr. and Mrs. Sam E. Smith
111 First Street IJ
A41VAEREO Texas ZIP
I
NOTICE OF INTENT TO FILE SUIT
I I
I
Re: Delinquent taxes due on property described as Lot 1, block 6R, Skyline Park
Addition, EXAMPLE County, Texas, Account Number 111223, assessed in the name
of Smith Sam E
Dear Mrr and Mrs. Smith:
This office represents the taxing jurisdiction mentioned below in the collection of
delinquent taxes. A recent i!vestigation reveals the following taxes are due if
paid during the month of CALCULATION MONTH:
1989 $13,149.21 County of EXAMPLE
i
Your payment must be made directly to the appropriate Tax Office at the address
given below. If you have any questions, please contact our office in BRANCH OFFICE.
Unless the delinquent tales are paid within fourteen days, suit will be filed to
foreclose on yoix property. A foreclosure suit incurs court costs and abstract
fees for which you will be personally liable.
Additional notice has been sent, where applicable, to any institution or individual
holding a recorded lien on this property.
Sincerely,
Harvey M. Allen
HMA'^.dg
cc: Tax Assessor-Collector, County of EXAMPLE, MAILING ADDRESS
IiY l.er.M IW/ Ir,N.. - -IONJVi[w 1.1N ON 31W_ VrStOfIM M.W
lNO 7J0 41b1 7V ~w lu~n, IISf..to. 1f1 flu 4oml 1. nu a41a0)4s
Xuan,Ti am.ItOf AHr., it hlp! IJl. 710 OJN71 41101 how ix M 1111.
prnlm, tr7 ' La pw I. Og01 In
IF11 ML b00 IV $11.111f1 p',7j51"w 1M71 fill. 1'If 11711111~01M~1 x1 A11swAl W.&Is4101
11'71 k1•.!1
41171 1701,1
Jir-
•
{
SX]IlE'IT' 4 - NEW O4dN'ER LF.rIER
fr1cCaEA3v, Ves=LhA, BRAG3 & ALLEN, P.C.
ATTUaNEYS AT LAW i
P O BOX r;D)C
AUSTIN 1LXAS7e7ss0W
FAX ( 512; 4541961
DATE
Mr. and Mrs. John Smith
500 Skyridge
ANYWHERE, Texas ZIP
Re: Delinquent taxes due on prururty cescribed as Lot 3, Block 6R, Skyline Park
Addition, EXAMPLE County, Texas, Account Number 112223, assessed in the n.une
of Bottum Joe
Dear Mr. and Mrs. Smith:
This office represents the taxing jurisdictions mentioned below in the collection
of delinquent taxes and a recent check of the tax records reveals you to be the new
owner of the above described property. Delinquent taxes are due as follows, if
paid during the munch of CALCULATION MONTH, 1993:
1989-lV0
$14,683.23 County of EXAMPLE
Property taxes are a lien agairst the property. Under Texas law the current owner
is responsible for the payment of the delinquent taxes to protect his interest in
the property. The property description, years due and the am)unt due, if paid
during the month of December, are sho,.rn for your information. Your payment should
be made directly to the appropriate Tax Office at the address given below.
Due to the fact that previous notices of this delinquency may not have reached you,
no further action will be taken by this office provided payment is made within
fourteen days.
If yuu have any questions, please contact our office in BRANCH OFFICE.
Sincerely,
Harvey M. Allen
HMA:edg
cc! Tax Aasessor-Collector, County of E.2.AM11E, MAILING ADDRESS
AWN DCnTC4 LDNDVI[W l,4 IN6010 Vm04A _ WAW
Irthk'l. 1S11f ir„41~41r 1070 MAa2 IID GAIrV 171 DI'IAA/•4 1a 1210 P, IEaV A.e4
W114'JO 4A*I 014101 IAV lb Wb 001 4124 va, 1004 NN
AA F, 141nm 4201 Abee,#111.0) D .n, 11)4!01 L.p. 11 rW In Ase. TO %K1 Vfaa to 71T2 W4450
11121011000 191k V241'4 14010111V1 IWil VIl,l 0'm a,.0'. 4171M 44 044 n NNI
11111 WS Nn1111g1
y
F.kilf!',11' S - I,fG~;ll!ILUER Ll'f'ffR
McCgEAgr, VESELKA, BI;AGG & ALLEN, P.C. nn ( r
ATiEXA'j AT LAW
i' ttL
O KX.c9il0 f`-:\11\Jl Lljf_.111111IJi ~If~'1
AUSTIN 78755-0?d)
ft4 1 (5 (P~2) 7) 45'4 t 8B1
DATE
I
Donun Developement Company, Inc.,
Lienholder (In Rem Only)
R Mr. David Dowd, President
5420 El Salido Drive
Anywhere, Texas 76107
Re: Property Description! Lot 1, Block 6R, Skyline Park Addition, EXAMPLE County,
Texas, Account Number 111223, assessed in the name of Smith Sam E
Dear Mr. Dowd:
The above described property is to be processed for foreclosure sale for delinquent
taxes due the taxing jurisdictions mentioned below. The amount if paid during the
month of CALCULATION MONTH, is as follows;
1989 $130149.21
County of EXAMPLE
During my investigation of the property And records, I have discovered that you hold
a recorded lien on this property. It will be necessary, therefore, that you be
included as a party to the foreclosure suit. If the lien has been released or
transferred to another party, please advise us accordingly, in order that you will
not be included in the suit. Unless we have been advised within 14 days that the
lien has been released or transferred, suit will be prepared on this property for
the foreclosure of delinquent taxes and you will be named as a defendant. The tax
lien is a superior lien and our foreclosure action will extinguish your lien on the
property.
Additional notice of these delinquent taxes has been sent to the property owner.
L If you have any questions, please contact our office in BRANCH OFFICE. 1
If you desire any further information, please do not hesitate to contact us. Your
immediate attention in this matter will be appreciated.
Sincerely,
HMA:edg Harvey Id. Alien ,
cc: Tax Assessor-Collector, County of EXAMPLE, MAILING ADDRESS
.slim A4ltN1 _
GCN 10N
11011N1. 15,111 flue,., - 10! W N',Am, 1low TO AN 4N 9[l<)
WnJ'-0 YK fOrtLL " Mo.
rf/ / WICO
JwM.Tn / N1 IJn Ip p ,O Taw
Gl1.tii+,
1'JI 1201 16~n,. f! NJn Jp w 1. 1
IT 111 N00 1/AJ1 DAII. 1111201 WYE IIJNYYn MW10 hNJ II•1, 111111) 0 11 J/JJL/ l IwY171 pr.., '1I TO 1,$111 W* Ytd,01 4*P4l n
'N 04 N1
III fl Nrlnl nvk11111oJ 61%10
II111 64#604 Y101" "A
to 1
11111 711J
IM
E7;HIPII' 6 - Di,l"AUL.'[1D 1'AY0111' LETrfR L
MCCREARY, VESELKA, BRAGG & ALLEN, P.C. (~~](([fff~~~~~L r
ATT07NEYS AT LAS! i r.o nox2ea?o
AUSTIN, 1E~AS787550??7
rl.X 15121 151 1 681
DATE
Mr, and Mrs. Sam E, Smith
I!1 First Street
ANYWHERE, Texas ZIP
NOTICE OF CANCELLATION OF PAYOUT AGREEMENT
Re: Delinquent taxes due on property described as Lot 1, block 6R, Skyline
Park Addition, EXAMPLE County, Texas, Account Nu7rlber 111223, assessed in
the name of SMITH SAM E
Dear Mr. Smith:
]'h1~le_tt.et.~~~~i,nQ~rnt to._yau.~€cayss+_5'vs~_t:cite_d_etaul.t€d_oIl_y.~yr_P~YOI~4
a&-cc=nit with the-Im-Rffics.
fhe above described properties are to be processed for foreclosure sale for
delingr•5nt taxes due the taxing jurisdiction mentioned below. The total
amount due, if paid during the month of CALCULATION MONTH, 1993, is as follows:
1989 $139149.21 County of EXAMPLE
Your remittance should be made directly to the County of EXAMPLE Tax Office,
This will further advise that unless the above sums are paid immediately, it
will be necessary to proceed with the foreclosure of the tax lien created by
the above mentioned taxes.
Additional notice has been sent, where applicable, to any institution or
individual holding a recoried lien on this property.
If you have any questions, please contact our office in BP.ANCH OFFICE,
Sincerely,
Iiarvey M. Allen
LIMA: edg 1
cc: Tax Assessor-Collector, County of EXAMPLE, MAILING ADDRESS
wnm ~euet ot..,oN waavrlw 1.14W1n71a _ MTOMA wug
IWlblk,ft IW11 ti,Mr.q ]p,W WJ,v, --let"to, 111 U.Lwl h1]tl 04 W11IIrI
1u4]0/ WM1I I.Ifi rpl Wn am NN1a1 1174 M.n 1ocN 1111
1u.T. I, WI tl11 140. 1. II bW# w,m„1, IWw Isfr~. t] 1N71 1. "o1 ?I AIG M.14 IWIla] WnM
ISiA N,'~r IP111!]u'0 1111111NLI IWi T1.1,11 lfi SI NION
q ]I!7p1 If!]I117141 wrl MWIS
ItN MW IS
I
EXHIBIT 7 - 5 YEAR NOTIFICATIO' 'ETTER
1 ~1 ri TMr~
fACCREARY, VESELHA, BRAGG & ALLFN, P.C.
ATTORNEYS AT LAW
F C nCx 2c3so I. U
A!JSTiN, TEXAS 1615-0))0
FAX r,5121 45d !861
UA'I E
DELINQUENT TAX NOTICE
County of T1%AMP1,E
ACCOUNT (1:
10234-00987-00020
110 le 3335 112 0011330
SMITH JACK PROPERTY DESCRIPTION
P 0 POX 10827 AB 461 ELK 13 SECT 31 H&GN SUR
ANYWHEPE, TX ZIP 640.00 AC
YEAR(S) DUE: 88-90
TOTAL DUE: $189.82
IF PAID DURING CALCULATION MONTH, 1993
Dear Taxpayer;
This office has been retained to collect delinquent property taxes due the
above tax jurisdiction. According to the delinquent tnA records, there are
delinquent taxes on property assessed in your name. The property description,
years due, and the amount due have been set forth above.
If you believe that these taxes are paid, you must forward your cancelled
checks, tax receipts or other evidence of payment to the Tax Office so the
records may be verified. If you sold the x"j property, or wish to discuss
this delinquency with a representative of this office, please notify the Tax
Office. I~141L)iA4tF~~Fd?TI Y~AIILTFI.6~> ~152iE, EA: E,1LI5k ESiAR~xHSQTI~E .
This notice is being delivered in compliance with the Texas Property Tax Code,
Section 33.04(b). This law requires delivery of a notice of delinquency
regardless of legal proceedings, abatements, installment payments, deferrals
or any oth-r impediment to the collection process. 1
LF_.Tlil$-l1Q~04~NT IS L~NDFR T}iF,-118.(SpICTION 0~'~HE FEDERAk_~fIN1~RUPTCY~U81' 7FL~F'd
THJB_LE.TTBR_I~~9.T~E3Hc &ENT_FQR..C9LLE:TION ~~IRPO~BS__BVT_TQ_SArI~£Y_. TH.E
N9T,LG~A~Qi~IB£~SELi'~.S.F~f~XfiS_~A9~FR'lY_7L~~QP_E_~ECTLOL~3~D4(IzL
RETURN THIS LETTER TO THE TAX OFFICE WITH YOUR REMITTANCE TO INSURE PROPER
CREDIT FOR YOUR PAYMENT.
Very truly yours,
Jack McCreary
NJ37M NInrN1 DENi9N wnpvEw uN Motto y,clonA PAM
trot Al iUd7 t•{.i..n »7w N,anr +b E.«t/. Ifl n{~ry+ w+r/ y a.w r,y
SAWjX /JI./ Ail. III IJ1191c 1wNre VIN Wall lot I M
{me. t076.31 Vol 9M1e.. TA ?W1 N'"t. Iwo Lm TN.. 7,7.401 I.4g0l, f R NN9 Me,k to ?,PI UII.,,x
019IsSol wi,rlm/ Irrlrsis.l Iau7s•s7sf
It'!I N>0I04 091 l79W1 Wee,"AMI
U 1 it 9!'OI II I fl 1y{7711
I' E 'J' I T1 0 N
Nu, i
COLrNTI' OF EX&NF'LE ET Al,
VS.
Sfhi SN11'11 ET AL
IN THE DISTRICT COURT OF
EXAMPLE COL74fY, TFXAS
TO TIDE HONORAELE JUDGE. OF SAID COURT:
the use andeuenefityoffallI~olitica1lcsluldiviaionsbfurllion for itself d for
property taxes, hereinafter called Plaintiff, and for cause of actiantasn
Plaintiff would show the Court. the following:
r.
Defendants are:
Sam Smith, 111, Morningside Circle, ANYWHERE, EXAMPLE County, Texas ZIP;
United States of America through its agency and inatrtunentality, the Small
Business Administration, Lienholder (In Rem only), by virtue of a lien
recorded in Volume 55, Page 231, of the Deed Records of EXAMPLE County, Texas,
upon whom service may be had by delivering a citatio- to the United States
Attorney for the Western District of Texee, Mr. Rona L F. Ederer, U.S.
Attorney at Lew, 727 E. Durango, Suite A601, San Antinio, Bexar County, Texas
78206,
XYZ Oil, Inc., Lienholder (In Rem Only), a Texas corporation, upon wham
service may be had by delivering a citation to its President or any
Vice-President, ? 0 Box 1404, Houston, Harris County, Texas 77251,
who own or claim some interest in the hereinafter described property, which is
situated in EXAMPLE County.
II.
All of the above named defendants own or have an interest in the property
shown on attached Schedule A.
III.
That as to each tract separately assessed there are delinquent taxes and
ice"uedd statutory penalties and interest j,.istly due, owing and unpaid against
property described, for the years and in the amounts as shown on attached
Schedule A, which is incorporated herein by reference and made part of the
aIlegationa of this Petition.
{
r,xltJPlr ~-h f~r~f1
I!' i . I u
IV.
That all said taxes were authorized by law and each political subdivision
it' whose behalf this suit is brought was 1c011y constituted and authorized to
levy, assess and collect the same and all of said taxes were duly and legally
levied ad assessed against snid property and the owners thereof (if know,),
and Plaintiff now has and asserts a lien en each tract of real property
described and mentioned in Schedule A to secure the payment of all delinquent
taxes, accrued atntutory penalties and interest, and fifteen percent
attorney's fees and costs due thereon; and all things required by law to be
done have been duly and legally performed by the proper officials.
V.
on January 1 of each of the years for which taxes are shown on Schedule A
to be due, each itera of property listed and described therein was situated
within the boundaries of the Plaintiff and liable for and subject to taxation
by Plaintiff by virtue of the laws of the State of Texas. Each Item or parcel
of such property was, for taxation, duly and legally rendered by and assessed
against the persona, firms, or corporations, respectively, for each delinquent
year, which persons, firms or corporations were on the Ist day of January of
such year the lawful owners of such property, and in the alternative,
Plaintiff says that if th,) property was not rendered by the Defendants, that
the said property was assessed for taxation by the Assessor and Collector of
taxes as is required by the Statutes of the State of Texas.
V1.
The eattoriey whose
and e prosecute signed this hereto
action legally authorized t of r the dPland
aintiff.
Plaintiff is authorized by low to recover fifteen percent of all delinquent
taxes and accrued statutory penalties and interest as attorri-y's fees.
VIl.
Plaintiff has incurred certain expenses in procuring data and information
as to the name, identity, and location of necessary parties and in procuring
necessary legal description; of the property, which expenses are reasonable,
and are shown on Schedule A as Abstrnctnr's Cost. for which Plaintiff preys
for judgment as costs of court.
EF,11I1'1T S-C J 7
VilI.
WHEREFORE, Plaintiff prays for judgment for fore.,losure of the tax lien
ngainst the property described oil attached Schedule A securing the payment of
the delinquent property taxes set gut on attached kichedulp A, together with
all accrued statutory penalties, interest, attorney's fees and costs and
subsequent year truces or expenses that arc or will become, legally due and
owing under the provisions of Sections 33.41, 33.48, 33.01 and 33.07 of the
Property Tax Code. Plaintiff also prays for personal judgment against said
defendants who had an ownership interest in the property described on attached
Schedule A on January 1st of the applicable years shown on Schedule A for the
total amount of delinquent property taxes, penalties, interest, attorney's
fees and costs of suit together with interest thereon from the date of
judgment at the highest rate allowed by law. Plaintiff prays for other such
relief both general and special, either at law or in equity, to which
Plaintiff may show itself entitled. Plaintiff further prays that personal
judgment shall not be imposed against any parties designated in rem.
McCREARY, VESELRA, BRAGG 6, ALIM, P.C. `
Attorneys for Plaintiff !
P.O. Box 26990
Austin, Texas 78755
512-451-9000
By
ilarvey M. Allen
Statn Bar 1101034500
CF li_'>: iF1CB1 E_2F -LjMRb
I hereby certify that a copy of Plaintiff's Petition has )eon delivered to the
Defendant, the United Slates of America, by placing in the United States Mail
addressed to the U. S. Attorney General, Department of Justice, Washington,
U. C. 20530.
On this the day of 194__..•
Harvey M. Allen
I
IIT S-d l
''VLt'ULF A
DE'LI;Ji1UF'.NT 1AXES DhE E}7•~4F'LE County
ACC'OLRJT J;UMBER: 04900-050036',-1 1
i
Pi',OfFRTY DESCRIPTION: Lot 6, RlosF 55, Coldtush Addition to the City of tLVlwIIER(:.
P.XPdIE'1 E County, T'era5 lLeing LltoL piup-rty mete patticulat ly described i,, Volume 1?.
Page 102 of the Deed Records, L' ,IPLE County, Tes:as
ASSESSED NAME: SMITH SANI
1D NUMBER: 922DCFJ2
YEAR RASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL
DUE INTEREST PENALTY FEES FEES 0/93
1990 326.03 117.37 443.4D
1991 987.39 236.97 1,224.36
313.42 354.34 1,667.76
W h W W Y, Yt
AMOUNT DUE
I
EXAMPLE County
BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT AMOUNT
INTEREST PENALTY FEES FEES DUE
1,313.42 354.34 1,661.76 0/93
I
11680.90 0/93
rt fi h # ~ h
TOTAL AMOUNT DUE IN SUIT
BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL
INTEREST PENALTY FEES FEES DUE
i
1,313.42 354.311 1,667.76 11/93
11680.90 11/93
THE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF THE
COUNTY WHERE THE SHIT IS FILED. TEXAS LAW MAKES YOU RESPONSIBLE FOR
PAYMENT OF THESE FEES. PLEASE CONTACT THE DISTRICT CLERK. FOR THE
AMOUNT DUE. THESE FEES MUST BE FA1D BEFORE THE SUIT MAY BE DISMISSED.
CAUSE NO.
IN THE DISTRICT COURT OF EXAMPLE COUNTY, TEXAS
COUNTY OF EXAMPLE ET AL
VS.
SAM SNITH ET AL
CITATION RY FERSONAL SERVICE IN DELINQUENT TAX SUIT
MCCREARY, VGS£LKA, LPAGG & ALLEN, P.C.
Attorneys at Law
P.O. Pox 26790
Austin, Texas 78755
j ATTORNEAS FOR PLAINTIFF
it ,4 ,F {r n ,4 {t rt {r +4 h ,4 ,4 {r t4 {r {t tt 1'r {r
E F ~1 P.;_i_~I_l Y 8B4NA ~~1S~E
CAME TO HAND on the day of at
o'clock and executed in County,
Texas, by delivering to the within named defendant, IN PERSON, a true uopy of
this citation, at the following time and place, to-wit:
NAME OF DEFENDANT MONTH DAY YEAR HOUR MIN. AMITM WHERE SERVED
Sam Smith, 214 Morningside Circle, ANYWHERE, EXAMPLE County, Texas 79735
FEE for Service
SHERIFF, County, Texas
BY -W~. _ , Deputy
RET.~1+~~'_~LT!1~I9?~.~_~.~E.B~£i4~u f7AS1,
CAME TO HAND on the day of at
o'clock -__M., and executed in County,
Texas, by mailing to each of the within named defendants, by cettif0d. mail,
return receipt requested, a true copy of this citation at the fallowing
address on the following date:
NAME AND ADDRESS CERTIFIED DATE DATE RETURN
OF DEFENDANT MAIL RECl1 MAILED RECD1 RECVD
CLERE, DISTRICT COURT SHERIFF, Texro
'r EXAMPLE COUNTY, TEXAS
By Deputy By Deputy
FEE for Service
I
I
I
1
CI'iAT101d ULL1p~~UE'Jf TAX sui'i'
THE STATE OF TEXAS
'iD: Sam Smith, 214 Morningside Circle, A~;1lv'1fER,E, EXkM11F County, Texas 79135
Defendant, GREETING:
You have been sued. You may employ all attorney. If you or your attorney do
nut file a written answer with the cl^rk who issued this citation by 10:00
a.m. on the Monday next following the e>:piration of twenty days after you were
ee:ved this citation, a default judgment may be taken against you. You must
answer the petition of County of EY.AMPLE, plaintiff, filed in said Court
un 19____;' against-Sam Smitl,, Small Business Administration,
Licnhnldcr (in Rem Only) and y:Y7. Oil, Inc., Licnholder (In Rem Only),
_ Defendants the nature of which demand is a suit to collect delinquent property
taxes on the property described on attached Schedule A, said suit being
numbered on the docket of said Court number The total amount
of delinquent tares due Flaintiff, exclusive of accrued statutory penalties
! ntnd interest, coats, and attorney's fees is the sum of $1,313.42, said
property being more particularly described as shown on attached Schedule A.
The defendant to whom this citation is directed has a legal interest in the
following property included in said suit. ALL, and the total amount sued for
on such property is as showy[ on nttacbed Schedule A, and all costs of Court.
Plaintiff and all other taxing units w4io may set up their tax claims herein
seek recovery from defendants of delinquent property taxes on the property
described on attached Schedule A, and in addition to the delinquent taxes, all
accrued statutory penalties and interest, costs, and attorney's fees allowed
by law thereon up to and including the day of judgment herein, and the
establishment and foreclosure of tax liens securing the payment of the same as
provided by lew. However, Plaintiff does not cock to impose personal
liability on defendants designated as lienholders. All parties to this suit,
including Plaintiff, Defendants, and Intervenor, shall take notice that claims
not only for taxes which were delinquent on said property at the time this
suit was filed, but all taxes becoming delinquent thereon at any time
thereafter up to the day of judgment, inoludinF all accrued statutory
penalties and interest, costs, and attorney's fees allowed by law thereon,
may, upon request therefore, be recovered herein without further citation or
notice to any parties herein, and all said parties shall take notice of and
l~.✓ plead and answer to all claims and pleadings now on file and which may
hereafter be filed in this cause by all other parties hereto, and by all of
those taxing units above named, who may intervene herein and set up their
respective tax claims against said property. The officer executing this
return shall ptemptly serve the same according to the requirements of law and
the mandates hereof and make due return as the law directs.
Issued and given under my hand and seal of said Court at ANYWHERE, Texas, this
the y of 19_-.----
0 erk of the District Court of EXAh1F1E County, Texas
B , Deputy Clerk
EXHIBIT 9-g f-i
SCHEDULE A
DELINQUENT TAXES DUE EXAMPLE County
ACCOUNT NUMBER: 04900.0500365-RI
FROFERTY DESCRIPTION: Lot 6, Block 55, Goldrush Addition to the City of ANYWHERE.
EXAMPLE County, Texas being that property more particularly described in Volume 19.
F,:ge 102 of the Deed Records, EXAMPLE County, Texas
ASSESSED NAME: SMITH SAM
ID NUMBER: 922D6KJ2
YEAR BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL,
DUE INTEREST PENALTY FEES FEES #/93
1990 326.03 117.3' 443.40
1991 987.39 236.97 1,224.36
1,313.42 354.311
1,667.76
fi h JVfi ~
AMOUNT DUE
EXAMPLE County
BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT AMOUNT
INTEREST PENALTY FEES FEES DUE
1,313.42 354.34 1,667.76 #/93
11680.90 #/93
a+.nna,t
TOTAL AMOUNT DUE IN SUIT
BASE TAX PENALTY & SEC. 33.07 ATTORNEY ABSTRACT TOTAL
INTEREST PENALTY FEES FEES DUE
1,313.42 354.34 1,667.76 #193
1,680.90 #/93 '
THE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF THE
COUNTY WHERE THE SUIT 15 FILED. TEXAS LAW MAKES YOU RESPONSIBLE FOR
PAYMENT OF THESE FEES. PLEASE CONTACT THE DISTRICT CLERK FOR THE
AMOUNT DUE. THESE FEES MUST BE PAID BEFORE THE SUIT MAY BE DISMISSED.
I
{
~I
EXHIBIT 9 - 140TICE OF TRIAL LETTER
MCCREARY, VESELKA, BRAGG & ALLEN, RICi. I L j 1 3
ATTOA lEYS AT LAW :J li .1 l-I :.D
PA Box 2fiD o
` AUSTIN, TEX AS '6755 09M7
FAX (51:) 454 1881
DATE
P 129 362 426
Mr. and Mrs. Sam E. Smith
!dl first Street
ANYWHERE, Texas ZIP
NOTICE OF TRIAL
Re: Cause No. #04000, County of EXAMPLE et al vs. Sam E. Smith et al, District
Court, EXAMPLE l.ounty, Texas
Property Description: Lot 1, Block 6R, Skyline Park Addition, EXAMPLE County,
Texas, Account Number 111631
Dear Mr. and Mrs. Smith:
This letter is to advise you that this case has been set for trial in 0101 District
Court of EXAMPLE County on DATE AND TIME.
A recent check of the records indicates taxes due as follows if paid during the
month of CALCULATION MONTH:
1939 $13,149.21 County of EXAMPLE
Additional penalty and interest will accrue if these taxes are not paid during
MONTH.
Payment must be made directly to the appropriate Tax Office at the address given
below.
In addition to the delinquent taxes due, court costs (such as filing fees.
sheriff's fees, etc.) due the Clerk of the Court must be paid before the suit may
he dismissed. Please contact the Clerk of the District Court for the amount due.
Sincerely,
Harvey M. Allen
HMA:edg
cc: Tax Assessor-Collector, County of EW1rLE, MAILING ADDRESS
District Clerk, EXAMPLE County
f
AUSTI6 ljr[ 0[MION [oYO VifN SAN"011A M'GTCAA 11'40
-1" 82. IW1!NINIby WIN Nunn, 11C[.n Tom' 116 a.me.-n 6. lilt OA4 t"VINN,
WIN 110 9.180 1"N101 WN 710 Wnfa/ 1101 MN, INN011.
A.N TN?, 111141 W.4111„01 M+n TN7f,[1 wtw•i. 11401 or AI IN Nb1 a.m N7AT/101 Wn WO
Il ql 111 WOp 111111.141.1 111 111011141 tow, n? ITS? VL U121No tlln rip" M1eA 11 H^01
11111111 W$ lilt Tl.nu
's E
COLRJTY OF EXAMPLE § IN THE DISTRICT COURT
PLAINTIFF §
V.
§ #60 JUDICIAL DISTRICT
SAM SMITI ET AL §
§
LEFENDANT 5
S EYANFLE cotr.ry, IEXAS
On DATE, came on to be heard the nbove numbered and entitled cause,
wherein County of EXAMPLE is the Plaintiff, and wherein San Smith, Small
Business Administration, LienhoIdcr (In Rem Only) and XYZ 011,
Lienholder (In Rem Only), are Defendants.
All parties being properly before the Court, and having heard the
pleadings, evidence, and argument of counsel, the Court is of the eoinion that
the Plaintiff have prevailed on all issues and should have judgment in
personum and in rem, and for foreclosure of tax liens and for order of sale.
IT IS THEREFORE ORDERED, that all properties and party Defendants not
specifically named herein are dismissed without prejudice to the rights of the
Plaintiff to refile the same or similar action against those dismissed.
IT IS FURTHER ORDERED, that there is due, to Plaintiff in the capacity in
which it sues the following amounts of delinquent property taxes and accrued
,statutory, penalties, interest, costs, expenses, and attorney's fees upon the
following described property, the market value of which as of the date of
trial is found to be as below stated, as set out in schedule A immediately
following, together with interest at the rate of ten percent (10%) per annum
J on all of these sums from date until paid:
5--CAU_D_l!_L E_
Delinquent taxes accrued statutory penalties and interest, fifteen percent
attorney's fees and cost due for which judgment is herein rendered covering
all years delinquent at the date of this judgment.
000.00:
ACCOUNT NUMBER: 04900-0500365-RI
PROPERTY DESCRIPTION: Lot 6, Block 55. Coldrush Addition to the City of
ANYWHERE, EXAMPLE County, Texas being that property more particularly
described in Volume 19, Page 102 of the Deed Records, EXAMPLE County, Texas
ASSESSED NAME: SMITH SAM
ID NUMBER: 922D6KJ2 000 000001001
$1,667.76 Due to EXAMPLE County
For Tax Years: 1990-1991
$1,667.76 Total Due
Market Value
i
!'.XHIfl1T IU-b I
Alt of ttie foregoing property tieing 1,-c,te,i in County of EXAP91'LE, F.X/uIF'LE
County, I?Xas.
i
IT IS FURTHER ORDERED, that Plaintiff have personal judgment against
Defendant Sam Smith in the rmnunt of togethet with all costs of
court and sale now or hereafter incurred. In the event one or more of the
Uel'eudants shall pay off and dischart-.e all of the anuuuts herein ad u+j
be due against one or more tracts, prior to the holding of the foreclosure 1
sale hereinafter decreed, such Uefendattt shall be liable only for tlic pro rata
part of the accrued costs properly chargent,le to such tract or tracts; but the
proceeds of any foreclosure sale in this cause shall be applied first to the
payment of all accrued costs of suit and sale, and any residue shall be
distributed pro rata to Plaintiff as provided by law. Small Fusiticss
Administration, Lienholder (Iu Rem Only) and XYZ Oil, Inc., Lienholder (In Rem
Only) shall incur no personal liability for the sums set out in this judgment.
AND IT IS FURTHER CdDEREU, that a statutory tax lien exists on each
property, for the amount of delinquent property taxes and accrued statutory
penalties, interest, costs end expenses herein adjudged to be due on each
property, which statutory tax lien is a prior and superior lien to all claims,
right, title, interest, or liens asserted by any of the parties defendant
herein, and that Plaintiff have foreclosure of its lien on each property as
against all the Defendants herein or any person claiming tinder the Defendants
by any right acquired pending this suit; that an ORDER OF SALE be issued by
the Clerk, directed to the Sheriff or any constable of this County, commanding
such officer to seize, levy upon and advertise the sale of each property, and
to sell the same to the highest bidder for cash, as under Execution, provided
that the property shall not be sold to a person owning an interest in the
property or to any party to the suit other than a taxing unit for less thin
the market value of the property stated in the judgment or the aggregate
amount of the judgments against the property, whichever is less. It is
nrdered that the net proceeds of any sale of such property made hereunder to
any party other than a taxing unit who is a party to this suit shall be
applied to satisfy the judgments and liens foreclosed herein, but any excess
in the proceeds of sale over and above the amount necessary to pay the
judgment amount due, defray the costs of suit and sale and other expenses
chargeable against the property, shall be maintained by the clerk of the court
in an interest bearing account in accordance with the provfsio..s of the
Property Tax Code; that the owner of such property or their heirs, assigns, or
legal representatives, may redeetu such property in the time and manner
prescribed by law; that the officer executing the Order of S,le shall make
proper conveyance to the purchaser or purchasers of the property as prescribed
by law, subject to such right of redemption; and that all other writs of
execution and any process necessary for the enforcement of this judgment shall
issue. The Sheriff or proper officers shall place the purchaser or
purchasers, or their heirs, executors, assigns or administrators in possession
of the property so purchased in accordance with the law of the State of Texas.
All relief not specifically Itrant~-d by this judgment, is hereby denied.
SIGNED this the day of
APPROVED AS TO FORMI JUDGE fRES]UIIJG
Harvey M. Allen
State Bar Number 01034500
ATTORNFY FOR PLAINTIFF
EXIIBIT 10-c
AESTRACT 4F__Ju DGMEr±T
1, the undersigned Clerk of the below named COURT, certify that on the
DATE OF JUDGMENT given below, judgment was rendered in this COURT in a cause
of the STYLE and NUMBER given below in favor of the below named PLA114TIFF in
the AMOUNT ascribed below to each, plus COURT COSTS and TITLE RESEARCH
EXPENSE, and against the DEFENDANT(S) below jointly and severally, but not
against the OTHER DEFENDANT(S) below which OTHER DEFENDANTS bear no personal
liability in that judgment. The AMOUNT of the judgnent bears interest at the
rate of 10% per annum from the DATE OF JUDGMENT, as specified in the
judgment. The BALA14CE DUE ascribed to each PLAINTIFF and the TOTAL BALANCE
DUE is still due from the DEFENDANT(S).
COURT: District Court of EXAMPLE County, Texas
STYLE: County of EXAMPLE v. Sam Smith et al
NUMBER: !
9955 DATE OF JUDGMENT: MONTH, DAY, 1993
PLAINTIFF: EXAMPLE County
AMOUNT: $1,667.76 BALANCE DUE: $1,667.76
COURT COSTS: _
TITLE RESEARCH EXPENSE:
TOTAL BALANCE DUE:
DEFENDANT: SAM SMITH
DATE OF BIRTH. not reasonably available
DRIVERS LICENSE NO. not reasonably available
ADDRESS: 214 Morningside Circle, ANYWHERE, EXAMPLE County,
Texas 79735
OTHER DEFENDANTS: Small Business Administration, Lienholder (In Rem Only) and
XYZ Oil, Inc., Lienholder (In Rem Only)
RECORDED: VOL. PACE of the records of the WIRT,
I further certify that the PLAINTIFF above in whose favor judgment was
rendered, applied for and received delivery of this abstract of judgment upon
due payment of the fee allowed by Inw.
Given under my hand and official seal this
_ day of E9_.
Clerk of the above COURT
'I
1
EXHIPIT 11 - NUTICE OF INTENT 70 SELL rECPERTY LETTER
NcCREARY, VESELKA, BRAG & ALLEN, RC.
ATTOR!IF1'S AT LAW
P,O. r. ~Y 269JJ '
A'.JST14. TEXAS 73755 CM
FAY,512 a5a 1631
PATE
NOTICE OF INTENT I'0 ',;EL:, PROPERTY
Mr. Jack S. Jones
1253 Seventh Street
ANIVI]FRE, Iexss ZIP
RE: Cause No. lk###, County of EXAMPLE et al vs. Jack S. Jones et all
IJI!#
District Court, EXAMPLE County,Texos
Property Uescription: 12.000 Acres out of Abstract 190 of the X. 11.
Douglass Survey, EXAMPLE County, Texas, Account Number 2240-5555-0030-11
Dear Mr. Jones:
Judgment has been obtained in the Ikflll District Court for delinquent property
taxes due the County of EXAMPLE, Texas.
This judgment hag not been paid ns of this date. The total amount of taxes,
penalty, and interest due is as follows, if paid during CALCULATION MONTH,
1993:
1988-1990
$1,330.90 County of EXAMPLE
Unless the taxes, penalties, interest and court costs are paid within fourteen
days, the Sheriff will be requested to sell your property for the amounts due,
Payment must t3 made directly to the County of EXAMPLE Tax Office at the
address given below.
If the Court Costs (such as filling fees, sheriff's fees, etc.) have not been
paid, the judgment cannot be released. Please contact the Clerk of the
District Court for the amount due.
Sincerely,
I
Nana, y M. Allen
IIMA:edg
cc: Chief Appraiser, County of EXAMPLE, MAILING ADDRESS
au1rM AILM D[YrOY v.Ya+nv I,Y mono wcrolw w.:
M$ er: r 11 I S14 1 b,e.» o
r.Mix WI'l N 70 /iu1. x 101 , W4 ei11 IN 1 M 1l 11a
I aw 0., it 111H 4200 Adir1, 11 WS D1n1en, b lalol Lim 1d I M 4h
a f00Y It 11
L.P. 10 /r
U91 aS1 Nd if 114,14870 11,11303 )544 IY611 1,11l'{?
1 l/pt5t-0-NA1 Y~ne~r t>t i1g1 11j% bO I
W /111.'1-, IIr1', PO/111 to 71101
1411 11!{
I
tsn 12
NICCREARY INSIDE
VESELKA
BRAGG & Resales of Property Bid 1
ALLEN, ATTORNEYS AT LAW InTrust
by: Shelburne ti'eseaa
MVBA Offices 2
s~
Hoop Greenhouses are 3
VIEWP.. OINT Taxable
f pt by: Kirk Swinney
II
MVBA Telephone 5
11 Extenslo is
MVBA Calendar 6
It Resales Of Property Leonard 9
Bid In Trust by: Roy 1 Armstrong
~r
by Shelburne J. Veselkn Homestead Exemptions 10
for Property Held in Trust
I 1 by: Roy L. Armstrong
What do you do when your tax foreclosure sale We to attract a bid?
i During the past few years a greater number of tax foreclosures have
failed toettractbidderebecausebiddershavebeen hesitant to offer the
° minimum bid. The general rule applied todetermine the minimumbid
is that the opening bid shall be either the total amount ofthe judgment,
k which may include costs, or the adjudged value of the property, As always, our office is open to your
i t whichever amount is lower. Since tax deeds are not well received by questions and /or suggestions. We wel.
title insurance companies, }rospective purchasers will not bid any comeyourcommenfa,aopleasefeelfreeto
:f where near the adjudged market value of the property. Obviously, the forwordfhemfoourNewslRfrrsfgJfptfhe
i role end with the property sold pursuant to TEX. PROP. TAX CObF following address:
434.01(c) and title passes to a taxing unit in trust. The question now
I t becomes, "Can the property be sold for an amount lower than the bid P.OMcCreary. &
. Box 2 Veufka, Bragg Allen
i'1 established in the judgment?" Austin, 26990
A rrsNn, I'esaa 78755-0990
4 The provisions for resale are setout inTEX, PROP. TAX CODE 434.05. 14 This section authorizes either a private sale 1§34.05(b)) or a sheriffs Aa oe. Editor--Susie Herring
sale 1134.06(c) and (d)1, The several methods which can be utilized to Coordinator•Phalby Porter
s affect a private sale will be discussed later. The procedure for the
p 1 sheriffs resale are substantially the same as the initial sheriffs sale. Copyright 01993, McCreary, Vesetka
The two major differences are that the process must be initiated by a Bragg & Allen, P.C. All rights reserved.
resolution of a taxing unit's governing body and that the sheriff can
i acceptany bid which is sufficient, based on the officer's judgment. The
conducting off'icer's acceptance of e. bid is conclusive a nd binding on the
VOLUME X
- SPRING, 1993
i
McCREARY, VESELKA, BRAGG & ALLEN
(Resales continued from page 1) resale are that the taxing unit ditional duties or bear the costa of
does not have to be involved in s,,chsals.Thesereasons lead tothe
the process and that any taxing private sales process.
ques ion of sufficiency. The sufri- urut( an initiate the process, not
ciency of the bid can only be at• just the unit listed as trustee. Section 34.05(b) authorizes taxing
tacked by a taxing unit on the However, what are pluses for units to sell We property through
grounds of fraud or collusion be- some maybe minuses for others. means other than a sheriffs sale,
tween the officer and the pur- A taxing unit may seek to have Most taxing unite desire to dispose of
chaser. more control over the resale pro- this as
expeditiously I- property as pos•
cess. It may not wish to burden sible. As long as property remains in
The benefits ofasking for a sheriffs the local sheriffs office with ad- the name of the taxing unit it no
longer generates revenue from taxa-
tion. Abandoned properties can be
MVBA OFFICES dangeronr, and even vacant lots re-
quire mowing.
