HomeMy WebLinkAbout01-23-1996 S
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CITY COUNCIL AGENDA PACKET
January 23, 1996
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AGENDA APMN
CITY OF DENTON CITY COUNCIL ~
January 23, 1996
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Closed Meeting of the City of Denton City Council on Tuesday,
January 23, 1996 at 5:15 p.m. in the Civil Defense Room of City
hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
1. Closed Meeting:
V A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider and discuss defense of and the settlement
of RPS Ventures. Inc., et al v City of Denton and
Webber and Barnes v. City of Denton pending in the
362nd District Court under Suction 551.071 of the
Open Meetings Act.
B. Real Estate Under TEX. COVIT CODE Sec. 5j1.072
C. Personnel/Board Appoinkments Under TEX. GOVT CODE
Sec. 551.074
Work Session of the Denton City Council on Tuesday, January 23,
1996 at 5:30 p.m. In the City Council Chambers of City Hall, 215 E.
McKinney, Denton, Texas, at which the following items will be
considered:
5:30 p.m.
1. Receive a report, hold a discussion, and provide direction
regarding the Economic Development Transition Committee
recommendations.
2. Consider and give staff direction on continuing the waiver
policy for the Parks and Recreation programs.
3. Receive a report from the Parks and Recreation Department on
the I.M.A.G.I.N.E. program and view video.
4. Receive a report and hold a discussion regarding the 1996-97
City Council budget priority questionnaire.
Following the completion of the Work Session, the Council will
convene into a Special Called Session at which the following item
will be considered:
1. Consider approval of a resolution authorizing the City Manager
to execute an agreement with the Department of Transportation,
United States of America, for a grant under the Urban Mass
Transportation Act of 1964, as amended.
City of Denton City Council Agenda
January 23, 1996 Awls 00o
Page 2
2. Consider adoption of an ordinance permitting and regulating
the construction, maintenance and use of a long distance
telecommunications system by Worldcom Network Services, Inc.
across, over and under certain highways and public rights-of-
way of the City of Denton.
3. Consider adoption of an ordinance accepting competitive bids
and awarding a contract for the purchase of materials,
equipment, supplies or services.
4. Consider adoption of an ordinance awarding a contract for the
purchase of materials, equipment, supplies or services by the
State Purchasing General Service Commission.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1996 at o'clock (a.m.)
(P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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RECOUNIENDAT1ON
of the
Economic Development Transition Committee
to the Mayor and City Council of the City of Denton
and the Denton Chamber of Commerce
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Pursuant to the charge as defined in Ordinance No. 95-157 of the City of Denton, dated 15
August, 1995, the Economic Development Transition Committee makes the following
recommendation concerning the sustained funding and operation of Denton's economic
development programs. The Economic Development Transition Committee unanimously adopted
this recommendation following meetings held during the month of November (and December)
1995.
Recommendation
It is the recommendation of the Economic Development Transition Committee that the City of
Denton call and conduct an election on August 10. 1996, which is one of the uniform election
dates. The purpose of the election would be to consider the adoption of a sales and use tax at
the rate of one-half percent and would have the following baEct language:
"The adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of .4 of ore percent,"
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Basis for Recommendation
As Denton looks forward to the next century, it is critical that plans and programs be pursued
within the overall context of economic changes that are now, occurring in the state as we!] as the
nation. The economic future of Denton is tied directly to these developments and the changes
underwav are dramatic enough that traditional approaches to economic development will not
suffice.
ZVety thinking, new initiatives and new commitments are recuired.
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To proceed with the effort to establish new economic strength and p~qc, i it
Denton have sustained funding for economic development programming. The Economic
Development Transition Committee's recommendation for a locally imposed sales tax dedicated
to economic development was formulated after a review of a variety of studies, reports, visits
and assessments of other Texas cities' economic development funding sources. The prime
factors which formed the basis of our recommendation are:
1). The most significant change that has occurred, and one that has revolutionized the way
economic development is funded and conducted, is the authority which allows certain
Texas cities to approve a sales tax to fund economic development. This authority was
approved by the Texas legislature in 1989 and has resulted in 249 Texas cities passing
the local option election. Cities near Denton with the 4A Economic Development Sales
Tax are listed in Appendix A. Also, listed in Appendix B are al] cities that currently
collect over $I million annually,
2). Recommendation of the PHH Fantus Study, November 1994:
"PHH Fantus Consulting recommends that Denton consider adopting the
economic development sales tax and raising the local sales tax one-half cent, as
allowed under law, and to earmark the revenue generate strictly for economic
development activities
3). Recommendation of the Vision Denton Work Action Team:
"We looked at several ways in which we could finance development But the one
option we feel really offers the most flexibility and will allow us to be able to accomplish
our goals is the half-cent sales tax."
4). Primarily the 4A sales tax revenues could be used by Denton to create and maintain jobs
and job opportunities. Other Texas cities have used this revenue source for such
activities as: job training and retraining; financial incentives to attract new operations
and to expand local industries; marketing and promotion. and, providing infrastructure
such as water/sewer lines and road access to industrial plants and business parks.
5). The sales tax revenues could also be used to expand and diversify the tar bare which
translates into lower tax rates and improved services and amenities for all Denton ci•izens
and businesses.
For the above reasons, the Economic Development Transition Committee selected the dedicated
sales tax as authorized in Section 4A, Article 5190.6, Revised Civil Statutes of Texas as the best
source of sustained funding.
Passage of the 4A sale tax at a rate of IA of one percent would raise an estimated $2.7 million
annually which would be administered by a city chartered not-for-profit corporation and a
council appointed board of rive individuals.
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ApanW No.
We, the undersigred, comprising the Economic Development Tra sition Commit wQ4
to the charge referenced above, respectfully submit this recommen anon.
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Harry G. III-
, Chair Troy La rove
Carl Anderson Bill Patterson
-P, I. /P I L-- /J"- - -
Bob Copley Ed Smith
hard Hayes
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Points for Backup Consideration two- 9(a
• Members of EDTC personally visited 7 communities known to have successful
economic development organizations:
• • Allen * Frisco * Harlingen *Terrell
* Brownsville * Garland * McKinney
• Well-known and very respected consultant presented insights on organization and
funding data for many other economic development groups.
• PHH Fantus and Vision reports were used as guides when consideration given to
recommendations.
• Denton competes with 250 other economic development sales tax organizations
within the state alone. We also compete with communities that have well established,
fully developed private sector industrial and business parks. Aggressive developers
who are willing to invest money in infill areas of the metroplex make the competition
even more difficult.
• Due to this competition, li= and mone are critical to Denton in becoming a player
in metroplex economic development circles.
• The private sector and City Public Utilities Board have been carrying the load for a
program that allows limited marketing and minimal financial assistance for new and
taistir 3 business. We must now become more aggressive in both arenas.
• The best way to do this is to call an election for passage of a half-cent 4A economic
development sales tax in August 1996.
- Sales tar will provide funds for assisting private sector development.
- Allow for an aggressive marketing program.
- August recommended because of the strength of the current economy and
prospect activity. Much is currently happening and who knows how long
things will continue as they are.
- 4A is recommended after weighing the benefits of each type organization
against the recommendations of Vision and the Fantus report. The City has
a comprehensive CIP for the future. We feel the most important thing
economic development can do for Denton is to increase capital investment
and create jobs. The 4A organization assures that the monies collected are
used for those purposes.