Abilene 1534 S.Traadaaay 916/672.4870 The easiest resale occurs when some-
Suite B one contacts the taxing unit about a
Abilene, TX 79602 property and offers to pay the same
amount or more than that amount
Denton 207 W. Hickory 817/ 387.7475 for which the property was offered at
Suite 101 the original foreclosure sale. ;n this
Denton, TX 76201 instance the presiding officer of the
HomeOfflu S919BalroneiUrhv taxingunitisauthorized toexecutea
6121451.9000 deedandthesaleisconsummated,Of
Suitt 200
A urrln, TX 78741 course, we wish that this person had I
been at the original sale because the
P.O. Rox 16990 800/ 369.9040 process would have been simplified.
Austin, TX 78753.0990 Usually, any prospective purchasers i
FAX S11•.34.1881 whicheontact the taxingunit about a
1
Lon rev, resale offer substantially less for the
g 140 Eaat Tyler 2141767.5757 property, The only requirement in
Suite 280 §34.06(b) for acceptance of a lower
Longview, TX 75601 bid is the consent ofr,ach taxing unit,
San Angelo 17 South Chadbourne 915/ 657.0196 and that consent can be their joinder
Suite 305 in the execs lion of the conveyance,
San Angelo,TX 76903
Of course, all taxing unite wish to
Victoria 412 N. Main 5121673-9666 recover as much money as possible
Vicloria, TX 79902 from the sale, If an individual makes
Waco an offer, thatoffer must be andwillbe
One Liberty Place 817/ 756.7755 weighed by each of the
100 North 6th Street In many instances therem~ taxiunits.
ng more Suite 600 than one interested party, To maxi.
Waco, TX 76701 mize the
taxing unit's rstu,■a, these
persona need to compete for the prop-
erty.
(continued on page 7)
11
Page 2
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MCCREARI, VESELKA, BRAGG & ALLEN
I
the structure in the summer for heat protection. The
Taxability of ends of the structures are typically framed with
treated lumber and covered with plastic as well. The
Hoop Greenhouses structures may or may not be heated in the winter.
Hawkins' structures we-e not. j
by Kirk Sevinney In the litigation, Hawkins contended that these
structures were so insubstantial that they were
really nothing more than tents, He also compared
The Court: them to beehives, which were held to be implements
MVDA recently successfully completed litigation of husbandry in the case ofHicknran v. ffickmon, 248
onbehalf oftheVan Zandt CountyAppraisal District S.W.2d 666 (Tex.Civ.App.-Eastland), nffd, 234
concerning the taxability of certain greenhouses in S.W.2d 410 (Tex. 1960). Hawkins contended that the
j Van Zandt County. The propertyowner, Hawkins, a metal part of the structure carved no other purpose
commercial nurseryman, claimed that the green- than to keep the plastic oft of the plants so that the
houses should be exempt from taxation as implements plnnts would not overheat on sunny days in the
of husbandry, Tex. Prop. Tax Code 411.161. The winter. He compared them to merely spreading a
trial court and the Court ofAppeals appealed in favor tarp over a bail of hey. The appraisal district coun-
of the appraisal district. The Texas Supreme Court tered that the structures were intended to be
recently denied application for writ of error by permanently located for the life of the structure,
Hawkins. were substantially constructed, and served all of the
These"hoopGieenhouses"are known by a variety functions of a structure. The appraisal district also
of names. They are often called "winter protection noted that all of the items which courts had previ-
structures" and have alsobeenreferred to as'double ously held to be implements of husbandry were in
poly-hoop greenhouses", "tubular greenhouses", someway machinery or mobile type equipment. The
"quonset greenhouses", and most recently by only thing that seems to come close to being an
Hawkins, 'winter protection covers'. These type exception to that rule is the beehive exemption
greenhouses are seen widely throughout the state discussed above. However, testimony at the trial
and nation. They are constructed by driving metal indicated that beehives are typically very small
pipe sleeves into the ground about two to three feet boxes which can easily be picked up and moved by
deep. Some of the greenhouses have the sleeves one person.
buried in concrete footings, though Hawkins' were The trial court or Court of Appeals were seem.
not, The metal pipe eleoves are in parallel rows, ingly impressed by two attorney general opinions,
approximatklytwelve tothirty feet apart. Into apair Tex. Att'y Lien. Op. NW-461 (1982) and JM 718
of metal pipe sleeves opposite one another, are 119871, both of which held as follows:
inserted the ends of an arched metal tube con-
structed of the same material as the top rail on From the cited authorities, wecanabstrart
chain-link fences. The resulting semi-circular arch, two propositions. First, that w3urh is in-
also called a bow, is anywhere from six to fifteen feet tended to be attached to the realty, i.e., a
above the ground at its apex, These arches are Ybdure, "suchasawindn4a gate,a mill,
erected parallel to one another in long rows, looking or a gin, is not an"implement"A"fixture"
something like a rib cage. The arches ure connected is broadly defined as something that is
together by long "pu rlin" rods, running the length of personal in nature but so annexed to the
the structure, connecting the apex of each arch. realty astobecomepart oftherealty. ..Tl:e
Diagonal purlins may connect several of the arches, courts would probably hold, for example,
~i Over this structure of arches is stretched a translu- thatst uctures,suchasbarns,sheds,silos,
cent plastic cover to protect the plants inside from and tanks are not implements under this
cold winter weather. Shade cloth maybe putover statute.
Page 3
MCCREARY, VESELKA, BRAGG 8c ALLEN
Il M tr conrrnurd from page ?1
Congrafulatlons
In fact, it was after these attorney general opinions came to light in the Phalby Norris Fugate and Charles
pretrial procedure, that the plaintiff in the case switched from calling the porter, Jr. (Austin office) were M
greenhouses "winter protection structures" and started calling them "win- married February 20,1993 at 4:00 11
ter protection covers." p.m, in the First Presbyterian
Another thing that seemingly impressed the trial court and court of Chapel, Marshall, Texas. The re-
appeals was that the courts of two other states have decided on the caption was held al the home of
PhalbyNorris, mother ol thebrlde,
taxabilityof such structures Linder their respective advalorern tax statutes A gourmet menu was planned
and their i espective implements of husbandry exemptions. An Ohio court and prepared by Anna Marie
in Green 'ircle Growers, Pic, v. Loraine County Board of Revision, 36 Fontana (Austin Office), who also
Uiio8t.3r;38,617N.E.2d899(Ohio 1988)and it NewYork court insfaines served as maid of honor. The
v. Board ofAmessorsoftheTown ofLafayctte,125AD,2d951,610N,Y.S.2d couple is planning a summer hon-
348 (N•Y.A D, 1986) both considered the taxability of greenhouses very eymoon In California.
similar to those of Hawkins. Both courts decided that the structures were
not implements of husbandry, but were taxable structures. With the Susan Sommerfeld and Brilton
decision of the court of appeals inlhis case, Hawkin,, v. Van Zandt County Braudaway were married on
March 27, 1993, at Hyde Park
Apprulsol District, 834 S.W.2d 619 fTex.App.-Eastland 1992, writ den.), Baptist Church in Austin, Texas.
Texas becomes the third state to reach such a decision. After a honeymoon In Cancun, !
Anotherstate,Wisconsin, decided against the tambilityofthestructures they will remain living in Austin,
fI
underthatstate'susetax. InWisconsin Department ofRevenuev.Greifing, Susan Is GilBragg'ssecretary,
112 Wis.2d 602,334 N.W.2d 118 (1983), the state of Wisconsin argued to
the court that such greenhouses were, in fact, personal property and thus Amy Covington (daughter of
subject to the Wisconsin use tax The court, however, found in favor of the Vickie Covington, Austin bank.
property owner, holding the greenhouses to be "machinery" which is ruptcy departmenl) and Charlie
exempted from the Wisconsin use taxlnthat litigation, apparently noparty Fowler, Jr, of College Station will
contended that the greenhouses weri, taiprovements. to real property, be married May 22, 1993 at St.
Ilawkinsalso cited aline ofcases under theInternal Revenue Code, such John's United Church In
asThirupvConinrissioneroflnternalRevenue,608F'.2d916(9thCir.1974) Pflugerville• Amy and Charlie
which held such similar structures to enjoy exemptions from some federal will remaln living In College
taxes. The cases on point held such structures not to be "buildings" under Station,
'J thedefinition ofthat statute. However, the same federal statute would Also Ahearty welcome toMVBAnew
exempt from the definition of "buildings such structures as oil and gas employees,Vlekle Tynes
storage tanks,grain storage bins, silos, &aclionatingtowers, blast furnaces, (Hardin), Yolanda Willisms
haslc oxygen furnaces, coke ovens, brick kilns, and coal tipples. Thus, the (Waco) and Cllnf Whlfe, Ryon
federal cases involving the Internal Revenue Code did not seem to be 8etgerson , Duane Fields and
particularly relevant to this dispute under the Texas Property Tax Code. Serplo Oarcla, Jr, (Austin), Its
91re Legislature: good to have y^u loin our team! Q a
The decision of the Supreme Court to deny application for writ of error t
leavesllawkinsv.VanZandlCountyAJ)pnaisalDistrict,supra,astheonly Amends Horn(Victoria office)
autirnrity on that taxability of such greenhouses in Texas at this tune. and Trey ate she proud parents of
However, members of the commercial r.ursery industry have prevailed Haley Ann born May 3, 199?. She
upon certain legislators to lnlralucebills exam tin the w'cighed 6 lbs. Soc. and is 19
p $ greenhouses from Inches In length,
taxation. As this article goes to print, II,B, 334, n bill defining the
greenhouses as implements of husbandry, has passed the House and is
pending before the Senate. Congratulations to ail!
(umrinurd on ne.ulxrgN
page 4 - - -
MCCREARY, VESELKA, BRAGG & ALLEN
(ll(kir, continued from page 4)
$ NIVSADlephone Extensions for Employees $ Interestingly though, it k highly,
questionable whether H.B. 334 is con-
sti tutional. Anexempt ion frcnn taxat ion
Allen, Harvey 231 Ivlarkland, Laird 228 must be authorized by the state cowsU-
Anmtrong, Roy 243 Mindieta, Stella 263 tution. It Is at lew-t uncertain, if not
Blair, Norma 234 Montague,Gilley 227 doubtful,thattheLegis)anuecancreate
Bragg, Gil 221 Porter, Charles 248 a new exemption simply by calling
Brwdaway, Susan 222 Porter, Plialby 229 something an implement of husbarkhy
Brooks, Carol 233 Pratt, Paul 266 when that item is not, in fact, an imple-
Carr, Tin 250 Reed, Michael 247 meat of husbandry.
Covington, Vickie 261 Sal inas, Marc 255 IftheSenate passes andthe(lover-
Cralgen, Clyde 226 Sires, Kelley 242 nor signs H B. 334, there may yet lx
I Fincher, Wayne 249 Switnney, Kirk 254 more litigation regarding the taxability
Pontaim. Anna 241 Vesdka, SheQy US of the hoop greenhouses.
Gmn, Uz 236 Wdcoxat,Cindy 238
I Graff, lane 258 Wdkis- m, Shari 265
herring, Susie 223 WirWer, Terri 259 Anna Fontana, our mineral
Holloway, Pris 235 Wyman, Michelle 251 sped" spent theweekofMamh
Holt, Samantha 264 Zapata, Mercie 237 8th in Runnels County. It turned
I Jones, Dan 252 Zimmermann, Becky 245 out to be a most lucrative one for
I Lbkberg, Eldon 224 the County, Winters ISD and
Ballinger ISD. Total coflectisins
from the letters generated was
$lenn
Anna o
Anna ollacted $5,826.61 from
three unknown accounts that ohe
split to ;he taue owners. Two new.
w ownerletters broughtin $4,629,64
il+miin&r andtwodem ndlettersresultedin
the collection of $8,376,63, They
like to see her in their otEcest
Section 33,07 of the Texas Property Tax Code states a notice
of delirtq m shall be delivered at least 30 days and not snore than
60 days before July 1st (May 2, 1993 thtrntgh May 31,1993), if a on April 6,1993, NIVBA hosted
taxing ttriit is to charge the additional 16% penalty on 1992 taxes a coffee freak for all delegates attend-
beginning July 1, 1993, ing the Texas School Assessors Asso-
1 clallon (PSAA) annual conference
Please mars your calendars so this moat impoAant ns t.ioo is wldch was hckt at the Doubletrcc l fotcl
i timely scent to persotu who owe property taxes, in Austin. Shelly Veselka presented a
talk to the group regarding Frrtployer•
Pntployee relations.
d
i
Page 5
McCREARY, VESELKA, BRAGG & ALLEN
Y
Who's Who In Education...
Richard Ownby, Superintendent of
MVBA CALENDAR Santa Fe ISO in Galveston County,
was recognized In the January,
1993 Issue of "Texas School
Alay 4: Tax Sales • First Tuesday of the Month Business magazine Before going
Anderson County to Santa Fe, his experience In-
City of Giddings cluded being a superintendent at
Gregg CAD Rayburn ISO and Lumberton 1St},
Leon County
Van Zandt CAD B. B. Reese of Hallsville ISO was
Wilbarger CAD recognized in the March, 1993
Issue of 'Texas Lone Star' maga-
Afey 8: Auction of property bld In trust zlne. He has sorved for over 25
Taylor CAD years as a school board trustee.
Thank you for your dedication and r
May 19: Sealed Bid Sale of property bld in trust support of the school system In
Cherokee County Texas.
May 10: Executive Committee Meeting Tidbits...
May 31: Memorial Day (Holiday) Janke Ann Salgado bom to Sandra
and George Salgado on January 15,
Jane 1: Tax Sales • First Tuesday of the Month 1993, at 7:23 a, m. Jessica was daily-
Barbers Hill I,S.D, eyed at Big Bend Regional Hospital 'J
TAD of Ben County and weighed 6 lbs. 14 oz, Sandra Is
Hardin County Tax Assessor-Collector for Preskfo
Umeslono County County.
McLennan CAD
Midland CAD
Santa Fe [S.D. Rhonda Broonraa of our southoasi
Taylor CAD Texas area, is the proud grand-
mother of hvo beauty queens. On
lane 6.10: TACA Annual Conference March 27th, her 19 rsmth old
Galveston, Texas granddaugher, J=-Iyn Brov:n, look
the 2nd runner-up position In the
June 8.10: Northeast Texas Judges Conference Barbizon Beauty pageant hold at
Marshatt, Texas the Marriott Greensp*!. On April
Jene 12.15: South Texas Judges Conference 3rd, her 7 month old granddaugh-
ter, Morgan Ma)or, look the lot i
South Padre Island, Taxes Runner-up position In the Orange
July 4•5: Independence Day (Holiday) County Gumbo CookoH,
July 10.11; 45th AnnuO Superintendent Workshop Bath Baird (daughter of Becky
Stouffer Hotel • Austin, Texas Zimmermann•Austin office) has
been notified that one of her poems
is to be published In the Ameefcan
Acsdemy of Poelry later this year,
What an exciting experience for a
10 year aIdl
Page 6
McCREARY, VESELKA, BRAGG & ALLEN
I Resales con timed from ivy 11
In Memoriam
s ,
McCmuy, Veselka, Bro&& Allen,
P.C. offers two methods of resale Mr. Sidney Pearce Beard, Superintendent of the Centerville lndepen-
as evidenced by the tax sale list dent School District, passed away on Wnlresday, April 21, 1993. Serv ices
shown on our calendar. In were held in Rosenburg, Texas on Friday, April 23,1943.
Abilene there will be an auction Mr. Beard, a native of the Rosenburg area, began his lifeti ne career
on Saturday, May 8th, and a with the Centerv ille Indeperxk,u School District at the age of nineteen years
sealed bid sale is in process in as a band director. In addition to holding the position of superintendent, Mr.
Cherokee County. The auction Beard also served the School District as business manager.
in Abilene is conducted by a pri• Mr. Beard is survived by his mother, duce sisters and one brother.
vate auctioneer. Last year over He will be greatly missed by the employees of the school district, and those
four hundred propertiee were of. students and families of othe Centerville Independent School District to
feted and over three hundred
were sold. whom he decficated a lifetime of service. McCreary, Veselka, Bragg & Allen,
' 'niay~earalmostthree
hundred parcels are up for sale. P.C. wishes to extend its condolences to all those individuals whose lives
We have advertised these gales were touched by his.
locally and statewide in' texas
Monthl', Since each taxingunit
executes the deeds to the suc-
cessful bidders, the sale is in
compliance with the Code. Congratulations on a Job Well Donel
The procedure for sealed bid sales Mr, Richard t iardon will be stepping down from his position as superinten-
is also validated by the execution
of the deeds by each taring unit, dent for the Clifton Irxkpendent School District on July 1, 1993. Mr.
Ourprweeeincludeepriorauthori• Liardoris dedication and expertise has benefited the School for the last
nation by resolutions of the taxing thirty-three years. MVBA joins the Clifton Independent School District in
units and detailed instructions for wishing Mr. Liardon the best of luck in all future endeavors, I,
prr.epective bidders Ilundrtda of
parcels have been gold in Midland, Moving On
and around the state.
The Clifton Indepmdent School District welcomes Ma. Marlene Zipperlein,
• Increased tax levies and de• who will be replacing Mr. Richard Liardon as superintendent, The Finn V
creased property values have privileged to reptrsent the Rogers I ckpctxkut School District, where ruts. ~
created the conditions whkhnow
result in the proliferation of tax Lppedelnis cvrtrtulythe superiruerxkent.
f
foreclosure sales and properties Fond Farewells
bid in trust. Fortunately, the
code offers procedures which al-
low regales below~udgment val. Dr, Charles I lolloway, superintendent of the Groesbeck Indcpen&-nt School
see. Imaginative gales proce• District for the last three years, has accepted a new position as strpxtinten-
dures maximize the results of dent of the Seguin bxkcpendent School District. We have enjoyed wAirng
resales, McCreary, Veselka, with Dr, Holloway at the Groesbeck hxlekxndcnt School District, and looks {
Bragg & Allen, P.C. will con• forward to working with him at his new position with the Seguin 1ndcpxtn-
tinue to assist our clients In dis• dau School District, posing of such properties in a
mumer whichbest fits the needs
i of the taxing unit.*
! Page 7
McCREARY, VESELKA, BRAGG & ALLEN
CAD of Taylor County Hits All-time Record
In Delinquent Personal Property Collections
The Board of Directors of thr Central Appraisal District of Taylor County expressed its appreciation to the hNBA
I'
team at its meeting January 13, 1993. Because of the special efforts of Scott Jtoward, who heads the Abilene office or
b1VBA, and our staff, collection of personal property delinquent accounts has soared during 1990 and 1991. The
following Is a breakdown of results for those years. They plan to continue with their program In 1993.
f Taylor County CAD ~t
Personal Property 1990
Percent Collected
1990 Personal Property Levy ...................................,,.11,837,183.00
~t
!
Delinquent Personal Property as of 3.4.91 ........................643,169.36 94.57%
Delinquent Personal Property as of 1-1 -93 ........................220,645.28 98.14%
I
Accounts Remaining
180 accounts remain unpaid. 100 accounts owe $100 or more. 45 suits have been filed on the top 100. Two of the top
100 accounts have just been removed from bankruptcy, These are aircraft accounts that represent $150,038. When we
t collect these two, the collection rate will be 99.4196. We have collected 65,7% of the 1990 amount turned over to
MVBA,
!
Taylor County CAD
Personal Property 1991
Percent Collected
19,91 Personal Property Levy ...............14,16 ,934.94
Delinquent Personal Properly as of 34-92 ........................389,017,20 97.26"
Delinquent Personal Property as of 1.1.93 .........,,,.,,.,....,.,.54,710.55 99.62%
r
Accounts Remaining
132 accounts remain unpaid. 74 accounts owe $100 or more. Of the 74 over $100, 42 have a suit filed on them. Only
9 are still open for business. Of the 9, 5 are currently In a payout agreement, 2 of the remaining 4 have a warrant filed
but not yet executed on them. We have collected 86% of the 1991 tax turned over to MVBA,
Page 8
NUCREARI', VESELKA, BRAGG & ALLEN
LEONARD
A Short Story More or Tees Related to Property Taxation
I by Roy L Annstmeig
Leonard was an ax murderer. He would sneak up with an ax and remove his valuables. One councibnan, Bob
behind some innocent person on the street, pull a large ax She ffield,wonde red out loud whether a few minimum wage
j from hiscoat and strike the victimuntil he was abloody jobs were worth what would be lost in taxes, especially
I lifeless mess on the sidewalk, Then, Leonard would considering that the city would face the expense of cleating
remove the victim's wallet andiewelry. After all, what did up Leonard's victims. Sheffield's comments, however, %k err
a dead person teed with those things. Better still, people discussed and he was removed from the council in the next
sorrel'bnespaid Leonard to murder their enemies, election after tieing labeled as"anti-business"arO"anti -job."
Leonard had gotten bito the ax murder business straight The county and school district were easily enough persuaded
out of high school and had pm-ued it am a part-time basis to go along with the city's abatement plans.
during college. His industry and ability to pay for beer made Within a year, Leo bard's plant was in fu I I operation,
hbn very popular with his fraternity broders. About a dozen people worked there sharpening axes and
By the time he was 27, Leonard's busuess was in full delivering them to Leonard. Of course, they were part-tone
swing. He had already chopped up more people than other m mnurn-wage employees with no insurance or benefits.
mualererstwice his age, but he felt sohehhowunappreciated. They could not afford to own any taxable property them-
I Evenmomtroubl ng,goventnentofficialswere beginningto selves,and they retied food stamps and housing assistance
listen to thedernandsofhisvktins'familiesthat Leonardbe to get by. They periodically received ttxdical care in de
stopped or even jailed, After cottsilting with a prominent cnuay'shospitalandcouldn't afford topay.City firefighters
Houston public nelatiowfrmh,however, Leonard deviseda had to tend totheoccasionalfiresattheplantthat resulted from
solution to Ids &ctrima. to sparks created in the sharpening process, Amt tore were
Leonard held aptess conference and announced that he thosebodiesiobepickedupatxiidendfied. Still,local officials
wouldopenanew ax-shareningplattwithplenryofjobsand cortcludedthviftheyhadnotectuallybenefitedthe corntnu-
economic stimulus for the community that would give h3rn pity, they had at least avoided Bob Sheffield's fate,
themostincentives.Suddahly,Ltonanlwasahero.Abidding Leonard was constantly supplied with fresh razor-sharp
warenwedamong6tiesbothlarge andsnnall.l achofadozen axes and found that he could easily mutilate ten people before
cities bright Leonard in at public expense and gave hire lunch.Bypayingvirtually notaxesWordystarvatiohwatges,
helicopter taus, band concens and gala luncheons, 7}ney hekept hhisprofitmargbheatrenhelyFigh.Ilehadatelel>Itoe
even offered hbn a few of their less popular citizens for him and a fax machine installed in his Lexus. An article inTe ws
to murder just to get the feel of the place. Businem called hunt a "model of private-sedtor bhitaaive and
In the end, the once proud City of Tratnnel-1, desperate eturepterrcurial zeal." Still, Ixonarddid not feel appreciated
9crteclosing ofalocal razorstrapfactory, made lAward OnedayonavkittoAustin,Leonardmetaprom inent
an offer he cotdd not refuse. A 75% ten-year tax abuenent lawyer-lobbyist widely nunoredto mousse his hair.71ey
' for tie new plant together with a conunitment to i npruve discussed how Leonard could pursue a total lax exemp-
roads and other public facilities arownd the plant site and a Lion for his propcmy,'hlhe lobbyist introduced Leonard to
contract to sharpen the fire departs„-nt's axes. Of course, campaign fund-raising events, golf mid hunt ingtripswith
Leonard would not be arrested oreven given patkhng tickets legislators, and a few topless dancers from HuUSton who
prove!edtnathe dklndleavehiscarhhanimproperpixefor had traveled to Mexico widt the fonner Speaker of the
longer than wag reascxwhly neceacnry to murder somcone House. It wasno problem finding legislators to sprnnsora
I page 9
McCREARY, VESELKA, BRAGG & ALLEN
hill exeiving to property of ax murderers. turned his attention to Washington, where, cilurg the need to
Alduwgh it was tea on the agenda, Ltarard's bill was compete
with Japanese ax murderers, he was able to get '
taken up one aflennxnh before a meeting of a legislative federal income tax credits, exemptions from wage and hour 1
canvnittee.Across theCapitol grvmids,tenthousand people laws and several niceloopholesinenvironnxutalregulations,
ch:utedslog ans,waived.signsandcrawled onthe4hands and EvetybodylivedhaWdyeverafter,excgAofcoutse,Leonavd's
knees to protest a bill authorizing Texas Rangers to wear victims, but they werepeopleofnopattimlarsigniflcance.*
earrings, "WE CAN THINK OF NOTHING STRANGER
THANAN EARRING ONA RANGER I"CNNcovered the
denxrnstration live. Inside the hearing room, however, only
afewbored lcrbbyisislistened asleohard told theconututtee Homestead Exemptions
! 'Tindoing agreat setvicetothis State. I'mcrearing jobs. I'm fnr ropertyHeldinlha.
helping diseconomy. Lfl don'tget this exemption, l nmy have
to move to anoter state, or maybe Mexico." The committee by Roy L Arrnsrrorwg
t arAed Leonard and praised his good citizenship. The
daughter ofoneofLeonard'svictimsdrove infranTratnmell 'IheYropertyTaxCodeteUsusthatbefcneaptopeity
to testify against the bill, and her testimony was seen by the can qualify for a residence homestead exemption, the
thhembehs as an opportunity to go for coffee. One metm(er property must be owned by one or more individuals,
observed 1 she that no ordinary homeowners or small used a residence and occupied as his principal mi-
businessmen have hired lobbyists to comic and oppose this decree by an owner who qualoes/or the exemption. In
bill. That can ally mean that they support it." Another other words, the owner of the property must be the
observed "Hey, it's not our money that we're giving away " person who occupies it.
The bill was repotted favorably by On cdm niltice. In most cases this requirement is relatively simple to
NoIegislatorsoutsldetheccnurditeehadread thebil1. understand and apply. W,.en,hcvever,aproperty is
and none of themwanted to nruagonizethe legislworswho held by one Pelson asttvsteefor(hebenefit ofanothrr,
sponsored de hill, so they voted for it unanahously. In theCode'arequhvmentisnotsoeasytoapply,Suppose
November, doe exemption appeared on the ballot as "The that the deed records reveal that X owns a house as
Constitutional anendnent to create jobs, promote ecoriontic trustee for the benefit of Y. Y lives in the house and X
development, reduce overpopuladan and promote fair tax does not. Can the qualify as a residence
treatment for Texans." CH the 39% of people who actually homestead ifthetitleholderofrecord not the person
voted, nost thought that die provision sounded pretty good living in the property?
and voted for ft. Those few people who voted against it, lust law explains that the trustee whose name
suspected drat it might have sank-thing to do with birth appears in the deed records holds 'legal title" to the
control, property. The beneficiary of the trust (i.e, the person
The text year, Leonard's property was totally exenipt, whomveivesthebenefitsofthetrust property, such as
and Leonard's profit trargins arse higher than ever. The the right to live there) is considered the "cgWtablo
lobttyistwashalW,thelegislatorswere h:q>Ety"Leonard owner,"'IheCode,howem,says nothingaboutwhich
was happy, Other property owners in Tran smell noticed that person should be considered the owner for pw1xves of
dreir taxes were higher and that their children were not being a residence homestead exemption. There arc no pub.
as well educhledd, but they blamed the appraisal district Iishod opinions from Timm courts which directly ad.
and the teachers tried Oran fumed their attention back to dmeathusquestiou.Thereisenttainlymomforremon•
profetitilaud q,cots. Mai-41ha xitdeavhitogyudstiah. L mvd able people to differ in their opinions. It appears moFA
- -
Page dU
McCREARY, VESELKA, BRAGG & ALLEN
likely, however, that a cotut would uphold a home- principally on the Malouf case, the Property Tax
stead exemption for a property if the person living Division concluded that"the beneficiary ON trust is an
there was a beneficiary or equitable owner, owr,er for homestead exemption purposes." The nvv
In 1977, a similar question was addressed by the erlyTaxDivis' nalgodtatedthateventhelxnefici cy
Texarkana Court of Appeals in Cl'ty of Mesquite v. of a m-vocable trust could qualify as long as the truss
Maloof: The case concerned a claim for agricultural- had not actually been revoked. Opinions from state
use appraisal under Article VIII §ld of the Texas administrative agencies, such as the Comptrollers
Constitution which requires that the property owner office, are not hinding, but they are sometimes corvid-
haveagrie tumashis'primaryoccupationandwunv ered by courts.
of income." The property was held in trust, and the If the question of homestead exemption for pmM-
question was whether the trustee or the beneficiary ties held in trust does reach a coral, it now seems more
was the owner that had to have agriculture as his likely than not that thecowtwould uphold theexemp-
primary occupclion. The court rot d that the lion.OfcoLuse,beforeanexemptioncanbegranted to
beneficiary's "equitable ownership" made him the propertyheldintiust,thetrust mustbevalid, andit
relevant owner. The court said: must still be in effect, The occupant of the property
nwd be a beneficiary of the tntat, and the property
Mhenavalidtavstisc eated,thebenefi• must qualify as a homestead in other respocts,
ciariesbocometheownersoftheequitable The answer to the question of trust property and
or beneficial title to the trust property and homesteads, however, might not come from a count at
are oonsidered the real owners. all. Instead, it might come from the Legislature, Rep-
resentative Will Hartnett of Dallas has filed a bill
'Ihemutexplained that ifthetrustee wasconsidered called H13. 2813 which would clarify the rights of
the owner, a corporation could abuse the law by certain trust bene6daries to receive homestead ex-
transteMng title to land that it used to an individual eruptions. As ofthis writing, however, the bill remains
farmer who could hold legal title as atrustee. The land under consideration by the House Ways & Means
wouldthenqua* for agricultural-use appr aised even Committee.
0=0 it was really owned and used by the corpora- MVHA will be happy to crnsult with its clients
tioa concerning any particular questions or problems that
TheTylerCourtofAppealsconsidemdthedif mvnee might arise in connection with homestead apphca•
between legal and equitable title for tax purposes in lions for properties held in bust,
7i'xaa Department of Coitmlons a Anderson County
Appraisal District. The caw concerned a prison which
the state was acquiring under a complicated lease-
purchase arrangement. A private company held legal
title to the prison, but the state was found to have
equitable title. The court concluded that the state was
the real owner and the prison should be exempted as
public property used for public pwpoees.
In January of this year, the Comptrollers Property
M Tax Division issued an opinion letter on the question
of trust property and nosidenae homosteads. Relying
page l I
I
I
I
r
Law Offices of
McCreary,
Veselka,
Bragg &
Allen, P.C.
1
Page 12
f
EXHilil-r 13-a
MCCREARY
VI:SF:LF:A
RRAGG &
ALLIA March 25, 1993
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M V BA Bunallet"I I
NEW BILLS: THE BEST AND THE WORST
Thus far, in the 73rd regular session of the Texas Legislature, well over2800 bills have been. filed In the House
of Representatives, and well over 1200 have been filed in the Senate. NIVBA has Identified a number of these bills
that directly concern the appraisal of property or the assessment and collection of taxes. Some bills are good, but
a majority are bad. They have originated with the lawyers and lobbyists representing very large property owners,
or with angm property owners who feel that they have been treated unfairly by tax officials. Legislators generally
do not have first-hand knowledge of how an appraisal district, an appraisal review board or atax office works. They
hear prunardy from the other side, from properly owners and their nrpresentatives. Consequently, they very often
do not really understand how current law works or why a particular bill would make things better or worse.
In response to this situation, we have attempted to identify the best of the good bills and the worst of the bad
bills, These are the bills that would have the greatest impact forbetter or worse on properly tax admhilstrailon across
tho state. We Invite our readers to review these bills and contact legislators about them. Your legislators might not
listen to you if you contact them, but they certainly will not listen to you if you do not.
Good Bills
Alrpralsnls
Under current law, a group of residential properl ies (typically houses or lots) that are held for sale as a pvl
of the owner's trade or business, can be appraised together as an inventory resulting in less taxable value than the
prolvoics would have if they were appraised separately. This practice lowers tax bases of taxing units. It also
discriminates against other property owners whose appraised values are higher than those placed on developers'
properties. II.II.1251(Craddlck) would remove residential real properties from the classes of properties that can
tic appraised as inventories. 'I1nu, properties owned by developers would be appraised in the same manner as
properties owned by other people.
1:rlHlrtrr 13..1,
Za~n~1inns and `;'peci~l 4nnrnic;r s
Huge amounts of value go unWed, and a large share of Ilre tax burden is shilled to others as a result of"open-
space" agHLUIturul appraisals, Valuable properties ore appraised at only a minute fr;rction of their aclun! v:due
merely because they are used (often nunill) aIIy I fur upr iculrura', purposus• While this tar benefit exists purportedly
to presort e the funnily farm, it is also ;rvailable to corporations and non-farmers that would not know a cow from
a halt of cotton.
11.11. 2072 (Culbersun) is ould deny open-space appraisal to land unless it is owned "m holly by one or more
individuals each of whom as a fanner or rancher gains or attempts to gaup a livelihood from the operation of a farm
or ranch on the land." T}ris bill would deny open-space appraisal to the immy corporations and non-farmers that
currently receive this benefit. It would subsarmially increase taxing units' tax bases by merely requiring more
propeny owners to pay taxes on the actual value of their property,
11.13, 1913 (Stiles) and S.D. 583 (l laley) svotdd make some posit ivc but bass fundamental changes ht the laws
governing upen•space appraisaaIs. Theca bills would require n pr~rpeny oa nerrrcriving opcir•space appraisal on hls
land to renew his application every five years, and give appraisal districts and c using units the right to enter the land
and inspect it to determine whether it qualifies for open-space appraisal. In counties of 500,000 people or more,
these bills would allow an appraisal district to send a questionnaire to owners of open-space lord to gather
irnCornratiun perthreut to the appraisal of that land. A property owner who (lid tot respond would forfeit his right
to open-space appraisal for that ),ear. The bill also creates an additional penalty for changing the use of open-space
land. 17iot penalty would increase with each year that a person marred the land before changing its use, up to ten
years. If aperson changed the use of his land after lravingowned it for ten yew; or more, no additional penalty would
be imposed.
S.H. 785 (Ellis) would increase the current "rollback tax" that is unposed when the use of open-space land
changes. It would allow taxing unite to recapture the taxes lost due to open-s;)ace appraisals for the ten years
preceding the change of use. Current law allows the recapture Of only five yeuts of lost taxes.
Ant rascal Liti~+~li rn
The laws governing a property owner's rights to appeal an APB's order by W rig the appraisal district have
long been blased In favor of the special httcrests of property owners wealthy enough to bring such suits and the
IawymIlint handletheir cases. Because appraisal districts ore not given a falropponunitytodefend their nppraisals
in court, property owners are often successful in having their values reduced as a result of their lawsuits, One of
the worst exartrples ohhe tiitedplaying field in appraisal litigation Is §42,225 of the grope my Tax Code. 71rls section
currently allows a property owner suing an appraisal district to have his case referred to binding arbitration, thus
depriving the appraisal district of the opportunity to be beard In coup by a judge orjnry. An arbitrator can evrn
order the uppralsal districttopay the property owner's attontcy's fees. If, however, the arbitrator's decision would
b1cream the property owner's taxes, their it Is not binding and the property owner can proceed to have his case heard
in court.
IlrreebilHslnavebeenfiledwhichwuuldsubst:urlialiyunprove~42.225, II.D.1909(Illrschl)-muldprovide
for binding arbitration only if the propeny Owner and the appraisal district both agreed to It. !t w(. J also make
FXHIBIT 13-c
.utarhiirator'sderisionbindingecenifitincrc•ascdtheproperlyo~+ner'st;LKliability, H,11.2123(1larchanlluoL'J
preserve a property owner's one•siiled right to force binding arhitratic t on an appraisal district, bw it would limit 1
Ih;u right to uses involving property valued at less than g3b10,{Ifr(l, It wou'd restore an appraisal district's right to
a (Illy iucourt in cascsinvolvingmore valuableprop ell ics.'Ilie biIIwould idsomake aii arbitrator's decisionbiuiding
even if it increased thepropertyownet's tax liability, It alsopiovidesealathe court mustdetermine issues concerning
the inter)rrrtalion of lavvs,jurisdictiran :uul venue before referring a case to arbitration, 'llrc arbitrator scnuld then,
decide factual issues, like the value of the property owner's property,
ti.E1.5531Arntbristerl isnot as good a5 the
other bills, but it would limit a property owner's right to force binding :uilitnotion on an appraisal district to cases
involving property valued at s1,000,000 or less. It world also make :m arbitrator's decision binding even if it
~ increased the property uswner's liLK liahitity,
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It should be noted that none of these bills would diminish the cwrent right of a property ov, nec and an appraisal
district to agree to have a lawsuit referred to nredintion or arbitration.
Cullcclinns
1611.1270 (Yost) would preserve the right of a person 6.5 years of age or older to pay taxes on his homestead
in four installments, but it would require the property owner to notify the tax collector of his intent to make
installmen, payments. Current law does not require this notice, and hi its absence, a tax collector is often unable
to dctennine the anent ti-t+in.I a property owner's partial payment.
Several years ago, a property owner submitted a partial payment of delinquent taxes to tite City ,if Houston
with instructions not to apply any of the payment to certain penalties owed by the property owner. The City
disregarded the property owner's instructions and applied thepaymentlike an),other partial payment, Acourtruled
that the City had misapplied the payment and suggested thaI a taxing unit receiving at ax payment might be obligated
to follow llie property owner'sirstructionsaccomptnyingthe payment. Such a ruling would be disastrous to taxing
units, particularly larger units that receive so many payments that they could not possibly screea each one for
instructions, Property owners owe their penalties and interest as antaiterof state law and should trot be able to impose
conditions or instructions on local govenmtcnts in the course of making their payments. SM. 1254 ('Turner) is
intended toaddress the problem raised by the Houstoncase. The bill i.s presently being redrafted and its final wording
has not been deitnnined. We certainly iaope, however, that it will clearly and absolutely eradicate the Houston
court's dubious ruling.
If a property owner does not pay his tames, the taxing units have to foreclose turd sell his property. Current
law gives the property owner two years in which to redeem his property, Le, to buy it back. Prospective purchasers
are often hesitant to buy property at tax sal-4 or to pay very much for it because they know that for two years after
a purchase, the delinquent property owner could nude the purchaser sell the property back to him. Buyers feel
especially uncomfortahle adding improvements to property that they ntight not get to keep. 11 J R 50 and E1.11, 768
(Eckels) and SJR 19 and S.f1.3SS (Etiis) would shorten the redemption pcrind for marry types of property. The
redemption period would be shottened to six months for all properties except residence homesteads and "land
it
designated for agriculturitl use" which would continue to have a redemption period of two years, Curiously, there
also exists a bill called 1[.11. 2072 (Flores) that would shorten the redemption period for homesteads, but leave it
al Iwo years for other properties,
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E-XHIBIT 13-d
11.11. 71 (Guolsby) applies to a situation in %%hich a property owner is entitled to a tux refund because of n
Change to the appraisal roll or because he has made mr overpayrient or erroneous payment of taxes, If the same
property owner ottcs delinquent taxes on another property, the tax collector could apply the refund to those
delinqueut taxes. 7'lle collector would not hate to ttritc 'he property owner a refund check unless and until all his
delinquent taxes are paid. "Phis right to set off a tax refund against delinquent taxes would apply only if the property
ot+ncr here the sole owner of both properties involved.
11.11.:490(lleriartga) contains numerous provisions, wore good than bad. It would make it clear that a tax
lien on personal property such as inventory attaches to such property acquired by the propeny e.e -tsr after January
1. It would also increase the interest due on delinquent taxes that are the subject of a court's judgment. It would
eixeattxingunit ~uingto collect delinquent ta.xesgrealerflexit, lityantheissueOfincludingfhecurrentyear'staxcs
in the suit. Um .tunately, it would also reduce the costa of redeeming some foreclosed property.
BAD BILLS
Appraisal
IL B. 925 (Craddick) provides that if an appraisal district oppraises an interest in oil and/or gas using amethcd
that projects the future income from the interest, th; district must take the average price of oil or gas in the previous
year as its projected future price. In periods of significant fluctuations in oil and gas prices, this bill could result
in arbitrary and erroneous values and possibly violate the constitutional requirement that property be appraised at
its market value. For example, suppose that m December of 1993 some disturbance in the Persian Gulf caused a
dramatic increase c the price of oil and the value of oil interests. These increases could not be reflected in 1993
appraisals, thus making those appraisals erroneous.
F•umillions and Speci ji Appraisals
As noted above, current law allows land used for agriculture ("open-space" land) to be appraised not at its
market value, but at iur artificially low productivity value. The appsrcni reasoning behind the law is that a property
owner using land for agriculture should not have to pay taxes based on a higher potential value that the land could
have for other purposes. In theory, the late allows family farmers to keep farming by protecting them from high
taxes That might drive Ihent off their land or make them change its use.
When Ilse use does change, however, mad a property owner realizes the full potential value of his land, the law
reasons that he can pay back some of the taxes that he avoided paying whenthr land was used for agriculture. When
the use of the l,vtd changes, taxing units can effectively recapture the taxes lost due to open-space appraisals on the
land for the previous five years.
II.[1.770 (I I aggerly) would shorten the recapture period to one year. The bill xvnuld thusexpand a tax benefit
that is already widely abused and very costly to taxing units mad other property owners. The bill would also largely
undennine the law's intent to preserve agricnIture by great]), reducing the cost of ending the agricultural use of
land.
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7lre properly Tart Code currently alJon's certain land in duality as open-:pace land if it used for "nviidiife
m;un;igerncnt." iilc Land, however, unust have qualified as ol,crt-space land on January 1, 1992 by vinuc of a
com cmional agrictiltur l use. 11.11, I863 (Saunders) would add a great deal of language to the Code that would
fit: largely redundantof whatis already tile, e.It does, however, add me very mious provision. rfapropenyowner
changed the use of vvildlit:-rn;uragennent land and paid a rollhaclt fix, he could later receive a tax crcdir for his
poyanent if the lard s` cre com-cried to agricultural or open-space us.r. 'I ,.e credit vould be applied against future
I;rtes on the property. The net effect of file provision would be to elintbtate the rollback tat. The bill is so confu,ing
and hourly drafted that it is difficult to discern the exact purl ose behind it.
1% 1111C dais legislative session, as usual, irchrdes a numhcr of special-irnterest bills to create or expand
exemptions and ftwhur shift fire rrx burden, three of these proposed exertrpt Iona ;Lie particui;u ly noteworthy. 11JR
80 Will ILI1.1920 (Stiles) and S.B.495 (Armbrkier) weuhf exempt "real undpersom: f property used prbw,rily as
a f,tcllitydctiiseorrnethodforthecowrol c,f;,lr,titiaterof faudpollution." HJR 103(Seidlifs)wouldcxemptproperty
of henemient and fretcrmal associations. W1161e Re are not nccess,uily opposed to cxcinpling beer }halls, a by strip
%%nh private beer halls?
11.11. 1096 (Ogden) and S,B,111 (Turner) would exempt property of a cliaritable organization "primarily
engaged in building or repairing housing with i oluntcerlabor to sell to loci income buyers." The exemption would
apply to the residcmial propenies owned by such all organization and to its administrative offices aind personal
property. The organization could receive the exemption for only the pro rata portion of tine year in which it o',vned
a progeny. An exemption under this bill, however, could be applied for at any time in a tax year as long as the
organization filed its application fomn within 30 days of acquiring the property. Thus, an appraisal di-, trict would
have to process applications and grant exemptions even after the appraisal roll was certified and taxes were paid.
Taxing units would have to prorate exemptions and refund taxes on propenies exempted after the taxes were
collected,
arncec to qne ~nraisal~J
11.13. 491(Stiles) and S,B.166 (l lenderson) would create yet another means through which appraisal rolls
could be changed after certification, and would further undennine the stability of taxing units' tax rolls, They
provide that any rime prior to the date the taxes on a property become delinquent, the property owner and doe chief
appraiser may file a Joint notion with the ARID to correct an enor that resulted m all incorrect appraised value for
thepropeny, While achief appraiser would probably notjoinlnrnotionsltnatwercnotclearly meritorious,itisvery
possib)e that some dcsl,eratepropeny owners would try suing chief appraisers to compel them to join In notions.
If 11h 6011% were filed ;and granted, taxing units would lose tax revenues that they had;imicipatcd when setting their
budgets turd tax rates.
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A_,PRraisal LWt r~lion
Consider a lawsuit conceming a defend;unr who got drunk and -tun his car over the plaintiff. No matter how
negligent the defendant might appear, and no matter 11 OA, much blame he might deserve, h2 cannot 1>e ordered to
hay the plaintiff's nuorney's fees. Now consider a case in a Rich a progeny owner and an appraisal district have
it legitimate difference of opinion concerning the value of properly owner's property. 'I lie coutt compromises their
dispute ;and fixes the value of the property 111 some level hehvicen tine levels claimed by the parties The apprris<il
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EXHIBIT 13-f
district does not deserve blame any more thwi the p,openy ohrner does. Bach shnply made a good-faith effort to
appraise the property and the court imposed a ccnnprornise slue on them. In this case, however, the Property Tax
Coyle allows the court w mace the appraisal district pay the property owner's attorney's fees, a cost that is passed
along to the district's UL\ing Units and ultimately to other property owners. A property m~ ter caeutot be ordered to
pay the appraisal district's attorney's fees. Under these circumstarwes, it is no wonder that appraisal districts are
often sued by property owners, or that they often give up value to settle cases rather than race having to pay fire
property owner's altcmey's fees.
While current law is highly unfair, it could be worse. A property owner cart recover attorney's fees only if
lie proves fiat the appraised valve of his property is excessive or if he proses that it is unequal when compared to
the values of, other properties. 'lhe property owner cannot recoscr an anu+unf of attorney's fees that exceeds the
amount of taxes that he saves as a result of his suit.
11.1t. 909lGrusendorf) ;aid 111B. 1293 (Wilson) would hirgely do away with the current limitotions on o
prolu•rty owner's right to recover attorney's fees. 11.11. 909 would allow a property ownerto recoveranontey's fees
iflrcprevailedconcerrring all agricultural ortimberappeaisal. 11.11. 1293 would allow thepropenyownerto recover
attorney's fees if lie prevailed in a suit on any grounds, Both bills would allow the property owner to recover more
in anorney's fees than he might save in taxes. Both bills would tend to increase the number of suits filed against
appraisal districts (especially smallernuisance suits),to further lunit an appraisal district's abditytodefen:l its values
ruin to unpose additional costs on appraisal districts, tax'ufg units and the great mass of property owners that accept
the appraisals of their properties,
Current law recognizes that aproperty owner's suit against an appraisal district should root be used as a nearrs
to avoid or delay the payment of at least some taxes on his property. It provides that before the delinquency date
the property owner must pay, at a minunum, the greater of (a) the taxes on the undisputed value of his property, or
(b) the taxes imposed on his property in the previous year. I I.B. 2619 (1laggerty) would allow the property owner
topay only the tax on the undisputed value of his property. It would allow an unscrupulous property owner to avoid
or delay paying taxes by claiming a ridiculously low value forhis property and placing substantially all of its value
in dispute. In many cases, it is difficult for an appraisal district to detemnine just what the property owner is claiming
concerning thevalue ofhisproperty, and the propertyowltermaychange his claims during the course of the litigation.
In cxenhptiot.. ises, the property owner would not pay anything until his case was finally detemtined. Thus, the
bill would undcnnbe the certainty acid rte valid purpose of the present law and open appraisal litigation to abuse
as a means to avoid or delay tax payments.
Another bad hU1 affectutg appraisal litigation is II.B..101(Smith) which concerns the Benue of an appraisal
suit, i.e. the county in which the suit will be filed and tried. 'fhe hill wout-t allow the property owner to file his suit
in either the county where the ARB h located, or "the county in which the property is located." This would help
the property owner whose property is appraised by two appraisal districts. I le could file a single suit in the county
Micre his property is located and name both the districts as defendants. I'lle bill, however, would create problems
with respect to personal property. If the suas of personal property was unclear or disputed, conflicts could arise over
where the property owner could file his suit. Further, it is unclear whether a property owner who proved his property
from county A to county B after January the lst, could sue the A County Appraisal District in county B's courts.
71re A County Appraisal District (night have to send lawyers and witnesses to defend it in a triad 500 miles away.
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L•XIIIBIT 13-g
lice iort5 ~
As notedaboee,currenthtwtdlo+vs apcrson GS bears of age nroklcrtopay the t:v:es oa hi; homestead in four {
installments. The delinquency date forawinstciIhnentsare February 1St,AprilISOJune ISt and Auyust IA While
vseli intentioned, the law often creates adaninKIMI x'e nightmares for tax collectors. A plopz my owner wkhiing to
pay in installments does not even has-e to notify the collector of his intent to do so. Thus, a ~ ollector w lio receis'es
a partial payment before February 1st cannot tell whether the property o" ncr hacrids to pay his remaining taxes Al
irnstallnmws, Further, % hen aproperty owner starts making utstalhmcnl p:p'ureuts, but t}ten quilt heforc peyirng all
of lri.~ toes, the calculation ofpen,0ties and hacw• t on Ile delinquent kwallmNrNs is 11nt clearly dLcWtlbed in the
Corte, and is akin to rocket science in its congx1exity.
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ILB. 469 AM) vv uuld nude this situation rnuclt waive by cspcurthnr 11e Ag:hl to ;my taxes in inst•dintenrs
to all tm ners of homesteads regardless oftlred ale.Adminetlly, t)tete is no UMOWation by limiting this right to
the wcalrhiestogegroup in socioy,agroupthatis rlrcad)rronctedvr,gala,atth_foreclosureofthcirhornesteurls.The
tubanun,hoacrcr, istodoawayn'irltthis lavs',nailer thanexpandit. We furthwrnotethalmally'honwowners aheady
effectively pay their homestead taxes in iost;r]Irnneintsbymaking, trayrnentn ro their Too; (gqC cunq'aI I ie.,
Current law recognizes that no system of wation curt =k if the rrx i cis do riot hear some of the
responsibility for making it woik. (Try to uuagine iiow dre ledend income tax would worl: if taxpayers scetc not
responsible forkeeping track of their incomes, filing their retunts, etc.) Current Texas properly urr Inw makes it
properly owner responsible for detennining how much Go= and fur paying his rases even if then: is sonie defect
lr the deliveryofhis tax bill, FaHurew sendor receive atax bill does not effect the impositionof a tax or any penallies
or interest due on delinquent t;uves.
ILB.1158 (Craddick) would do assay xvith penalties and i„teiest in ninny instances in which lax bills were
returned to the taxing units undchi.,cred. If a tax IWH were returned, the taxing unit would hav c to send another bill
to the property owner's correct address at least 21 days prior to the delinquency date, or lose its tight to impose
penalties and interest, In many cases, the bill tit ould piss uncertain void ccuiflicting instructions on a Mcli address
to use and could put appraisal Jisu'ios or taxing units ill the position of tryirig to read it lnroperly ow tier's nikid A
property owner owingdelinquenl taxes could ea, Qc 1 aiur thatlre meant for his tat hills to go to some other address.
Further, even when a property owner was evciitually contacted bya taxing unit and hnfornledof his tai obligations,
hecoulddelaypayinghistaxesaslongaspossibleandnotface, any penaltiesot inicresi.In sum,thebill wouldimpose
substantial obstacles to the collection of many taxes turd benefit the negligent or dishonest property ow tier at the
expense of the many honest and responsible prr,periy otc(lei s
Ilfisccilatncotrs
ILB, 2192 (Goadnran) concerns a situation +n which a property is appraised by two adjacent appraisal
districts. The bill is confused and badly drafted, but it apparently provides that the property owner's payineut of
any taxing unit's taxes would extinguish the property owner's I iaHIky to -ill! !b.r taxing units. At the eery least,
it applies to a situation in which there is SUltle dispute %%here a propcny is ticxable, and two appraisal districts have
appraised it at two locations in different hiring units. Insteed of providing: for a real detennination of where the
pmpetly is taxable. the bill would sonply allow the property owner ro pay wholever taxes he wanted to pay and
extinguish his liability for the other tares. The potential for f r na,) and abase is cmamous conshlering the potential
LN111BIT 13-h
for a htupetty osvaer to shop:tround for the appraisal district ;aid taxing units that would give him the lowest laces,
p,iv t,rtes to tI e acting units and cutoff the more uteritorious tax claims of other taxing units. present law gives
a property (I s,, ner ample opportunity to protest an appraisal district's detennir it ion concerning where his property
is tai,~Ible.
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Tips For Influencing Legislation 1
I.11 isn't hopeless. In a few instances, the public interest really is done in by corruption, by special Zterests
using campaign. contributions or otherberiefits to induce legislators to vote against the public interest. More often, {
home ~ er, the emmy is ignoraime No legislator could be thoroughly fani liar with every statute on the books, let
alone with how those statutes work in the read world, A legislator does not have the time or the staff to research every
bill than comes up for a vote. In the ahsence of anything else to go on, the legislator may vote in darkest ignorvhce
orrn:p 10110%thelead ofodh°r legklaloj%schoseeiu to know shat abill is about. (Guess whuthoseotherlegislaltars
n~c hl.eh to bc.)
This ignormce cant beer mbattecE, A legislator wltoihasreeeived several letters or telephone calls from taxing
units in his or her district offering valid re.lsons for supporting or opposing a bill will be better informed in voting
on that hit I. Many legislators tell of having voted one way or another on a bill on the basis of only a handful of
messages from constituents, In this environment, infonthatiou fronttax officials and taxingunits canhave a positive
impact It is, at least, wotlh a try.
2. Get your taxing units' elected officials involved. Generally speaking, the most htfluential people
involveduh ad valorem taxationwill be the elected officials oftaxing units. They havepolitical powerbases of their
own. They are likely to be personally acquainted with their legislators and are likely to have their telephone calls
returned.
Atax assessor-col lector concerned about a bill should contact the membersof the taxing unit's goveming body
and explain why the bill is intpottam, Shnilarly, a chief appraiser should not hesitate to contact the district's
constituent taxhhg units and their governing bodies about a bill that concerns the appraisal district. If members of
tiaegoveming body understand that a bill will shrink sloe unit'stat base, destabil ize its tax roll, impede lhecollection
of its taxes, or increase the appraisal district's budget, they may become motivated to contact their legislators. The
tau assessor-collector or chiefappraiser can help other officials draft letters to legislators and explain their positions
ou bills.
3. Uon't whine, Legislators are not likely lobe influenced by comments like"[ don't want tohave to do this",
or "doing this would be a nuisance forme and my staff." It is best toexplaht your position on a bill in terms of how
the bill serves ordeserves thepublic interest. For example, anew exemption or special appraisal might be aheadache
for the appraisal district staff, but more importantly, would shift the tax burden further onto the horneowners and
small businesses that already bear a heavy autd disproportionate share of the burden. Yost-approval changes to the
appraisal roll cause taxing units to set higher taut rates because they cannot accurately predict how much property
value they will ultimately get totax. Attorney's fees paid by appraisal districts to property owners are passed along
to taxing units and ultimately to the mass of other property owners. Using points like these, an appraisal district
or taxing unit can explain to legislators why a bill desetves the public, rather than just dwelling on the problems
presented to the appraisal district or tax office.
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17XI11BIT 13-i
4. Suggest changes and alternatives. If it does not seem possible to derail a bad bill, considerways in ss hich
the bill mighl be changed Iv do less damage. If lax appraisers, assessors and collectors can suggest some amendment
that would not change the prunary effect that a bill is supposed to have ordefeat the particular special interest behind
it, but that would make the bill more practical to admutisteror reduce unintended effects of the bill. legislators may
be willing to listen.
S Don't be a cause of bad bills . Sometimes a bill is passed because a tiny minority of chief appraisers or
tax assessor-collectors have abused someprovisionofcurrent law, adoptedan unreasonable interpretation of current
law, orsimplyfailedtoassistproperty owners inexercisingtheirrightsunder current law. Afevvbtfluentialproperty
owners run to (heir legislators, cmd a poorly prepared bill k filed which xvould impose substantial burdens on tax
officiads adl uver the state. A surprising number of bills are filed because one property owner or a handful of property
owners are able io portroy thernselves as victims of some abuse undercurrent law. If tax officials can spot these
circumstances and act to solve the propeny owners' ptublems under current law, a number of bad bills can be
uvoided. Thus,if legis1.uursfrom your area are promotiMg bad Lid Is as aresult of some problem or problems involving
yvurappnrisal district or (.A office, look for v qs to solve those problems and pull the rug out from under the bad
bills.
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6. Addresses to use . A letter to a House member should be addressed to:
The Fonorable full name
Texas House of Representatives
1'. O. Box 2910
Austin, Texas 78769
Ikar Representative
A letter to a senator should be addressed to:
The Honorable 1 foil name
Texas Senate
P. 0. Box 12068
Capitol staliou
Austin, Texas 78711
tkar Senator
NJVBA will be happy to help you rind the telephone number of your senator or representative.
7. Act quickly. If you want to make your thoughts about a bill known to your legislators, act quickly.
The legislature is running at full speed and bills can be decided upon quickly.
l "A"1111111 14-a
r
~/IiALiti ,
1.1,F,N April 14, 1993
1
V/1iVBA Bufl 1993's Ominous Omnibus Bill
In c'ur ~IIlrch ZSth 1lOf let in, rte reported on many of the m orst hi IIs tride I cott.irlerat ion before the Legislature.
nce that date, mans of the m orst features of the bad hills have hcen combined into a single bill called II.B. 491.
f IIk hill ptnmi^er: to be this ,session's omirnnus omnibus bill. H.R. 491 would do the following;
i
I. Expand an appraisal reviev board's power to correct alleged "clerical errors" in past years' appraisal
rolls, Ii moult) allow a properly owner to request that the ARB change the appraisal roll to correct the property 1
owner's own clerical error, Unscrupulous property owners would, no doubt, misuse this provision to atrack many
lippraisals and further undennine the atnbility of appraisal rolls. If a property owner claims rightly or wrongly that
Ire colrunitled a clerical error, air appraisal district will almost never have the kind of independent knowledge of the
property owner's actions that would allow it to refute the property owner's clahns,
1. Allow a property owner to disregard his own a rillen agreemenl w ith an appraisal district. A property
owner could chcdlenge tine appraisal of his property tluough a motion asking the ARB to change the appraisal roll 1
eveu if Ii- had previously entered a written agreement with the appraisal district concennhng that appraisal. Thus,
property, n%-ncrs would be free to disregard their own promises and agreements after appraisal districts had acted
in reliance on those promises mid agreements.
1'urlher destabilize appraisal rolls by creating yet another means through m hich those rolls could he
chnnl;Mafter being certified to taxing units. Apropertymvnerand nchief appraisercouldfife ajointmotion with
the AIM to corect any "error that resulted in an incorrect appraised value for the owner's property." While a chief
,rppraim AouId probablynot join innrotionsthatwerenot cleadymeritorious,it is verypossiblethat somedesp rate
l,rnpcrty owners would try suing chief apprdisels to compel them to join in motions, If motions were filed and
grrullcd,taxing units would lose tax revenues that they had anticipated when they adopted their hudgets and tax rates.
4. Expand property owners' rights to have formal hearings on many types of motions that might be filed
before an ARR. Such a change would mem more thne and expense devoted to ARB proceedings Many appraisal
(N,oricrs Orcady find it difficult to find qualified ARB members who can spare the time required for ARB
proceedings.
o
',XHIBIT 14•b
5. Allmc n property owner to recover attorney's fees in more suits brought against appraisal districts and
ARIis. if a property filed any of several types of motions asking the ARB to change the appraisal roll, and if the
AFRB (lest ied the motion, the property owner COIL] d sue the ARB and recover his attorney's fees. Of course, (here is
no Iovision for tlic ARB to recover its attorney's fees from the property owner. This provision would further tilt
ncc Iit iFntion playing field against appraising and taxing entities, involve ARB members in more Iit igation andpass
rtl+.ae costs aioug to tcixing units and ordinary property owners.
_ 6. Clarify the right of a person who hugs property after ,January Ist of a tax year to pursue any legal
procedures or remedies available to the ,lanuart I ova ner.
7. flu awny with penalties and interest in many instances in which tax hills are returned hl lazing units
undelivered.11 ataxbillweretetumed,thetaxingunit -wouldhavetosendanotherbilltothepropertyotisncr'scorrect
rnGhc s.: of knit 21 clays befrne the delinquency dale or lose, at least temporarily, its right to impose penalties and
fntcrr,l. In many cases. the bill would give uncennin turd conflic•tuig utstructions on which address to use and could
pul appraisal districts and taxing units in the position of trying to read a property owner's mind. A property owner
own+g delingtienl taxes could easily claim that lie meant for his tau bills to go to some other address. Fortunately,
this putt of the bill now includes a requirement that a property ovener request the waiver of penalties and interest
within 6 months of the delinquency date.'Ihis portion of the bill, however, is poorly drafted and its ambiguities are
sure to inspire a great deal of litigation as courts are asked to interpret and explain it. In any event, this portion of
the bill is likely Io impose substantial obstacles to the collection of penalties and interest on delinquent taxes, and
to benefit the negligent or dishonest property owner at the expense of the many honest and responsible property
Un'llel S,
1113. 491 has already passed the House Ways and Meares Committee and may soon come up for approval by the
full House of Representatives. If it passed by the House, the bill will proceed to the Senate. Most probably, the bill
would be referred to the Senate Futance Conunittee. The Senate may be the best place to try to derail this bill.
If you aveconcemed about theprovisions of H.B.491, pleaseexpress yourconcerns to your legislators, especially
your senator. You may also wish to share infomtation about the bill witlrmembers of the governing bodies Qf taxing
units in your area so that they can also communicate with the legislators. A sample letter is included.
As Usnad. N1VBA will be happy to answer any of your questions conceming II.B. 491 or other bills currently
be fore the Legislature. We can also provide you with copies of bills upon request.
o-
I
I
1AHIlsl F 14-c
To The Hotlvrlhlc
IC'x❑': SC'Il❑Ie
P.Q. Bwi 12(1(18 '
Capihd Station
Austin. Texas 78711
he:trP,4ui
r {
1 nm c, I icing to express my coriecm ahout a hill called 11 B. 491 which is currently before the Legisla-
lure "f his hHl represents, n effort by special interests and their lawyers to undennine the Stability of local
I'I,re,mnerllc' tas rolls, to increase the Winne of admirikn dive hearings and Inwsuits c'onc'ernvlg pn+pcrt}'
nsc~. and ht fmthcr shift lax hurdcns and CUSIS on In hutuc;avners ,old small busine:;yes.
I t hc'I mis Properly Tax Code already prat ides it fair and efficient naeuas for property owners to
res,ke disputes aboul tax appraisals 11ff0re tax rolls ate apPruved. II.B.491, however, would expand the
l1wvet of sopliklicatcd properly owners with lawyers to challenge aI ; raisnls offer tax rulk are approved
and rhea destabilize those rolls. Unstable tax rolls cause local governments to impose higher lax rases
bccall C they cannot predict what portion of their lax rolls will ultimately disappear. This means higher
urxcs for cvcn'onc,
II.B. 491 also allows a property owner to disregard his own wrillen agreement w'idr an appraisal district
concerning the appraisal of his property. Properly owners iutd appraisal districts would thus have little
incentive to work logether to delemtine accurate and agreeable values for properties.
Ii.D. 491 would also further tilt the already, tilled playing field of appraisal related litigation. It expands
tl+c unc-sided right of litigious property owners to collect their attorney's fees from apprlllsai districts and
appraisal res9cw boards, fees that are ultimately pald by other property owners, This is true even when an
app4sal district makes a good-faith effort to appraise property as accurately as possible in light of the
Informallon available to it.
Furdtcr. H.B. 491 includes a provision that would require It taxing unit to waive penalties and interest
on delinquent taxes in many instances in which tax bills are returned in the mail. The bill places a wholly
unrealistic bur den oil local governments to ascertain the correct addresses for property owners who often
hasp uo Frown addresses or who may supply conl1k ling infonuation about various addresses. A lax
cv[iector clumul always read a property owner's mind. lust as a cilizen is expec[ed to know of his obliga-
N,)n ht pay fedcfal income taxes, he can reasonably be expected to know of his obligation to pay properly
laxas even if, for sonic reason, a tax hill is not sent to the preferred address.
Please make every effort to oppose this ill-advised and dcslructive bill and stop it from becoming Inw,
four assistance will be a great service to ail of Texas' local govenunems and property owners.
yourssincercly,
EXHIBIT 15-a
I
11. Complete Listing of all McCrear)-, Veselka, Bragg & Allen Clienis
(by County)
Anderson (vunty Simms I.S.D.
011 of Palestine Dlalra I.S.D.
Palcsline LS.D. Red Lick I.S.D.
Neches I.S.U. Pleasant Grove I.S.D.
Wcshvood Hubbard I.S.U.
Urvcr Neches T,111'A Leary I S.D.
UcKalb I.S.D.
I, If~r C1u111y Cily of Def:alb
CilS of Seylnr`w Bom ie Ca. P.uml Fire Prot eutiou Dist. k 16
?cynn"w I I Do~cicC.VP.
i
I;1%'%I1,rnisnlDkrrkI:dP;11l~.nrly lli~ tt
,c
rCounl~ Apprnisa] )i;lricr
[tell C+vint} ~El inc LS.U.
City of licllon Drels.stcr C'ounrc
Belton I.S.D. Brewster Nemr HI I lor'•piml District
City of Killeen San Vlnceure I.&D.
Killeen I.S.D. Dluathou LS.D.
City of Temple Terlingua I.S.D.
Temple I.S'D. City of Alpine
(38 additional jurisdicliuns in
Bell County) Burleson County
Cily of Caldwell
'Thc following clients me rcrresemcd in Bos(jue City ursomerville
County: Sumer'-Hle I.S.D.
City of Valley Mills Caldwell I.S.D.
Clirlon LSA). Bluleson County MUD Ml
Cranlills Gap I'S.U• Snook LS.U.
Bo7 it: Coumy Appraisal Disuict Burnet County Appraisal District
Bowie County Burnet County
City of Nash City of Burnet
City of New Boston City of Granite Shoals
City of Wake Village City of Marble Palls
City of Texarktma City of Bertram
City of 1-car), Mcadow9akc.s Municipal Utility District
Tcxatkatta Community College Burnet Consolidated I.S.U.
New Boston I.S.D, Marble Falls I.S.D.
Rcda ater I.S.D. City (If Cotu>na ood
Textubi a I.S.D.
Liberly•Eylau ],S.D.
City of Redwater
I
E\11IBIT IS-1? i
C .dh, 1111 Cr,uoty Appt usal Disirk l
Calhvun Counly Gotcsvillc I.S.D. I
Citv of Point Comfort
City of Seadrift Crocl;cn Counly
Cil of Pore Lavaca
Calhoun County I S.D.
Crosby County
1'nrt f l'C'onnor Municipal Utility Disvict Cil of Rails
Crosbylou Consolidated I.S.U.
'I he following client is rcprescntcri in Chambers White Rivcr Municipal Water
- Crnnits-
Ehubcre Hill LS.D, 'Ili,, follo A ing client is represented in Dallas
Courm:
Cherokee County City of 11W: hires
i
Cols Counly Uewou County
l:icl:nh +W;iicr Districl Argyle I.S.D.
Wcst CnLe lospital District Cily of Aipic
I C!•kc Ehldcrgrowlrl y4'atcr District (-,it) , -f Pomicr
i
E Pon~Jrr LS.D.
'Ibe following clients are represented in Collin C'ilr of Sanger
County: City of Aubrey
Town of Saint Paul Aubrcv I.S.D.
Wylie I.S.D. Sanger LS.D.
City of Sachse City of Pilot Point
Pilot Point LS.E .
Comrl County E:rurn LS,D.
Corral LS.D. Corinth NIUD #1
Comanche County E:Wlarrd Counly
oustine I.S.U. Soulh Eastland County Hospilal District
Sidney LS.D• Eastland Memorial Hospital District
COnlanche Comely Hospilal Dislrict (Illy of (jomtan
Cily of Comanclle City of Ranger
Comanche I.S.D. Ranger Hospital District
City' of DeLeon Ringer College District
DeLeon Hospilal District Ranger I.S.D.
DO'con I.S.D. Rising Star I.S.D.
Gorman I.S.D.
Cor) ell County C'arbvn L$.D,
City of Oglesby Eastland LS.D.
American Education Complex C'ily of Rising Star
Evanll.S.D.
Oglesby LS.D. Erath County
Jonesboro I.S.D. City of Dublin
City of Gatcsvillc Dublin I.S,U.
City of Coppcnls Cove Lake Proctor Irrigation Authority
ENRI fIT 15-c
Falls Cminly Appraisal District Grimes County
Grimes County A}+praisal Disuict
Fannin CQUnIN' Navasota I.S.t
Cite of Navasota
Fooid County Appraisal District h4a LS.U,
Foard County ,Anderson-Shiro Con: olidutcd I.S.D.
Foard County Hospital District Griutcs Co. C.E.D.
Gu+ecll LS.D. RkIr rds LS.D.
r'
i i Freestone County Guudahipt Count}
~ Cite of Sirccttnnn
City of Fairfield llo:deman Count.
Fairfield Hospital Disu ict City of flumwh
t
D-c%v L&D, (hrtnah I.S.D.
Tcniguc Hospind District
Hardin Cuuuty Apprrkal Disuicl
The following client is represented in Galvestun Hardin County
Cvuntr: Kvuntze 1.5,D.
Santa Fc I.S.D. City of Kourwc
Garza County Hatrlsot, County
Garza County Hospital District Harrison C mmral Appraisal Dist ict
City ul Fast City of Marshall
pusl LS.D. Marshall I.3.D.
City of Waskont
The following clients nre represented in Grayson Hallsvilie I.S.D.
County: W'askom I.S.D.
City of Whhe.sb,, Harlelon I.S.D.
J City of v'- t .'.Istyne Elysian Fields LS.D.
sl
City of Collinsville `
Collinsville I.S.D. The following client is represented in t
liaskcll count),: ! +
11e following clients are represented in Gregg Rochester LS.D, I
COUnIy:
City of Gladewatcr Ifendtrson County
C'ily of Warten Henderson County Appraisal District
Gladewatcr County Line I.S.U. City of Eustace
Pint Tree I.S.U. City of Trinidad
White Oak I S.D. City of Alhcos
Longview E.S.U. City of Enchanted Oaks
Citv of Chandler
Athens hIWA
Athens LS.D.
Murchison LS.D.
i
1
h
I
EMIIft1T 1s-cl
City of utm Harrel
C'ily of brmvnsboro Y.cnt County Appraisal District
LaPoynorI.S.D. gentCounly
Trinidad t.S.D. City of luylon
Crossroads LS.D• Jnyton-Girard I S.D.
lJill Ckiwit% TIC following client is represented in Kerr County:
City of Hillsboro Kenviile I.S.D.
j City of Feaeloire Celli ^j Fuiul [.S.D.
j 'I chuacana Creek Water Shed
I Jill County Appraisal District Kbriblo County Appraisal Dist.
t City of lma crt Kimblc County
City o1' C'oving:on City of Junclion
City of Ablxm Kimtilc County Hospital District
Ayuitla F.S.U. Junction I.S.D.
fiillsburo 131).
hasca LS D. The following client is represented in Kleberg
Malonc J.S.D. County:
II llohbard I S.D. Fivicra LS.D,
Covington I.S.D,
Abbott LS.D. Knox County Appini,sal District
Knox County
The following clients ate represented in City of Benjamin
I Hocklcy County: Cily ofuotec
City of Sundown City of Knox City
Smyer I.S.D. City of Munday
North Central Texas ,INf1VA
The fuilowing client Is represented In Jackson Goree I.S.D.
County: Knox Cily-O'Brien LSD,
Jackson County WC1D 02 Munday LS,D.
Benjamin LS.D,
Jeff Davis County Knox County Drainage Diatrict
Fort Davis I.S.D, Knox County Hospital District
Valentine 1.S.D,
Leon County
The following client is represented in Jim Hogg City of Jewett
Counly: Cenimilie I.S.D.
All Hogg County WCID #2 Leon I.S.D.
Oakwood LS.D.
Tic folluwiug clicnis are represented ill Joncs City of Marqucr.
Cou'ny:
City of Stamford Tic following clients are represented in I,itnestone
Stamford Hospital District County:
Slnntford County Line J.S.D. Mexia I.S.D.
h City of Thornton
Kendall County City of Groesbeck
Groesbeck I.S.D.
I
1:AI[IflIT IS•c
Lyln County Appraisal District Comon I.S.D.
Lynn County Bmkholts [.S.D.
City of Tahul..n 'Ihnnidide I.S.D.
r'ahuka I.S.D. Milano I.S.U.
Nca home I.S,U.
Wilson I.S.D, The following clients are represented in Mitchell
Cily of Wilson County:
City of Colorado Cily
'Ihe follo- ingclient is represenled in Nfnrion Colorado I,S.D,
Counly:
C'i1c of Jefferson Motley Counly
Molley Counly I.S.D.
1`1:11tin Cowry
The following clients we represented in Navarro
The following clients are rcpresenled in McLennan Courtly:
C'ouufy Corsicana [,S.D.
City of McGregor Frost LS'V.
CITY of Waco
Waco I.S.D. The following client Is represented In Panola
City of Lacy Lakeview County:
McGregor I.S.U. Gary LS,D.
Lit VcFa ).S.D.
Midway I.S.D. Pecos CoL,,ty
Bosyueville 1,S,D. City of Fort Stockton
City of Loreha Fort Stockton I.S.D.
Irawk Sheffield I.S.D,
Afenald Counly Appraisal District
Meoard County Pre.ddio County
City of Mcnard Presidlo LS.D.
Mcnard LS.D. City of Piesidio
Marfa I,S.D.
Midland Central Appraisal Dislrlct City of Marfa
Midland I.S.D.
City of Midland The following client is represented in Real County:
Midland C'ourHy Hosl-;lal Dislri:t Lcakey I.S.D.
Midland County Jr. College
The following client is represented In Red River
Milan Counly County:
City of Bulkhoh Clarksville
Donahoc Witcrshcd
Elm Creek Watershed The following clients are represented in Reeves
Gause I.S.D. CururtY
City of norndaie City of Ba roc•_,ea
City of Comicrotn Balmorhea LS.D.
I
EXHIBIT t5-f
I
,
The following client is represented in ftcin90 Ceniml Appraisal Uistrict of 'Tn 1or CountN
Crnmri„ Taylor Coonly
Rcfugio County N%'C'ID #l Cily of Merkel
City of Trent
KunuclS C'oauty City of Abilene
City of 1Vintcrs City of Buffalo Gap
city (if Lawn
City of falilcs y
1Vin1cr9 I.S.D. City of Tuscola
flnllingcr LS.U. City of Impact
11'esl Ccunad Texas TINVI)
Miles I.S.D.
`
I Abilene LS, D.
Mcrkel I.S.U.
Scldclrher Crnimy
&IIIclcher County Appraisal Ui LIM Ti-Nit 15. U.
Cite of Eldorado Jim Ned LS.D.
5cidcichcr County I.S.D. Wylir I.S.D.
Eula I.S.U.
Shackelford County Appraisal Dislrlct Valley C'reck W,C.D.
Shackelford Cuunly Taylor C.E.D.
City of Albany Tusculu Taylvt County Fresl+ W.D.
C'ily of Moran
West Central Texas M`i'D Terrell County
Albany I.S.D. Terrell I.S.D.
Moron I.S.D.