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pendo Item
Appendix A _l
NEARBY,CITIES THAT HAVE PASSED.....
THE dA E6ONO~IIC DEVELOPMENT SALES TAX
City °o of 5D Sates Tar Estimated 4A Revenue
Alen h 869,581
Commerce 'h 225,000
Decatur 'h 361,347
Frisco 'h 413,591
Kaufman 'h 192,000
Lancaster 'A 968,077
Little Elm h 33,097
McKianey 'h 1,425,523
Melissa 'h 45,403
Mt. Pleasant 'r+ 637,356
Pans 759,035
Sherman '.4 1,865,291
Terrell h 795,880
Wylie 'o4 224.323
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Appendix B
Survey Results:- September 1995
4A CITIES THAT COLLECT MORE THAN $1<.MILLION
City % Collected Estimated Revenues
199495
Amarillo h $8,500,000
Abilene h 4,900,000
Brownsville 'h 31500,000
Harlingen 'h 3,000 000
Longview !i 2,600,000
McKinney 'h 1,500,000
Sugar Egad 1.4 1,165,890
Pharr h 11050,000
Marshall h 1,000 000
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4 ° rz ,5F ) X n"' Yl = o} of f '4T d , t
COMPARISON OR; S1T SE1bEQ P`~iCTQRS
r e u s e 3 Fv `a} ,Vy Y f0 i V Rs L r: I N n~a F+l~ 9 L. t o N
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~A?><~,-wf.~• J!+ s Ki: "s rw *r r ' '~X r
3 ' y Y~f A ,a y" . i y' Es+ r: 1
t .~{rtr 1S f ~ r ~ <f Fq a ~ z'Af .R♦ Il;lv_~ IL~j ~ .`rR ~v ' ' f~~''e P z .cy w~'a f
361
Y ~ f ~ t~R ".M h R~ r 3d MI, i `~,J , ✓ `c ~ ~f.
p
Jkn M , ~ttf b F r
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f r*e 43 E a cra, 4y~~ ~xw f L 7 I
'a~ 'K3a!~. •OT $ ,.a~ ~~'.f~ 2n r,f
1994 Ranking Factor First Year Collected Percent Change
1 highway Accessibility 1986 7.1
2 Labor Costs 1986 -3.1
3 Energy Availability and Cost 1987 7.6
4 Availability of Skilled Labor 1986 7.1
5 State and Local Incentives 1986 9.7
6 Environmental Regulations 1989 9.7
7 Tax Exempticns 1986 10.0
8 Occupancy or Construction Costs 1990 -1.2
9 Telecom muiication Services 1988 18.6
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10 Availability of Land 1986 -1.3 ;
Source: Area Development, December 1994 , t
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`'{y~ , o 'den < N p y~ /~w aYe "!!X
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Factor Percent Change
I. Telecommunication servicesM 18.6
2. Recreational opportunities 18.0
I Availability of long-term financing 16.4
4. Worker/technical training programs 15.2
5. Waterway/ocean port accessibility 12,1
b. Accessibility to major airport 10.7
X11 Data first collected in 1988
Source: Area Development, December 1994
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DCIIING `SNxy~' YUS;
;a s gcx ..s A ' :.3~va
Factor Percent Change
1. Colleges and universities in area -13,7
2. Nearness to major markets -5.3
3. Labor costs -3.1
4. Right-to-work statOl -2.0
5. Housing avai!ability - 1.9
6. Availability of land - 1,3
Data first collected in 1988
Source: Area Development, Dcccokcr 1994 pI'7.r
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TYPES OF INCENTIVES
Capital Subsidies: O erating SuhsidieR
Financing of land, building Training of employees
Financing of equipment and machinery Recruiting, screening of employees
Interest subsidies Tax credits
Bond financing (taxable or non-taxable IRB's) Loan guarantees
Infrastructure improvements Rebate relocation expenses
Grants Reduction of permit fees
Utility rate reductions
Capital lax Tncentiv;
Tax abatements on land and improvements Reran g_Tax Exem 'o
Sales tax exemption Corporate income tax exemptions
Accelerated depreciation Exemptions on inventories (Freeport) j
Exemptions on raw materials
Sales tax exemptions
Enterprise Zone credits
Sales tax exemptions on equipment W
Accelerated depreciation
Export exemptions
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LOCATIONS
LOCATIONS
Property Tax Abatements 87% 50%
Work Force Training 83% 46%
Below-market Bond Financing 40% 14%
Reduces!-cost Land 403'0 14%
rBelnw-market w-interest Loans 37% 18%
Lease Rate 23 % 41 %
ants 23% 9%
e [and 20% 14%
Reduced-cost Building 6% jE 27% ,
Free Building 335 _
Source: Conway Data Survey of Corporate Real Estate Executives, December 1992 • January 1993
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CREATING A WIN-WIN `SITUATION
WITH INCENTIVES
INCENTIVE, S SHOULD BE:
1. Part of a Comprehensive Economic Development Strategy
2. Based on a business evaluation (due diligence)
- that takes into consideration collateral value and ability to perform
3. Be supported by a cost/benefit analysis
4. Viewed as an investment
5. Designed to pay for themselves (if possible)
6. Negotiated
7. Minimize what the competition is doing
8. Part of a contract that prescribes the company's performance
9. Available to all firms that satisfy eligibility criteria '
10. Targeted to firms in basic industries ti
11. Periodically monitored for performance/costs/benefits
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` a r 1 P~ 4 15, Y ~ 7 v e eta ` t ~ X41 ~3a ,7ytt 6 [ Tyr .fi ~ WWI; r ?4 X `aS,AA f., 6 ,e
Y. to < ( w w , Ir V ~ n Y ~ 6 .t~,y T r` ~4'. "r'^'ff~#o tt~~a~yv PW iR"g t S v ,'5[+a # v ~
x H : \'S 'r~,w +t RN 4A' V G [ , \ tl ~'I tSi RS d~3,aV~. ° 'L 9 ~yafryr a.
Z . Y` 9. ,3~ , k':f rap 3\, 'd k k x I T M" ia~+ ✓d.. >n ..u,
.i J'f [ rsl .K3 ,.tw'a2 X.da?§ ~.r~i z..>~✓°a Y:'~.":: r E` 3 > <`P": ro E.
F'undamenta! What To Do ,
1. Success is dependent upon a comrrdtment to a long-range ❑ Develop a Strategic Economic Plan; formulate the road map [hat will guide
vision, clear goals and objectives. Denton's economic development efforts.
❑ Develop an Economic Vision; determine what the desired economy of Denton
should be 10 to 25 years from now. The Vision should be a consensus of the
city's leadership and become shared within the community.
❑ Develop Realistic Goals and Objectives; appropriate and realistic goals
encourage cooperation at team work.
❑ Target Industries and Businesses; focus your marketing efforts by selecting
specific categories of business to attract and retain.
2. Responsibility, accountability and authority must be (3 Establish mission and role for all organizations Involved in economic
explicit. development; this allows for the maximum utilizatioaof resources and focuses
each organization on what it does best.
3. Orga• ions are most effective when concentrating on one ❑ Eliminate functions which are not thr.• core activity; determine what to keep,
task, what to hand-off and what to abandon.
4. There .:ast be continuous and sustained involvement of the ❑ Meaningful programs of accomplishment attract leaders; The organisation
top civic and business leaders. must address issues which: (1) impede your pr)gress and, (2) take advantage of
your opportunities.