Shackelford County Ilospilat Disuicl Terry County Appraisal District
Terry County
Stephens County City of Meadow
City of Breckenridge City of Brownfield
West Ccnu al Texas h1WD Terry Memorial Hospital
Breckenridge I.$.D. BrnwnficId Consolidated I.S.D.
Meadow L&D.
SlcrNng Comity Union I.S.D.
Slcrling City 1S.D. Wellman L5.U.
Sterling Co. UWU
CUy of Slcrling ON Co fuliu"9ug clier' is n prescnleJ in Titus
County:
Sulton County Appraisal District City (if Mount Pleasant
Suuun County
City of Sonora nrl 2andf County Appraisal Disu icl
Son +ra I.S.D. City of Canlnn
City of grand Saline
the folk," ing client is repre6cnl,d in'I'atraut Canton I S.D.
Counly, Grand Saline 1.S-D,
Fella I.S.D.
EXHIBIT 15-g
Martins Mill LS.D.
Van I.S,D,
Wills Point I.S.D.
I ylcr Junior C'ollcge
City of Wills Point
Victoria County
Victoria County WCID #1
City of Victoria
Vklori:l I.S.D.
Dluotningtun I.S.D.
The following client is represented In Waller
County:
City of Prairie View
7 he following client is represented in Webb
County:
Mirando City I.S.D
The following clients are represented In Wilbarger
County:
City of Vernon
Vernon LS.D.
Northside I.S.D.
The following clients are represented in
Williamson County:
City of Taylor
City of Georgetown
City of Leander
Oeorgetowu LS.D.
Leander I.S.D.
('it), of Cedar Park
The following client is represented in Wool
County:
City of Mineola
I
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I
ESHIBIT 16-a
QQVI JI 'J' Felt 111E (UL4E.CTI_u:._(1"
C!ELINQUE)T PP.OPEF,1-Y _TA};ES
1'11r. S'rATE OF TEXAS
4
f''+Er111'1' OF lu;n,N rr
IIIIS CC?NTRACt is made end entered into by and bettiuen the CITY OF PENTON
('Ill- Cdtv), ecting herein by sail through its governing body, and McCreary,
Ve,neil'.n, Prr^g end Allen. P.C. and Ifayes. Coffey. and Bern, P.C. (for the
p!+rposp of this ecntrecl only IleteinnfLet j,intJy referred to es The Firm),
+ '1 Poltones Drive, P.O. Pvx 26990. Auntin. Texas. 78755.
I.
Hom t'lty agrees to employ and does hereby employ The Fitm to enforce by
snit nr otherwise the collection of all delinquent taxes, penalty and interest
r.wlny, to 1'l:e City. rlurrent veer taxes which become delinquent within the
periud of this MILrnet shall become subject to the terms of the contract upon
the,, fnllvwiug Conditions:
A. Taxes that become delinquent during the term of this contract, that
arp not delinquent fcr env prior years, heccme subject to the terms of this
!"untrect ou July 1st of the year in which they become delinquent.
B. Taxes that become delinquent during the term of this contract, on
property that Ili delinquent. for prior years and is the subject of a suit to
collect the prior years delinquent taxes, shall become subject to its terms on
the first dey of delinquency as defined by the Texas Property Tax Code.
C. 1'le Firm rhall begin collecting current year personal property taxes
oil March 1st of the year in which they become delinquent. Notwithstanding the
pruvislons of paregrsph VI of this canttacl, The City shall not owe The Firm a
fee on the current year delinquent pc-soual property taxes collected between
March 1st and June 300 unless attorney's fees are collected pursuant to
Section 33.43 of the Texas Property Tax Code.
II.
1'he City agrees to furnish all necessary delinquent tax information to The
ritm on all property within the boundaries of the City. The City hereby
nuthotlres the Firm to determine the nerno. identity and location of necessary
patties and to procure necessary legal descriptions of property and hereby
nsslgns to the Firm the right to tecover the costs of obtaining such
Infotme tIon .
Itl.
fhe Firm is to edvise The City of errors, double assessments or other
discrepancies coming under observation during the progress of the work.
IV.
The rirm is to intervene on behalf of The City in all stilts for ad valorem
taxes hereafter flied by any other taxing unit on property located within its
brnurd~ries.
I
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E :HIE; I'I 16-b
V.
'lce firm agrees to make delinquent tax collection progress reports to The
City monthly and quarterly.
V1.
The City agrees to pay The firm. for services rendered. Fifteen Per Cent
(IST.) oc ell d<linquent taxes, penalty and interest collected by The City for
yrnrs covered by this contract. The penalty imposed pursuant to Section 33.07
ur the property ',rex COtie is not subject to this contractual fee. All fees
provided for in this contract shall become the property of The Firm at the
time payment of taxes, penalty and interest is made to The City. The City
r shall pny fees due me Firm monthly t+y check.
Vll.
'This contract shell commence on the day of
a1993,
nd shall continue in full force and effect from ' year to year the
party rleIivers written notice to the r unless either
otlrer party of its intent to terminate
this contract et least thirty (30) days prior to the anniversary date cf this
cunttoct. The Firm shall have an additional six months to reduce to judgment
and sale all tax collection lawsuits filed and collect all banicruptcy claims
filed prior to the termination date and shall have she exclusive right to
compensation of fees earned due to these suits during this six month period.
In consideration of the terms and compensation herein stated. The Firm hereby
accepts said employment and undertakes the performance of this contract as
above written.
VIII. {
phis contract is executed on behalf of The City by the presiding officer
of Its governi.ug body who is authorized to execute this instrument by order
heretofore passed and duly recorded in its minutes.
WITNESS the signatures of all parties hereto in duplicate originals this
the clay of A.D. 1993, Dentm County, Texas.
i
THE CITY OF DEMON
l1AYES, COFFEY & BERRY, F.C. M-CREARY, VESELF,A. BRAGG AND ALLEN, P.C.
Attorneys of Lau Attorneys at Law
101 South Locust. Suite 601
iientun. 'Texas 76201 Cate Way Center
.'~'d19 Dsicones Drive
F.(1. L•ox 26990
B1' A+,alin. '.texas 76755
Richatd D. Hayes, President
BY _
6'ilbert T. Bragg
Mansging Fartner, Denton Branch Office
A Proposal to Collect
Delinquent Ad Valorem Taxes
for (he
CITY OF DENTON
i
E
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I
Submitted by
Heard, Goggan, Blair & Williams
Attorneys at Law
326-G Fast A1c'.inney 2323 Bryan Street, Suite 1720
Denton, Texas 76201 Dallas, Texas 75201
(817) 383-4460
(214) 880-0089
and (800) 441-0960
Curtis M. Loveless Mice Gregory
Attorney at Law Attorney at Law
218 North Elm 303 N. Carroll Blvd, Ste. 200
Denton, Texas 76201 Denton, Texas 76201
(817) 383.1618
(817) 387.1600
May, 1993
i
HEARt7. GOGGANr BLAIR & WILLIAMS
ATTORNEYS AT LAW
Cl4Eq S ^EAPC SP ALLIAN2 FINANCIAL CENTRE CCw[T415 [ SAMOS^N
i, D.e..Dnl SUITE 1720 'Aq a 6[NKYT
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Mr, Tom Shaw
Purchasing Agent
City of Denton
901-B Texas Street
Denton, Texas 76201
I
Dear Mr. Shaw:
We are pleased to submit our proposal to continue delinquent tax collection services for
the City of Denton. Our current representation of the City of Denton and the Denton
Independent School District, together with our continued representation of numerous other taring
units in the North Texas area, enables us to continue to maximize delinquent tax collections for
the City of Denton.
Once again, our proposal is jointly submitted by the law firms of Heard, Goggan, Blair
& Williams (HGB&W) and the Denton law offices of Curtis Loveless and Mike Gregory,
HGB&W and its affiliated Denton law firms have had a strong presence in Denton since we
were hired by the City in 1986 to collect delinquent property taxes. HGB&W has maintained
an office in Denton, hired Denton residents and utilized Denton vendors and suppliers for the
past six and a half years, We feel our proposal offers the City of Denton the expertise of
HGB&W, the most successful delinquent tax collection firm in Texas, and two local firms that
serve as liaisons to the Denton community and bring a unique local perspective to our collection '
efforts by assisting HGB&W in customizing our program to local interests.
Although we believe our toll xtion performance has been outstanding for the past six and
a half years, your request for proposal (RFP) provides us the opportunity to provide you with
detailed information which might otherwise go unnoticed. We believe a review of our collection j
performance and approach along with our strong local ties and involvement in the Denton
community will provide strong justification to continue our representation. Furthermore, we are
pleased that the Denton Independent School District retained our firm sixteen months ago to
collect their delinquent taxes and they, too, have benefitted from increased collections. Our
recent achievements for the School offer some Tneaningful perspective for the City of Denton.
SAN ANTOW MONSTON AUSTIN PORT 1VOg7N ORDANSVILIC
to AP LIVE 41ILDIw0 3557 TIMMONS A'S 617? t/rELD OLD Oh S OAS OLD.. SUITE 444 350S 10CA C-C
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VAt 1 01 895 440 PA, HJI e244343 'AP O•')51t0O0' M%(2.0~54431D
1
Many of the delinquent accounts that we collected for the School during the past year had been
collected by our firm for the City years ago. j
Collection Performance
Heard, Goggan, Blair & Williams (HGB&W) has collected $4,665,109 in delinquent
taxes, penalties and interest for the City of Denton for the period July, 1986, through March,
1993.
Our performance for the City is tested, proven and predictable, We believe this is an
excellent record of performance, particularly in light of the economic downturn which hit North
Texas in the late 1980's. The amount of delinquent taxes that has been collected has
remained consistently high in proportion to the amount of delinquent taxes that have been
turned over to our firm for collection. The "turnover" of delinquent taxes to HGB&W has
declined for the past four years, from $755,923 turned over on July, 1988 (1987 tax year
i
delinquency) to only $433,010 that was turned over on July, 1992 (1991 tax year delinquency).
This represents a 43% decline in delinquent taxes turned over to our firm for collections.
Collection activities that have been performed by HGB&W on behalf of the City of
Denton are described in detail throughout the Proposal and are highlighted below;
• Demand Letters Mailing Activity 18,000 letters
• Lawsuit Activity-
Filings 1027 Cases
Delinquent Tax Amount $1,845,494
Cases Resolved 775 Cases/75%
• Bankruptcy Activity-
Pending Cases 182 Cases
Amount in Bankruptcy $395,163
Collection Approach and Enhancements
Our firm's experience and expertise in collecting delinquent taxes and the collection
results which we have achieved for Denton, Denton Independent School District and other North
Texas clients is described in Section 1. The project team that supports the City of Denton, our
local office in Denton apd the role of our affiliated attorneys, Curtis Loveless and Mike
Gregory, is described in Section It.
Section III of the proposal describes our unique blend of diverse disciplines, i.e,,
computer science, personal contact, deed and business research, skip tracing, traditional trial
advocacy, bankruptcy and federal agency collection efforts. Also described are the ancillary
legal services and other collection activities that we provide the City. Our data processing
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capabilities are described in section V and are believed to be unparalleled in the field of
delinquent property tax collection.
Since we began our representation of the City in 1936, our firm has made several 1
enhancements designed to further improve the quality of representation to our clients. These
improvements include an aggressive collection approach and the establishment of a bankruptcy
and federal receivership unit in each of our major offices.
The amount of delinquent taxes owed to the City in bankruptcy cases has grown in the
past several years to approximately $395,000. We have perfected the collection of taxes through
the U.S. Bankruptcy Courts by contesting reorganization plans, protesting delays of plans, lifting
the stays on single asset bankruptcies, etc. In addition, during this period there has been a
proliferation of property being transferred to the FDIC or the Resolution Trust Corporation
(RTC) as a result of the collapse of the banking and savings and loan industries. Our firm has
led the way in both areas of the law on behalf of taxing units. Over the past several years, we
have developed additional capabilities regarding federal receiverships thereby maximizing
collections. Our abilities in this area are recognized as "leading edge" and have resulted in our
conducting a series of seminars for property tax professionals, including the Annual Property
Tax Institute Conference held in Austin and the Texas Association of Assessing Officers Annual
Conference, Ms. Sydna Gordon, our attorney who represents the City of Denton, won a major
victory in September, 1992 against the FDIC in Irving ISD v. Packard Propgriies. et at the
Fifth Circuit Court of Appeals.
Imnnct on the Denton Community
In addition to the substantial increase in tax revenue that the City has recognized, the
presence of HGB&W in Denton has had a very positive impact in the community during the past
six and a half years. Our employees are Denton residents and we have participated in the Texas
Women's University Cooperative Education program for the past two yeas. Our firm has been
a memher of the Denton Chamber of Commerce since 1987 and supports local charities
including the United Fund, Denton Jaycees, Denton Special Olympics and the D.A.R.E.
program. We participate in the Denton Adopt•A•School Program and have contributed to the
Denton Independent School District Scholarship Program, Teacher of the Year Award and the
Teacher Mini-Grant Program.
HGB&W has maintained an office in Denton since 1986 that supports local businesses
by utilizing Denton vendors and suppliers. It is estimated that over $400,000 has been spent
In the Denton community by our Finn in support of this contract over this period. This
includes payments for such things as salaries, rent, office supplies and services, research books
and subscriptions, equipment purchases, leasing and maintenance contracts, telephones, utilities
and contributions to charitable organizations.
HGB&W has joined with two local firms to provide the best possible collection services '
to the City of Denton. Curtis Loveless and Mike Gregory have practiced law in Denton since
1969 and 1974, respectively, and both maintain their own law office in Denton. They assist
HGB&W in the monitoring and implementation of this program by serving as liaison with the
local bar, press, judicial and other courthouse officials, Both are active members of the
community, participating in such organizations as state and local bar associations, Denton
I
Chamber of Commerce, Big Brothers/Big Sisters of Denton County, YMCA, Boy Scouts of
America and local churches.
Concluslo
Our collective efforts and our local presence have had a very positive impact on the
City's financial position. We are proud of our collection performance and our partnership with
the City of Denton. We stand ready to compete for the City's collection business based on our
record.
We very much appreciate the opportunity to submit this proposal and hope that we have
the opportunity to continue to represent the City of Denon in delinquent tax collection matters
in the future. We look forward to discussing this proposal with you and addressing any
questions you may have. In accordance with the instructions you provided, our proposal
references by number the City of Denton Criteria for Selecting Firm.
Kindest regards,
STEPHEN S. BLAIR
I
TABLE OF CONTENTS
Page
Highlights of the Proposal i
1. Experience of the Firm (RFP: Selection Criteria 1, 2, 2) I
Introduction of the Firms • I
1
Proven Performance .
HGB&W Delinquent Collections for Denton ISD 4
Delinquent Tax Roll Analysis 5
Client References 7
11. Project Team and Offices (RFP: Selection Criteria 3, 4) 8
Biographical Information 8
Denton Office 13
Denton Community Involvement 14
North Texas Regional Office • • 14
Pictures of the Denton Collection Team 15
111, Scope of Work (RFP: Selection Criteria 3) 16
Written Notification 18
Taxpayer Assistance 19
OwnershiplLienholderlAddress Research 19
Te'.ephone Contact and Collections 20
Litigation Strategies and Tax Warrants 21 1
Bankruptcy 25 ,
Federal Agency Collections 27
Ancillary Legal Services 28
Paving Assessments, Substandard Housing
Demolition Liens and Weed Liens 29
Martag:ment Information and Reporting 29
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31
1V. Denton's Customized Tax Collection Program .
V. Data Processing (RFP: Selection Criteria 3) 36
VI. Equal Employment Opportunity and Affirmative Action 40
VII. Suggested Performance Criteria, Financial Stability and 42
Performance Commitment (RFP: Selection Criteria S) j
VIII. Division of Responsibilities 45
1X. Summary of Attorneys' Fees and
Proposed Contract (RFP: Selection Criteria 6) 48
X. Appendices 49
Appendix A: List of Clients (RFP: Selection Criteria 2)
Appendix B: Sample Mailing Information
Appendix C: Media Coverage
Appendix D: Statistical Reports
Appendix E: Proposed Contract
J
HIGHLIGHTS OF THE PROPOSAL
• Heard, Goggan, Blair & Williams (HGB&W) is a statewide law firm that since 1980 has
practiced principally in the field of delinquent property tax collection. We have collected
delinquent taxes successfully for the City of Denton since July, 1986. We also have
been retained by the Denton Independent School District for delinquent tax collections I
since January, 1992.
• HGB&W is the most successful tax collection firm in Texas. We annually collect
$155,000,000 in delinquent taxes on a statewide basis. Each year we mail approximately
1,500,009 demand letters and file and aggressively prosecute more than 35,000 lawsuits,
• HGB&W has collected $4,665,709 for the City of Denton, We believe that the City of
Denton has enjoyed excellent delinquent tax collection representation sabsegvent to
engaging HGB& W in 1986.
• HGB&W is currently comprised of over two hundred fifty (250) persons, including
atto:neys, system designers, analysts, computer programmers, managers, finance
specialists, public relations specialists, paralegals, collectors, researchers, clerk; and
secretaries.
• H0l&W offices are strategically located in fifteen (15) cities throughout Texas,
including our North Texas Regional Office located in Dallas and our Denton office at
326-0 East McKinney Street.
I
• HGB&W represents more than two hundred twenty (220) taxing units all across Texas,
including both Dallas and Tarrant Counties as well as many other taxing units in North
Texas incbjding the Cities of Dallas, Fort Worth, Carrollton, Arlington, Grand Prairie
and Sherman. Because of out size, we have the depth of staff and computer resources t
to tailor our collection program spe^ifically to meet the needs of the City of Denton.
• The two Denton law firms of Curtis M. Loveless and Mike Gregory assist in the
monitoring and implementation of this program. These firms serve as a liaison with local
officials, and act as consultants r,dyisiilg our firm of local concerns and assisting in
litigation matters,
• HGB&W's collection program as detailed in Section III comprises an innovative mix of
diverse disciplines including computer science, telephone collections, property ownership
and location research, traditional trial advocacy, post-judgment enforcement, bankruptcy
representation, federal agency collection efforts and seizure activity.
• HGB&W's data processing capabilities are described in Section V and are believed to be
"second to none" in the field of delinquent property tax collection. Our management
reporting, case tracking and document production and bankruptcy tracking systems all
demonstrate the sophistication of our computer applications in the field of delinquent tax
collections.
• We believe that to represent a community effectively, we must be involved in the
community. In Der.jn, HGB&W supports the Chamber of Commerce, United Fund,
Denton Jaycees, Denton Special Olympics, D.A.R.E. Program and the Denton ISD
Adopt•A-School Program. We have participated in the Texas Women's University
Cooperative Education Program for the past two years.
• An Austin office is maintained by HGB&W to keep abreast of the latest legislative
matters, Attorney General opinions, and interpretations of the State Property Tar Board
and the decisions of the Supreme Co,jrt of Texas.
I
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1
I, EXPERIENCE OF THE FIRM
(kFP: Selection Criteria 1, 2, 3)
INTRODUCTION OF THE FINIS
Ileard, Goggan, Blair & Williarns
Heard, Goggan, Blair & Williams has been engaged principally in the collection of
delinquent ad valorem taxes sine Jam~ary, 1980, and is the most successful tax collection firm
in Texas. We have more attorneys, a larger professional staff, and have collected more
delinquent taxes, by far, than any other firm in the state.
The firm is currently comprised of over 250 persons, including attorneys, system
designers, analysts, computer programmers, managers, finance specialists, paralegals, collectors,
clerks and secretaries. Our office locations include:
• Angleton • Dallas • Laredo
• Austin • Denton • Richmond
• Beaumont • Fort Worth + San Antonio
• Brownsville • Greenville • Sherman
0 Conroe • Houston • The Woodlands
We collect $155,000,000 in delinquent taxes on an annual statewide basis. Every year
we mail approximately 1,500,000 demand letters and file and aggressively prosecute more than
35,000 lawsuits.
HGB&W represents over 220 taking units throughout Texas. We represent most of the
largest taxing units in the State that utilize private attorneys for delinquent collections. Some
of the cities we represent in North Texas include Dallas, Fort Worth, Carrditon, Arlington,
Grand Prairie and Sherman. A list of clients is included in Appendix A.
Curtis M. Loveless and Alike Gregory
Our associated attorneys will continue to be Curtis M. Loveless and Mike Gregory.
They will continue to monitor the project and act as a liaison with local officials. Both attorneys
will continue to be in a position to advise HGB&W regarding local concerns. As local attorneys
with established practices in Denton, both lawyers have effective working relations with judges,
clerks, deputy sheriffs and constables in Denton County, who are necessarily involved in the
collection process. These attorneys bring an increased level of local legal experience which aids
HGB&W in enhancing its delinquent tax collection program for the City. They also assist in
litigation matters. In addition, Messrs. Loveless and Gregory act as ombudsmen for taxpayers,
when necessary.
PROVEN COLLFCTIO'V PERFORMANCE
HGB&W has achieved unparalleled success in the field of delinquent tax collections
throughout Texas. Delinquent property tax revenues consistently increase after HGB&W has
been engaged. Since July, 1986, HGB&W has collected $4,665,709 in 0.6inquent taxes, penalty
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and interest for the City of Denton. During the past delinquent tax collection year of July, 1991
through June, 1992, $640,939 was collected. In each of the past six years, HGB&W has
surpassed the 1985.86 total collections amount of $292,788 achieved by the previous law firm.
Our delinquent tax collection performance for the City during the past six years is recapped
below.
FIRM DATE COLLECTIONS INCREASE
OVER 1935
Terry Lewis 7/85 - 6186 $292,788
1 HGB&W 7/86.6/87 650,339
HGB&W 7/87 • 6/88 1 747 5%
HGB&W 7/88 • 6/89 860,095 194%
HGB&W 7/89 - 6150 825,745 182%
HGB&W 7/90.6/9! ,370 182%
HGB&W 573,624 9640
7/1ol • 6192 640,939
119%
It is important to note and understand the relationship among: (1) the City's overall current year
tax collection percentage, (2) the delinquent taxes fumed over to HGB&W on July 1 of each
year for collections, and (3) the total delinquent dollars that are collected. This relationship can
be summarized as follows:
• CURRENT YEAR TAX COLLECTION PERCENTAGES
The current year tax collection percentage for the City of Denton Is extremely
high, with the percent of the 1991 levy collected as of September, 1992, being
97.78%. This is the highest overall percentage that the City ;,as achieved since
we were retained in 1986. We are hopefu; that our efforts In the July through
September period have contributed to this overall collection rate,
AccorJing to City reports, the current year collection percentages for the past
seven years have been as follows:
1985 levy as of 9/86 96.62%
1986 levy as of 9/87 96.97%
1987 levy as of 9/88 96.30%
1988 levy as of 9/89 97,11%
19891evy as of 9/90 96.60%
1990 levy as of 9/91 97.07%
1991 levy as of 9/92 97,78%
2
• DELINQUENT TURN01/Ek TO fICB&1V
The amount of delinquent taxes turned over to HGR&W for collections on July
I of each year has dramatically declined over the past four years, The July,
1992, turnover of $433,010 is 43,% less than the July, 1988 turnover of
$755,923. The turnover represents the most highly collectible dollars and is the
best predictor of the delinquent collections for the next twelve months. The
turnover of delinquent taxes has been as follows;
TURNOVER
TAX TURNOVER CHANCE IN
DATE AMOUNT TURNOVER
July, 1986 1985 $533,428
July, 1987 1986 649,054 21.86%
July, 1988 1987 755,923 16.47%
July, 1989 1988 747,340 <1.14%>
July, 1990 1989 597,310 <20.08%> c
July, 1991 1990 552,676 <7.47%>> <4310>
July, 1992 1991 433,010 <21.65%>
1
• DELINQUENT COLLECTIONS '
Even though the amount of delinquent lazes turned over to the firm has dropped,
our collections have continued to stay consistently above the turnover. This is a {
particularly impressive record, in light of the economic condition of North Texas
during the past several years. The chart on the following page compares and
overlays the turnover amount and the collections achieved on the same graph. We
feel this chart illustrates a very favorable relationship between the two factors. I'
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CITY OF DENTON
Turnover/ Collections Comparison
Thousands
r~~y 1000--
800
600
400 -
i
200-
-L__-_-~_--
0
7/86 7/87 7/88 7/89 7/90 7/91 7/92 I
Turnover Collections
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IIGB&W DELINQUENT COLLECTIONS FOR DENTON iSD
Denton Independent School District retained HGB&W to collect delinquent taxes in
January, 1992, after having used McCreary, Veselka, Bragg and Allen for a number of years.
During our first year, HGB&W collected $1,468,290 in delinquent taxes, or 18% more than the
$1,246,131 collected by McCreary during the previous year. This increase resulted in an
additional $222,159 in revenue for the District. The chart on the following page graphically
illustrates the increase recognized by the District.
We feel our performance for the Denton Independent School District lends an important
perspective to the City of Denton when reviewing the quality of its own collection program.
Because we have collected delinquent tares for the City for six years now, we have worked
through many of the delinquent accounts at an earlier time, We found many of the delinquent
accounts which we collected during the past year for the Denton Independent School District had
already been collected by our firm for the City.
4
DEN'TON ISD
Delinquent Ta>; Collection Results
Twelve Month Comparison
Thousands
1800 - - - - $2,468,290
1400
$1,246,131
(100%)
1200 \\~r~\\\\\\~\\~
000
800
600 -
400
200
1/91-12/91 1/92-12/92
McCreary HGB&W
Increase recognized by Denton ISD • $222,159
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DELINQUENT TAX ROLL, ANALYSIS
Collection performance is greatly determined by both the economy and the make-up (age,
property type and size) of the delinquent tax roll to be collected. HGB&W analyzes the City
of Denton's delinquent tax roll on a monthly basis in order to better customize our collection
program to maximize collections on your behalf.
To better understand the status of the City's delinquent tax roll, we have included this
analysis section, three attached graphs, and Appendix D which includes a full set of statistical
reports.
As of April, 1993, the City's delinquent tar roll totalled $1,789,171 for tax years 1991
and prior. The first pie chart graphically depicts the delinquent tax roll according to property
types. Real property is inherently more collectible than personal property or mobile homes.
While an aggressive collection and litigation program exists, the amounts and relative
percentages for personal property and mobile homes have accumulated as follows:
Real Property $587,142 33%
Personal Property $937,123 52%
Mobile Homes $264,906 15%
The second graph also depicts the delinquent tax roll by property type, but in addition
it 1 idicates the age of the accounts, which is another determining factor of collectability. For
each property type, the most recent year of delinquent taxes (1991) is shaded in the dark black
column, with the prior year delinquency (or less collectible in terms of personal property and
mobile homes) depicted in the grey column. W'e have also indicated that $492,571 in personal
property and $209,213 in mobile home taxes are beyond the Statute of Limitations. A total of
$701,784 or 39% of the total delinquency is beyond the Statute of Limitations.
While these and other accounts that are deemed uncoliectible cannot be legally canceled
according to law, they can be identified and placed in an 'inactive or dead roll'. We would be
f happy to work with the City to establish the criteria and program for dealing with these
accounts. Restating the delinquent rece;vables into an active and inactive tax roll has several
benefits. Information such as this can be extremely useful when making financial projections,
preparing financial reports for audits and bond sales, etc.
Finally, we have also illustrated the delinquent tax roll by the status of the delinquent
accounts. The final pie chart groups the accounts as follows:
Bankruptcy $395,163 22%
Peterbilt $361,924 20%
Uncollectible $299,650 17%
Pending Lawsuits $233,325 13%
Judgments $165,167 9%
Exempt Property $ 86,786 5%
Other $247,126 14%
5
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This pie chart demonstrates the level of activity that we have taken on behalf of the City.
Throughout our proposal we have described our work efforts and our collection program
approach. In addition, the following should be noted;
• Peterbilt represents a disproportionally large percentage of the delinquent tax
roll (20%). This account has been tied up in a value dispute with the Denton
County Appraisal District for tax years 1988-91 and therefore, according to the 1
law, has not been turned over to HGB&W for collections. When the dispute is
resolved, Peterbilt will have 21 days to pay the base tax as established by the
Court without penalties and interest.
• Bankruptcy Proof-of-claims have been tiled and as allowed by Court will be
pursued. Many are paying under confirmed plans; others for personal property
j may eventually be determined to be uncollectible.
• Uncollectible accounts primarily include accounts beyond the Statute of
Limitations and those associated with dk,'unct businesses.
• The Other Category includes both accounts eligible for collections and
litigation and those business personal property and mobile home accounts that are
within the Statute of Limitations but are no longer on the current year tax roll.
4
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CITY OF DENTON
_ Delinquent Tax Roll
f
By Property Type
I
Total Due
As or April, 1993
$1,789,171
Rea; Property
33% $587,142
bite
Mobile
Personal
\ V \ \ \ ~v
oar"~~b\v.....X wV rPe8s
\ \
15% Hor
P1.01)"tY 52% \\vA~\
$937,123
4F
CITY OF DENTON
Delinquent Tax Roll
By Property Type
M 1991 1991 & Prior
I
Thousands
1000 -
$937,123
800
800 $587,142
5492,571
9 yond Stal to
400 0 11mitaticni
$26-1,906
200 $19 ,748
$209,213
Beyond Statute
$87 575 o IlmItatl u
o - $17 -
Real Personal Mobile
Property Property Homes
Toted Due AS of April, 1993 ~ 197 8 9,171
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CITY OF DENTON
Delinquent Tax Roli
Base Tax + Penalty & Interest
Total Due
As Of April, 1993
X1,739,171
$233,325
13% fending Lawsuits
\0\~\\~\\\
~4~\~,~~~`~\~~ 22% Bankruptcy,
,~w
Uncollectible\,\\,$$395,163
V
$299,680 17%
Exempt C
Property
$86,786 14% Offier
$247,126
(Includes OPP and Mobile Home
Judgments 9% to nts of limitation that are itElut the
$ 165,167 no longer on the current tar roll)
20% Peterbilt
$361,924
• Delingaeal tat toll includes 1701,711 Dail the slalule of
limllalloni. Thll amount It included in the Pending
lowsulll, l0al1aplc7, Uneolleelible. Etempl and
Jadgmeni accounts.
CLIENT REFERENCES
HGB&W collects delinquent taxes for over 220 taxing jurisdictions throughout the State.
We have collected hundreds of millions of dollars, and we handle in excess of 1,000,000
delinquent tax accounts. Our mix of clients goes from the very large to the very small. The
amount of delinquent collections has been consistently increased for all clients, regard ess of
size. We are pleased to submit to the City of Denton the names, addresses and phone numbers
of our clients. This list of KUW clients can be found in Appendix A.
7
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11, PROJECT TEAM AND OFFICES
(RFP: Selection Criteria 3, 4)
As the state's most successful law firm collecting delinquent taxes, we employ a statewide
staff of over two hundred-fifty (250) people of varying backgrounds who are drawn upon to
serve the City of Denton.
The partners of the law firm are responsible for overall supervision and maintenance of
professional standards and high quality work. They are assisted by a large staff of attorneys
who perform much of the litigation and legal counsel that are required both by the City of
Denton and the other taxing jurisdictions which we serve. We have a statewide management
team and data processing staff that includes over twenty programmers and technicians who,
similarly, have responsibilities for coordinating operations statewide, including those tasks
involving the City of Denton.
Brief biographies of the partners, attorneys, management, paralegal and data processing
individuals who serve the City of Denton are found below. Information concerning our affiliated
attorneys, Curtis Loveless and Mike Gregory, is included along with descriptions of the
HGB&W's Denton and North Texas Regional Offices. Also included at the end of this Section
is a set of pictures of attomeys and managers, along with the three Denton offices, that are
involved in collecting taxes for the City of Denton.
BIOGRAPHICAL INFORMATION
Affiliated Attorneys
Curtis Loveless and Mike Gregory have affiliated with HGB&W since 1986 and provide
contract oversight, monitoring and liaison services. They bring unique local knowledge to our
program and serve in an ombudsmen capacity.
Curtis Iii, Loveless is a life-long resident of Denton and graduated from Denton High
School in 1962, Mr. Loveless was admitted to the Bar in 1969 after receiving his B.B.A. from
University of North Texas and his J.D. from the University of Texas at Austin. He is also
admitted to practice before the U.S. District Court, Eastern District of Texas and Is Board
Certified in Family Law by the Texas Board of Legal Specialization. He is a member of the
Denton County Bar Association, the North Texas Bar Association and the American Bar
Association. He is also a member of the Family Law Council of the State Bar of Texas, the
President-Elect of the Texas Chapter of the American Academy of Matrimonial Lawyers, and
was on the Board of Directors of the Texas Academy of Family Law Specialists for seven years.
Mr, Loveless has served on the past three Texas Supreme Court Committees on Child Support
Guidelines, the Manual Revision Committee of the Texas Family Law Practice Manual, and the
Planning Committee for the Marriage Dissolution Seminar. A speaker at the State Bar of Texas
Continuing Legal Education Seminars, Mr. Loveless is also author of numerous articles and was
recognized In recent editions of "Bzst Lawyers in Texas."
Alike Gregory Is also a native Dentonite. He graduated from Denton High School in
1963 and was admitted to the Bar in 1970 after receiving his B.B.A. and J.D. from the
University of Texas at Austin, After seeing as a lawyer and militaryjudge in the U.S. Marine
Corps, Mr. Gregory commenced his law practice in Denton in 1974. He is admitted to practice
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before the U.S. Supreme Court, the U.S. District Court, Northern District of 'Texas, the U.S.
Court of Military Appeals and is Board Certified in Family Law by the Texas Board of Legal
Specialization. He is a member of the American Bar Association and a member and Past-
President of the Denton County Bar Association. Mr. Gregory is also a member of the
American Academy of Matrimonial Lawyers and the State Bar of Texas, Past-Director of the 1
North Texas Family Law Specialists Association and is Past-President of the Texas Academy
of Family Law Specialists. He is a past member of the Denton ISD Board of Trustees, the 1
Board of Directors of Big Brothers/Big Sisters of Denton County and the Board of Directors of
SPAN. He has been involved in fundraising for the YMCA and the Boy Scouts of America and
is Past-Chair of the Board of Trustees of First United Methodist Church. A speaker and
Continuing Legal Education instructor, Mr. Gregory is author of numerous articles and has
received the Amercan Jurisprudence Award. Mr. Gregory is a member of the Denton Chamber
of Commerce.
Heard, Goggan, Blair & Williams Partners:
Oliver S. Ileard, Jr., %%as admitted to the Bar in 1967 after receiving his B.A, and
J.D. from the University of Texas at Austin. He is Chairman of the Texas Board of Legal
Specialization, Past Chairman of the Board of Trustees of the Texas Bar Foundation, Past
Chairman of the Board of Directors of the State Bar of Texas, a member and former National
Secretary of the American Board of Trial Advocates, and a Fellow of the American Bar
Foundation. Mr. Heard is Board Certified in Family Law and Criminal Law by the Texas
Board of Legal Specialization. Mr. Heard is an author and lecturer for the State Bar of Texas
Professional Development Programs, and has presented several papers o i ad valorem taxation
for State Bar sponsored Law Courses. Also, he is a co-author of a Makchew•Bender textbook
on ad valorem taxation.
Thomas S. Goggan, III, was admitted to the Bar in 1967 a,l :r receiving his B.A. and
J.D. from the University of 'Texas at Austin. He is Board Certified ' i Civil Trial Law by the
T^.xas Board of Legal Specialization, and has litigated complex ti! cases, both jury and
r on-jury, in the district courts, the Court of Appeals, the Supreme c ourt of Texas, and the
Supreme Court of the United States. Mr, Goggan is an author aad lest rer for the Sate Bar of
Texas Professional Development Programs, and lectured on ad valoren: taxes for the State Bar
Advanced Real Estate Law Course in the Fall of 1983. Mr. Goggan is also a co-author of the
Matthew-Bender text on ad valorem taxation.
Stephen S. Blair was admitted to the Bar in 1967 after receiving his B. A, and J. D. from
the University of Texas at Austin. He served for years as a counsel to the 'Texas Education
Foundation, Inc., where he gained substantial experience in administering multimillion dollar
government contracts. Also, he was Affirmative Action Officer for the Foundation and serves
in that capacity for our firm. Mr. Blair is a former assistant district attorney, a lecturer on ad
valorem taxation for the State Bar and co-author of the Matthew-Bender text on ad valorem
taxation.
Jim Blair was admitted to the Bar in 1967 after receiving his B.A. from the University
of Oklahoma and his J.D. from the University of Texas at Austin. He was the Assistant City
Attorney for the City of Amarillo Tax Division for two years, Judge of the Municipal Court,
City of Amarillo for two years, the Assistant District Attorney for Randall County, Texas, for
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two years and has been in private practice limited to ad valorem tax collections for nineteen
years. He is a member of the Texas Association of Assessing officers, international Association
of Assessing Officers, Texas Association of School Administrators, and the Texas Tax
Assessor's Association. He has been a lecturer for the T.A.A.O. Continuing Education
Programs, Texas Association of School Boards and Texas Association of School Administrators.
Leslie II, Williarns, Jr., was admitted to the Bar in 1969 after receiving his B.B,A. from
Texas Tech University and his J.D. from St. Mary's University. He was with the firm of
Culton, Morgan, Britton & While of Amarillo, Texas, for four years. He was Vice-President,
General Counsel, and Secretary of a Cargill subsidiary, Excel Corporation, in Wichita, Kansas,
for eleven years where he was an officer and head of the legal department.
Deltetris Aquilla Sampson, Dallas Office Partner, was admitted to the Bar in 1930 after
receiving her B.B.A. and her J.D. from the University of Texas at Austin. She also received
her L.L.M. (Taxation) from Southern Methodist University School of Law. Her experience
includes serving as an Assistant City Attorney for the City of San Antonio, serving as Chief
Counsel to the Texas House of Representatives Judicial Affairs Committee, serving as an
Assistant District Attorney in Dallas County, and being engaged in the private practice of law.
She is admitted to practice before all courts of the State of Texas, the U.S. District Court,
Northern District, the U.S. Tax Court and the U.S. Fifth Circuit Court of Appeals. Her
professional involvement includes and has included active participation in the Dallas Bar
Association, Texas Bar Foundation Fellow, Inn of Court, and she is Past-President of the J. L.
Turner Legal Association, Nis. Sampson's community involvement is extensive and includes
serving on the East Texas State University Board of Regents, the Dallas Area Rapid Transit
Board, the City of Dallas' Domestic Violence Task Force and at the SLLuke "Community"
United Methodist Church. She has been named as a 1990 Outstanding Young Texas Ex of the
University of Texas.