5. Economic development must be proactive rather than ❑ Adopt an aggressive posture; enable the organization to command the support
reactive. and :evolvement of the community.
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THE STRUCTURE OF
LOCAL ECONOMIC DEVELOPMENT ORGANIZATIONS
1. Private Sector
• Chambers of Commerce [501(c)(6) Tax Exempt Status}
Industrial Committees
Economic Development Committees
• Industrial or Economic Development Foundations (Funds or Corporations)
Not-for-Profit [501(c)(3) Tax Exempt Status:
The business community underwrites programs to expand and attract business, not primarily for
profit, but to protect and expand investment in the area.
I Profit: Same as not-for-profit in concept, except have profit motive
Louisville, KY - 1918 - began here
Tyler, TX - 1944 - first one in Texas
2. Public Sector
• Boards of City Development
• 1987 - Constitutional Amendment - Economic Development becomes a public purpose r
• The Development Corporation Act of 1979
4A - Sales Tax fcr Economic Development; not-for-profit corporation chartered by city; five-member board
4B - Arlington Stadium Bill; not-for-profit corporation chartered by city; seven-member board
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• Section 380.001 - Local Government Code t
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TYPICAL PROFILE OF
LOCAL ECONOMIC DEVELOPMENT ORGANIZATIONS
Private Sector Public Sector
Funding Membership/Contributions Tax Revenues/CDBG Funds
Governing Body Board elected by membership Board appointed
Legal Form Non-Profit 501(c)(6) or 501(c)(3) Corporation Board /CommissionlCorpo ration
Economic Development Functions Variety of functions Functions usually prescribed by law
y I . Private sector confidence 1. Continuous funding
It 2. Confidential negotiations 2. Access to government funds
Operational Advantages 3. Less political 3. Access to incentives
i 4. Program continuity 4. Broad support
5. Infrastructure improvements may be facilitated
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EST MA, ED° i T t •K R F Y i'
REYRNCJ~S ➢ ~~N~~~Y ~2 M1k Ff. ~
Rate Revenue
'/z % $29792,000
3/s % 220942000
% 123969000
698,000
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THE SALES TAX FOR ECONOMIC DEVELOPMENT:
WHAT IT IS AND WHAT IT IS NOT
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Section 4A
Amendment to, the Development Corporation Act of 1979
71st Legislature -1989
This amendment to the Development Corporation Act of 1979, allowed certain cities (known as 4A's) to hold local option elections to pass a sales
tax to be used for economic development activities.
Specifically, 4A allowed any city;
(1) in a county of less than 500,000 population;
(2) the new combined sales tax does not excee12%; and,
(3) to hold a referendum that would allow a levy of up to 'b percent (now Vs, 1/, % or 'A percent) to fund a local industrial development authority
(corporation) as long as the total local sales tax does not exceed 2 percent.
If approved by the voters, the city would establish a not-fur-profit corporation and appoint a five-member board to administer the corporation and the
sales tax revenues.
The legislation allows the corporation:
(1) to acquire buildings, land and equipment;
(2) to pay the principal and interest on debt;
(3) improve airports that are an integral pan of an industrial park;
(4) make improvements to support waterborne commerce; and,
(5) to use for other purposes that are in the best interest of the city.
The original legislation stipulates that the corporation cannot:
(1) spend more than 10 percent of the revenues for promotion purposes;
(2) assume or pay principal or interest on debts that existed before corporation was formed;
(3) the board cannot meet outside the city limits; or
(4) cannot fund general purpose water and sewer projects. 1 $
The corporation may, however, provide water and sewer to benefit property acquired for a project having another purpose. A,
Also, the Bill provides an escape clause by (1) either patting a sunset clause on the ballot or (2) allowing :0 percent or more of the registered I~ ,ti !
voters tq petition for an election to dissolve the corporation, or (3) the city council to call an election. 1{,`n
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ADVANTAGES OF, THE 4A
SALES TAX FOR. ECONOMIC. DEVELOPMENT
(1) Continuous funding for economic development programs.
(2) Can access Texas Leverage Fund for up to $4 million loan.
(3) Expenditures are controlled locally - program locally determined and implemented; red tape
can virtually be eliminated.
(4) Few legal restrictions on use of funds.
(S) Can focus community commitments for economic development.
(6) Funds can be used for retention and expansion of existing business.
(7) Can be terminated at will of community.
(8) Outsiders and non-property owners conrtibute part of the revenue. W
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DISADVANTAGES.OF THE 4A
SALES TAX I+ OR ECONOMIC DEVELOPMENT
(1) Increase in local sales tax.
(2) Operations (negotiations) subject to Open Records and Meetings Laws.
(3) Money may be more than needed for effective program.
(4) Funds can be abused and not used properly.
(5) Private sector funding and involvement may be reduced.
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Advantage nr nis tue
Traditional roles of organizations will be changed.
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Section 4B
Amendment to the Development Corporation. Act of 1979
(Arlington Stadium:Bill)
72nd Legislature -1991
This amendment to the Development Corporation Act of 1979, created a class of cities (known as 413's) and allowed these cities to hold a local option
election to pass a sale tax for purposes as described below.
The original legislation defines an eligible city as one that:
(1) is eligible to adopt a sales tax under 4A and the new combined rate does not exceed 2%;
(2) is in a county of 750,000 or more population; and
(3) has a combined sales tax rate of not more than 7.25% and is not in a mass transit authority, to hold a referendum that would allow up
to 1h percent.
NOTE: Eligibility requirements have been changed by subsequent legislation.
If approved by the voters, the city would establish a not-for-pr fit corporation and appoint a seven-member board to administer the corporation and the
sales tax revenues. No more than four of the board members can be elected or appointed city officiLls and all must reside in the city limits.
The legislation defines eligible projects as: land, buildings, equipment, facilities, and improvements found by the board to be required or suitable for use
for professional and amateur purposes and events. It also includes: stadiums, ballparks, auditoriums, amphitheaters, concert hills, learning centers, parks
and park facilities, open space improvements, municipal buildings, museums, exhibition facilities, and related store, restaurant, concession, and autom
parking facilities, related area transportation facilities and other related improvements that enhance any of those items. The corporation may a1 pk
for principal and interest on loans and bonds. l3
Other eligible uses include: recycling facilities, public safety facilities, street and roads, drainage and related improvements, demolition, general mur • pals
owned improvements and other projects that contribute to the promotion or development of new or eapcnded business and to pay maintenanc
operating costs with assisted projects, t
The collection of the tax ceases when all bonds and other obligations of the corporation are retired.