North Texas Reglonal Office Attorneys and Management:
Nancy Primeaux, Ncrh Texas Regional Manager, holds a B.A. in Plan II (a liberal arts
honors program) and a M.S.S.W, in Planning and Policy Development from the University of
Texas at Austin, She has experience in Public Administration, having served as the Tax
Assessor-Collector for the City of Dallas and Dallas Independent School District, and the
Director of the Municipal Court System for the City of Dallas and as the Grants and Contract
Manager for Dallas County, She has been named to the Outstanding Women of Texas and is
a member of the Texas Association of Assessing Officers, Texas Municipal League and
Association of Women Executives.
Nis. Primeaux serves as the Project Manager for the City of Denton and is
responsible for workplan development, management reporting and the overall
coordination of the City's collection program. She is responsible for
communicating revenue projections to City Finance staff and preparing and
presenting annual performance reports, She monitors collection performance
against goals and projections.
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Sy'dna IL Gordon, Attorney, was admitted to the Texas Bar in 1977 after receiving her
B.A. from East Texas State University and her J.D. from Southern Methodist University. She
has been engaged in the private practice of law in Garland and has also served as Senior
Attorney for the Federal Reserve Bank of Dallas. Nis. Gordon is currently serving a fourth term
as a trustee for the Garland Independent School District, having served as President and Vice-
President of the Board. She was elected in September, 1992, to a three-year term as a Trustee
of the Texas Association of School Boards, Nis. Gordon is admitted to practice in the U.S. Fifth
Circuit Court of Appeals, U.S. District Court, Northern District, and the U.S. District Court,
Eastern District. Her community involvement includes fundraising for Garland YWCA, past
President of the American Association of University Women (Garland branch), and former
Director of the Garland Chamber of Commerce. Nis. Gordon is a member of the Texas Bar
Association, Dallas Bar Association, Executive Women of Dallas, Texas Association of School
Boards and the North Texas Area Association of School Boards.
Nis. Gordon is the principal attorney responsible for legal matters involving the
City of Denton. She coordinates activities with Debra Drayovitch, Denton's City
Attorney and conducts federal agency collections.
Michael 1V. Deeds, Attorney, was admitted to the Texas Bar in 1984, after receiving his
B, A. from the University of Houston and J.D. from St. Mary's School of Law. From 1986 to
1989, Mr. Deeds was an associate with a law firm in San Antonio, Texas, concentrating his
practice in bankruptcy, lender liability and collections. From 1984 to 1986 he was responsible
for maintenance and acquisition of producing properties for Exxon Co., U.S.A. Mr. Deeds is
licensed before all courts of the State of Texas and before the Southern, Northern and Western
United States District Courts, including bankruptcy. Mr. Deeds is a member of the American
Bar Association, State Bar of Texas, Texas Trial Lawyers Association and Texas Young
Lawyers Association.
Mr. Deeds is responsible for representing the City of Denton on all bankruptcy
and seizure matters. He assists in federal agency collection matters.
Barbara A. Barrett, Data Manager, Dallas Office, holds a B.S. degree from the
University of Texas at San Antonio in math and computer science. In addition to eleven years
experience with the firm, her work experience includes managing the programming efforts in
the criminal Justice systems for Bexar County, Texas, and serving as the lead programmer and
procedures analyst for the City Water Board of San Antonio.
Ms. Barrett coordinates with the City of Denton Data Processing and is
responsible for the transfer and conversion of all data. She is also responsible for
coordinating demand mailings and assisting in management reports.
Margaret Wilson, Collections-Research Manager, holds an Associate Degree from 1
Northlake Community College in business and real estate. Ms. Wilson Is a former real estate
agent and has several years credit and collection experience. She is presently attending
paralegal classes. Nis. Wilson has been with the firm for two years.
II
Nis. Wilson monitors the City of Denton delinquent tax roll and oversees
telephone collection activity .ind research related functions in support of the
Denton office.
Denton Office
Deborah Patton, Office Manager of the Denton Office, has more than seventeen years
experience in office management and seven years of experience in the collection of ad valorem
taxes. A resident of Denton for twelve years, she has worked in the areas of delinquent account
collections, telephone collection, skip-tracing and litigation. Nis. Patton is the mother of two,
a member of the PTA and the Business and Professional Women of Denton,
Nis. Patton manages FIGS&1N's Denton office and day-to-day operations relating
to the Denton contract. She also acts as the liaison between the City and the law
firm and is responsible for providing collection performance and activity reports
to City officials. Nis. Patton works directly with delinquent taxpayers to
determine if there are any special circumstances or considerations of hardship,
taxpayer e:igtbility for Over-65 deferrals or exemptions, assessment problems,
etc. She may refer them to the Appraisal District or coordinate a payment
arrangement with the City Tax Office. In addition, she coordinates all litigation
activities and interfaces with the District Court. Nis Patton also works with the
Denton County Appraisal District regarding owner information, values and
f exemptions.
Stephanie Fuller, Litigation Assistant, works under the direction of Nis. Patton. Her
duties include assisting taxpayers as well as lawsui preparation, tiling documents with the Court
and special projects. Nis. Fuller is a resident of Denton and is currently seeking a degree at
TWU. She came to HGB&W through our participation in the Cooperative Education Program
at T% VU.
Data Processing and Research Executives,
Our data processing staff of twenty-two (22) professionals is directed by two Data
Processing and Research Executives:
David J. Dartez, Operations Manager, served as Director of Information Services for
Bexar County, Project Leader for Philco-Ford at NASA's Manned Spacecraft Center and was
Senior Systems Analyst for the City of Houston. With eleven years of experience in delinquent
tax collection, Mr. Dartez coordinates systems development and facilitates communication
between clients and staff on general operational issues and contract negotiations and compliance.
Further, he coordinates technology transfer among our regional offices.
Richard I1. Pachecano, Data Processing Director, received a B,B,A. from the
Uni-,~rsity of Texas at San Antonio in Accounting and Business Data Systems. He has served
as Deputy Director of Information Systems for Bexar County and as Applications Manager
responsible for the County's Financial, Tax Collections and Automobile Registration Systems.
Mr. Pachecano serves as director of the firm's statewide data processing activities. He oversees
a staff of 22 data processing professionals to insure the integrity and reliability of our clients'
delinquent taxpayer information. He has nine years of experience in delinquent tax collection.
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DENTON OFFICE
Our firm has maintained a local office in Denton since July, 1986, that is currently
located across from the Denton City Hall at 326-G East McKinney. In May, 1989, our previous
office location was destroyed by fire. At that time, the firm took immediate steps to be
operational within two days. It has always been our goal to be accessible and responsive to the
City's taxpayers. We provide a 1.800 phone number and a Metro number to our Dallas office
that is included in our correspondence to delinquent taxpayers.
Our Denton office and collections program is managed by his. Deborah Patton. his.
Patton oversees and conducts the day-to-day delinquent tax collection program, coordinates with
City Officials, interfaces with the Court and Denton Central Appraisal District and deals directly
with delinquent taxpayers,
Ms. Patton is assisted in the office by his. Stephanie Fuller, Nis. Fuller provides
collection, research and litigation assistance and assistance to taxpayers' inquiries. She came
to us through the Texas Women's University Cooperative Education program, where she is a
government major with a paralegal emphasis.
The City of Denton benefits from the fact that our firm is a large, technologically
sophisticated, statewide Iawfirm. The North Texas Regional Office in Dallas and the statewide
staffs that are involved with data processing, finance and client and media relations all provide
support to our Denton program.
We feel HGB&W has had a positive financial impact on the Denton Community. Not
only have our collection efforts created an increase in revenue for the City, but our presence has
also supported many other local businesses, vendors and suppliers. As described in our cover
letter, it is estimated that HGB&W has spent over $400,000 in Denton over the last six and a
half years in support of our local office and staff, This includes payments for such items as
salaries, rent, office supplies and services, research books and subscriptions, equipment
purchases, leasing and maintenance contracts, telephones, utilities and contributions to charitable
organizations,
Denton Community Involvement
Our firm values and encourages good "corporate citizenship" through community and
professional service. HGB&W has supported, through its partners and staff, a variety of
worthwhile civic, professional, business, charitable and cultural endeavors.
Member of the Chamber of Commerce since 1987
Texas Special Olympics 1992 and 1993. Contributor and volunteers in the 1992
Texas Special Olympic Games. HGB&W employees spent over 40 hours of work
in setting up the events and games, registration of athletes, and assisted in
presentation of awards in competitive events. HGB&W has again volunteered as
the City of Denton hosts the 25th anniversary of the Texas Special Olympics this
month.
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• Denton Chamber of Commerce - HGB&W worked in cooperation with the
Chamber to obtain volunteers for the school "Speaker Bureau"
• Contributor to University of Nt rnh Texas Scholarship Fund Drive 1991
• Participant in the Texas Women's University Cooperative Education Program
(1992-93)
• Contributor to the Annual TWU Special Olympics
' • Recipient of the Denton ISD Certificate of Appreciation for exemplary efforts in
support of the Denton Public Schools - 1993
- Participant in the Denton Adopt-A-School program (received the Certificate
of Merit for participation in the Ryan Renaissance Program and Adopt-A-
School)
Contributor to the Teacher Mini-Grant of Denton ISD
Contributor to DISD Scholarship program
Teacher of the Year Award 1992-93
• DARE Program (1989.1992)
• United Way of Denton
• Denton Jaycees - Annual Children's Christmas Festival
• United Care of Denton - Provides Christmas party for Denton area abused
children in shelters at Christmas time.
• Denton Fire Deprstment - Fire safety and fire prevention program - National
child safety council
• Denton Holiday Festival Association (1991.1992)
NORTH TEXAS REGIONAL OFFICE
Our firm maintains a Regional Office in Dallas at 2323 Bryan Street in the Allianz
Financial Centre. The staff of the Denton office is directly supported by the North Texas
Regional Office that is staffed by more than thirty five tax professionals, Our North Texas
Regional Office, established in 1983, has a fine reputation of maximizing delinquent tax
collections for taxing units throughout North Texas. We feel it is staffed by some of the best
attorneys, legal assistants, telephone collectors, research assistants, data managers and
administrative. personnel in the field of delinquent tax collection. This staff extends the
managerial, collection, research and litigation capabilities of the Denton Office, We maintain
a toll-free telephone service to our Dallas (800-441.0960) and San Antonio (800-876-6144)
offices as well as Metro lines.
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DeMetris A. Sampson is in charge of partnership matters in the Dallas Region. In
addition to the delinquent tax cases that she personally prosecutes, she is responsible for
oversight of the firm's litigation program and serves as HGB&W's Affirmative Action Liaison
Officer.
Nancy R. Primeaux, former Tax Assessor-Collector for the City of Dallas and DISD, ,
is the firm's Regional Manager responsible for the management and coordination of the City of
Denton's tax collection operations. She provides management reports and collection analyses
regularly to the City staff.
Sydna H. Gordon is the principal attorney responsible for legal matters involving the City
- of Denton. Nis. Gordon keeps the City Attorney informed of legal issues involving ad valorem
tax collection and they work together to identify and resolve special litigation situations within
Denton. Nis. Gordon is also involved with federal agency collections and is constantly
monitoring cases and rulings regarding taxes subject to FDIC and RTC rulings. Michael W.
Deeds is our attorney responsible for bankruptcy, seizure and federal agency collections.
PICTURES OF THE DENTON COLLECTION TEAM
The following pages pictorially illustrate the team of attomeys and managers that collect
taxes for the City of Denton. These key individuals are:
Affiliated Attorneys:
Curtis Loveless, Denton Office at 218 North Elm
Mike Gregory, Denton Office at 303 North Carroll, Suite 200
IiGB&W Members:
Deborah Patton, Denton Office Manager, Denton Office at 326-0 East McKinney
DeMetris Sampson, Partner and Attorney
Nancy R. Primeaux, Regional Manager
Michael W. Deeds, Attorney at Law
Sydna H. Gordon, Attorney at Law
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Affiliated Attorneys
Curtis M. Loveless
If Attorney at Law
218 North Elm
Denton, Texas 76201
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Moth La
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1 '.y
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Mike Gregory
Attorney at Law
303 N. Carroll Blvd., Ste. 200
Denton, Texas 76201
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yY~ 4
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Heard, Goggan, Blair & Williams
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Deborah Patton
k Denton Office Manager
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326-G East McKinney
Denton, Texas 76201
1 1
4'k.
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North Texas Regional Office
DeMetris A. Sampson
Dallas Partner and Attorney
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Nancy R. Primeaux
Regional Manager
Michael W. Deeds
Attorney
SYdna H. Gordon
Attorney
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III. SCOPE OF WORK
(RFP: Selection Criteria 3)
HGB&W believes that a successful delinquent tax collection program must be multi-
faceted, flexible and tailored to each client's specific needs. Most law firms in this field mail
demand letters and file lawsuits. However, the standards which distinguish HGB&W from the
remainder of the field are personal telephone contacts, ownership and location research,
comprehensive bankruptcy, federal agency cotlection and seizure programs and, when necessary,
the aggressive prosecution of lawsuits from filing to execution of judgments.
Oftentimes, people fail to pay their taxes on time because they have failed to receive a
notice of taxes due. Frequently, delinquent taxes result from a change in ownership or address
4 which was not picked up by the appraisal district. This is why HGB&W commits a great deal
of time and resources to research efforts. Our in-house researcher is augmented by abstractors
that we employ to determine the current owner of record, lienholders, and their locations;
information necessary for successful litigation. Every effort is made to avoid collection contact
with non-interested parties, i.e. non-owners who are often listed on the tax roll; and we attempt
to work with homeowners in a cooperative non-combative manner,
This section details the basic collection services that our firm provides. While taxpayer
i notification, address research, and litigation represent the cornerstone in our delinquent
collection program, our firm is committed to designing and implementing a workplan that goes
even beyond these innovative efforts.
The flowchart on the following page illustrates the Delinquent Tax Collection Process that
is described In this section. The key elements of our collections workplan are as follows:
ra Written Notification
• Taxpayer Assistance
• Ownership/Lienholder/Address Research
• Telephone Contact and Collection
I • Litigation Strategies and Tax Warrants
i
• Preparation of Lawsuits, Service and Prosecution of Lawsuits
Collection of Judgments by Abstracting, Execution and Sale
Personal Property Tax Seizure Warrants (Optional)
I • Bankruptcy
0 Federal Agency Collections
11 Ancillary Legal Services
0 Paving Assessments, Substandard Housing Demolition Liens and Weed Liens
f • Management Information and Reporting
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Heard, Goggan, Blair, & Williams
Delinquent Tax Collection Process
No Response Probtems Retum Mail '
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Research
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No Response Problems Retum Mail
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No lilupor►se
Next cycle
1
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WRITTLN NOTIFICATION
Upon receipt if the delinquent tax roll, we send a letter to every eligible account. A
sophisticated computer program integrates tax information with the ttxt of the letter. This
procedure is accomplished by using a Xerox 9700 laser printer, which generates a letter that
would appear to have been produced at a legal secretary's typewriter instead of at the rate of
7,200 per hour. Simultaneously the Xerox 9700 prepares a remittance document which details
the delinquency in the most convenient way to facilitate payment processing when it is returned
in an enclosed window envelope,
Most taxpayers will receive the first letter demanding payment on a date near a payday
when funds might be available for prompt payment. A taxpayer information guide entitled
+ "[n'ormation About Your EWXy Taxes" is enclosed with this letter. Within 45 days of the
first mailing, we absorb the impact of the response and organize a second mailing to
unresponsiv: accounts. Business personal property accounts, mobile home and aircraft accounts
are immediately targeted for lawsuit, and a significant number of such suits are filed
simultaneously with the second mailing, to create credibility for the legal recourse identified in
the letters demanding payment.
Since July, 1986, HGB&W has conducted 15 separate mass mailings to delinquent
taxpayers and sent over 18,000 demand letters. This does not include the hundreds of follow-up
letters the firm generates in response to taxpayer communications or those mailed as a result of
resolved research problems. We propose to continue this very successful mailing activity. This
will include high volume mass mailings in July and September, plus the targeted special mailings
which are developed as a result of analyzing the City's tax roll. A sample copy of a demand
letter, remittance statement and taxpayer brochure is included as Appendix B.
In addition to the regular mass mailings, our Denton office targets selected accounts for
special mailings as follow-up to our collection enforcement activities. Examples of these
mailings include;
• Intent to Sue letters
• Intent to Sue letter after abstract, with copy to lienholders and other owners with
copies of lawsuit petition attached
• Letter to payment arrangement violators
• Letter to lawsuits set for trial notifying all defendants of hearing dates, including
default cases where such notification is not legally required
• Letter notification regarding judgment granted and "Abstract of Judgment" being
entered j
• Copy of notice of recommendation to City for order of sale
Copy of notice of order of sale
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TAXPAYER ASSISTANCE
Our collection efforts, and particularly large mailings, generate a huge number of
telephone calls and letters. Each call or letter presents an opportunity to solve a problem or
answer a question and thereby cause an account to be paid. We place great emphasis on the
training and attitude of our front line staff which includes communication between our collection t
and litigation staff. Our attorneys are available to answer taxpayer questions and handle special
situations as they arise.
All taxpayers are treated with politeness and professional courtesy. Although our
collection strategy is based vpon the use of maximum automation and technology, the most
advanced state-of-the-art technology cannot furnish discretion, judgment or compassion. Our
approach to dealing with taxpayers' responses to a mailing reflects our keen awareness of their
concerns. By notifying all taxpayers, regardless of amounts due, and providing a well-trained
staff for personal interaction, we endeavor to treat all taxpayers equitably.
Our Denton office staff coordinates payment arrangements with the City of Denton Tax
Office. Payment arrangements are monitored until the balance is paid or defaulted. Defaulted
payment arrangements are subsequently put into suit. We will also assist the elderly in filing
papers with the appraisal district for those who qualify for Over-65 deferrals or exemptions.
Some taxpayers are referred to social service, or legal aid agencies, etc.
Oftentimes delinquent taxpayers we have contacted will respond by going directly to the
City's Tax Office instead of contacting our firm. The City Tax Office and our Denton Office
cooperate in handling these accounts. If the account is already involved in a lawsuit, the Tax
Office refers these taxpayers to our Denton Office. If a taxpayer asks for a payment
arrangement on an account that is not in suit, the Tax Office has the option of referring the
taxpayer to our Denton Office or setting up a payment contract with the City Tax Office
directly, Delinquent taxpayers seeking a payment arrangement who also have, for example,
paving liens or mowing liens, are handled by the City Tax Office. This cooperation between i
the Tax Office and our firm is beneficial to the City because it has resulted in the collection of
many accounts, both tax and non-tax, which collectively represent substantial amounts of money.
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Old\ERSIIIPILIENIIOLDER/ADDRESS RESEARCII
Our firm recognizes that a successful tax collection campaign requires an intensive and
sophisticated research effort. Letters cannot be delivered and citations may not be served
without proper addresses for the delinquent taxpayers. Our staff is trained to effectively and 1
efficiently identify and resolve problems that impede "the correct" property owner from
receiving our legal notices. Correct property owner identification is critical to the following:
• Delivery of demand letters;
6 Ability of telephone collectors to contact the person liable for the tax;
• Determination of current registered agents, presidents, and owners of companies and
corporations in order to properly file business personal property lawsuits or request
tax warrants;
• Determination of lienholders; and
• Proper service of citations.
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Our staff and the abstractors we employ are responsible for expediting the verification
of owner and lienholders as well as correct names and addresses of the properly owners. Both
collection and litigation efforts are dependent upon correct name, address, and telephone
research. There are many occasions when an account will be handled numerous times by our
staff or abstractors before final disposition,
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The greatest problem that complicates any collection effort is the uncertainty of "the
correct" property owner and his or her location. For example, in many jurisdictions which we
represent, either the ownership records and/or the address information on delinquent accounts
are incorrect. HGB&W has developed the capacity to correct these problems through deed and
address research. Reference sources can include:
1. Telephone book
2. Polk Directory
3. Cole's Directory
4. Newest Roll Created by the Appraisal District
5. Delinquent Tax Roll
6. Tax Files of other Jurisdictions
7. Assumed Name Files
8. County Deed Records
9. Information from Taxpayer Contact
to. Secretary of State and State Comptroller Files
It. Utility Department Files
12. Molor Vehicle Registration Files
13. Voter Registration Files
Our in-house staff performs research at various stages in the collection process including
correcting addresses from return mail; providing location and ph)ne numbers to our telephone
collection staff; Identifying registered agents, corporate officers, partnerships or assumed name ,
holders, or providing better address for service of citation. Confirmed new owner and address
information is provided to the City of Denton Tax Office.
HGB&W also contracts with abstractors and title companies to perform deed research at
various levels. For various reasons, such as letters disclaiming ownership and telephone
collectors cunning Into dead ends, etc., HGB&%Y will request that the abstractor under contract
provide current owner and lienholder information as part of HGB&%Y's initial collection effort. 1
This information often identifies a person with tax liability whose name is not on the tax roll.
Moreover, prior to filing suit on any real property account, a complete title report is prepared
by the abstractor Identifying all owners and lienholders. If an owner or an address is different 1
from the tax roll, HGB&W first mails a notice of delinquency and intention to file suit and/or J
attempts to make telephone contact. The costs of these activities are borne by the delinquent 1
taxpayer in accordance with Section 33.48 of the State Property Tax Code, and no costs are
absorbed by the City of Denton.
TELEPHONE CONTACT AND COLLECTIONS
HGB&W has found that often a personal contact by the law firm secures payment of the
tax, without the necessity of costly litigation, This contact may be with a homeowner who has
20
an escrow problem or with the lienholder on a commercial tract or home, the owner of acreage,
or rental property, etc.
There are generally two methods of contacting the taxpayer; either by phone or by letter.
The initial contact of the taxpayer is to ensure that the taxpayer is aware of the delinquent taxes
and the possibility of legal action. General information is obtained from the taxpayer in this
initial contact, such as possible financial hardship, any problems with the account, if they are
in bankruptcy, or no longer own the property, etc.
Homeowners are approached differently than commercial, industrial or undeveloped
property owners. Most often a delinquent tax on a home is a result of an escrow problem or
recently retired loan, where our collector politely notifies the property owner of the delinquency
and assists them in working with the mortgage company and/or the tax office, With other types
of property the liability situation can become more complex, with lienholders and attorneys more
actively involved. Most property owners are contacted four to five times by phone and letter
prior to the initiation of legal action.
Assessment problems, posting errors, and other problems identified by the collector are
resolved before further action can be taken. This process is sometimes long because of the
necessary interaction between the taxing jurisdiction, the appraisal district, the taxpayer, and the
firm.
LITIGATION STRATEGIES AND TAX WARRANTS
HGB&W has the capacity to generate, file and effectively process as many lawsuits as
the City of Denton desires. HGB&W has filed 1,027 lawsuits on behalf of the City of Denton
for $1,845,494 since 1986. Currently, 775, or 7545, of these cases have been resolved and 252
are still pending.
A successful collection effort must have an effective prosecutorial component. While
every reasonable effort is made to collect a delinquent account without resorting to legal action,
it often becomes evident that legal action is the only viable avenue to collect taxes. Our
philosophy is that an aggressive, visible legal campaign lends vital credibility to the collection
J process and therefore renders the demand letter and telephone contacts more effective,
Our task is to educate non-taxpayers to believe that disregarding their tax obligations will
inevitably result in seizure and sale of their property and imposition of heavy penalties, interest,
court costs, and attorneys' fees. An effective delinquent tax program makes good taxpayers out
of bad taxpayers.
However, the mere filing of lawsuits is not sufficient. Process must be served, and
cases must be set and tried to judgment. Judgments must be collected by execution and sale if
necessary or applicable.
It is very important that delinquent property owners not discern a pattern for the filing
of litigation or use of tax warrants. Therefore, cases must be selected across the economic and
geographic spectrum. However, to optimize the use of our resources as well as the resources
of the Court and accelerate revenue to our clients, greater weight is given to higher dollar
accounts as well as accounts with multiple years of delinquency initially and business personal
property accounts.
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Preparatj4.iLQf Lam
As part of our workplan, we propose to continue to submit a list of tax accounts that are
candidates for lawsuits to the Finance Department, the City Attorney and the Tax Technician.
This enables an accurate assessment of payment arrangements, over 65 exemptions or any other
special concerns that need to be addressed by both parties. Unless the City requests that we
withhold action on an account, we proceed to process these accounts as described below and
provide the City with a list reflecting the new suits which have been filed.
We print the petitions, citations and prepare the information for service by certified mail
in accordance with the prerequisites of the Property Tax Code. A complete title report will be
prepared prior to filing of the lawsuit. The purpose of the title report is to obtain the name of
all parties with an interest in the property as well as the best address for service.
Service and Prosec ~~ton of awsuits
We work with the sheriff's or constable's office to obtain service on defendants as
quickly as possible. The cost of service is recovered from the delinquent taxpayer as prescribed
by Sections 33.48 and 33.49 of the Texas Property Tax Code and is not absorbed by the City
of Denton. It has been our experience that a significant percentage of the accounts are paid
when the defendants are served; therefore, we place great emphasis on quick, effective service.
As previously mentioned, our staff continuously works a list of cases with Incomplete service
on defendants by providing better addresses to deputies. Once service is obtained, the defendant
must answer or a default judgment may be taken. Default cases and cases in which the
defendant answers are immediately set for trial. Summary judgments are obtained when
appropriate. The judgment is abstracted and may then be executed and levied upon the property
of the defendant. The defendant maybe compelled to appear for a deposition in aid ofjudgmenl
or answer written interrogatories concerning the nature and location of non-exempt property
available for seizure to satisfy the judgment.
In addition to filing lawsuits on behalf of the City of Denton, we have and will continue
to rile interventions if and when another jurisdiction tiles suit on an account for which the City
of Denton has delinquent taxes owing,
A detailed Flowchart of the Litigation Process follows this section. It visually illustrates
the complexity of the process.
22
N
Heard, Ooggan, Blair and Williams
Litigation Process
Swh rAed Service Phone Calle Good
issued ado by nG9M' ServKe
Caeeclore
pod OlenJwod Daemleoed
' G,vyte Woneuil Judgment
r (POid) 115onkruptcy)
P,oofe of
to RereereA oerwood Clokn rood k Pew Pew
DefauM
of Dedere "rupicy to roinp Agreed Summary
CoMclod Section
Roeearch 0004 Addrm Con+clian CINM1I'e loonthly
[ehausted round and Activity Conl' Rogwct
rhru Debi Poymenb Paid Off
Service «
Mleeued Allorney/Tre Coaecled
Citation by Report CAD Reeoorch
Publicolion GMrolod Aeeoeement O.nerohip SWIl'o
ror Clent Ufa Sole
Account
Pad
Judpmenl yr,a,y Rot" it Pow Prw
Oerendenl Neceeepy to S1mifPe
Sorwd ~ ml. Calleetw
fy Sheriff !
roroorded to
Nonwd tae OffKe
awKOle saw
Suit
tfcEND: slfuck Off SMriffV Deee
r•► SlonCord rime Report to ta.inp foroofMd to
Gnuoled Juriodlcton bty Droperty
-0 Alanole Protedurq for Chenl lAOnepemenl
i
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Collection of Judgments by Abstracting, Execution and Sale
At times it becomes necessary to take a judgment for real estate to We. HGB&W makes
recommendations to the City of properties to be sold at a Sheriff's sale. Upon approval by the
City, HGB&W prepares the Order of Sale and works with the Sheriff's office through the
completion of the sale process.
In the case of personal property, if the taxpayer is still available and has property that
can be levied upon for payment of his taxes, a writ of execution may be sought for such
property to be taken and later sold, similar to the tax warrant process described below. Often,
obtaining the writ of execution and appearance of law enforcement officers at the taxpayer's
place of business will result in payment.
Personal Property Tax Seizure Warrants (Optional)
Due to the perishable nature of personal property taxes, we recommend that our clients
consider the use of property tax warrants as a means of increasing collections. Over the past
several years, IIGB&W has successfully employed tax warrants on a regular basis, uften with
complimentary media coverage. Newspaper and radio coverage of these seizures has resulted
in warning letters being taken seriously by the taxpayers receiving them.
The process used by HGB&W involves the screening of personal property accounts by
telephone collectors to determine that property subject to seizure does exist. Ownership records
are then checked to ensure the accuracy of tax roll information. Warning letters are mailed
which are in addition to the regular delinquency letters mailed by the firm. In most cases, an
additional warning of the tax seizure is made by the attorney. Finally, carefully coordinated
operations with tax office and law enforcement personnel are executed.
HGB&W finds that most companies still in business pay delinquent taxes when faced with
a warning or a visit by a deputy sheriff or constable. Very few operations result in the actual
seizure of property. The following list cites specific examples and highlights our efforts
Involving ten (10) different seizures, executed by HGB&W's attorneys in Dallas County.
Seizure Site Property Results Amount Owed
Regency Lincoln- New luxury Twenty (20) cars $125,000
Mercury automobiles prepared for towing.
Owner immediately paid.
Koslman Corporation High-priced Seized $250,000 $30,000
precious jewels, in diamonds, pearls
and gold. Owner paid
in full next day.
L. A. Parks Used Cars Cars Towed $30,000
Owner paid in full
within two (2) hours.
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Parks Machinery Heavy Tooling Equipment seized. $25,000
Equipment Owner paid in full
before sale,
Texas Cash Register Electronic Cash Immediately Paid $25,000
Registers in Full.
The Melody Shop Musical equip. Equipment and instru- $20,000
& instruments ments prepared for
seizure. Owner arrived
with full payment.
Premier MasterCraft High-priced Immediately paid $20,000
pleasure craft in full.
E
Stewart Automotive Auto Parts Immediately Paid $18,000
in Full.
American Ball Mfg. Corp. Golf ball Paid in full. $10,000
manufacturer
Notre Domain d/b/a North Dallas Seized all cash on 551000
BirraPorettis Restaurant, Bar site. Owner paid
and Club balance next business
day.
We feel uniquely qualified to advise taxing entities regarding the appropriateness of
seizure. HGB&W has twice successfully litigated the constitutionality of this remedy before the
Supreme Court of Texas. See Shaw vs. Phillips Crane & Rigging, et al., 636 S.W.2d 186 (Tex.
1982) and Querner Truck Lines, Inc. vs. Stare, et al., 652 S.W. 2d 367 (Tex. 1983).
BANKRUPTCY
The area of bankruptcy law exploded in Texas in the mid 1980's due to the downturn in
the energy and real estate sectors of the state's economy as well as the recodification of the U.S.
Bankruptcy Code by Congress. As a result, a relatively large portion of the delinquent tax roll
for many jurisdictions has been placed under the jurisdiction of the Federal Bankruptcy Courts.
Our law firm is Involved in bankruptcy cases stretching from New York to Hawaii.
The City of Denton has had a substantial increase since 1986 in the demand for legal
representation relating to the collection of delinquent taxes from property owners who have riled
for protection of the U.S. Bankruptcy Courts. Currently, 182 bankruptcy cases involving
approximately $395,163 in delinquency have been identified and are being worked by our
bankruptcy unit. This represents a dramatic increase in bankruptcy filings since 1986.
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ti
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The majority of bankruptcies involving taxes owed to the City of Denton are Chapter 7
(Liquidation) and Chapter 13 (Wage Earner Reorganization) proceedings. Following the
immediate filing of the City's Proof of Claim, Chapter 7 proceedings are monitored for passage
of the assets from the estate to a solvent third party. Chapter 13 proceedings are monitored to
insure that the Chapter 13 Plan (1) properly classifies the City's claim; (2) provides for the
payment of interest on the claim amount; and (3) does not affect the enforceability of the City's
tax lien(s).
Chapter I I (Reorganizations) are closely monitored to insure that any proposed Plan of
Reorganization ("Plan") does not hinder and/or compromise the City's rights/remedies and
I provides for the highest recovery possible under the Bankruptcy Code. For example, the L&B
Publishers, Inc.'s Plan was not confirmed, until the Debtor modified the Plan to meet the City's
I objections.
Many of the City's bankruptcies are tiled in the Eastern District of Texas, Sherman
t ' Division. Because HGB&14' has an office in Sherman, HGB&W's ability to respond to and
protect the City's interests is greatly enhanced.
I HGB&W endeavors to collect the City's taxes involved in bankruptcies utilizing a variety
of judicial and non-judicial methods. For example, approximately $15,000, representing real
property taxes, for 1985.90, involved in a bankruptcy case was collected from the lienholder by
HGB&1N, following extensive litigation and lengthy negotiations with the bank's attorney.
In April, 1991, HGB&W recovered approximately $29,000 owed to the City concerning
one of the Ridgeway Drive paving assessments. Again, HGB&W made demand against, and
with the assistance of the City Attorney and approval of the City Council recovered payment
from, the lienholder rather than the debtor in bankruptcy.
HGB&W, unlike other firms, adopts, when necessary, a proactive, rather than defensive,
posture concerning the City's bankruptcies.
The vast majority of the bankruptcy cases filed in Texas are filed in the Federal
Bankruptcy Courts in Dallas, Fort Worth, Houston and San Antonio. Our firm is in a position
to respond promptly to any developments within these Courts since we are fully staffed with
attorneys in these four major cities. Motions for cases in these Courts can be filed within hours
through the use of our internal electronic communications capability. Our attorneys throughout
the state can be placed on stand-by whenever the need arises for an emergency creditors meeting
i or a trial.
All bankruptcy cases are handled by our law firm's staff at no additional expense to our
clients. In order to protect the rights of our clients as creditors, we assign an attorney and
support staff to be responsible for the filing of proofs of claim, monitoring t!,c progress of the
cases, communicating with debtor's attorneys, submitting ballots, filing timely motions, attending
I creditors' meetings; and arguing cases before the bankruptcy judges. `
In all bankruptcy cases, the creditor must initially file a claim (referred to as a proof of
claim) to ensure the creditor's rights under the Bankruptcy Code. HGB&W identifies bankrupt
accounts through:
• Phone contacts by our staff;
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• Newspaper articles;
• Pending lawsuits in the State courts;
• Subscriptions to bankruptcy services;
• Responses from our mass mailings;
0 Referrals from our clients; and
• Information available through the legal community.
HGB&W's representation of Dallas, Fort Worth, Houston and San Antonio area taxing
units has resulted in the development of very skilled attorneys and support staff in this field.
We have been successful in securing dismissals due to excessive delays in reorganization
planning, lifting the bankruptcy si,l}'s on single asset cases, etc. This experience has been
disseminated throughout the firm, through manuals, workshops and seminars, and is brought to
` bear for all our clients.
FEDERAL AGENCY COLLECTIONS
The n&ionwide collapse of both the banking and savings and loan industries has fostered
new obstacles to the collection of delinquent tax accounts. The FDIC and RTC contend they
are responsible for the payment of base tax only. Therefore, our clients are faced with the
j possible loss of hundreds of thousands of dollars in penalties and interest. Our firm has
develope,' "o;nprehensive collection strategies, partly due to our bankruptcy experience, whereby
v c: have been able to recover all taxes, including penalty and interest. It is believed this area
of collections will continue to be one of the greatest challenges facing our clients as the FDIC
and RTC's policies are implemented.
IIr 'ATr?n the federal agency takes Nssession of business personal property, all taxes, penalty
and interest are lost. To protect the interests of our clients, our firm has successfully
orchestrated the seizure of taxable business personal property before it becomes subject to FDIC
or RTC's ownership. Once the property is seized, the property may be sold to the highest
bidder for cash to recover all tax, penalty and interest due our client.
Like bankruptcy, a proof of claim must be timely filed to collect taxes from the FDIC
and RTC. We file and monitor the progress of proofs of claim for the City of Denton.
HGB&W works with the federal agencies to remind them of the tax liens and that disposition
of the property will be difficult without clear title, i.e. all taxes, penalties and interest being
paid.
FDIC and RTC have initiated federal court litigation which has the potential of crippling
the collection of ad valorem taxes on real property, On behalf of several clients, HGB&W is
battling FDIC's attempts to secure federal court decisions detrimental to local taxing
jurisdictions. Our firm won a major victory in September, 1992, against FDIC for the taxing
authorities. In Irving ISD. v. Packard pro rties. et al, decided September 1, 1992, by the U.S.
Fifth Circuit Court of Appeals, the Court held that for tax years prior to 1990, the taxing
jurisdictions' liens for taxes mg penalties and interest remain against the property for years when
FDIC was not record vwner. For years prior to 1990 when FDIC was the record owner on
h January 1, the taxing jurisdictions have liens for base tax only, FDIC had claimed that once it
takes title, all penalties and interest are extinguished for all prior years' delinquencies. FDIC
27
had also claimed that all liens for taxes, penalties and interest are extinguished once FDIC takes
title. Although federal law prohibits a tax sale of FDIC-owned property, the Packard decision
ensures that if FDIC sells the property, either the taxes will be paid or action can he taken to
foreclose the tax liens.
Besides claiming that FDIC and RTC do not have to pay penalties and interest on
delinquent taxes regardless of who owned the property when the taxes became delinquent, FDIC
is now claiming that where FDIC or RTC is only a lienholder, the taxing jurisdictions cannot
foreclose their tax liens against the property. Because of the large number of bank and savings
and loan failures, FDIC and RTC hold liens on vast numbers of property. If the FDIC can stop
collection procedures where they are only lienholders, the local taxing jurisdictions' delinquent
n`n¢ current collections would be drastically affected. This issue is currently being litigated in
both state and federal court.
HGB&W has been recognized as a leader in the field of federal agency collections.
HGB&W's attorneys regularly sponsor or speak at tax seminars regarding collection strategies
and techniques. Because of our expertise in this specialized area of collections, and the
substantial contacts we have established within the framework of federal agencies, HGBMY's
clients benefit by a greater and earlier recovery of revenues.
One example of how aggressive collection activities and lawsuits can lead to payment in
FDIC-related situations was the Vintage Retirement Village case. When Red Ritter S&L of
Oklahoma foreclosed on the property, it claimed that because the acquisition was FDIC-related,
Red River would not pay taxes for years prior to the acquisition. When, after two months of
correspondence and telephone conversations, Red River had still not paid, our firm filed suit
against Red River. Red River paid the full amount, over 5100,000 in City taxes alone, shortly
after being served. We believe that pursuing FDIC-related accounts aggressively spurs payment
on these accounts.
We will continue to advise the City Council, the City Attorney and the City staff of
developments in this area of the law.
ANCILLARY LEGAL SERVICES
We represent our clients in all types of lawsuits arising from collection activities, such
as counterclaims, injunction suits, eminent domain proceedings, declaratory judgment actions,
and all types of unusual and complex litigation in this area. We represent taxing entities in all
levels, trial and appellate, of our state and federal courts. We are particularly qualified to assist
the local governments in this area, as several attorneys of the firm are certified as civil trial law
specialists by the Texas Board of Legal Specialization.