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'MIMA'IZX COMPARISQI~j aF j „ , < g ' ,
4A end Vo KLMIWING, 'R01GR.1AMS
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4A 46
Focus: The organization and funding of a sustained economic development Funding of various projects to include infrastruc- o,e needs and
process business development activities
(1) Cities in counties under 500,000 (1) Cities in counties over 750,000
Eligibility (2) Nava not reached local soles tax of more than 2% (2) Does not have a combined sales tax rate of 7.25%
RcquiremcnW
(3) Any city that meets 4A r:quirements
Organization: Notdor-forCorporation Not-for-Profit Corporation -
chord: Five-member board appointed and serves at council's pleasure (1) City Council appoints seven members for 2-year terms
(2) Must live in city
Funding: (4, 'f, '.'e, or 'h% sales tax 'A, s/s, or 'A% sales tar
Programs: (1) Promotion limited In no more than 10% (1) Not specified
(2) Cannot fund general water and sewer projects (2) Can fund general water and sewer projects
(3) Can issue bands/debt (3) Can issue bonds/debt
(4) Improve airpurts as an integral part of industrial park (4) Not specified
(5) Make improvements to support water borne commerce (5) Not specified
(6) Can use monies for administration and governance (6) Allow paying maintenance and opeIfor development purposes )
(7) Can contract with other orp wie. (ions (7) Not specified
Termination: (1) Sunset provision on ballot When bonds or obligations are retired
(2) Citizens petition to hold election (3) Council calls election I1
+fa en(,.pikJ t,y: "Me C.Cn,oiu„e (;wop
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4A & 4B CITIES BY COMPTROLLER'S REGION
HICII PLAINS
- HOR111WEST TEXAS
23 r METROPLEX UPPER EAST TEXAS
WEST TEXAS 30- 147- 31
61- ~.S 10
25
SOUTHEAST
UPPER RIO ORANGE TEXAS
CENTRAL TEXAS 30 i
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SOUT1l1EXAS GULF COAST
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CITIES HOLDING SALES TAX REFERENDUMS
UNDER SECTIONS 4A AND 4B
Page 1
Passed 4A (119)
Abilene Cameron Edinburg Jasper McKinney Panhandle Silsbee
Allen Canadian El Campo Kaufman Meadows Paris Snyder
Amarillo Carthage FLlrftcld Kemah Melissa Pcnitas Sour Lake
Athens Celina Ft. Stockton Kemp Memphis Perryton South Padre Island
Baird Center Gilmer Kilgore Menard Pharr Stamford
Bellmead Childress Gladcwalcr Kounlz Mercedes Progreso Sulphur Springs
Belton Coleman Graham La Marque Mt. Pleasant Prosper Sweetwater
Big Spring Commerce Hamlin Lamrsa Muleshoe Quansh Tatum
Booker Copperas Cove Harlingen Lcvclland Munday Ranger Taylor
Borger Crockett Haskell Lindalc N:.: Raymondville Terrell
Brady Crowell Ilempslead Linden New Bo..on Red Oak Texas City
Breckenridge Curey Henderson Little Elm Northlake Rio Grande City Tolar
Bridgeport Dalhart Hereford Littlefield Olney Rotsn Vemon
Brnwnfcld Decatur Hidalgo Longview Overton Rusk Wellington
Brownsville Dc Karb Hillsboro Marble Falls Palatial Seguin Weslaco
Brownwood Early Hitchcock Marshall Palmview Seven Points West Tawakoni
Burnet Eastland Hooks Maud Pampa Shamrock Wills Point
iFalyd dA (64)
Aransas Pass Denison Greenville Kountte Mansfield New Braunfels Schertz
Bowie Dumas Gun Barrel City Lamesa Marble Falls Newton Sinion
Brady Eastland Haskell (3x) Lancaster McAllen (2x) Pampa Snyder
Brenham Elgin Henderson League City (2x) McKinney Pars Sulphur Springs L g
Clarksville Fairfield Henrietta Leonard Memphis Perryton The Colony
Clear Lake Shores Ft. Stockton Hertford Levelland Midland Quanah Troup
Cleburne Fricndswuod Holland Lockhart Mineola Rusk Tyler
Conroe Galveston Jacksonville Lubbock Mo,vhans San Mgeln(2x) Victoria
Corpus Chrisli Georgetown (2x) Kingsville Magnolia Nacogdoches Seguin Wichita Falls 1
DcSoto
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CITIES HOLDING SALES TAX. REFERENDUMS .
UNDER SECTIONS 4A' AND :4B .
Page 2
Passed 4H (92)
Arcola Clyde Friona Keller Montgomery Refugio Straws
Arlington Conroe Gainesville Kerrville Mt. Vernon Richmond Teague
Aspcrm nt Cotulla Galveston La Joys Navasota River Oaks Tomball
Bastrop Cross Plains Grand Prairie Lake Jackson Nederland Roma Tye
Bay City Dalworthington Gardens Grand Saline League City Ncedville Rosenberg Universal City
Benbrook Duncanville Groom Liberty North Richland Hills Runaway Bay Van Rom
Big Sandy Elgin Gruver Llano Oak Ridge North Sachse Venus
Brenham Encinal Henrietta Lorene Olton San Benito Watagus
Buffalo Euless Hill Country Village Los Fresnos Pantego San Jusn West Columbia
Burleson Forest Hill Hurst Magnolia Pcsrland Santa Anna Westlake
COCNIC Forney Jacksonville Mansfield Pittsburg Seagoville White Settlement
Cisco Franklin Jefferson Merkel Port Isabel Sinlon Winfield
Clarendon Frankston Junction Mission Portland Southlake Winnsboro
Ovxn City
iFa led SB (24)
Allen Coppell Ennis Lancaster (2:) Lubbock Seagoville
Bedford (2x) Crowley (2x) Fricndswood (2x) League City McAllen Watagua
Cleburne Dallas Ilamikon Lewisville McGregor Wktitt ScnlcmCnl ~s
Culleyvllle DeSuto Kingsville Lockhart Pasadena Wichita Falls t 3 J
f.1 11
fJ 44
Passed 4A & 46 (I8) 7
Anson DeSolo Frisco La Feria Newton Sugar Land
Atlanta Edcouch Hawley Lancaster Seabrook Sunnyvale 1
Cedar Hill Elsa Knox City New Braunfels Somerset Wylie
Iu1 muiwt: 912W95
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EXAMPLES
USES OF ECONOMIC (DEVELOPMENT; YUNDS.
ALLEN ('h% 4A - annual revenue: $893,000) HARLINGEN ('fi% 4A - annual revenue: $2.9 million)
• Financed 200-acre industrial park with $2.8 million Texas • Financed campus for Texas State Technical College
Leverage Fund loan
LONGVIEW % 4A - annual revenue: $2.6 million)
AMARILLO ('A% 4A - annual revenue: $8 million) • Sold $7.5 million in bonds to finance 480-acre industrial park
• Grants and interest free loans to 40 companies
MOUNT VERNON ('/i % 4B - annual revenue: $77,000)
BURGER ('i4% 4A - annual revenue: $580,000) • Funded legal fees and site preparation for Lowe's 880,000
• Bought building and funded operations of a Small Business square-foot distribution center
Development Center and Incubator Program
PARIS ('A% 4A - annual revenue: $625,000)
BROWNSVILLE ('/4% 4A - annual revenue: $3.8 million) • Built 30,000 square foot building for company. Company
• Provided grant to University of Texas at Brownsville for leases the building for five yeas with lease/purchase
Engineering Facility agreement to buy. Goes on tax rolls at $500,000.
EL CAMPO (f/% 4A - annual revenue: $235,000) PHARR ('f,% 4A - annual revenue: $975,000)
• Built 20,000 square foot spec/shell building • Funding engineering for bridge to connect with Mexico
• Rebate 2% interest for 5 years to firm ($4,332 a year) • Constructed building to house day-care center and Business
Incubator
FRISCO ('h% 4A - annual revenue: $870,000)
• Financed 1.9 miles of service road to industrial park SUGAR LAND % 4A; % 4B - annual revenue: $2 mi i n)
• Joint-ventured development of 100 acre industrial park with • Street construction to serve business park-$500,000
private developer • Provided 50% impact fees and 66% storm sewer co br
• Provided $112 million for campus of Community College extension of service to Shoney's Inn
• Matched County funds to build $2.3 million service road on • Infrastructure cost to Mall developer of $5 million w' I t
Stale Highway 121 repaid from sales tax generated at mall until 2006 or
total reached $5 million t-
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HOW TEXAS CITIES ARE
USING JA SALES TAX REVENUES
F FOR ECONOMIC DEVELOPMENT
(Nor screemd as to legal or authorized expenditures)
RUSINFSS RETENTION ANT) ATTRACTION I ANTYRUl1 DINE PIIRCIIAMLEASS Gpcratiom of Local Hospital
UPGRADE Equipment for Local Hospital
,kdvertisiog
p
Promotion, Image, hlarketiog Materials Lad Purchase for Industrial Park ormtaw Valenti Park
Industry Appreciation Program
Coatrau with Chamber of Commerce of Industrial Building that Houses Incubator snllor Day Care Center Fud Military Affairs Committee
Foundarlom for Marketing Serv Lsd for Coaectionel Facilities
Target Marketing Infrastructure (thiligy Upgrade or PIa_cment )NFAASTRI[MTRE IIP(-,RAT)E AND
MLzkuiog Studies Aeccu Upgrade or Place meat
Travel and Related Expeases Land to Expand Airport PI.ACEMfENC
Trade sbowa L.lusidal Park Dcvclopmenl Rail Spur for Industry
Highway Signe73il1boo ds Existing Buildimg Expansion ad Upgrade Water tad $cwu Line Fxlc maioa to Wu it rial Park
Di rut Mad Conatrucllom of Buddiag Drainage Project
Newslcucra Lad Purcbue for Reule or Lease odor Control Psojut
Video Brocburca Cuo11ructiom of speculative Buildiog Eagioceriag and Construction of Bridge
1-800 Number Sub-Counbouse COn3tructi0a Industrial Park Developments
Briefing Cecter Pavilion Construction OTHER
Markctims Trip wilb Utilities Compcay Rcoovatioa of Theater
Renovation of Vacant Reu;l Store Admininrwioo and Operations
INCFNTIVFSIStIIISIDIF.S FOR BUSINESS ConsuhimWEagineeu
Direct Loans R { I CfF.IIITCATION Legal ad Accouotiog Espeoui
Revulviag Loan Fud1 Job Training for Individuals Supplies
Loan Guarantus Jab Training for Specific Compaay Insurance
Interest Fogiveneu or Write-di" Texas State Technical College (Construction,'Operatiou) Con iageaay Fund and Reserves
uodd Idebtdmeaa Purcha 2quipmmmt for Traiaiug Programs Laze of Office Sp.ce
Incubator Program 1TPA Supplemental Funding purch ass office Buihlias
Enterprise Zone Establishment Work Force Vevcdopmeal Development of Strategic Plan
Capital Crania Provide Space for Traioiog Programs Coaxtructioa of office Space
Redocntiua and yAuving Expenses Fund TecbnleaVVocatlonal Crater Fucniture and Equipmeot
Undenrite Subsidy go Airline Upgrade Space for Training Programs Contras for Ado"strative Services
Subsidy to State Fuh Hatchery Professiomd Dues and Meetiaga
SubaWizcd Tax AbatemenWExemptions PROGRAMS AND A911VITIES Subwnptions
Subridizd Lad PurcbsuJierse DeVelopmeor Ftmnee Program yTaxes
Subsidized BuiWiog Pu .haaelI,ease Small Business Development Ceoter Statue to Killer Bee
Sales lax Rebates Retention and Expaoiioa of Local Businesses
loccosives for Prison or Conutioaal Fecidity llristaus Light Program
Land Purcha" d and aven to Buainasa (Gnup Incubator Operations
Gperatias Grants Golf Course project
Egrip Deal Purchase Main strut Program
Loan Guaraaues IQ State Programs Mlino ity(Womca's Business Enterprise
Subordinate Loans to Finsocial lustitntious Fund Day Care Center
Loan to Tdovision Repair Shop MLtchiog GranN to Goodwill Industries
Texas Leverage Fund Mvelopmeas of Diu Bue
Paid for Permits
Svurce: Tetx Taws and City, September 1991, by The Corncnianc Group
CITIES HOLDING CONCURRENT ELECTIONS
TO REDUCE PROPERTY TAXES
• Of the top 10 cities to pass the 4A economic development
sales tax, 10 held concurrent elections.
• Of the top 10 cities to fail the 4A economic development sales
tax, 3 held concurrent elections.
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PASSING A SALES TAX ELECTION
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777
UNIFORM: ELE4 CTIQN;,P8TrS r '
on WhWh `io holtl Y - j s -
- t u , ~ ~x• x Leo b q
SAES TAX-rOR ECONOMIC DEyEIO'A~E
q
7~4`..~'s~y~*'~
RE IC
LGl\L~I7 Y q ; y 7 M Y
1996 1997 1998
Third Saturday in January January 20 January 18 January 17
First Saturday in May May 4 May 3 May 2
Second Saturday in August August 10 August 9 August 8
First Tuesday after First Monday None Allowed November 4 None Allowed
* No November elections are allowed in even numbered years.
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HOW TO IMPROVE YOUR CHANCES':OF WR
jNING
AN ECONOMIC DEVELOPMENT SALES` TAX ELECTION
Economic development sales lax electrons have a dffjerent character than other campaigns. In general, there is not a built In
constituency to assure passage. 77terejore, a constituency must be developed.
TEN ways to improve your chances for success;
I. Organize, Organize and Organize
2. Keep it an issue campaign ...not a personality one.
Do not appoint the board until after the election.
3. Keep it simple ...JOBS, JOBS, JOBS.
4. identify the opposition before the election is called.
5. Hold a concurrent election to reduce property taxes,
6. Inform the voters that a large percentage of (city)'s sales tax is paid but outsiders and non-property owners.
7. Explain to the voters the competitive climate for economic development...
• 229 Texas cities have passed the sales tax;
• Oklahoma and Arkansas cities now can use sales tax revenues;
• Call attention to the nearby cities that have passed the election.
I
8. Explain to the voters how much money will be raised by the sales tax and a CONCEPTIONAL PLAN on how it will be
used.
9. Get a minimum of 25 percent of the voters to vote early. t 8
10. DON'T ASSUME THAT LOGIC IS ON YOUR SIDE AND YOUR VOTES WILL GET OUT AND VOTE. l~
• Lamesa lost the election, the fiat time, by one vote. r
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• Bowie lost by three votes.
• Haskell lost three election before passing one
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SUCCESS OF SECTION 4A
ECONOMIC DEVELOPMENT SALES TAX REFERENDUMS
HELD DURING SPECIFIED MONTHS
MONTH ELECTION HELD PERCENT. PASSED (est.)