The firm is rated "aV", the highest rating conferred by the Martindale-Hubbeli national
legal directory,
We maintain an Austin office which facilitates our continually advising our clients as to
changes in property tax law and practice emanating from acts of the Legislature, opinions of the
courts, opinions of the Attorney General, and interpretations of the State Property Tax Board,
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I
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PAVING ASSESS.NIENTS, SUBSTANDARD HOUSING DE:1fOLITION LIENS AND
WEED LIENS
We remain available to undertake the collection of de.inquent accounts for paving
assessment liens, substandard housing demolition liens and weed liens, tf requested by the City
of Denton. We have and will continue to integrate these accounts into our tax suits in those +
cases in which these delinquencies also occur. Judgments are taken for these additional
delinquencies and attorney's fees where appropriate.
In these collection matters, we will utilize essentially the same techniques which we
presently employ in the process of delinquent tax collection. These processes include rnaiiing i
of demand fetters, selective mailings in appropriate circumstances, litigation, and to;. Phone
contact. Where these non-tax delinquencies occur independently, we will file suits and prosecute
them to judgment on a selective basis if requested, founded upon such criteria as dollar amounts
and multiple delinquencies.
I We propose to continue to undertake the collection of these accounts on the basis of
attorney's fees assessed to and collected from the debtors. In the event that said fees are
recovered from the debtor, we suggest that such fees be paid to the firm as compensation for
these endeavors. At any event, our proposal contemplates that the collective amount of
assessment, penalty, and interest will not be diminished by the payment of any collection fee to
the firm.
We work with Barbara Ross, Community Development Manager on Substandard Housing 1
Demolitions by providing requested information on ownership. HGB&W also notifies the City
when Rehabilitation loan debtors are in violation of their loan agreements by not paying taxes
to other entities.
In addition, we will continue to provide legal opinions to the City, if requested,
concerning possibilities for pursuing code enforcement programs through tax delinquencies.
I
NIANAGENIENT INFORMATION AND REPORTING
Management reporting is critical to effective client relations. We provide our clients with I
reports concerning collection results, workload and status of accounts, Our staff of attorneys,
management and technical personnel are available to meet regularav •.vith your staff and City
Council, if desired, to report our results and discuss the status of ? our collection program.
Management of our multifaceted services requires reliable control of information and
accurate reporting. Because of our computer capability, we can provide information that serves
as a valuable tool in revenue forecasting. Detailed reports are generated monthly and can be
utilized for the following purppses:
• To provide a profile of the delinquent tax roll (b
y property type, dollar range, ye I
ars of delinquency and frequency of delinquency);
0 To track collection progress;
• To track lawsuits and the litigation process; I
• To track bankruptcy; and
1
29
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I
• To highlight problem areas requiring special work programs (e.g. bad address,
appraisal problems).
A sample of the statistical reports which we produce for the City of Denton is included
as Appendix D. These reports includ, the following information:
• Delinquent Tar Summary - High level profile detailing number of accounts and
delinquent dollars by property type;
• Size of Accounts - Profiles delinquent roll by property type in ranges of large,
medium and small dollar amounts;
• Degree of Delinquency - Indicates the pattern of delinquency by first time, repeat,
chronic and other;
• Age of Accounts - Provides detailed information regarding the pattern of delinque
j ncy in various combinations according to years for which taxes are owed; and
• Detailed Distribution of Delinquency - Details delinquent accounts into different
j dollar ranges for all years, the most recent tax year, and first time delinquency,
We will continue to provide the City of Denton with monthly reports outlining
collections, lawsuit activity and any other significant activities occurring during the reporting
period. In addition, a monthly report detailing the status of all pending litigation and a full
register of the delinquent tax file containing lawsuit, bankruptcy and problem account
information will be provided to the City.
30
IV. DENTON'S CUSTOMIZED
TAX COLLECTION PROGRAM
The services and operations described in this proposal will continue to be highly effective
because of the close coordination our firm maiadains with the City of Denton Finance
Department, Tax Office and City Attorney's Office. This coordination involves our Denton
office manager, Deborah Patton and staff attorneys assigned to represent the City of Denton,
Sydna Gordon, Michael Deeds, DeNletris Sampson and our North Texas Regional Manager.
Nancy Primeaux and the paralegal and collection staff. Our affiliated attorneys, Curtis Loveless
and Mike Gregory, also assist in coordinating and munitoring our efforts.
An efficient tax collection program for any entity requires customization of collection
efforts to meet the needs of the individual taxing entity. In Denton, HGB&W has developed a
program that is unique to the needs of the City of Denton. This section is included in our
proposal to highlight examples of the customized tax collection program activities that HGB&W
performs for the City of Denton. These efforts have made our Denton collection program a
success.
1. Knowledge about the City's delinquent tax roll
HGB&W's computer records include not only information from the City's delinquent
tax roll but also additional, valuable information about each account. The City
provides HGB&W with its delinquent tax roll information monthly by computer tape.
Our data processing department merges additional information into HGB&W's
computer files which we use to produce a delinquent tax register (DTR). For
example, HGB&W's DTR :effects whether accounts are already in suit or in
bankruptcy, have an assessment problem, are under a payment arrangement, have
a bad address on the roll, or has had a change of address. Nis. Patton uses this
information to target accounts for demand letters, immediate suit, for research, or
for placing a hold on further action until a problem is worked out. Ms. Patton then
gives the City Tax Office a copy of the HGB&W DTR on a monthly basis.
HGB&W also produces for its collection activities in Denton an account list by
dollar amount (our "high dollar" list), a list of "clean" accounts with no hold codes,
and a profile of the tax roll by property type. HGB&W uses these reports not only
for collection/litigation activities but also to predict trends in Denton which may
indicate a need for specialized collection activities.
2. Coordination with City staff in code enforcement and Conununily Development
The City staff requested our assistance in a project to test whether tax foreclosures
on abandoned properties is a viable alternative to condemnation foreclosure
proceedings. 1fGB&W staff and attorneys met with City staff to formulate a plan
of action. HGB&W recommended that one test case be moved through the legal
system in order to determine the costs to the City, the time frame, and the feasibility
of the plan as an alternative to condemnation proceedings. A list of accounts were
provided to us. HGB&W filed suit on each account with delinquent taxes due,
putting the City in a position to proceed with the cases should the City decide to take
that route. Judgments have already been taken in some of the cases, but because of
31
the cost to the City, HGB&W will only foreclose on the properties the City
requesrs we proceed. when
HGB&W recently foreclosed
enforcement list on one of the abandoned properties on the code
. This property was sold at the sheriff's We on ,lay 4, 1993, A
potential buyer had contacted the City about this property and through the
coordinated efforts of HGB&W, Harlan Jefferson, City Treasurer and Vic Schneider,
City of Denton Tax Technician, this property was sold on May 4, 1993. This type
of effort is good for both the' city and the taxpayers. An abandoned piece of
property, with multiple years' back taxes, which the City had been mowing, is now
in the hands of a responsible taxpayer, who will keep the taxes paid and the property
mowed.
We assist Barbara Ross, Manager of Community Development, in obtaining letters
of permission from Denton ISD , so that the City may demolish structures that ar
code enforcement violations and/ e
or
, .
demolish property belonging
i qualify for City assistance, such as the elderly. assist nc to citizens who
demolition of propelies which are not only code enforcement violations, but deye
e helps sores and in some cases heolth hazards.
j 3. Coordination with Citv staff to collect niossing and paving liens
Not all unpaid mowing lien accounts are on abandoned properties. There are so
me cases where the owners just refuse to pay mowing liens. ,Is. Patton routinely
informs the Tax Office which tax accounts have been targeted for suit, and when the
Tax Office informs her that there are mowing or paving liens, HGB&W includes a
claim for these in the delinquent tax suits. HGB&W has recovered thousands of
dollars in mowing and paving liens through tax suits,
Additionally, HGB&W has recovered paving liens pursuant to bankruptcy actions.
In April, 1991, we recovered approximately $29,000 owed to the City in paving
liens. By aggressively pursuing payment throughout the bankruptcy proceedings,
Michael Deeds was successful in collecting the paving lien from the lienholder, since
it could not be collected from the bankrupt debtor.
This coordination of collection efforts between HGB&W's staff and the City's staff
maximizes both tax and mowing/paving collections. HGB&W also coordinates
collections of mowing and paving liens through payment arrangements, described in
paragraph 4.
4. Payment Arrangements
• Coordination with City staff on payment arrangements
Deborah Patton, our Denton Office ,tanager, works closely with City staff to
ensure that all payment arrangements are structured to draw in both tax ad non.
tax delinquencies, either through a payment contract directly between the Cnity and
the taxpayer or through litigation.
If the individual seeking a payment arrangement with the City has delinquent
taxes, the City staff will refer the person to HGB&W. In appropriate cases,
32
HGB&W will allow the taxpayer time to pay the accounts, including mowing and
paving liens.
Nis. Patton contacts taxpayers who default on their payment arrangements and if t
payments are not brought up to date, HGB&W files suit to collect the taxes.
• Taxpayer Assistance Program for Homeowners t
HGB&W instituted a taxpayer assistance program for homeowners with medical
or financial hardships. We have worked with these taxpayers to set up payment
plans to help them pay their taxes.
• Collection of Business Personal Property Accounts
HGB&W instituted a taxpayer assistance program for individuals who are no
longer in business but who owe business personal property taxes for prior years.
For those who had a medical or financial hardship, HGB&W set up 90 day
payment arrangements and monitored the payments. HGB&W monitors all
payment arrangements out of its Denton office.
5. Networking wilh courts and sheriff's department
Nis. Patton has established a finely tuned network with the District Clerk's office,
the Sheriffs Department and the District Courts for the efficient handling of tax
suits. Good working relationships with these governmental offices are essential to 1
a successful tax collection program. Our firm's success in building these good
working relationships in Denton has played a major role in our excellent '
performance record in Denton for both the City of Denton and Denton Independent
School District.
With the cooperation of the sheriff's department, we have rMently collected taxes
on accounts by issuing two (2) orders of sale and three (3) writs of execution.
Ms. Gordon was instrumental in setting up a tax docket system with the District
Judges. This system reduces the workload on the District Clerk's office and
expedites the resolution of tax cases, thus reducing the Judges' pending caseloads.
Because of the large number of tax suits filed, our comprehensive set of services to
the District Clerk's office helps move the City's tax suits as quickly as possible
through the court system.
Another important entity in the tax collection program is the Appraisal District. Our
Derton office personnel work closely with the Appraisal District, exchanging
information and working with taxpayers as the need arises.
6. FDIC collections
HGB&W has been on the front lines of the legal battles between FDIC and taxing
entities. Our auorneys continually monitor,he latest cases and FDIC/RTC activities.
HGB&W's expertise in this area of the law and aggressive collection activities and
lawsuits have led to payment in full to the City. For example, Red River S & L
claimed that it did not have to pay taxes on property it had acquired from FDIC.
On behalf of the city, we sued Red River and they paid $114,751.95, the full
amount of taxes, penalties and interest due.
33
FDIC and RTC have initiated federal court litigation which has the potential of
crippling the collection of ad valorem taxes on real property. On behalf of several
clients, HGB&W is battling FDIC's attempts to secure federal and state court
decisions detrimental to local taxing jurisdictions. HGB&W won a major victory on
behalf of our clients against the FDIC. Sydra Gordon, the attorney responsible for
the City's litigation, successfully argued this case on our client's behalf. In lnvng
LCD v. Packard Properties, et al decided September I, 1992, by the Fifth Circuit
Court of Appeals, the Court rejected the FDIC's argument that after the FDIC
became the owner of the property, all delinquent penalties and interest due and
owing on the property were extinguished together with any liens securing the
payment of penalties and interest. Although federal law prohibits a tax sale of
FDIC-owned property, the Packard decision ensures that the FDIC cannot extinguish
the taxing authorities' liens or defeat the taring authorities' right to receive payment
of penalties and interest that accrued prior to the FDIC's ownership of the property.
7. Responding to Staff Requests
Nis. Patton contacts the City on a daily basis and interacts with the City Tax,
Finance and Legal Departments. She is available to respond to special requests from
the City for research, informational reports or projects requiring immediate action
by our firm.
{ The City staff requested our assistance and recommendations to improve collection
of mowing and paving liens. HGB&1'r', after meeting with the City staff, provided
the staff with suggestions for guidelines for the City to consider.
The City staff also requested our recommendations on the problem of mobile home
tax collections. We set up a meeting between the City's Tax Technician, Vic
Schneider, and the Tax AssessorlCollector for another of our clients, the City of
Seagoville. We had previously assisted Seagoville in drafting ordinances and setting
up procedures to improve tracking of mobile homes and the collection of taxes.
S. Annual Collection Projections
Regional Manager, Nancy Primeaux, and Data Manager, Barbara Barrett, are
available to provide revenue estimates and projections to the City Finance staff on
an annual basis as part of the City's budget process.
Each year we review the accounts that comprise the outstanding delinquent tax roll
and utilize our most recent statistical profile of the delinquent tar roll that details
delinquency by property type and age to estimate collectibility. We also analyze
collection patterns for the City over the last several years to project the amount of
delinquent taxes to be collected for the upcoming year.
In regard to the upcoming 1993194 fiscal year, we will be available to provide the ,
City a revenue projection along with an analysis of accounts that we believe may be
uncollectible. Many taxing units that we serve are establishing "dead rolls" that
include accounts that meet certain requirements of uncollectibility. While these
accounts are not legally canceled from the tax roll, we recommend that the City
Finance staff take them into consideration when making budget projections. We will
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work with the City to revitnv this information and quantify these accounts. Areas
of uncoliectibility include:
• Accounts with all years past the Statute of Limitations with no pending suit or
bankruptcy;
0 Exempt property (government owned, etc.);
• Tax Deferrals/Over-65 Exemptions;
• Appraisal Review Board Suits (non-delinquent);
• Business Personal Property accounts with bad addresses or out of business and
the account no longer exists on the current roll;
• Business Personal Property accounts taken over by a Federal Agency;
• Business Personal Property accounts that have been discharged from a Chapter
7 liquidation;
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a Business Personal Property defunct corporation accounts where research has
determined that there are no assets; and
• Mobile home and aircraft accounts with a bad address and account no longer
exists on the current roll.
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V. DATA PROCESSING
(RFP: Selection Criteria 3)
Computer Systems
HGB&W pioneered the application of high technology to delinquent tax collections.
From our beginning, representation of the largest taxing jurisdictions in Texas has mandated
utilization of the most advanced information management and data communications technology.
Ov.r the years we have assembled a staff of 22 computer professionals with more than 200 years
of total experience in the field of information technology. Of this total, 95 years of experience
is related directly to collection of delinquent and current ad valorem taxes.
l Our firm's systems of programs and processing capabilities can be divided into the
following categories:
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• Tat Roll Analysis
• Delinquent Tax Colh ';nn Support
s Computer Hardware Software Resources
Tax collection is a highly sl.ecialized area of data processing. Extensive searches of the
marketplace indicated that there are no suitable software systems or methodologies to adequately
address our clients' requirements for a high profile, aggressive collection effort. We also found
that a diverse set of tools was required to effectively handle high volume collection activities as
well as highly personalized collection activities. Consequently, we have developed a system of
software and procedures that e:aploys mainframe compilers, mini-comput!rs, and micro-
computers in an integrated environment allowing our pc: onnel to choose the most appropriate
tool for the task at hand.
As we work with our clients throughout the state, we are continually developing, testing,
applying and perfecting our software systems. New programs and procedures developed to solve
a problem unique to one client can very often be readily applied to solve the problem for another
client. In this way all clients benefit from our ongoing research and development activities.
Tax Roll Analysis
We begin our collection effort, for each jurisdiction, by analyzing the tax roll, From this
analysis we identify problem areas in the roll requiring special attention. This profile may
indicate a large percentage of bad addresses or returned mail, a large number of accounts with
many years of delinquency, a high incidence of bankruptcy, or some other subset of accounts
that requires special attention. This profile is utilized to customize an effective collection `
program for the city of Denton.
Delinquent Tax Coll:clion Support
From the analysis of the tax roll, we develop a work plan to focus our efforts in the
problem areas. Somc of the tools available to address these areas are:
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• Alas$ Mailings - high volume, personalized mailings accompanied by detailed tax
statements, used for all accounts subject to mass mailing activity;
• Specialized Mailings - highly personalized !ow volume mailings usually consisting
of 200 or fewer letters to taxpayers falling within targeted areas;
• Specialized Listings - reports detailing the status of various portions of the delinquent
tax roll that have been identified as problem areas;
• Delinquent Tat Registers - listings of all accounts available for collection along with
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the status of the account (alphabetical and account number order);
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• Account Audit Trails • showing the change in status of ar account from one file
update to the next; and
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• Clean Account Lists - listings of all accounts available for collections that haze no
hardship, assessing problem, payment arrangement, bankruptcy or other status that
j would preclude the tiling ofa lawsuit (alphabetical, account number and descending
dollar order).
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IBINI Hardware
I IBNI 4341 II Mainframe with 8 Megabytes of Main Storage
4 STC 4500 Series Dual Density tape Drives, 1600/6250 BPI
7 STC 8360 Disk Drives, 8 Spindles with 317 RIB Storage pc • Spindle and 6 Spindles
with 634 NIB Storage per Spindle
I STC 8002 Disk Controller
I STC 1800 LPM Printer
I XEROX 4050 Laser Printer capable of printing 50 pages per minute
32 ITT Courier Terminals
Hewlett-Packard Hardware/Software
` I HP3000/68 Computer with 12 NIB of Main Storage
HP3000152 Computer with 4 MB of Main Storage
I HP3000/37 Computer with 2 NIB of Main Storage
I HP3000/1,X Computer with 2 NIB of main Storage
I 7878B Mag Tape Sybsystem
1 7974A Mag Tape Sybsystem
10 7938XP Disk Drives with 404 NIB Storage per Spindle
3 EMC Falcon 400 Disk Drives with 406 NIB Storage per Spindle
1 25648 600 LPNI Printer
1 2563A 300 LPM Printer
67 2392A Terminals
14 2392A 200 CPS Printers
1 LCR2630 Dataproducts Laser Printer
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Various personal computers, Laser printers, Dot Riatrix printers, Bar Code Scanners,
OCRScanners, Plotters, Digitizers, Graphics Wirkstations, Intelligent Networking riultiplexors,
Modems, Terminals, etc. Various processors including 8086, 80286 and 80386 workstations.
Operating System
DOS MVTlVSE
Languages
COBOL
CICS
VSAM
Assembler
DYL-280
VIEW
IMAGE
MirroFocus Workbench with CICS Option
Software
A variety of off-the-shelf software packages such as Wordperfect, dBase I❑ Plus,
Nutshell Pius, Lotus 123, Harvard Graphics, Clipper Compilers, COBOL Compilers, C
Compilers, Macro Assemblers, Windows, Project Managers, etc.
Tax Office Services
HGB&W, through its subsidiary corporation, United Gove-nmenW Services of America,
Inc. (UGSA), has developed a comprehensive, on-line tax collection system which provides
technological support for collection of current and delinquent ad valorem taxes in a large multi-
jurisdiction environment.
1 The design of the UGSA-Tax Collection System (UGSA-TCS) grew out of the experience
of several key staff personnel during a major rewrite of the Bexar County Tax System in the
early 1980's. That system effort, which implemented full multi-jurisdiction capability, greatly
enhanced accounting control and led to the virtual consolidation of all collections into the Bexar
County Tax Office,
The original implementation and installation of the UGSA-TCS was for the City of
Houston for the 1987 tax roll, and subsequently the 1988 and 1989 rolls were also managed,
Beginning in 1988, the UGSA-TCS was utilized by the City of Harlingen, Harlingen CISD and
Los Fresi:os CISD in a consolidated, privatized tax collection operation. Since April, 1990, the
System has been used by Fort Bend County in a multi-jurisdiction, county environment,
Each of the above referenced implementations were in the Hewlett-Packard hardware
environment of our original development. In 1990, HGB&W was selected by Dallas County to
implement the UGSA-TCS on the County's IBM compatible mainframe computer for their 1991
tax year. In support of that effort, HGB&W has completely recoded the System using COBOL,
CICS anJ VSAM.
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Subsequently, the IBM version of the UGSA-TCS was also implement:d for the City of
Dallas in time for collection of their 1992 tax roll.
HGB&W is available to discuss with the City of Denton staff ways in which the City can
derive benefit by drawing upon HGB&W's wealth of experience in developing and operating
current and delinquent tax systems. 1
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VI. EQUAL EMPLOYMENT OPPORTUNITY {
AND AFFIRMATIVE ACTION
Heard, Goggan, Blair & Williams is an Equal Opportunity Employer. The law firm has
always complied with not only the letter but the spirit of the law regarding the Civil Rights Act
of 1964, and related equal employment opportunity legislation. 1
Our firm's affirmative action and btinority/Women Business Enterprise expenditures plan
includes minority and female participation in five separate capacities:
1. A partnershiplownership interest in the Firm;
2. Members of our own staff;
3. Attorneys performing legal work;
4. Subcontractors; and
5. Vendors and suppliers.
Our performance demonstrates our strong support of minority and women business
enterprises as well as our commitment to providing ownership and career opportunities for
minorities and women within our firm. A recap of our activity includes:
• Partnership/Ownership interest: The firm partnership includes Ms. DeMetris A.
Sampson, an African-American attorney in the Dallas office, as one of the firm's six
partners.
Ms. Sampson has direct involvement in the allocation of our firm's M/WBE
resources within the community and serves as the firm's Affirmative Action liaison t
Officer for the North Texas region.
• Employment of Minority and Women Within HGB&W: Our North Texas Regional
Office employs over thirty tax professionals. Minority and female representation has
remained at a high level throughout our organization, including the ranks of
attorney, managerial and supervisory staff as exhibited below:
Total North Texas Regional Office Staff:
Total Minority 51%
African American 67%
Hispanic 19%
Other Ethnic Minorities 14%
Anglo 49%
Female 90%
Male 10%
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Allgroey, !an rial and Supervisory Staff:
Minority 25%
AngIo 75%
Female 91%
Male 9%
Mr. Stephen Blair, a partner, is the Affirmative Action Officer of the firm. Mr. Blair
had previously been Affirmative Action Officer for the Texas Educ-don Foundation, Inc., a
large non-profit corporation with more than eight hundred (800) employees. Mr. Blair has
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' written numerous affirmative action plans that have been approved by the U.S. Department of
tabor and the Equal Employment Opportunity Commission.
Our firm always has given high priority to the hiring of women and minority personnel
in all categories of employment. The firm's growth in recent years has provided ample
opportunities for its minority and female employees to learn a wide variety of legal, technical
and professional skills and to advance rapidly.
In addition to providing professional development opportunities through permanent
employment, the firm's summerjob program has also been a major - • of on-the-job training
for minorities and women. We have also established a Minority Law Clerkship Program in the
North Texas Regional Office, Minority law students have been hired and familiarized with the
Dallas legal system during each summer since 1987.
Use cd Minority and Female Owned Businesses as Vendors and Subcontractors
During the course of doing business, our firm calls on numerous outside vendors to
provide various services. Be it office supplies, computer equipment, temporary labor, legal
services, abstracting, travel needs, or some other type of service, the firm makes every effort
to promote the growth and advancement of minority and female owned businesses. Our firm's
policy is to give preference to MIWBE companies.
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VII. Suggested Performance Criteria, Financial
Stability and Performance Commitment
Performance Criteria
Because an effective delinquent tax collection program is comprised of a comprehensive
set of services, we recommend that numerous criteria should be utilized by the City of Denton
in evaluating the success of the contract. Revenue production, however, is the reason the
contract exists and, therefore, the key element of consideration.
In response to the City's request for suggested performance criteria, we have detailed a
number of items by which the City of Denton can quantifiably measure the success of the
contract. These include:
• Revenue production;
0 Scope of services provided;
• Degree of account resolution;
0 Quality and success of the litigation program,
0 Quality of the data processing capabilities and support provided;
0 Quality and extent of overall assistance to the City of Denton;
• Quality of management reporting; and
• Continuity of services.
The primary criterion for the City of Denton to utilize in evaluation of the success of the
contract is revenue production. This is the primary goal of the contract and can be meaiured
by the City on a monthly and annual basis. A proven and predictable track record is critical as I
1 both a selection criteria and a performance measure.
The scope of services provided is indicative of the success of the program, A more
comprehensive set of legal, collection, research and support services should result in a greater
amount of revenue. A workplan should be continually monitored and updated based on
collection results and information provided in management reports. Additional performance
criteria related to scope of services include; the amount of generalized and targeted mailings
to delinquent accounts, the amount of successful telephone collection calls made, the success of
the litigation conducted and the support services provided to the City.
The extent to which problem accounts are resolved, and the firm's efforts result in
improved collectability of a tax roil, is an important performance criteria. The results of various
research efforts involving bad addresses, lawsuit service and unlocatable taxpayers can be
measured.
The degree of firm's responsiveness to taxpayer concerns can be measured by the quality
and timeliness of the firm's correspondence sent in response to taxpayer inquiries, by measuring
the volume of taxpayer complaints and resolution of these problems and by observing the staff
assigned to this project. It goes without question that the staff must conduct business with
taxpayers on behalf of the City in a professional, fair and equitable fashion.
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The overall quality and success of the firm's litigation program can be measured through
reporting techniques. The quality of the lawsuit preparation, the timeliness by which the cases
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are handled and the disposition are all important performance criteria.
The data processing support that the law firm makes available to the City is another ,
important performance criteria. It is critical that the firm's technology be state-of-the-art, the
hardware adequate to handle quantity rapidly and the programming staff knowledgeable.
The staffing that the firm dedicates to the project is an important performance criteria. i
The quality and experience of the staff assigned to this project are both important determinants. 1
The extent to which the project team is responsive and works with and serves as an extension
{ of the City of Denton staff is vital to the success of the program. The City can measure the
extent of direct and indirect assistance it receives from the law firm and quantify the amount of
City staff time that can be redirected to other projects.
The quality, meaningfulness and timeliness of the management reporting is important.
Reports that detail collection results, workload statistics, status of accounts and litigation tracking
are helpful to the monitoring of a collection program and serve as a valuable tool in revenue
forecasting and measuring the success of the firm's performance.
Finally, continuity of past senices is an important criterion in evaluating the future
success of this program. The existing program operates extremely efficiently and effectively.
The extent of transition time and costs that the City would incur if a change were undertaken 1
should be evaluated. Transition costs should be subtracted from revenue projections in order
to determine the true effectiveness of any proposed collection program. It is our feeling that 1
during difficult economic times such as these, the City cannot afford to put this vital service at {
risk.
Flnanclal Stability and Bond or Other Assurances (RFP: Selection Criteria S)
We have substantial financial resources necessary to complete this project. If requested, f
we will provide a bond or other assurance that the additional penalty assessed to defray the cost
of legal fees on accounts prior to the 1983 tax year will be repaid by the firm in the event such
fees are ruled invalid.
Performance Commitment and Additional Services
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Based on our firm's proven six year experience in collecting delinquent taxes for the City
of Denton, we are in a unique position to make collection projections. We commit that our
collections will total at least 60`0 of the total amount of base tax of current year delinquency that
exists on July I (the new "turnover" roll) by the end of the twelve month period beginning July
1 and ending June 30. We will maintain this performance standard during each year of the
contract.
If we do not meet this commitment, we will supply the City $4,000 worth of legal
services, programming or computer services, according to the City's preference,
Our firm pledges to exercise good faith and due diligence in the collection of delinquent
taxes for the City of Denton and in our efforts to meet this performance goal. It should be
recognized that the firm should not be penalized if adverse economic conditions or other factors 1
beyond its control cause a material reduction in the collection percentage,
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In addition to maintaining this standard of performance, IIGB&W will at no cost to the
City, file bankruptcy proofs of claim for utility accounts.
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VIII. Division of Responsibilities
We have attempted throughout our proposal to describe our law firm, staff, data
processing expertise and the scope of services we employ to collect delinquent taxes for the City
of Denton. The purpose of this section is to recap the points listed in the City of Denton's
Request for Proposals under "The Law Firm Will" and "The City of Denton Will." Because
we have been collecting the City's taxes since 1986, for the most part, the responsibilities are
either ongoing activities that we now perform or were one-time start-up events that have been
accomplished.
E Responsibilities of the Law Firms
HGB&W has developed the computer software necessary to perform this contract. We
will continue to write collection letters to all delinquent taxpayers, perform address research, file
and prosecute lawsuits, and pursue judgment collection, foreclosure and seizure and sale of
personal property when appropriate. We will continue to receive and process taxpayer responses
and report errors and corrections to the Tax Office.
We will continue to bear the entire cost of the operation, including: salaries, computer
costs, rent, equipment, telephone, postage and all supplies.
We will continue to receive the delinquent tax rolls and provide all research and
paperwork necessary to provide taxpayers and the tax collector with correct or corrected
information to update the City files including forwarding addresses as located. We have already
substituted as attorney of record on all existing suits and interventions and we will continue to
pay all court costs and filing fees, when necessary.
We will continue to submit monthly reports of suits filed on accounts and duplicate letters
sent to taxpayers, when appropriate. We will provide periodic reports to staff that detail
collections, lawsuit activity, judgments and foreclosures.
We will continue to file lawsuits on delinquent taxpayers that do not respond in
accordance with the schedule established by the City of Denton. We will continue to intervene
in delinquent tax suits filed by Denton County, if applicable, pursuant to Sec. 33.44, Texas
Property Tax Code. We will consult with the City of Denton's attorneys in the filing of Proof
of Claims in bankruptcy proceedings and provide bankruptcy listings, if requested. We will
continue to file suit for collection of delinquent taxes pursuant to Sections 33.41 and 33.42,
Texas Property Tax Code.
The law firm will continue to follow through on all suits and provide reports to the City
of Denton. Furthermore, we will continua to provide recommendations that an installment
agreement be entered into between City and taxpayer, for qualified individuals pursuant to
Section 33.02, Texas Property Tax Code. We will continue to provide legal support and
research as needed and we will provide recommendations to not pursue a case if a case is weak
or the likelihood of collecting is low or unlikely. We will continue to collect only those groups
or individual accounts which the City of Denton determines in its discreti)n are to be collected
by our firm.
We will continue to obtain the ownership records of all property on which a suit is filed.
We will continue to provide total and complete delinquent tax collection services including court
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filing fees and all other costs, pursuant to Sections 33.48 and 33.07, Texas Property Tax Code,
and indemnify and hold the City harmless in any suits or liability that may result from the
delinquent tax collection.
We will continue to propose a method of projecting an amount of delinquent taxes that
will be collected by our firm on an annual basis and communicating this projection and analysis
to the City Finance Department.
The current method of payment by the City is satisfactory. We understand we will
continue to be entitled to fees on amounts actually collected while the contract is in effect
pursuant to Section 33.07, Texas Property Tax Code.
We will continue to comply with not only the letter but the spirit of the law, regarding
the Civil Rights Act of 1964, and related equal opportunity legislation. Our Affirmative Action
Program and staffing analysis is included in this proposal. Our firm currently utilizes minority
subcontractors.
We will continue to assist in collecting delinquent accounts for paving assessments,
substandard housing demolition liens and weed liens.
We will coordinate the filing of all tax suits with the City Attorney and all tax collection
efforts with the City of Denton Tax Department and, when necessary, City approval will be
sought. We will provide for copies of all tax tiles to be tutned over to the City Attorney if the
contract is terminated. We will make recommendations to the City Tax Department on accounts
to be collected (i.e., mobile homes, aircraft and business personal property) by summary seizure
(Tax Warrants) and perform all legal work necessary to reduce those accounts to payment of
taxes pursuant to Sections 33.21, 33.22 and 33.23, Texas Property Tax Code.
We will commit that our collections will total at least 60% of the total amount of current
year delinquency (base tax amount) that exists on July 1 (the new "turnover" roll) by the end
of the twelve month period beginning July l and ending June 30 and have provided a penalty
clause if this commitment is not met, i
We will continue to concentrate effort toward the collection, within the statute of
limitations period, of delinquent mobile home and business personal property accounts. We have
described these special efforts in our proposal.
Responsibilities of the City of Denton
It is our understanding that the City of Denton will continue to provide the law firm with
initial delinquent tax roll data annually, and after collection activity has commenced, updated
tapes reflecting current payment information on a monthly basis.
Under presert law the City of Denton is not liable for court costs or security for costs.
They must, however, pay the cost of publishing citations in those situations where citation by
publication is necessary and desirable, under the mandatory provisions of Section 33.49, Texas
Property Tax Code. The City will be responsible for payment of sheriffs fees, execution fees,
publication fees on Orders of Sale when the property does not sell and is struck-off to the City.
The City will also be responsible for Attorney ad 1i m fees and any citation by publication fees
on Code Enforcement Project cases.
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The City will continue to be responsible for providing updated infot nation such as
adjustments, payments, errors, double assessments, or other discrepancies on delinquent accounts
and forwarding such information to the law firm. The City will continue to notify the law firm
of any taxpayer that has filed bankruptcy and notified the City of such activity.
Our fee will remain at fifteen (15%) percent of the amount of all delinquent taxes,
pursuant to Section 33.07, Texas Property Tax Code, penalty and interest actually coVccted and
paid to the collector of taxes during the term of this contract. The collector shall continue to
pay such funds mo.tthly by check. The City will continue to be able to terminate the contract
with thirt) (30) days notice for cause. The City will be requested to allow an additional six
months to reduce to judgment all suits filed prior to the last date of the contract.
The City will continue to be responsible for preparing and mailing tax statements at least
thirty (30) days, no more than sixty (60) days, prior to delinquency date, giving notice to the
delinquent axpayers of the potential add-on cost of collection.
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IX. SUMMARY OF AT'TORNEYS' FEES
AND PROPOSED CONTRACT
(RFP: Selection Criteria 6)
We propose to continue to collect delinquent taxes for the City of Denton for a fee in the
amount of fifteen (15 of the amount of taxes, penalty and interest actually collected (Sections
6.30, 33.07 and 33.48, Texas Property Tax Code). No fee will be payable until the delinquent
tax money is collected and in the City treasury. Our fee would be payable on a monthly basis.
This is a standard arrangement throughout the state and was previously promulgated by
the State Property Tax Board. At no additional cost we will provide legal representation in
connection with all phases of collection activity as described previously.
It is the considered legal opinion of HGB&W that contacts and compensation for private
attorneys are strictly governed by Texas Property Tax Code Sections 6.30 and 33.07. It has
been consistently held by the Courts of Texas and Office of the Attorney General of Texas that
taxing units have no authority to hire or compensate attorneys except by that authority expressly
conferred by statute.
Appendix E includes a copy of a proposed contract with the City of Denton. Since 1986,
the City has awarded the delinquent tax contract for a two year period, with an additional two
year extension option to be exercised at the discretion of the Council. In order to avoid program
disruptions, many jurisdictions prefer a perpetual contract that includes periodic reviews and a
cancellation provision. This allows the Council not to be forced to repeatedly entertain the
proposal process. If the Council would prefer, we would be happy to be retained under this sort
of arrangement, or any other time frame the City desires.
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X. APPENDICES
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APPENDIX A
LIST OF CLIENTS
COUNTY CLIENTS
Dame, Address,
Telephone Number
and Contract Person
Dallas County Dlmmit County
600 Elm Street Dlmmit County Courthouse
Dallas, Texas 75202 Carrizo Springs, Texas 78834
(214) 749.8811 (512) 876.2253
The Honorable David Childs The Hon. Nis. Ester Z. Perez
1 Tax Assessor-Collector Tar Assessor-Collector
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Bee County Fort Bend County
Bee County Courthouse P. 0. Box 399
Beeville, Texas 78102 Richmond, Texas 77469
(512) 358-7777 (713) 342.3411, Ext. 326
The Honorable Jimmy Martinez The Honorable Marsha Gaines
County Commissioner Tax Assessor-Collector
Bexar County Frio County
Bexar County Courthouse P. 0. Box 246
San Antonio, Texac 78205 Pearsall, Texas 78061
(512) 220.2266 (512) 334.2152
The Honorable Rudy Garza The Honorable Ysabel Pena
Tax Assessor-Collector 'fax Assessor-Collector
Brazoria Couniv lfunt County
Brazoria County Courthouse P. 0. Box 1042
Angleton, Texas 77511 Greenville, Texas 75401
(409) 233-4206 (214) 455-1210
The Honorable Ronnie Broaddus The Honorable Joyce Barrow
County Commissioner Tax Assessor-Collector
Cameron County Jefferson County
964 E. Harrison Street Jefferson County Courthouse
Brownsville, Texas 78520 Beaumont, Texas 77701
(512) 544-0800 (409) 835-8516
The Hon. Tony Yzaguirre, Jr. The Honorable Nicholas Lampson
Tax Assessor-Collector Tax Assessor-Collector
La Salle County
Zapata County
P. 0, Box 340 F, 0. Box 1008
Cotulla, Texas 78014 Zapata, Texas 78076
(512) 879.2715 (512) 765.9965
The Honorable Elsa Sanchez The Hon, Rosalva Villarreal 1
Tax Assessor-Collector Tax Assessor-Collector j
6tonigomery County
300 N. Main Street
Conroe, Texas 77301
(409) 539-7898
The Honorable J, R. Moore
j Tax Assessor-Collector
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Starr County
Starr County Courthouse
Rio Grande City, Texas 78582
(512) 487.2376
The Hon. Maria-Orrelia Saenz
Tax Assessor-Collector
Tarrant County
Tarrant County Courthouse
Fort Worth, Texas 76196
(817) 334.1120
The Honorable June Garrison
Tax Assessor-Collector
Wharton County
100 Nlilam Street
Wharton, Texas 77488
(409)532-4612
The Honorable 1. J, Irvin
County Judge
Williamson County
WiLlamson County Courthouse
Georgetown, Texas 78627
(512) 869.4303
The Honorable Dorothy Jones
Tax Assessor-Collector
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CIT1, Cl..lB~~
Name, Address,
Telephone Number
and Contract Person
city or Alvarado city or Brazoria
Johnson County Tax Office P. 0. Box 517
P. 0. Box 75 West Columbia, Texas 77486
Cleburne, Texas 76031 (409) 345.5188
(817) 641-4046 Mr. Wes Griggs
W. E. Carroll City Attorney
Tax Assessor/Collector
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City of Arlington City of Brownsville
P. O. Box 231 964 E. Harrison Street
Arlington, Texas 76004 Brownsville, Texas 78520
(817) 459.6301 (512) 544-0800
Mr. Jack Eastwood The Hon. Tony Yzaguirre, Jr.