Jamiary 68
May 70
August 50
November 78
TOTAL 67
Data compiled by: Ile Curnemmne Group
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Nearby cities that have passed the economic development sales tax; g
a 'v&s v ' sTjQCO~t~'I?„ StltllatCQ', ~ s °YAykgi ,~.f gg~~,`JddkTyi*Q~
City T
* r n ~A i ctf~
Sa1CS Tax' Revenge Sall { 1 ,
5•x s , s T1 . , PiI1tC a
Allen 4A 593,000 Lancaster Both 2,904,?3;
Benbrook 4B 402,053 Little Elm 4A 25,000
Commerce 4A 225,000 Mansfield 4B 560,000
Decatur 4A 288,000 McKinney 4A 1,300,000
Duncanville 4B 1,395,758 Melissa 4A 37,500
Euless 4B 1,125,000 Mt. Pleasant 4A 580,000
Forney 4B 82,000 Paris 4A 625,000
Frisco Both 870,000 Sachse 4B 42,0D0
Gainescale 4B A192,000 Sunnyvale Both 362,144
Ilurst 4B Terrell 4A 498,000
Kaufman 4A Wylie Both 230,000
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rx: t N,~r ° r N z x half. «k,." 'v ~s > aw y 4`~'~ . rc 'a 'R"g, '
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City % State Sales Tax % Local Sales Tax 9'o Other Sales Tax % Total Sales Tax
Dallas 0.0625 0.01 0.01 (Dallas MTA) 0.0825
Denison 0.0625 0.01 -0- 0.0725
Fort Worth 0.0625 0.0! 0.005 (Fw NIT A) 0.0825
0.005 (FW SfD)
Gainesville 0.0625 0.01 0.005 0.0775
Lewisville 0.0625 0.01 -0- 0.0725
McKinney 0.0625 0.015 -0- 0.0775
Plano 0.0625 0.01 0.01 (Callas :,!TA) 0.0825
Richardson 0.0625 0.U'4 0.01 (Dallas MTA) 0.0825
Denton 0.0625 O.OlS -0- 0.0775
Source: TeTas Sales and Use Tax Rales puhlished by Texss Comptroller of Public Accounts
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66 * <; ay: c a 3 ~ ~ f".:'.' i &,.,R:?~q ~pa3,~ w ♦~~'k~~ w ~M1 ~A
Mission Statement can have the following components:
1). Define the role of the organization (what it is; what it is not).
2). Establishes as clearly as possible the function(s) of the organization.
1). Answers the following:
• Whom do we serve?
• What do we believe?
• What do we do?
Some Examples:
• The mission of the EDC is to develop plans, fund and implement programs that maximize the economic potential of
(City).
• Balance economic development through recmitment, retention, expansion and creation of businesses that export goods an
services outside the area.
• Enhance (City's) competitive advantage as a world-class manufacturing center. l
• Expaml the economy providing positive opportunities for all citizens and neighborhoods,
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• To improve economic opportunities an. quality of life for all citi'rens of (City).
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Survey s, Resulf»5 Se temhir 199
r i. y , ` i % t J t oii av. f 1G'~.' ?j• , [ki "0 v : t
x;( t ~Rr m s % xrl`~ v4 R'G E [ k 4°5w``~^C',~ "1,FNi"fd~9'bJaJ~.,.v'9`~
N 4N CITIES C4LlaEC'J'sMOR a UIONx ' " a.
.4, 2 i . i:.; •`~9>"~,' , i.W .~`-w ~Ra+'. 'L sn , iS w ,y h ,l IL
% Estimated Revenues staff
City Collected 1994.1995 Physical Location of Office
Full-time Part-time City Employees
Amarillo 'h $8,500,000 6 0 None Office building
Abilene 'h 4,900,000 5 2 All City Hall
Brownsville 'h 3,500,000 9 3 3 ED Coancil Office
Harlingen 'h 3,000,000 4-6 0 None With Chamber of Commerce
Longview '.4 2,600,000 5 0 None With Chamber of Commerce
McKinney !h 1,500,000 3 0 None Bank building
Sugar Land 'k 1,165,890 0 t 1 City Hall
Pharr 'h 1,050,000 2 0 I Leased office space
Marshall 'h 1,000,000 0 2 All City flail
i $
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BASIC COMMUNITY.
MARKETING MATERIALS
• Community Data Book
(Demographics, economic data, employment, utilities, transportation, education, support
servi.,es, quality of life)
• Community Profile
(Same categories as Data Book but in summary form)
• Audio/Visual Presentation (optional)
• Industrial Site Inventory
(Location maps, boundaries and acreage, zoning, easements, transportation access,
utilities, neighbors, restrictions, ownership, price)
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• Building Inventory
(Location, size, height, docks, parking, transportation access, utilities, ceiling heights,
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floor loads, column spacing, neighbors, restrictions, ownership, price)
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1 t'. ~ Fes,"~.TnTj ~t!'('.r~'~ !"%9 .R' M~",1FC' `J KUr ^Y ~ } :JK k
wry E t _ rJTCkFF ti 'l3>Y.5 yF.r ,ti Y,ye ~'K■*t~, t ~0 16iR ,YR A e ~M a✓ X~ x
4Yr S any' e ~ .:iS,b# 'E PF'..,P, ~^.+e X~r4(1KYDPrE$i 4J r S" ~ }r. 9 3.< e.
ENrE rb. C.
Service Per Cent Using
Computerized Database 75
Video Tapes 61
Fax-on-Demand System 23
Bulletin Board Systems, Intemet Link, etc. 14
External Electronic Mail 13
Interactive Video System g
CD-RONIS 5
Source: Conway Data Survey, January 1995 t ~j+
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Agenda 190 l✓ ~D0
ADenda Rem.
On _
How Cities Organize and Administer ales ax
Revenues Dedicated to Economic Development
(The first or a two-part series)
By Bill R. Shelron and Nancy Raicliff
the Cornerstone Group
Fort Worth, T(
Since 1989, voters in 229 Texts cities • Five are administered by full-time staff, • Six of the operations are physically
have approved the option of Imposing a two by a combination of full- and part- located in the city hall, three in a
sales and use tax to finance local economic time staff and one by part-time su ff. chamber of commerce ind four in
development efforts. The authority to The average number of full-time staff is neither.
enact this tax, which is called the five and part-time staff is three- Only three pay the city for
'economic development sales Lax' is found
in either Section 4A or 4B of the • Six of the full-time staff are hired by administrative or support services.
Development Corporation Act of 1979 theEeonom:cDevelopment Corporation
(Vemon's Ann.Civ.St.art. 5190.6.). (EDC), one by the Chamber of
Commerce and one uses city staff. Under S500,D00 Annually
The legislation provk:es that cities which
adopt the sales tax must establish a not- • Three report the top staff person's title There were 58 cities responding that
for-profit eorpom6on and appoint either a is Executive Director and three use the received less than S500,000 annually.
five- or seven-member citizen board to title of President/CEO. They reported:
administer the tax. Because there are few
legal requirements on how the local boards • Two of the operations are located in the • Twenty-two of these programs are
operate, one of the most frequently asked city hall, two in chamber of commerce administered by a full-time staff and 21
questions is how do cities organize and quarters and four in space not in either by a part-time staff. Five contract with
administer these revenues. the chamber or city hail. ineither a dustrial foundation. The average
To answer this question, a questionnaire • Seven of the eight cilia reported that numberof full-time staff is 1.3 and part-
was mailed to the 229 cities in September the city government receives sales tax time is t.75.
1995. Tabulation of the 149 responses to funds for administrative or support
the questionnaire indicates there are services. • Thirty-one us city staff for
distinct differences in organization and administration, while 27 use staff other
administration. The first distinction is than city staff. Ten reported that stiff
obviously the difference between the cities $500,000 to $1 Million Annually is hired by the EDC and three by a
that are authorized under Section 4A chamber of commerce it industrial
versus those under Section 48. There are There were 15 responses in this category foundation.
also differences dclending on the amount reporting the following:
of revenue geucnted by the tax. • Fourteen of the top staff administrators
• The operations of 10 of the 15 are are either city managers or assistants.
The results of survey which follow are conducted by a firm-time staff and two Thirteen have the title of either
reported by annual tax revenues from the use a combination of full- and part-time executive director or director.
4A authorization. Next month's article staff. The average number of full time
will highlight the responses from the cities staff is two. • Thirty-nine of the operations arc housed
that are operating under 43 of the in the city hall and I I with a chamber
Development Corporation Act of 1979. • Six are staffed by city employees and of commerce.
six are employed by the EDC. Three
How Is the 4A Tax Administered? are with either the Chamber of • Ten of the cities are reimbursed for
Commerce or Industrial Foundation. support or administrative services.
31 Million or More Annually
• Seven of the top staff executives have
Eight of the 4A cities that responded have the title of Executive Director and three
annual incomes in excess of Sl million. are either Director of Economic
Here arc the highlights of their operations: Development or Coordinator.
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E.\YPDDCS\DRD\CXAMBEA.ED
Agenda fJo, -
Agenda hem__.~.
DD:a_ _
ORDINANCE NO. S'/S7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON CHAMBER OF COMMERCE FOR THE PURPOSE OF PROVIDING FOR
A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute
Amendment No. 2 to an Agreement between the City of Denton and the
Denton Chamber of Commerce for the purpose of providing for a
program to promote economic development ("Agreement"), a true and
correct copy of which is attached hereto and incorporated by
reference herein.
SECTION 11, That that certain resolution passed by the
Chamber of Commerce on the 22nd day of June, 1995, a true and
correct copy of which is attached to this ordinance and incorporat-
ed by referenco herein, is hereby approved, subject to the terms
and conditions of this ordinance and the attached Amendment No. 2
to the Agreement.
SECTION Ill, That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the _Z.:JKA day of ~ , 1995.
80 CASTLEBERRY, MA R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. C
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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02,.
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
THE STATE OF TEXAS §
COUNTY OF DENTON 5
This Second Amendment to that :ertain agreement for a program
to promote economic development entered into the 15th day of
August, 1989 by and between the City of Denton, Texas, a Texas
municipal corporation ("City") and the Denton Chamber of Commerce,
a Texas non-profit corporation ("Chamber"), as amended.
WHEREAS, on August 15, 1989, the City and the Chamber entered
into an Agreement for an economic development program ("Agree-
ment"), a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, on August 2, 1994, they City and the Chamber entered
into that First Amendment to the Agreement, a copy of which is
attached hereto as Exhibit "B"; and
WHEREAS, the City and the chamber will mutually cooperate to
create an Economic Development Transition Committee ("EDTC") for
th,a purpose of researching and recommending the best structure for
an Economic Development Corporation ("EDC") and to develop the
charge to the EDC.
ARTICLE I.
I
That the City and Chamber hereby amend Article 1 "Office of
Economic Development" of the Agreement as amended, to read as
follows:
1. QjjiQe of Economic De Iopm nt Created. During the term of
this Agreement, she Chamber shall maintain an Office of
Economic Development ("Office").
ARTICLE II.
That the City and Chamber hereby amend Article 2 "Economic
Development Committee Created" of the Agreement, as amended, to
read as follows:
2. Economic Devel)ment Transition Committee ated. In order
to promote a program for economic development, the parties
y
No,
".Cenf314n
agree that an Economic DeveloPrent Transition
Committee
("EDTC") will be established and seated no later than October
1, 1995, unless this date is extended by mutual agreement of
the parties. The members of the EDTC, who shall represent the
diverse interests of the community, shall be composed of seven
persons, four of whom will be appointed by the City Council
and three of whom will be appointed by the Board of Directors
of the Chamber. No employee of the City or the Chamber and no
elected official shall be appointed to the EDTC. The members
of the EDTC shall select one of their members as chair and
shall adopt their own rules of procedure. The EDTC will
replace the current Economic Development Advisory Board
("Board") and assume all responsibilities, duties and author-
ity previously assigned to the Board.
In addition, the EDTC is charged with accomplishing the
following tasks:
a) Develop Economic Development Corporation ("EDC") mis-
sion/operating principles.
b) Study other economic development charters and make
choices of positive aspects of each that would lend to
success of EDC.
c) Tour the most successful EDC's in country and document
recommendation of best structure and outline results-
oriented goals.
i
d) Determine long-range financing of economic development
program and EDC operation. Assess potential success and
funding opportunities under both Sections 4A as well as
4B of Article 5190.6 Vernons Tex. Civil Statutes to
ensure all opportunities under the law are reviewed. if
positive, develop strategy and campaign, and make
recommendation to City Council to call election.
e) Define roles with regard to financial responsibility and
authority of economic development financial contributors
(i.e., investors, City Council, Public Utility Board).
f) Obtain counsel for promulgation of charter for EDC.
Page 2
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ROMn~ Ira -
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g) Present justification for corporation charter at joint
meeting of City Council and Chamber of Commerce.
h) Present justification for long-range financing of EDC
programs at joint meeting of City Council and Chamber of
Commerce.
i) Draft internal operating policies for final adoption by
the EDC.
j) Recommend detailed line item operations budget for first
year activities related to establishment of EDC.
k) Hire experts/consultants for expeditious and professional
implementation of short term objectives, i.e., financial
analyses, team building, and economic development
consultants econometric models.
1) Develop economic development program operational perfor-
mance indices.
m) Continually work at strengthening coalition with inves-
tors of economic development program.
n) Develop and provide written bi-monthly status reports
reporting on the progress of the above-mentioned tasks,
and on expenditures to the date of the report. Provide
the Chamber, Board, and the City Council with a written
report, no later than January 31, 1996, unless that date
is extended by mutual written agreement of the parties.
That report must have the EDTC's recommendations and
findings concerning the formation of an EDC, thAreby
completing charges (b), (c), and (g) on page two of this
agreement.
o) If the EDTC concludes that the formation of the EDC is
justified and in the best interest of the entire communi-
ty, it shall provide the Chamber Board and City Council
with a written final report, no later than March 31,
1996, unless that date is extended by mutual written
agreement of the parties, with recommendations and
findings reqarding the remainder of the charges. The
Page 3
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Agendi No,
^Aoen$2 Nem
cv:
final report will include, without limitation,4
dations for the proposed organizational structure, a
proposed budget for the EDC, a final draft of the
charter, and an analysis of the one-half cent sales tax
as a funding option, as well as an analysis of other
funding options.
Ti a EDTC will also be responsible for the development of
the charge ~o the formal EDC including, without limitation,
the following:
a) Conduct oral interviews with City Council members and
Chamber Executive Board members for purposes of annual
EDC effectiveness assessment.
b) Determine appropriate physical location for EDC headquar-
ters.
c) Conduct recruitment and make selection of CEO.