Director of Finance Tax Assessor-Collector
City of Beaumont City of Caddo Mills
Jefferson County Courthouse P. 0. Box 1042
Beaumont, Texas 77701 Greenville, Texas 75401
(409) 835.8516 (214) 455.12I0
The Honorable Nicholas Iampson The Honorable Joyce Barrow
Tax Assessor-Collector Tax Assessor-Collector
City or Bedford City of Carrollton
Tarrant County Courthouse P. 0, Box 110535
Fort Worth, Texas 76196 Carrollton, Texas 75011.0535
(817) 334-1120 (2I4)466-3130
The Honorable June Garrison Ms. Beverly TO
Tax Assessor-Collector Tax Assessor-Collector
city or Beeville City of Celeste
Bee County Courthouse P, 0. Box 1042
Beeville, Texas 78102 Greenville, Texas 75401
(512) 358-7777 (214) 455.1210
The Honorable Jimmy Martinez The Honorable Joyce Barrow
County Commissioner Tax Assessor-Collector
City of Chuteau Woods City of Crowley
300 N. !fain Street Tarrant CountA, Courthouse
Conroe, Texas 77301 Fort North, Texas 76196
(409) 539.7398 (817) 334.1120
'I he Honorable J. R, Moore 'Me lonorable June Garrison
Tax Assessor-Collector Tax Assessor-Collector
city of China Grove City of Dallas
Bexar County Courthouse UtY) Marina St 28 South
San Antonio, Texas '78205 Dallas, Texas 75201
(512) 220-2266 (214) 670-3443
The Honorable Rudy Garza Nis. Jayne Morrell
Tax Assessor-Collector Tax Assessor-Collector
City of Combs City of Dalworthington Gardens
964 E. Harrison Street Tarrant County Courthouse
Brownsville, Texas 78520 fort Worth, Texas 76196
(512)544.0800 (817) 334.1120
The Hon. Tony Yzaguirre, Jr. The Honorable June Garrison
Tax Assessor-Collector Tax Assessor-Collector
City of Commerce City or Daytcn
1119 Alamo 111 N, Church Street
Commerce, Texas 75428 Dayton, Texas 77535
(214) 886-2105 (409)258.2642
The Honorable Joyce Barrow Mr. Jerry Gore
Tax Assessor-Collector City Manager
City of Conroe City of Denton
300 N. Main Street 215 E. McKinney
Conroe, Texas 77301 Denton, Texas 7001
(409) 539.7898 (817) 566-8224
The Honorable 1. R. Moore Sit. John McGrane
Tax Assessor-Collector Executive Director of Finance
City of Converse City of Etmendorf
Bexar County Courthouse Bexar County Courthouse
San Antonio, Texas 78205 San Antonio, Texas 78205
(512) 220.2266 (512) 220-2266
The Honorable Rudy Garza The Honorable Rudy Garza
Tax Assessor-Collector Tax Assessor-Collector
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Chs of Euless City of Grand Prairie
Tarrant County Courthouse P. 0. Box 530011
Fort Worth, Texas 76196 Grand Prairie, Texas 75053.0011
(817) 334-1120 (214) 262-0031
The Honorable June Garrison Pcggy McCormick
Tar Assessor-Collector "Fix Collections Manager
city of Fore., t Hill City of Grandview
Tarrant County Courthouse Johnson Ojunty Talc Office
Fort Worth, Texas 76196 P. Bo). 75
(817) 334.1120 Cl6urn-, rexas 76031
The Honorable June Garrison (817) 641.4046
Tax Assessor-Collector W. E. Carroll
Tax AssessorlColleetor
City of Fort Worth Cit) of Granger
1000 Throckmorton Williamson County Courthouse
Fort Worth, Texas 76102 Georgetown, Texas 78627
(817) 870-8517 (512) 869.4303
Mr. Judson Bailiff The Honorable Dorothy Jones
Director of Finance Tax Assessor-Collector
City ref FreeN ~ A City of Grey Forest
128 Cast 4th Street Bexar County Courthouse
Freeport, Texas 77541 San Antonio, Texas 78205
(409) 233.3526 (512) 220.2266
Mr. Bob Story The Honorable Rudy Garza
City Attorney Tax Assessor-Collector
City of Frisco city of Harlingen
P. O. Box 177 118 E. Tyler
Frisco, Texas 75034 Harlingen, Texas 78550
(214) 377.2161 (512) 427.8710
Nis. Frances Justus Me "red Ramos
Tax Assessor-Collector Director of Finance
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City of Hill Country Village City of Krugervllle
Bexar County Courthouse #8 Carrigan Center
San Antonio, Teas 78205 Aubrey, Texas 76227
(512) 220.2266 (817) 365-2158
The Honorable Rudy Garza Nis. Marilyn Carrigan
Tax Assessor-Collector City Secretary
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City of Hutto City of Leander
Williamson County Courthouse Williamson County Courthouse
Georgetown, Texas 78627 Georgetown, Texas 78627
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(512) 869-430 (512) 869.4303
The Honorable Dorothy Jones The Honorable Dorothy Jones
Tax Assessor-Collector 'fax Assessor-Collector
i City of Joshua City of Liberty
Johnson County CAD 1928 Sam Houston
109 N. Mail Liberty, Texas 77575
Cleburne, Texas 76031 (409) 336-3684
(817) 645-3986 Ms, Marie Rabel
Ms. Lona Crocker Tax Collector
Tax Assessor/Collector
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city or Keene city of Live Oak
Johnson County CAD Bexar County Courthouse
109 N. Main San Antonio, Texas 78205
Cleburne, Texas 76031 (512) 220.2266
(817) 645.3986 The Honorable Rudy Garza
Ats, Lona Crocker Tax Assessur-Collector
Tax Assessor/Collector
City of Kirby city of Nalalla
Bexar County Courthouse 211 Pearson
San Antonio, Texas 78205 Natalia, Texas 78059
(51') 220-2266 (512) 663-2926
The Honorable Rudy Garza The Hon. Martin Hardison, Jr.
Tax Assessor-Collector Mayor
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City of Needville City of Port Isabel
P. 0. Box 527 P. 0. Drawer AL
Needville, Texas 77461 Port Isabel, Texas 78578
(409) 793.4253 (512) 943.7971
Nis. Kathleen Gajevsky Its. Brenda Villarreal
City Secretary Tax Assessor-Collector
city of New Braunfels city of Prbuera
407 Mill Street 964 E. Harrison Street
New Braunfels, Texas 78130.0407 Brownsville, Texas 78520
(512) 620-6200 (512) 544.0800
Mr. Carlton Donop The Hon. Tony Yzaguirre, Jr.
Tax Assessor-Collector Tax Assessor-Collector
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City of Panlego city of Prosper
Tarrant County Courthouse P. 0. Box 297
Fort Worth, Texas 76196 Prosper, Texas 75078
(917) 334.1120 (214) 347-2304
The Honorable June Garrison Nis, Radean Herron
Tax Assessor-Collector Tax Assessor-Collector
City of Pelican Bay City of Quinlan
Tarrant County Courthouse P. 0. Box 1042
Fort Worth, Texas 76196 Greenville, Texas 75401
(817) 334.1120 (214) 4551210
The Honorable June Garrison The Honorable Joyce Barrow
Tax Assessor-Collector Tax Assessor-Collector
City of Port Arthur City of Rio Vista
Jefferson County Courthouse P. 0. Box 129
Beaumont, Texas 77701 Rio Vista, Texas 76093
(409) 835.8516 (817) 373.2588
The Honorable Nicholas Lampson Georgia Jones
Tax Assessor-Collector Tax Assessor/Collector
City of River Oaks City of Sansom Park
Tarrant County Courthouse
Fort Worth, Texas 76196 Tarrant County Courthouse
{817} 334.1120 Fort Worth, Texas 7619C
The Honorable June Garrison 334.1120
Tax Assessor-Collector The e Honorable June Garrison
Tax Assessor-Collector
City of Roo_ id Rock
211 E, Alain City of Seagoville
Round Rock, Texas 78664 702 N. Highway 175
(312) 255-3612 Seagoville, Texas 75159
(114) 287-2050
Mr. Stcve Sheets Nis. Donna While
City Attorney . Doonna While
Tax Assessor-Collector
City of Saginaw City of Selma
Tarrant County Courthouse l3exar Fort Worth, Texas 761,h San ACounty Courthouse
(817) 334.1120 Antonio, Texas 78205
220-2266
The Honorable June Garrison The Honorable e
Tax ASSCSSOr•Collector The Rudy Garza
Tax Assessor-Collector
City of San Benito city of Shavano Park
P. O. Box 1870 Bexar County Courthouse
San Benito, Texas 78386 San Antonio, Texas 78205
(512) 399-5344 (512) 220.2266
Mr. Manuel Hinojosa The Honorable Rudy Garza
City Manager
'l'ax Assessor•Collector
City of San Antonio City of Shenandoah
P. 0. Box 9066 300 N, Main Street
San Antonio, Texas 78285 Conroe, Texas 77301
(312) 299.86e.0 (409) 339.7898
Mr. Quentin Porter The Honorable 1. R, Moore
Tax Assessor-Colleclor Tax Assessor•Collector
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City of Shennan City of Weir
P. 0. Box 1106 Williamson County Courthouse
Sherman, Texas 75091-1106 Georgetown, Texas 78627
(903) 892-7306 (512) 869.4303
Mr. John Gilliam The Honorable Dorothy Jones
City Attorney Tax Assessor-Collector
City of Somerset City of Nest Columbia
Bexar County Courthouse P. 0. Box 517
r San Antonio, Texas 78205 West Columbia, TX 77486
(512)220.2266
(409) 345.5188
The Honorable Rudy Garza Mr. Wes Gri •os
Tax Assessor-Collector City Attorney
City of St. Hedwig Town of Bartonvllle
Bexar County Courthouse 1941 E. Jeter Road
San Antonio, Texas 78205 Bartonville, Texas 76226
(512) 220-2166 (817) 430-4052
The Honorable Rudy Garza The Honorable Adolf Andrzejewski
Tax Assessor-Collector Mayor
city or Terrell Hills Town or Holiday Lakes
Bexar County Courthouse Brazoria County Courthouse
San Antonio, Texas 78205 Angleton, Texas 77511
(512) 220-2266 (409) 233-4206
The Honorable Rudy Garza The Honorable Ronnie Broaddus
Tax Assessor-Collector County Commissioner
City of Thrall Town of Indian Lake
Williamson County Courthouse 964 E. Harrison Street
Gvorgetown, Texas 78627 Brownsville, Texas 78520
(512) 869.4303 (512) 544-0800
The Honorable Dorothy Jones The Han. Tony Yzaguirre, Jr.
Tax Assessor-Collector Tax Assessor-Collector
City of Universal City Town or South Padre Island
Bexar County Courthouse P. 0. Drawer AL
San Antonio, Texas 78205 Port Isabel, Texas 78578
(512) 220.2266 (512) 943.7971
The Honorable Rudy Garza N11j. Brenda Villarreal
Tax Assessor-Collector Tax Assessor-Collector
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Village of Laguna Vista
P. 0. Drawer AL
Port Isabel, Texas 78578
(512) 943.7971
Nis. Brenda VWarreal
Tax Assessor-Col lector
Woodbranch Village
300 N. Main Slreel
Conroe, Texas 77301
(409) 539.7898
The Honorable J. R. Moore
Tax Assessor-Collector
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HOSPITAL DISTRICTS
Name, Address,
Telephone Number
and Contract Person
Angleton-Danbury Hosp. Dist. Starr County llosp. Dist.
Braxoria County Courthouse Starr County Courthouse
Angleton, Texas 77511 Rio Grande City, Texas 78582
(409) 2334206 (512) 487.2376
The Honorable Ronnie Broaddus The Hon. Maria-Orelia Saenz
County Commissioner Tar Assessor-Collector
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Bexar County Hosp. Dist. Sweeny Hospital District
Bexsr County Courthouse Brazoria County Courthouse
San Antonio, Texas 78205 Angleton, Texas 77511
(512) 220-2266 (409) 233-4206
The Honorable Rudy Garza The Honorable Ronnie Broaddus p
Tax Assessor-Collector County Commissioner
Dallas County Hosp. Dist. Tarrant County Hosp. Dist.
600 Elm Street Tarrant County Courthouse
Dallas, Texas 75202 Fort Worth, Texas 76196
(214) 749.8811 (817) 334.1120
The Honorable David Childs The Honorable June Garrison
Tax Assessor-Collector Tax Assessor-Collector
Ilunl County Mlem. Hosp. Dist.
P. 0. Box 1042
Greenville, Texas 75401
(214) 4551210
The Honorable Joyce Barrow
Tax Assessor-Collector
Montgomery County Ilosp. Dist.
300 N. Main Street
Conroe, Texas 77301
(409) 539.7898
The Honorable J, R. Moore
Tax Assessor-Collector
SCHOOL DISTRICTS
Name, Address,
Telephone Number
and Contract Person
Alamo Ilelghts I.S.D. Bland I.S.D.
Bexar County Courthouke P. 0. Box 216
San Antoniu, Texas 78205 Merit, Texas 7502
(512) 220-2266 (214) 776-2161
The Honorable Rudy Garza The Honorable Joyce Barrow
Tax Assessor-Collector Tax Assessor-Collector
Alvarado ISD Brooks County I.S.D.
Johnson County Tax Office 220 South Henry Street
P. 0. Box 75 FaIfurrias, Texas 78355
Cleburne, Texas 76031 (512) 325-5681
(817) 641-4046 Mr. Humberto B. Rivera
W. E. Carroll Business Manager
Tax Assessor/Collector
Bastrop I.S.D. Brownsville I.S.D.
1602 Hill Street 9(1 E. Harrison Street
Bastrop, Texas 78602 Bros. isville, Texas 78520
(512) 321-2292 (51~4) 544.0300
Mr. Ronald Landrum The Hon. Tony Yzaguirre, Jr.
Associate Superintendent Tax Assessor-Collector
Beaumont I.S.D. Caddo Mills I.S.D.
5990 N. Circuit P. 0. Box 1042
Beaumont, Texas 77706 Greenville, Texas 75401
(409) 899.9972 (214) 455-1210
Mr. Joe Austin The Honorable Joyce Barrow
Superintendent of Schools Tax Assessor-Collector
Beeville I.S.D. Celeste I.S.D.
Bee County Courthouse P. 0. Box 1042
Beeville, Texas 79102 Greenvii.'e, Texas 75401
(512) 3587777 (214) 455.1210
The Honorable Jimmy Martinez The Honorable Joyce Barrow
County Commissiater Tax Assessor-Collector
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Community I.S.D. Dallas I.S.D.
P. 0. Box 400 1500 Marilla St. 2B South
Nevada, Texas 75073-0400 Dallas, Texas 75201
(214) 853-2474 (214) 670.3443
The Honorable Ken Maun Nis. Jayne Morrell
Tax Assessor-Collector Tax Assessor-Collector
Comstock I.S.D. East Central I.S.D.
Box 905 Bexar County Courthouse
Comstock, Texas 78837 San Antonio, Texas 78205
(915) 292-4444 (512) 220-2266
Mr. Wayne Hyde The Honorable Rudy Garza
Tax Collector Tar Assessor-Collector
Cotulla I.S.D. Florence I.S.D.
Box 699 300 College
Cotulla, Texas 78014 Florence, Texas 76527
(512) 879.2715 (817) 793-2337
Nis. Juanita Lozano Nis. Jo Havins
Tax Collector Tax Assessor-Collector
Crowley I.S.D. Godley 1SD
Tanant County Courthouse Johnsen County CAD
Fort Worth, Texas 76196 109 V. Main
(817) 334.1120 Cleb irne, Texas 76031
The Honorable June Garrison (8 [7) 645.3986
Tax Assessor-Collector Ms. Lona Crocker
Tax Assessor/Collector
Cumby I.S.D. Grand,lew ISD
P. O. Box 1042 Johnson County CAD
Greenville, Texas 75401 109 N. Main
(214) 455.1210 Cleburne, Texas 76031
The Honorable Joyce Barrow (817) 645.3986
Tax Assessor-Collector Nis. Lona Crocker
Tax AssessorlCollector
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Ilatnshire-Fannett LS.D. Keene I.S.D.
Jefferson County Courthouse Johnson County CAD
Beaumont, Texas 77701 109 N. Main
(409) 835.8516 Cleburne, Tcaas 76031
The Honorable Nicholas Lampson (817) 645-3986
Tax Assessor-Collector Ms. Lona Crocker
Tax Assessor/Collector
Harlingen C.I.S.D. Lone Oak LS.D.
r--~, 1409 E. Harrison Street P. 0. Box 38
Harlingen, Texas 78550 Lone Oak, Texas 75453.0038
a (512) 430-4400 (214) 662-5427
Mr. Ramiro Flores The Honorable Joyce Barrow
Business Manager Tax Assessor-Collector
Hutto I.S.D. Los Fresnos C.I.S.D.
Williamson County Courthouse Box 309
Georgetown, TexaA 78627 Los Fresnos, Texas 78566
(512) 869-4303 (512) 233.4407
The Honorable Dorothy Jones Mr. Jorge Rivas
Tax Assessor-Collector Business Manager
Jarrell I.S.D. \lelissa I.S.D.
Williamson County Courthouse P. 0. Box 127
Georgetown, Texas 78627 Frisco, Texas 75034
(512) 869.4303 (214) 837-2291
The Honorable Dore,hy Jones Ms. Mary Reed
Tax Assessor-Collector Tax Assessor-Collector
Jh Hogg County I.S.D. Nederland I.S.D.
P. O. Box 880 Jefferson County Courthouse
Hebbronville, Texas 78361 Beaumont, Texas 77701
(512) 527-3203 (409) 835-8516
Nis. Edwina Escobedo The Honorable Nicholas Lampson
Tax Collector Tax Assessor-Collector
Jim Hogg ISD New Braunfels 1SD
102 W. Lucielle 407 Mill Street
Kindergarter Building New Braunfels, Texas 78130-0407
Hebronville, Texas 78361 (512) 620-6200
Edwina Escobedo Mr. Carlton Donop
Tax Assessor/Collector Tax Assessor-Collector
`iorihside I.S.D. Prosper I.S.D.
Bexar County Courthouse P. 0. Box 107
San Antonio, Texas 78205
Prosper, Texas 75078
(532) 220-2266
(214)
The Honorable Rudy Garza 347.2461
his. Radean Herron
Tau Assessor-Collector Tax Assessor-Collector
Pawnee LS.D. Rio Vista ISD
Bee County Courthouse P. 0. Box 369
Beeville, Texas 78102 Rio Vista, Texas 76093
(512) 358-777
The Honorable Jimmy Martinez (817) 4i
Afs. Anita ita Hutson
County Commissioner Tax AssessorlCollector
Pettus I.S.D. Sabine Pass I.S.D.
Bee County Courthouse Jefferson County Courthouse
Beeville, Texas 78102 Beaumont, Texas 77701
(512) 358-7777 (409) 835-8516
The Honorable Jimmy Martinez The Honorable Nicholas Lampson
County Commissioner Tax Assessor-Collector
Point Isabel I.S.D. Sari Antonio I.S.D.
P. 0. Box 1124 Bexar County Courthouse
Port Isabel, Texas 78578 San Antonio, Texas 78205
(512) 943.7971 (512) 220-2266
Mr, Eliseo B. Vega The Honorah!o Rudy Garza
School Board Member Tax Assessor-Collector
Port Arthur I.S.D. San Benito I.S.D.
Jefferson County Courthouse 195 W. Adele Street
Beaumont, Texas 77701 San Benito, Texas 78586
(409) 835.8516 (:i;2) 399.3372
The Honorable Nicholas Lampson Mr. Joe Green
Tax Assessor-Collector Business Manager
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Santa Maria LS.D, South San Antonio I.S.D.
964 E. Harrison Street Rcxar County Courthouse
Brownsville, Texas 78520 San Antonia, Texas 78205
(512)544.0800 (512) 220-2206
The Hon. Tony YzaKuirre, Jr.
The Honorable Rudy Garza i
Tax Assessor-Collector Tax Assessor-Col!ector ;
Sherman LS.D. Southside I.S.D.
P. 0. Box 1156 Bexar County Courthouse
Sherman, Texas 75091-1156 San Antonio, Texas 78205
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(9031893-9673 (512) 220-2266
Mr. Bob Tollison
Tax Assessor-Collector The Honorably Rudy Garza
Tax Assessor-Collector
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Skidmore Tynan I.S.D. Thrall I.S.D.
Bee County Courthouse Williamson County Courthouse
Beeville, Texas 78102 Georgetown, Texas 78627
(512) 358.7777 (512) 869.4303
The Honorable Jimmy Martinez The Honorable Dorothy Jones
County Commissioner Tax Assessor-Collector
Somerset I.S.D. Wolfe City I.S.D.
Bexar County Courthouse P. 0. Box L
San Antonio, Texas 78205 Wolfe City, Texas 75496
(512) 220-2266 (214) 496.2283
The Honorable Rudy Garza Mr. John Sneed
Tax Assessor-Collector Superintendent of Schools
South Texas LS,D.
964 E. Harrison Street
Brownsville, Texas 78520
(512) 544.0800
The Hon. Tony Yzaguirre, Jr.
Tax Assessor-Collector
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SP,FC11L. Maim
Name, Address,
Telephone Number
gnd Contract Person
Alamo Comm. College Dist. Beeville Water Supply Diit.
Bexar County Courthouse Bee County Courthouse
San Antonio, Texas 78205 Beeville, Texas 78102
(512) 220-2266 (512) 358-7777
The Honorable Rudy Garza The Honorable Jimmy Martinez
Tax Assessor-Collector County Commissioner
Angleton Drainage DW. Bevil Oaks MUD
Brazoria County Courthouse Jefferson County Courthouse
Angleton, Texas 77511 Beaumont, Texas 77701
(409) 233.4206 (409) 835.8516
The Honorable Ronnie Broaddus The Honorable Nicholas Lampson
County Commissioner Tax Ass~!ssor-Collector
Beaumont Navigation Dist, Brazos River Harbor Nav, Dist.
Jefferson County Courthouse Brazoria County Courthouse
Beaumont, Texas 77701 Angleton, Texas 77511
(409) 835.8516 (409) 233.4206
The Honorable Nicholas Lampson The Honorable Ronnie Broaddus
Tax Assessor-Collector County Commissioner
Bee County College Dist. Brownsville Navigation Dist.
Bee County Courthouse 964 E. Harrison Street
Reeviile, Texas 78102 Brownsville, Texas 78520
(5l2) 358-7777 (512) 544-0800
The Honorable Jimmy Martinez
The Non, Tony Yzaguirre, Jr.
County Comn icsioner Tax Assessor-Collector
Bee County fire District #3 Cameron Co. Drain. Dist. #1
Bee County Courthouse 964 E, Harrison Street
Beeville, Texas 78102 Brownsville, Texas 78520
(512)358.7711 (512) 544.0800
The Honorable Jimmy Martinez The Hon, Tony Yzaguirre, Jr.
County Commissioner Tax ,assessor-Collector
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Cameron Co. Drain. Dist. #3 Chandler Creek 51UD N1
964 E. Harrison Street Williamson County Courthouse
Brownsville, Texas 785,10 Georgetown, Texas 78627
(512) 544-0800 (512) 869-4303
The Hon. Tony Yzaguirre, Jr. The Honorable Dorothy Jones
Tax Assessor- Collector Tax Assessor-Coi lector
Cameron Co. Drain. Dist. k4 Dallas County Comm. College
964 E. Harrison Street 600 Elm Street
Brownsville, Texas 78520 Dallas, Texas 75202
(512) 544.0800
(214) 749.8811
The Hon. Tony Yzaguirre, Jr. The Honorable David Childs
Tax Assessor-Collector Tax Assessor-Collector
Cameron Co. Fresh Water Dist. Panbury Drainage District
964 E. Harrison Street Brazoria County Courthouse
Brownsville, Texas 78520 Angleton, Texas 77511
(512) 544.0800 (40rd) 233-4206
The Hon. Tony Yzaguirre, Jr. The Honorable Ronnie Broaddus
Tax Assessor. Collector County Commissioner
Cameron County Fire Dist. Denton County Road Utility District No,I
964 E. Harrison Street c/o Hughes do Luce, L.L.P.
Brownsville, Texas 78520 1717 Main Street, Suite 2800
(512) 544.0800 Dallas, Texas 75201
The Hon. Tony Yzaguirre, Jr. (214) 939.5500
Tax Assessor-Collector 'The Honorable Barry Puund
Chairman of the Board
Central Fire District Donaho Creek Watershed Dist.
Bee County Courthouse Williamson County Courthouse
Beeville, Texas 78102 (;eorgetown, Texas 78627
(512)358.7777 (512)869.4303
The Honorable Jimmy Martinez 'The Honorable Dorothy Jones
County Commissioner Tax Assessor-Collector
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East Bernard Water Dist. Ilungerford AIUD
100 Milam Street 100 MiIam Street
Wharton, Texas 77488 Wharton, Texas 77488
(409) 532-4612 (409) 532.4612
The Honorable 1. J. Irvin The Honorable I. J. Irvin
County Judge County Judge
Edwards Under, Water Dist. Iowa Colony Drain. Dist.
r Bexar County Courthouse Brazoria County Courthouse
I San Antonio, Texas 78205 Angleton, Texas 77511
(512) 220-2266 (409) 233.4206
E The Honorable Rudy Garza The Honorable Ronnie Broaddus
Tax Assessor-Collector County Commissir?mer
Evergreen Underground WCD Jefferson Co. Drain. Dist. N3
P. O. Box 246 Jefferson County Courthouse
Pear.all, Texas 78061 Beaumont, Texas 77701
(51'2) 334.2152 (409) 835-8516
The Honorable Ysabel Pena The Honorable Nicholas Lampson
Tax Assessor-Collector Tax Assessor-Collector
Frio Co. RR Fire Dist. Jefferson Co. Drain. Dist, #6
P. O, Sox 246 Jefferson County Courthouse
Pearsall, Texas 78061 Beaumont, Texas 77701
(512) 334-2152 (409) 835.8516
The Honorable Ysabel Pena 'The Honorable Nicholas Lampson
J Tax Assessor-Collector Tax Assessor-Collector
Fulshear RR Fire Prev. Dist. M1 Jefferson Co. Drain. Dist. N7
P. O. Box 399 Jefferson County courthouse
Ric! mond, Texas 77469 Beaumont, Texas 77701
(713) 3423411 (409) 835.8516
The Honorable Marsha Gaino The Honorable Nicholas Lampso.n
Tax Assessor-Collector Tar Assessor-Collector
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Jefferson Co. RR Fire Prev. Dist. Montgomery County FD #1
Jefferson County Courthouse 300 N. Main Street
Beaumont, Texas 77701 Conroe, Texas 77301
(409) 835-8516 (409) 539.7898
The Honorable Nicholas Lampson The Honvirable J. R. Moore
Tax Assessor-Collector 'l'ax Assessor-Collector
Jefferson Co. %VC1D #10 Montgomery County FD #2
Jefferson County Courthouse 300 N. Main Strut
Beaumont, Texas 77701 Conroe, Texas 77301
(409) 835.8516 (409) 539-7898
The Honorable Nicholas Lampson The Honorable J. R. Moore
Tax Assessor-Collector Tar Assessor-Collector
Jim Hogg Co. Fire Dist. Montgomery County FD N3
P. O. Box 729 300 N. Main Street
Hebbronville, Texas 78361 Conroe, Texas 77301
(532) 527-3237 (409) 539.7898
The Hon. Margarita Vera The Honorable J. R. Moore
Tax Assessor-Collector Tar Assessor-Collector
Montgomery Co. Drain. Dist. M6 Montgomery County FD #4
300 N. Main Street 300 N. Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539.7898 (409) 539-7898
The Honorable J. R. Moore The Honorable J. R, Moore
Tax Assessor Collector Tax Assessor-Collector
Montgomery County AIUD k3 Montgomery County FD M5
300 N. Main Street 300 N. Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539-7898 (409) 539.7898
The Honorable J. R. Moore The Honorable J. R. Moore
Tax Assessor-Collector Tax Assessor-Collector
Montgomery County FD #6 Montgomery County FD X12
300 N. Main Street 300 N. Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539-78% (409) 539-7898
The Honorable J. R. Moore The Honorable J. R. Moore
Tar Assessor-Collector Tax Assessor-Collector
Montgomery County FD #7 Montgotnety County FD #13
300 N. Main Street 300 N. Main Street i
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Conroe, Texas 77301 Conroe, Texas 77301
(409) 539.7898 (409) 539.7898
The Honorable J. R. Moore The Honorable J. R. Moore
Tax Assessor-Collector Tax Assessor-Collector
1llontgomery County FD N8 Montgomery Co. Road Dist. NI
300 N, Main Street 300 N. Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539-7898 (409) 539-7898
The Honorable J. R. Moore The Honorable J. R. Moore
Tax Assessor-Collector Tax Assessor-Collector
Montgomery Codnly FD M9 New Caney MW
300 N. Main Street 300 N. Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539.7898 (409) 539.7898
The Honorable J. R. Moore The Honorable). R. Moore
Tax Assessor-Collector Tax Assessor-Collector
Montgomery County FD #10 North Bee Co. Flre Dist,
300 N. Main Street Bee County Courthouse
Conroe, Texas 77301 Beeville, Texas 78102
(409) 539.7898 (512) 358.7777
The Honorable J. R. Moore The Honorable Jimmy Martinez
Tax Assessor-Collector County Commissioner
Montgomery County FD #11 North Harris Co. College
300 N. Main Street 300 N, Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539.7898 (409) 539-7898
' The Honorable J. R. Moore The Honorable J. R. Moore
Tax Assessor-Collector Tax Assessor-Collector
Northeast RR Road Dist. N1 Port of Harlingen
Williamson County Courthouse 964 G. Harrison Street
Georgeto,vn, Texas 78627 Brownsville, Texas 78520
(512) 869-4303 (512) 544-0800
The Honorable Dorothy Jones The Hon. Tony Yzaguirre, Jr.
Tax Assessor-Collector Tax Assessor-Collector
Northwest Forest MUD Port of Port Arthur
Jefferson County Courthouse Jefferson County Courthouse
Beaumont, Texas 77701 Beaumont, Texas 77701
(409) 835.8516 (409) 835-8516
The Honorable Nicholas Lampson The Honorable Nicholas Lampson
Tax Assessor-Collector Tax Assessor-Collector
Oak Ridge North AIUD Porter MUD
300 N. Alain Street 300 N. Main Street
Conroe, Texas 77301 Conroe, Texas 77301
(409) 539-7898 (409) 539.7898
The Honorable J. R. Moore The Honorable J. R. Moore
Tax Assessor-Collector Tax Assessor-Collector
Pawnee Fire District Sabine Pass Pori Authority
Bee County Courthouse Jefferson County Courthouse
Beeville, Texas 78102 Beaumont, Texas 77741
(512) 358.7777 (409) 835-8516
The Honorable Jimmy Martinez The Honorable Nicholas Lampson
County Commissioner Tax Assessor. Collector
Pettus AIUD San Antonio NIUD M1
Bee County Courthouse Bexar County Courthouse
Beeville, Texas 78102 San Antonio, Texas 78205
(512) 358.7777 (512) 220-2266
The Honorable Jimmy Martinez The Honorable Rudy Garza
,''ounty Commissioner Tax Assessor-Collector
I
I
SE Williamson Co. Rd. Dist. #1 Tarrant Co. Water Dist. #1
Williamson County Courthouse Tarrant County Courthousr.
Georgetown, Texas 78627 Fort Worth, Texas 76196
(512) 869-4303 (817) 334.1120
The Honorable Dorothy Jones The Honorable June Garrison
Tax Assessor-Collector Tar Assessor-Collector
S%V Williamson Co. Rd. Dist. #1 Texas Southmost College
Williamson County Courthouse 964 E. Harrison Street
Georgetown, Texas 78627 Brownsville, Texas 78520
(512) 869-4303 (1512) 544-0800
The Honorable Dorothy Jones The Hon. Tony Yzaguirre, Jr.
Tax Assessor-Collector Tar A ssessor-CoI lector
Tarrant Co. Fire Prev. Dist. #1 Trinity Bay Cons. Dist,
Tarrant County Courthouse Jefferson County Courthouse
Fort Worth, Texas 76196 Beaumont, Texas 77701
(817) 334.1120 (409) 835.8516
The Honorable June Garrison The Honorable Nicholas Lampson
Tax Assessor-Collector Tax Assessor-Collector
Tarrant Co. Jr. College Dist. Welasco Uralnage District
Tarrant County Courthouse Brazoria County Courthouse
Fort Worth, Texas 76196 Angleton, Texas 77511
(817) 334.1120 (409) 233-4206
The Honorable June Garrison The Honorable Ronnie Broaddus
Tax Assessor-Collector County Commissioner
Tarrant County NWD Wharton Co. Fire Dist.
Tarrant County Courthouse 100 Milam Street
Fort Worth, Texas 76196 Wharton, Texas 77488
(817) 334-1120 (409) 532-4612
The Honorable June Garrison The Honorable 1.1. lr~i t
Tax Assessor-Collector County Judge
'Wharton Co. Jr. College Dist.
100 N ilam Street
Wharton, Texas 77488
(409) 532-4612
The Honorable 1. J. Irvin
County Judge
Williamson County F,NI
Williamson County Courthouse
Georgetown, Texas 78627
(512) 869.4303
The Honorable Dorothy Jones
I Tax Assessor-Collector
Willlamson County NWD MI
Williamson County Courthouse
Georgetown, Texas 78627
(512) 869.4303
The Honorable Dorothy Jones
Tax Assessor-Collector
%V111latnson Co. RR Fire Dist. NI
Williamson County Courthouse
Georgetown, Texas 78627
(512) 869-4303
The Honorable Dorothy Jones
Tax Assessor-Collector
1
I
APPENDIX B
SAMPLE ;MAILING INFORMATION ;
v~
1
HEARD, =03AN, BLAIR & WILL~AM9
'r t. f wf •1e f1 ATTC/sC Tb A T•.AW
1•/10.10 T1i •0wllr . OCNT/•.
.IV10 -CA-RC JA' • O. 10R rflf ~l"914 0 t. ► arNp w
.QYN ■ OpQOfN, 0i 07N
Age.* 1411 YC1wAl♦ CT ICIT "44 13 1 / 026136&91, n
Iw„/w $6414 PR
:r 'f+0OM1O L. wyIL lIA OI
/LAIR Q1NTeN, Tf1A/ 10101 •AT01CK C. It1NAy
161 N. NI66IAY/ 40 A9fA CODE 111 1111CCA S. /UfTAMANTI
.IQs 6. PUTNCAN,/JO. 1I6COMON1 011•6640 M61 8141 OCAVIC IL-OTC
,PC 1►YA44104
AT or ,N►/T,AAN UGM■1e /TR 914R
1
pi July 1l 1990 %A01 G. WA VS
ATTOr C, NAr RiClO 140, A. NCRRYINr
COMIN T. YCCK1 COA4698 M. 11110,
•ONA N. ♦2406N 1
.iv goo C CANALIO OR c0uN0fL
OLANZO OARCrA ACCOUNT NU"ER
reNA1p R, eK/~Nee1 ~
920000063
DENTON CENTER TEXACO
C/0 DONNA DIXON
P 0 301 2134
DENTON TZ 76202
Dear City of Denton Taxpayers
Our law firm has been retained to institute forced collection Mica to
collect your delinquent taxes owed to the City of Denton Tax M on the
above referenced account. This letter and the detailed tax statement
enclosed are your notice that these taxes are delinquent and have been
turned over to us for collection.
You must make payment within to days from the date of this letter or face
foreclosure proceedings designed to satisfy your tax delinquency by selling
your property to the highest bidder for cash. upon filing suit against
you, ve, will request of the Court that you be required to pay all related
costs, including attorney's Lees, in addition to your delinquent taxes,
penalty and interest.
In order to avoid the above proceedings with associated costs and
inconveniences, please return the enclosed statement along with your check
payable tot
City of Denton Tax Department
216 RR llcxinneYp
Denton, Texas 76201
It you believe this statement to in error, or that you are entitled to an
*14wption, or if you do not own the property, plea// WM~ this law office
at P.O. Box 15270 Denton, Tesas 76202 and supply the Ae QMj Nc=Z along
with your comisentsl
Sincerely,
HZAAD, GOGOAN, BLAIR 9 WILLIAMS
0 aver S. Heard, Jr.
Attorney at Law
04Hrld
Snelosure
RETURN THIS STATEMENT WITH YOUR PAYMENT
MAKE YOUR C4CK. YONSY OnER
04 CASKVS MK PAYADLE TO
CITY OF OENTON
MAIL PAYMENT TO
180000063
CITY OF OENTON TAX MICE
218 E. MOKINNEY
OENTON. TEXAS 76201
9E SURE TrnS ADDReSS SHOWS IN QWELOPE WMOW
I i
OYNTON CLNTIII TULADD PROPERT! DESCRI7TIONI
i C/0 DONNA DIKON 906 UNI7EIt M DR v
P 0 DOX 2134 FUJONAL PROPERTY - SERVICE S-
ix 16202 ATION LOCATIONI 906 UNIVSR8IT
MRS BASE TAx WENALTY 4•-AlmoST Y~ O16 1 PAID
178A....,........» ......7.~.~~..??,... ?.,~...T...... ....4i7r90
9.4l.._....._, 4P
T~Z!!r
Jill
PAY THIS AMOUNT
~rr~Nr~~rr~r
QUICK PR08LEM & REFERRAL CHART
PROBLEM WHO TO CALL
a,al .r+.',!d a!ilk J.rl tiff ~1tce
re30v Palo ldlkl7 13lk
l'3ci'aor P3ynet TafGr+ceea'd cogaf'
fila r 1 Nil INFORMATION
•dnfFit .r,.nt . !..,3 1
3.e aop'1 Sa 9 sir cl
about
rFoCralal District
rly 43Le Dppra131 DrSInCI ~I
D!'nd errrdlkel Heard Gdggan aar s YOUR
Wdrl
Talk Laesml Heard Goq,ln Ala'r S
N 3'
PROPERTY TAXES
PAY YOUR TAMES NOW...