I
d) Hire experts/consultants for expeditious and professional
implementation of short term objectives, i.e., financial
analyses, econometric models, land planning, development
specialists, engineering, public relations, team build-
ing, and e:onomic development consultants.
e) Develop and implement five-year strategic plan.
f) Set measurable first year goals and establish priorities
for tasks.
g) Prepare pay structure, organizational design, job
descriptions, performance measures and incentives.
h) Monitor performance results and conduct performance
reviews of CEO.
i) Develop annual operating business plan and maintain
performance indices. Review quarterly and make adjust-
ments.
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r7cn~~ M.•m_
oar: /
j) Continually work at strengthening coalition with inves-
tors of economic development program.
k) Adopt internal operating policies.
1) Publish annual performance report.
M) Analyze and publish cost/benefit of efforts.
n} Develop periodic comparative analyses, i.e., land
purchases, infrastructure expenditures, etc.
o) Establish business retention and account management
ac:.ivities.
p) Develop and market industrial parks.
q) Meet with major land owners /developers to determine
desire, interest and plans for development.
r) Obtain firm market prices on parcels of land available
for industrial development.
s) Send requests for proposals to national brokers for
development of industrial parks.
t) Purchase, if appropriate, land and develop specific
buildings to meet goals.
U) Establish linkages with higher education institutions and
implement strategies to better leverage university
research and educational assets.
V) Interview corporate CEO's and invite input to process and
survey as to need for customized training programs.
w) Establish technical training center.
X) Establish brand image and develop marketing campaign.
y) Establish and strengthen strong ties and relationships
with Dallas and Fort worth chambers and the North Texas
Page 5
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AQw4 ko. Cab
49endi Item,~~
MIC,. -
Commission.
Z) Participate actively in metroplex MIDAS group.
aa) Develop first-class marketing video.
bb) Conduct high profile events (i.e, golf/tennis tourna-
ments, symphony/theater events) for stockholders and
development contacts and periodic special events/tours
for metroplex and national brokers and relocation
consultants,
cc) Conduct at least one international marketing tour each
year.
ARTICLE IV.
That the City and Chamber hereby amend Article 4 "Support
Services and Funding" of the Agreement, as amended to read as
follows:
4. Support Services and Fundincl The Chamber shall provide the
office space, equipment and support staff necessary to the
operations of the office. The City shall provide funding as
approved in the City's budget which shall be adopted on or
before the 20th day of September of each year. Of the amount
appropriated for each year, the City shall pay the Chamber
one-half on October 1st and the remaining half shall be paid
on the following April 1st. Thereafter, the City shall
provide annual funding in the amount appropriated for that
purpose by the City Council.
Any funds provided by Lhe City pursuant to this Agreement
shall be retained in an acccunt separate from the Chamber's
general operating fund, and shall only be used for the
purposes provided for in this Agreement. The Office shall
keep current and accurate records of all funds received and
,axpended, which shall be subject to inspection by the City at
all reasonable times.
The Chamber Economic Development Office shall provide
monthly status reports to the City on the progress of the
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Economic Development Program, which shall include a descrip-
tion of expenditures of the Office made with funds appropriat-
ed by the City. Annually, during the budget process, the
Chamber shall submit a program budget request to the City
Manager. The City shall then evaluate the progress of the
Chamber Economic Development Program and, at that time,
determine whether to continue appropriations to support the
Office the following fiscal year.
Special studies, research, travel expenditures and
operational expenses, including City administrative expenses
relating to support of the Economic Development Transition
Committee, will be funded as a line item in the 1995/96
Chamber office of Economic Development budget.
Until such time as the Economic Development Corporation
is formally established and in operation, the Chamber will
remain accountable and liable, through the direction of the
President, for fiscal management, disbursement of funds, and
supervision of Economic Development Chamber staff and fulfill-
ment of the original program goals.
ARTICLE V.
That save and except as amended hereby, that all the terms and
conditions, sections, sentences, paragraphs, and phrases of the
Agreement, as amended, shall remain in full force and effect.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized Mayor, and the
Denton Chamber of Commerce has caused this Agreement to be executed
by its duly authorized Chairman of its Board of Directors on this
day of 1995.
BOB CASTLESERi%f, MAYO
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Apmd~ No.
I •~s~A~ ~:.Il
1` - 4
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1 LIL~tu
AP VED TO LEGAL FORM:
HERBERT L. PROUTY, CITY A ORNEY
BY:
DENTON CHAMBER OF COMMERCE
BY : d~~& ~ ai~~ A
Charles {V. Carpe er
ATTEST : President
BY:
SECRE RY
E:%VPDOMMCH N' WED)
Page 8
V
Recommendations of the Economic Development Transit Ataomm~i -
to the Mayor and City Council of the City of Denton and e
f ~+5 `lip RYa' PRONSIONS
%
rtomlG Developmentot'poMetla~r of Denton
peratirig under u 4A - D.6416P pment (1:10rpor'stiorr Act of 1979 y
Name of Corporation
• Legal Name: Economic Development Corporation of Denton
• Doing Business As (d.~.a.)
Purpose
The Corporation is organized exclusively for the purpose of b -nefltdng and accomplishing public
purposes of the City of Denton, Texas, by promoting, z.)sisting and enhancing economic
development activities for the City as provided by the Development Corporation Act of 1979,
Texas Revised Civil Statutes Annotated Article 5190.6, as amended.
Without limiting the foregoing, the Corporation shall develop and implement a competitive
industrial (economic) development program for the Denton which will:
1. Expand the economy in order to provide the highest levels of job opportunities
and quality of life for all citizens;
2. Improve the city and infrastructure to attract and support development and
investment;
I Retain and expand existing businesses;
4. Diversify and broaden the tax base; and,
5. Protect the local environment and resources.
Registered Office and Ageqt
• The registered office for the Corporation shall be maintained in the Denton,
Denton County, Texas,
• The street address of the initial registration office is: 215 E. McKinney. Denton, Texas
• The name of the initial registration agent is:
• The names and addresses of each incorporature are:
• The board shall be authorized to establish additional offices in the city limits of
Denton.
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Board Composition
• Five voting members who serv.: at the pleasure of the c: y council.
• Board members will be selected based on interest in the work of the Corporation,
special expertise and civic service. Special expertise includes, but is not limited
to business skills in finance, accounting, law, personal credibility, business
accomplishments and interpersonal skills.
• Board member must reside in the city limits of Denton.
• No employee of the City or Chamber and no elected official may serve on the
Board.
Ex-officio Board Members
• All members of the city council.
• City council can appoint up to five ex-officio members who serve one-year terms.
• The Board may recommend individuals for service as ex-officio members.
• Ex-officio members shall be given notices of ail meetings, may participate in
discussions at board meetings, but shall not be entitled to vote.
Terms of Board Members
• Terms can be set as long or short as desired.
Recommend three years and staggered terms.
Terms limited to two consecutive three-year terms.
• Vacancies appointed by city council.
I
Board Attendance
• Special consideration can be granted for absences for good cause.
• City council advised and may remove any board member who is absent from
three consecutive regular meetings.
Ofters
• The Board shall appoint a president, a secretary, and otb:r officers the
Corporation as considered necessary.
Meetings and Quorum
• By law all meetings held within city limits.
• Regular meetings determ;ned by Board resolution but should have a mir!- Lm of
four a year.
2
t,
Benda tic.
':edr lien t~
Meetings and Quorum (con'd)
• Special meetings can be called by Board president or secretary or by three
members of th-. Board or the mayor of tie city.
• Annual meeting held the last quarter of the fiscal year - this meeting can held