DON'T WAIT FOR A LAWSUITI
If You do not make AreArpements to pay your flies now
YOU VI OE SuEO and COURT COSrS ARE E>tPENSIyEI
you as me prCperty Orrner may be rHoonSItil pat Only lot
Ihl folk penary and rprllelr but aria toll
'Clerk feet 'sheriff refs
'dbstrapar feel 'pubflCAtion fees
IF A SUIT IS FILED
you and btner Cartes wan an interest In me properly may be
n011hed by Crlal'on by me Snehll s 011:Ce Constable S Off ice
dr other process server
The v*yw!ades'pnld ro foreclose the ue run or me proderry PrOyIdN ly
'a par re
I properly talkq and to bbliln a persopal ru'; 3,i
aprndl 1110 dellrGent lalkpay/r. $I1Nr 401911, Eleb a WIIHemi
AtlprMyl m Llw
/ PAY NOW r OA PAY MORE LATER ItHeard, 00991m, Bleir 6 wdnams 1994
900 MCAE INFORMATION you may obtain A free p&IClllon el'lea
Tolliver Alelll, mimwlu a Regmilkit!el tram your IDCII Ulk office Me panpi Contrel infolmaPan aboul Clow', ':yes ' ~?u
Cr wean Goggan /13u a Wnlilml. haul a Copy M $papllh, p1fa31 tall lM phpne nump!r !-r. ;:ed
Iledwrt0 elrefor19001202.0144 11,1111 as!oUntl'1a,a'do': r: e
f"r "l 'e' en ,;pnI1 M1 M'IPi cI All yeN I Pill lobs ean4eMH of / {u; {IAYh'D' f{a ar InCIIIIpal IN HW 0111tH Of Heard Oaggm $ia r S /f
"l
euI/hen{1111mlY narI a'IkrrH'/1'744•an0'Mr'o
•"l.'1 :Hal rdN p/Dl ty 141 lore Ire ii 1' fle/IX'd
I
I
/
1
Mfir e Goop In 1 f S AV Iill lm1 11 wall NJ 41 NM Ilan In al IitJ /I1~
Texas u lnl pro Dlrll yI pCllrnm fnl In Into upwer
r i
t+xil ►nl rnlormarian inn Inq pamdhlll q mlenad to 17 nelD answer
tr \`-~I/J{
questions mast Irlpclnlly al by Illplylrl lJ l puesllanJ
should of fins to your ttlorney QUESTIONS MOST OFTEN ASKED BY TAXPAYERS
PROPERTY TAXES ill rl 1 never naaiveo 1 to$ 311141111111117
13, '.na a^I'J 310 Inln "a I
Who can [ivy property tlxea? ;)rr?Et Id,r a h,g aac'!Ji '
•Counhee
'CiDes Whit II 1 alreldy paid my tens)
'5c°011 Csl'icls
•~7'2 n 5....,,5 '!3.i jr;~r ~i!!ni,r 730r!a JI :I :J"r?v7 :'P.• .
•HDS: 'Li : i" :'S ,.~,JI d'1 S?, ]^7f^. . t. I .
'P)11 S F 800 OiSV,C1S no
'Gbl If Dill CIS Whit II flCliyl 1 dlhA
'Carer Sp!c al S+Str CIS Dosed to be Dail by Salle J rY title tnJt ire Sup.
r my mopa li r
)ly vow de!mouen.lal and cl,lace rou'
Why are you lazed? dr r? mbursenerl
r
lour laa dddare bFOvidE lundl for Whit d I rxerve a tea bill lot properly mal l have 'ill for ates
'AutiIIC Heaitn Care InUO aI19 I sold the properly?
'Educa4an nJ )IJ Ine Appraisal O S e IC re lol II
'Streets 8 Oram lg! Y Cra•" !
h •llce Fire Protection
:Co CSysttms am I eualdlel for a err eximplion?
l
Programs lot me Handicap taumavbe buaflheofor atax exeaoa)^ar,
•Programs lot Ine Senior Citizens t
'Lit rat as 'YOU are a homeofi lr
and many other services 'You are 65 and over
'You are disabled
What is wabio? 'You are a disabled veteran
'land 'Homestead Mall oe I apply fly a ere 111mollonl
•Bwldlogs `801111 equipment 6 Fdl out an application l om your Appraisal
C,slr;l 3.;
A rp4nes Supplies It Mill January 131 amid April )0th of Iry
"dmerals 'vessels
'Moti'le Hornet 'Automobiles Whit 111411111 111 h III have flied tanlruii Ind Ihll ;40 :moue,)
When are a:u due? inert
Sena A copy of the Barlrupfcy PedLon Ia -a
Teel must to paid on or belie octohw 1 NduembK 1 or and Heard Gol Blair S Wdblmy
Oeclmbw I during the of it they aria assessed,
'tUlxare dlhnqulnl1101 February Ill ,lil lay and illRllt VMa IMWOW it ill &I IIit At Say to"Allal)
charges aft Inen added to your lax bill and 1 lag hen t
a«a:hed to your properly 1104113011. you Must provide the &I tax office or Heart ? s!
Wdtilmt stoo}otypueoffice of H o r 3'
a, a
If (isle Are All pled by JNnI MAIL. yee Ire thM aAKa11 In IOeltidMl for a paynNlll onangeminl plan to Mabee you Id
tell peMlly IK the tllletlllrl M yew 4wimum HILL quest tax penalty Ind Interest
hl ,rp, wl!.an Coll i1•! open! a10IE/ emir aenldlrlell l/Wathlugr r lilttxlNtx
1)r:1 IaY'Iaa'0u111~ a'1)p Jopil,!61 an:anq,^Jrlr.1 1'orIM A^r
IneHYma/ Marl vapid me reMrle to Vof ll'arnlr'a aQr¢tJ^y ii lsH'/nlrlu'lrnirehoea:l-
4!.'1 !Ir!td p10oil too aenll Ill lynl Mo!Kfll 1^/u4 VOW 1,100tilr'it +ynil 1'/'u"r
i N
j
APPENDIX C
MEDIA COVERAGE
E
i
l
DENTON RECORD-CHRONICLE
JULY, 1992
R-Pages 11 4 sections Vol. 88, No. 352
Taxmayi says
payment d
e
u
i
Law firm after $1.8 million
in late tuxes for city, schools
By Laura Lambeth medlately."
Sf"d1° The school district routinely
The time has come to pay the collbudgetectiosn for about 95 percent total
taxmen. .
I'bis "strong suggestion" Is on its DIED tax Office manager Kathy
wa~y to residents with overdue tax ArrT 'n seld lest month that she
bills from Heard Qo an Blair do ulfaint dead away it we ever
Williams, the law ana that collects cbThe l w our tax mou" am, taxes for the city of Denton the lawsuitsfor delhnqu asyy.t taxes lIn
County Education District ani the Denton County each year just began
Denton Independent School District. collecting ta:ee for the aool district
More than $1.8 million remains in January.
uncolla&Ad fom 3,833 tasysyere. lbe The lawsuits seek to foreclose and
pity of Denton if $III r.Wbiting Bell pproperty for delinquent tuxes,
0800,000 in taxes and the Count penaltiesandintersetdue,
Vducation District and DIED is sA The firm boasts a "vary suoms"n
ebNrtthsother=1. n. selsure program to collect I""bom
Aggnssin eoliecti lectl00 efforts are buatnesses, which an rasporvibls &r '
betas taken to ensure Ali citisens pay all costs incurred to initiate, the ,t
their fait share," reads the notice beirure - including shsrit5'e *0 and a
from the firm, which keeps 13 percent moving and storage coats. A 4~f i„
oftbe money collected as its fee.
gwAl governments depend on the The frm's Denton oalce is at 328.0
firm's conunitmont to collect delin• E. McKinney St,
guent Lists to pay for public services. For more information, call arm
"We encourage everyone Who oQlce manager Deborah Pattoo, at
receive' a letter to respond lm- 383-4460 or 140441-0960,
r
1
'r)Qnr011 R!aird C'IrronlrlNWCdnctd+ty, Srplrntlrct 2p, i
Suite seek
payment
Of taxes
s~ r*almei Ndaee
ShIR Wrrtrr
I,eWeUIll were filed agolrat 11 &nior ciWetaa, aced PP and older,
Iocal bualneea owner on s* 11 for tnaY Droleei 1Jlelr ased 03 an a
H/,hN In deJlnrqptasr~~ c!ty baatnese b rNi+rl
wwwl,~rc ybits. soils Y fill" defer"I atfftylts. 'this
7h* ty doesn't No llwwltr., the erfederll troy oNY be oblslned at (ho
all do DOMOR C"lralI A
t hat t)Ist
so dell" taxpeyKa 7911 MorNdt, rkl,
should conba
'I the alwooYP," pW vie
ttchnsidsr
, tyentat's city tai collector, Joe F~er~lqthe, IM d6+trlel's dlnctaK
Tea WIN way aM OW last October, sdmtraNtrslion, explahasd that the
M nplatoW. addbns Met lots notlceai Ilsb(Alltss art ad lorstven bW lash
were "M WA In E'oomry MW May, wa W bsleub to ec'erw and
BY state low, the dsit4uenl aceeur► to a lawsuit If the
wen tnraed over to attorneys on JutY punt yIs to k a o da ' ' TM
1 M wlal treiriiq "Icted anddoetat~ Utetr a
" IAwwap9 an filed act a IM resort, Ma.d,
but are a mart It
Lhwr tasso,,, utd yMPr , 'rY Ta~paeras Mho have ,
"ll"Ist Mena,fer of !heed, devse, otN n tA! taK fly" ul~7p may
slaty li ItrlOwne Ilan law 11rrn n•
U"M U111 WORM. 'lime la>,payere '
fabeloanamtoKift"W,
AccorNart~~ Is We nM, thla week U
IT levzo wo be nw a Ins
b collect 1toa,Tn la ttaak tt xMrQ
prealrut rotate an No - TbW laeufla are
MherlbW.Wa f~ to
'0"19 fift of a tU1 Putt C Mtr a
"Uri cost 4bfla ?M Ibat to at$"
Colo ft Prlntuue Petd, ! OT IIla M MIs
clue, Pa POW OWWO" to"
row Is (W1%ftW1tWtq to 84 a 110mil
km b*N
IABIDenton Record ChronlclefSundny. September 44. 1989
MMMWMMOBO~
City sues 36
delinquent
taxpayers
'!1K e1t~ d Ihnloe~ ux.1.
teres~s Irw fUed nat.~~
"'M - - owom to eou"t
~.IM~e ge,aoe m deUrqz
w. pel I AM' e/erd f w *0
to a W" &me*& Hurt
aafr #A No, dw
in mom of thOlf proporI
"1h tM.ot!. ~f
Iletiil uw bnobewe~, bN
11I M w do Mkol dam for
1rWr M ~ Ikeet. ~Id le ~x~
rdnw. "R~oueel •lav
bubwn a but tbo"M
IM Warodar.WeNd
wd s dm tawgo tMI NK
Nmrarlas
asuioDIMeek f
tAw"M #A
ill well Nn M IpOWN nOm~
n1 s#rat+R oven ww
rwdtN 6* wtko Is Ag4ok
dsd~lloltMlM b1WIMMUI,
a" brw wd NIN"R
More, " MW "to ow"t
ft wadldrtiv
1'1rd~rd~bttsn>titi
bon wet M w aspoten +rbu
~ dew of rw,t'a b
irrr~nl IesM.
.ratty a W4 ror*
M n~f1 eIM eeoa tied lhn~
opuli4tfndkg a h"Wk be
hopy.M wM Mlw e q4W
onowde raer__mot
M64M .
Ul wwn Rxwd.Chr% kTrW&y, July M. INN
Local/State
AY111~1 W 6yYW1.
Campaign warns delinquent aYers of si~its
!w it Two tr liM sin Sr is Lslluy Slsi iil at $4YiYi e a e:i W66 W Aih~rd at aal* ' is
"a"" lw40
h4~i~s ob wr ddli~liY Yq1 tlq art V bWu ~rM~ iY err Y ILListlCyiY ilY Yui. Olsen J* taM W Ms iil IiNd NJ
I~sils Yr M elq 1 Dwlr Yw ar V awd w W celled Yeei d Ola! Nr Iy
1/ii W Y or dYNe, tfti ~ lYliy wdY + ~My W OiNd rM WOWS Nwf m ow
InW~ enYnyelFliwneYpyeerr ~4 YariY
~1 Yqr rM WA M dN M r1 W y aers 1Mar" OYK s~s1 Y IIi elty awlrl Y ~anl d leW JIM YeOeser,W Yna
i i+Yr■ 1! Me rll r p ri i Ywr Jr. d w be am d Yrr4 pa Miri1 ~+r iR~Mri dlm-"r of 11.i.c, ,W. 1fi +tlr vyi' Iw eeeo ar d di
MOIK>rlsOr/~~MwA~ O~~ IrksillAl~inisiK Dins, DPWAN6, K No"
W Y ~irasi Y lib Yglrit Ygeyen pe}
I
I
i
UXAS
pit ESSCk.Il'I'IPIG 11UxfAU
DALLAS
I ,uAh,hrJ 1V11*
Denton, Texas
Record chronicle
(Cl k- 0 it, 395)
re 4 o'-
Coun to lire collector
' happenu►g touch of the dficex," lhwilght the person would more than pay
Delinquent fees, James VE'c~ coin y .udilor, mid fits for lhemelf with the lee: end tales col.
oftw.v W00% kra r exactly hnw much In lactic.
a fw or (UM h acweuy owed unW out „
fiw LncreasLye~
it wiU genera1y not have an affect on
Week.
7be person that w0f be added will be the k4ei. Decaute we do feel firmly that
ilia e responsible troalais fea r am fin re ~ 8urgaeu~ h oe ~o~ cuts to have WM here,more Brevenw
urgess
did ant know yet bcw tousciion would SAW.
to an dfort to Collect an Incrmsing work, biat It was posalble that an ouWde While encl. figures for the overall court
number of dehinep" lulu and fees exdioctleo agaay guy have to be hied m sy"a are ant available. ON part of the
ameeleted with county government, a oonbachal basis Wells mid that 1100 system, the fees associated with
Coady Comnairioners have decided to aootbr e was to have al do BMW bulth commitments. portrays Use
add a pesos to Na taouiity Auditors Of. approved by N0eotrt wbereby a pe»oo Wad of eYyanq that can accumulate
lea to trtelt and collect fir and f um. could be ordered te sitter pay or be boas delingwd fur.
Data CPA* Judge Vic B rpse sald Itwatesedwith aabalatayisJall. pare Calemao, mints) Owes cone
W praWem laed bees buddlog for about a "We're looking all other earMNa and da mi. aafd Fliday that the county li
year, ails the cumber Of dalingtant fine what Isay're doing to cake eoiloctW" IlMwt~Ideakrsedfor only ,bout 10
;
ismi sr paywM L umbing to a poiol bailer,,' burew said. "We'll start to poroly 41 what It spendo on minmilling
Wklab ooao Aft bad k Fe's OWWDt the mm" *UW al the ps%* fr hwUmnl for menu] Wness. oes. be 1W e olu>ty clerk is raepoeaibk for ms fleoa ooaechiall
tar ballet Way; to do By law, Oalsom aid, the county haf the
ee tlgeUeg a lot of the loge," Burgess mid, The saw atatlperaon wW ant be hind r gr to bill aq the pion rM
reason
"but we rea~ll seed a c of the Pe+mk tSkaa Ly. Part ol the reason
Y heerloghalue to udsl aaandima ter Gc41, begiasfiig E tae, role d fryments, Colertuo said,
bsop back W all of ON" feeo In the of the e~asety's tiwl year. Wells mid.
Dal many to (am" have
v courts. We have to law a good ABbouO u addihoal Perim will cost ed an U rdr resources by the tune the
eyat" he beeping trick of what's Ibe Oki* Mft meow, BWOU 14114 he eouaty bee mas lavotved.
f
Ir
i
i
I
APPENDIX D
STATISTICAL REPORTS
r
I
1
CITY OF OENION DELINQUENT TAX SUMMARY PAGE I
DENSJ2 04/05/93 ALL YEARS P61 AS OF 04/99
ALL PROPERTY TYPES UNDER SUIT
RANGE ACCOUNTS YEARS TAX TAX S PE ACCOUNTS YEARS IAA TAX 6 PI
0-200 1,868 2,814 147,829.03 289,314,17 119 246 13.67375 24,040.57
/ 200.1000 565 2,180 243.123.82 451,761,54 184 858 92,623.93 170,515_47
> 1000 148 688 589,274.44 1,048,094.85 87 502 226,905.09 424,617.71
III TOTAL 2,581 5.682 980.821.29 1,189,170.56 390 1.606 333.202.67 619,173.75
OENSJ2 04/05/93 1991 ROLL P61 AS OP 04/9J
ALL PROPERTY TYPES UNOER SUIT
RANGE ACCOUNTS YEARS TAX TAX 8 PI ACCOUNTS YEARS IAA fA•. M it
0-200 588 58B 44,766.36 65,381.38 124 124 11,439.47 16,797.44
200-1000 169 169 681532.92 100,092,46 60 60 25,263,90 36,898,00
> 1000 31 31 89,573.13 130.821.59 10 10 20,131.97 29.402.74
TOTAL 788 798 202,872441 296,295.43 194 194 56,835.34 63,008.18 ,
LENSJ2 04/05/93 1991 ONLY PSI AS OF 04/93
ALL PROPERTY TYPES UNDER SUIT
RANGE ACCOUNTS YEARS TAX TAX 6 PI ACCOUNTS YEARS TAX TAX 6 PI
0.200 279 279 22,057.19 32.214.52 20 20 2.193 20 4,079.46
200.1000 79 79 31,831 20 46,489.51 13 13 5,357,06 7,824.01
> 1000 18 18 48,171.45 70,363.20 1 1 1,027.65 1.500.89
TOTAL 4•• 316 316 102,065.84 149,067.23 34 34 9,117.91 13,404.36
I
I
I
CITY OF DEN TON UELINOUENI TAX SUMMARY G'A GT 5 i
DENSJ2 04/05/93 ALL YEARS PSI AS OF 04/93
REAL PROPERTY UNDER SUIT 1
RANGE ACCOUNTS YEARS 74K TAX 6 PI ACCOUNTS YEARS TAX TAX 6 PI 1
0-200 226 436 20,320,52 32,569,15 33 81 4,015.82 6,642.46 1
200-1000 246 1,367 $17,659.16 194,237.14 75 575 40,331.41 77,489.02
> 1000 78 480 208,328.21 360,335.80 45 374 119,869.40 2tG.218.45
/ TOTAL 550 7,283 341,307.89 587,147.09 153 1,030 164,222,G3 2'3'.,.149,9]
i
OENSJ2 04/05/93 1931 ROLL PSI AS Of 04/93
REAL PROPERTY UNOFR SUIT
RANGE ACCOUNTS YEARS TAX TAM 6 PI ACCOUNTS YEARS TAX IAA S PI j
0 200 316 316 26,209.21 38,278.71 B2 82 7,417.73 10,833,70
200-1000 132 132 51,988.60 75,929.46 41 41 17,184.88 25,098.58
s 1000 20 20 53.776.16 78,540.14 7 7 $3,716.$9 20,032,49
TOTAL 4E8 468 131,973.99 192,148.31 130 130 J8,318, 80 55,964.77
DENSJ2 04/05193 1991 ONLY PSI AS OF 04/93
REAL PROPERTY UNDER SUIT
RANGE ACCOUNTS YEARS TAX TAX 6 P1 ACCOUNTS YEARS TAX TAM 5 PI
0-200 116 116 10,882.91 15,894.52 10 10 1.437.54 2,099.53
200.1000 56 56 22,287.71 32,551,22 4 4 2,027.70 2.961.47
> 1000 II 11 32,093.89 46,873.15 0 0 00 .00
10fAL 195 IBS 65,764 51 95,318.89 14 14 3.465 24 5,C61100
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CITY OF DENT ON DELINQUENT I A X SUAMAIlI PAGE 3
OENSJ2 04/05/93 ALL YEARS PSI AS OF 04/93
BUSINESS PERS.
UNDER SUIT/ RANGE ACCOUNTS YEARS TAX TAX 8 PI ACCOUNTS YF ARS TAX TAX 8 PI
0.200 578 902 31,539.11 74,494.20 59 115 6,104.20 11,511,22
200.1000 219 496 100,420.56 196,221,37 97 246 48,378.72 91,441.01
1 > 1000 65 193 370,678.98 666,231.89 42 128 107,035.69 208.399.26
TOTAL 440 862 1,591 508,638.65 936,947.46 198 489 161,518.x1 311, 351.55
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? DENSJ2 04/05/93 1991 POLL PSI AS OF 04!97
BUSINESS PERS. UNDER StriI
I RANGE ACCOUNTS YEARS TAX TAX S PI ACCOUN15 YEARS TAX TAX 6 PI
0.200 137 137 7,888,73 11,521,51 24 24 2,450 20 3,578452
200-1000 36 36 16,276.44 23,771.76 t8 18 7,811.14 11,408.18
> 1000 11 II 35,796.95 52,281.45 3 3 6,415.78 91370.25
TOTAL 184 184 59,962.12 81,574.72 45 45 16,677.12 24,356.95
DENSJ2 04/05/93 1991 ONLY PSI AS OF 04/93
BUSINESS PERS. UNDER SUIT
RANGE ACCOUNTS YEARS TAX TAX 6 PI ACCOUNTS YEARS TAX TAX 6 PI
0.200 91 91 5,225,49 7,631.84 B 8 1,117.43 1,632.00
200-1000 20 20 9,275.61 13,547.05 e 6 3,06t.48 4,471,30
> 1000 7 7 16,083.56 23,490.05 I 1 1,027.65 11500.89
TOTAL 118 119 30,584.66 44,666.94 17 11 5,206.56 7,604.13
CITY OF DENTLN DEL INOUENT TAX SUMMARY PAGE 2
A,L YEARS PSI AS OF 04/93
DENS42 04/05/91
M UNDER SUIT
TAX FAX 8 PI ACCOUNTS YEARS TAM TAM 6 PI
RANGE ACCOUNTS YEAPS
3,553 73 5,886.89
0-200 1,063 1,175 89,849.32 192,075.44 27 50
200-1000 100 817 30.644.10 61,303.03 12 37 3,907,70 6,585.38
IS 10,261.25 21,527.16 0 0 00 .00
> 1000 5
7,461.43 12,472.27
TOTAL 400 1,168 1,807 130,760.67 264,905.61 79 B1
1991 ROLI FBI AS OF 04/93
OENSJ: 04/05/93
M UNDER SUIT
RANGE ACCOUNTS YEARS TAX IAK 6 PI ACCOUNTS YEARS TAI TAM 6 PI
134 134 10,548.34 15,405.78 18 18 1,571 i4 2,275.22
0-700
1 1 267'8 391.24
2001000 1 1 767 BB 491 74
o 00 0 :7 iO 00
. 1000 O 0
10,816.27 15,797.02 19 1S 1,839.2 2,686.46
TOTAL 175 175
$991 ONLY P61 AS OF 04/93
OENSJ? 04/05/97
UNDER SUIT
M
RANGE ACCOUNTS YEARS TAX TAX 8 PI ACCOUNTS YEARS tAM TAX 8 PI
239.21, 347.93
0-200 TI TI 5,828.71 8.512.78 2 2
1 767.88 391.24 1 1 261.8E 391.24
200.1000
0 00 00 0 0 OC .00
> 1000 0
3 506 11 739.17
iOTAt 72 72 6,046.59 8,90/,02 3
y 1
t'
04/05/93
CITY OF OENTON
ALL ACCOUNTS
APRIL 1993
1991
1930
BASF TAX BASE ♦ Pbl BASE TAX BASE ♦ P81 989 1988 8 PRIOR
BASE tAx eASf t Pbl
, BASE IAM BASE • V6I
%%XX 200 41,463.64 60,557.76 103,946.77 166,162.21 110,677.68 192,191,74 138,561.53 219,373.28
XXXO 54 9,053.41 13,227.55 10,554.40 16,871.21 10,892.75 18,915.35
XxOx 10 518.71 757.61 496.00 792.84 0.00 0,00
%X00 131 46,567.48 68,041.01 34,(08.30 51,362.74 0.00 0.00 771.20 1,571 96
AUX 0
XO%0 1,117.86 1.637.64 .00 0.00 0.00 0.00
0.00 0,00 1,059.32 1,839.51 3,778.99 7,969.44
1,876.72 2,740.95 0.00 0.00 2,O1B. 85 3,505.74
AMA 3 188.75 275.68 0,00 O, W 0.00
X000 376 102,055.84 149,067.23 0.00 0.00 0, W 364,81 729.79
0 00 0.00 0. 00 0. W 0.00 0. 00
' SUB-91 las 202,872.41 296,295,43 149,007,47 238,188,50 124,648.60 216,452.34 147,426,53 289,647.47
Ox%x 28 0,00 0.00 5,211.78 8,331.04 4,916.06 8,536.18 12,175.57 25,998.8)
OAAO 48 0.00 0.00 8,214.07 13,226.09 8,975,27 15,585.55
OxOx 5 0,00 0.00 308,68 493.42 0,DO 0. W 6.00
0x00 83 0,00 0.00 540.71 1,126.76
0.00 16,403.41 26,220.80 0 00 n,00 0.00 O 00
SUB-90 164 0.00 0,00 30,197.94 48,271.35 13,891.33 24,122.33 12,716,28
27,125.10
OOAA 132 0.00 0.00 0.00 0.00 14,204.77 24.666.67 29,651.82 60,318.47
00X0 121 0.00 0.00 0.00 0.00 19,046.60 33.074.79
0.00 0.00
SUB-89 253 0,00 0.00 0.00 0.00 33,251,57 57,741.46 29,651.62 60,318.47
COOK 1376 0.00 0.00 0,00 0.00 0.00 0.03 241,163.34
531.008.1t
TOTAL 2561 207,672.41 296,295.43 179,205.41 286,459.85 111,791.50 298,316.13 426,957.97 908,099.15
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lot
04/05/93
CITY OF OENTON
REAL PROPERTY
APRIL 1993
I~ 1991 1990 1989 1988 B PRIOR
BASE TAX BASE ♦ PSI BASE TAX BASE ♦ PSI BASE TAX BASE A PSI BASE TAR BASE ♦ PSI
XAAX 161 30,338.18 44,209.03 29,985.98 47,932,70 30,324.20 52,657.93 73,176.39 154,085,18
I XXXO 40 7,932.14 11,584.95 9,482.24 15,157.37 10,05$.54 11,46t.51 0.00 0.00
XXOX 8 457.41 668.08 437.38 699.14 0,00 0,00 535.54 1,060.58
XX00 62 25,087.38 36,640413 17,617.92 28,162,23 0,00 0,00 0.00 0.00
XOXA 4 967.57 1,413.14 0.00 0.00 689.97 1,545.44 3,033.35 6.471.38
XOAO 6 1,840.81 2,688.50 0,00 0.00 1,949.60 31385.48 0,00 0,00
XOOX 2 85.99 125.59 0.00 0 00 0.00 0.00 78.48 147.10
A000 1115 65,264.51 95,318.89 0.00 0. W 0.00 0.00 0.00 O 00
SUB-91 468 131,973.99 192,748,31 51,523.52 9t,951.44 43,219.31 75,050.36 76,823 76 161,764,24
OXAX 11 0.00 0 a) 859.31 1,373.60 1115 04 1,415.35 1,420.50 2,793 66
OAAO 5 0.00 0.00 1,056.45 1,688.74 632.32 1,098,03 lCA) 0,00
OAOX 0 0.00 0.00 0.00 0.00 0 .C0 0.00 0.00 0.00
0X00 17 0.00 0,00 6,525.82 10.43t 52 0.00 0.00 0.00 0.00
SUEI-90 33 0.00 0.00 8,44}.58 13,493.86 1,447,36 1,513.38 1,420,50 2,793.66
WAX 9 0.00 0.00 0.00 0.00 2,111.69 3,171.14 5,418.20 (2,490.55
OOXO 4 0.00 0.00 0.00 0.00 747.56 1.298.13 0.M 0,00
SUB•19 43 0.00 0.00 0.00 0.00 2,919.25 5,069.27 S,4i8.:0 12,490.56
OOOX 36 0.00 0.00 0.00 0.00 0,00 0.00 12,120.42 29,267.02
TOTAL 650 131,913.99 192,748.31 65,965.10 105,445.30 47,585.92 82,633.01 95,182.88 206,345.47
04/05/97
CITY OF DENTON
PERSONAL PROPERTY
4`!E APRIL 1993
` 1991 1990 1989 1988 8 PRIOR
11 f
BASE TAX BASE ♦ PSI BASE TAX BASE • PSI BASE TAX 815E • PSI BASE TAR BASE • PSI
XAAX 23 10,179.76 14,867.52 73,066.49 116,783.99 79,499.89 138,051.53 63,278.38 121,088,97
AAAO 4 301.25 439.97 288.06 4FO.46 124.12 215.54 0,00 0.00
XAOA 2 61.30 E9.53 58.62 93.70 0.00 0"00 235.66 514.38
AXOO 33 18,634.08 27,215.08 14,011.05 22,396.66 O,CO 0.00 0.00 0,00
XOXX 2 62.40 91.14 0"00 0.00 129.69 225.20 124.34 233,08
XOAO 1 35.91 52.45 0"00 0,00 69.25 120.26 0.00 0.00
AOOX 1 102.76 150,09 0.00 0.00 U-00 O, 4>0 286.33 582.69
X000 118 30,584.66 44,668,94 0. Do O.O0, 0.00 0.00 0"W 0.00
SUB-91 194 59,962.12 87,574,72 81,4t6.22 1.19,734"81 79,822.95 138,612,53 63,924,71 122,419.12
OAAA 13 0.00 0.00 4,129,54 6,601.09 3,890.58 6,756.00 10,126.86 21,867,96
OXAO 22 0.00 0.00 5,428.12 8.676.86 6,653,87 11,554.44 0.00 0,00
OAOA 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
OA00 37 0.00 0.00 7,703.88 12,324.20 U.00 0.00 0.00 0.00
SUB-90 12 0.00 0.00 17,267.54 27,602.15 10,544.45 18,310.44 10,126.86 21,867.96
OOAA 64 0.00 0.00 0.00 0.00 7,747.12 13,452.92 t6,685.63 32,852.92
OOXO 47 0.00 0.00 0.00 C.00 10,492.76 19,098.90 0.00 0.00
SUB-69 111 0.00 0.00 0.00 0.00 19,739.88 32,541.82 16,685.63 32,652.92
OOOA 495 0.00 0.00 0.00 0.00 0.00 0.00 144,148.29 315,430.99
TOTAL 862 59,962.12 67,574.72 104,683.76 167,336.96 109,107.29 189,464.79 234,885.49 492,570.99
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04/05/93
CITY OF DENTON
ALL ACCOUNTS
APRIL ,1993
COUNT BASE TAX BASE + P31
xxxz 200 394.651.62 698.284.99
xxxo
54 30,500.56 49,009.11
xxox 10 1,785.91
3,125.41
xxoa 131 80.595.78 122,403.25
XOxx 7 5,906.17 11,441.59
xOxO 7 3,895.57 6,246.69
xn0x 3 553-56
. 7
X000 5
376 102,065.84 149,061.23
SU8-91 788 619,955.01 1,040,583.74
OXXX 28 22.303.41 42,866.66
MCI 48 17,249.34 28,811.64
OXOX 5 849.39 1,619.68
0x00 83 16,403.41 26,220.80
SUB-9o 164 56,805.55 99,518.78
OOXX 132 43,856.59 84,985.14
00X0 121 19,046.80 33,074.79
SUB-89 253 62,903.39 118,059.93
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OOOX 1,375 241.163.34 531,008.11
TOTAL 2,581 980,827.29 1,789,170.56
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04/05/93
CITY OF OENTON
REAL PROPERTY
ARIL 1993
COUNT BASE TAX BASE + PEI
xxxx 161 163,824.75 298,984.84
xxxo 40 27,469.92 44,203.83
Xxox 8 1,430.33 2,427.80
xx00 62 42,705-30 64,802.36
XOxx 4 4.890.89 9,429.96
xoxa 6 3.790.41 6,u13.98
XOOX 2 164.47 272.69
x000 185 65.264.51 95-318-89
SUB-91 468 309.540.58 521,514.35
OXKX 11 3,094.85 5,582.61
Oxxo 5 1,688.77 2,786.77
OXOX 0 0.00 0.00
0x00 17 6,525.82 10,431.52
SUB-90 33 11,309.44 18,800.90
OOXx 9 7.589.89 16,261.69
OOxo 4 747.56 1,298.13
SUB-89 13 8,337.45 17,559 82
o0ox 36 12,120.42 29.267.02
TOTAL 550 341,307.89 587,142.09
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04/05/93
CITY OF DENTON
PERSONAL PROPERTY
APRIL 1993
COUNT BASE TAX BASE + PEI
r
xxxx 23 226,OT6.52 390,792.01
xxox 2 113.43 1.115.97
xx00 355.58 697.61
xxxx 32 32.645.13 49,611.74
xoxD I 316.43 549.42
M XOOX 105.16 172.71
1
x000 111 389.09 732.78
30,584.66 44,668.94
SUB-91 184 291,126.00 488,341.18
Oxxx 13 Oxxo 22 12,08 61.99 20,235.30
OXOX 0 0.00 0.00
Oxoo 37 7,709.88 12,324.20
SUB-90 72 31,938.85 67.780.55
OOXx 64 24,432.75 46,305.84
OOxo 47 10,992.76 191088.90
SUB-89 111
35,425.51 65,394.74
OOOX 495 144,148.29 315,430.99
TOTAL 862 508,638.65 936,947.46
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APPENDIX E
PROPOSED CONTRACT
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► y
CONTRACT FOR TIM COLLECTION OF DELINQUENT TAXES
THE STATE OF TEXAS
COUNTY OF DENTON
I
THIS CONTRACT is made and entered into by and between CITY OF DENTON,
acting herein by and through its governing body, hereinafter called t? e City, and HEARD,
` GOGGAN, BLAIR & WILLIAMS, Attorneys at Law, hereinafter called the Firm.
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The City agrees to employ and does hereby employ the Firm to enforce by suit or
I
otherwise the collection of all delinquent taxes, penalty and interest, on behalf of the CITY OF
DENTON, within the CITY OF DENTON, owing to the CITY OF DENTON, provided
current year taxes falling delinquent within the period of this contract shall become subject to
its terms on the first day of July of the year in which the same shall become delinquent except
that suits and bankruptcy resolved before the first day of July must include current year
delinquent taxes, which are also subject to the terms of this contract,
The City may at its sole discretion turn over to the Firm selected accounts for collection
prior to July 1. The City agrees to pay the Firm as compensation for collection activities on
these accounts, including tax warrant seizures pursuant to which this compensation is a cost of
seizure, an amount equal to fifteen percent (15%) of the base tax, penalties, and interest due on
the account. In no event will the Firm be entitled to receive as compensation from the City on
these accounts more than fifteen (15%) of the total taxes, penalties and interest actually
collected. If the Firm files suit to collect these accounts, it shall seek attorneys fees pursuant
to See. 33.48 of the Texas Tax Code, If the Court awards attorneys roes, the fees awarded shall
be applied toward the compensation due the Firm under this paragraph.
{
lr,
The Firm is to call to the attention of the collector or other officials any errors, double
assessments, or other discrepancies coming under their observation during the progress of the
work, and is to intervene on behalf of the City in all suits for taxes hereafter tiled by any taxing
unit on property located within its geographical limits.
~ 11
The City agrees to furnish delinquent tax statements to the Firm on all property within
li ~I
the taxing jurisdiction. The Firm will furnish forms for said statements on request and will
assume responsibility for having penalty and interest computed on statements before such
statements are mailed to property owners.
IV.
The Firm agrees to file suit on and reduce to judgment and We any property located
within the CITY OF DENTON against which a tax lien would prevail provided, the City will
furnish the necessary data and information as to the name, identity, and location of the nece.sary
parties, and legal description of the property to be sold, The Firm agrees to sue for recovery
of the costs as court costs as provided by Tex. Prop. Tax Code Sec. 33.48 (Vernon 1979).
V.
The Firm agrees to make written progress rcports to the City at least once a month, and
to advise the City of all cases where investigation reveals taxpayers to be financially unable to
pay their delinquent taxes. Such progress reports shall notify the City of the disposition of all
lawsuits the City filed, If a lawsuit has been dismissed, the report shall reflect the reason for
dismissal.
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V1.
The City agrees to pay to the Firm as compensation for services required hereunder
fifteen (15) percent of the amount collected of all delinquent taxes, penalty and interest of the
years covered by this contract, actually collected and paid to the collector of takes during the
term of this contract as and when collected. All compensation above provided for shall become
the property of the Firm at the time payment of taxes, penalty and interest is made to the
collector. The collector shall pay over said funds monthly by check.
VII.
The Firm shall undertake th, collection of delinquent accounts for paving assessment
liens, substandard housing demoliti( t liens and weed liens, The collection of these accounts
shall be undertaken on the basis of atrurr,:;'s fees assessed to and collected from the debtors.
The City agrees to pay to the Firm as compensation all amounts received as attorney's fees on
delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed
liens.
Vlll.
This contract is drawn for a period of two (2) years beginning lvly 1, 1993 and ending
June 30, 1995. This contract shall be automatically extended for additional one (1) year
increments beginning July 1, 1995, unless the City notifies the Firm in writing thirty (30J days'
prior to the end of the contract that the contract will not be automatically extended. The City
has the right to terminate this contract for cause, giving thirty (30) days' written notice of such
intention, with a statement of cause or reasons for such termination, after giving the Firm a
reasonable opportunity of explaining or rectifying the same. In case of such termination, the
Firm shall be entitled to receive and retain all compensation due up to the date of said
termination. On termination of this contract, the Firm shall have an additional six months after
{
I
termination to reduce to judgment all suits filed prior to the date of termination. it is further
provided that the Firm may handle to conclusion, at the option of the Firm, all suits in which
trial court judgments are obtained during the period of this contract and which are appealed by
any party. In consideration of the terms and compensaiton herein stated, the Firm hereby
accepts said employment and undertakes the performance of this contract as above written.
1`C.
The Firm agrees to collect, bet\;.een July 1, 1993 and June 30, 1994, not less than sixty
j { percent (60%) of the total dollar value of the bcse tax of the 1992
~ delinquency existing on July
1, 1993. The Firm agrees to collect, between Jcly 1, 1994 and June 30, 1995, not less than
sixty percent (60%) of the total dollar value of the base tax of the 1993 delinquency existing on
July 1, 1994. If the Firm does not collect the above referenced amounts, it shall provide the
City with legal services, programming services or comp,iter services with a value not less than
Four Thousand Dollars ($4,000,00).
X.
This contract is executed on behalf of the City by the presiding officer of its gvverning
body who is authori2ed to execute this instrument by ordinance heretofore passed and duly
recorded in its minutes.
WITNESS the signatures of all parties hereto in triplicate originals this, the
day
' of AD 19____, DENTON COUNTY, TEXAS,
CITY OF DENTON HEARD, GOGGAN, BLAIR & j~jUjk%
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By: _ By:
STEVE BLA1R
ATTEST:
By;
APPROVED AS TO LEGAL FORM:
By: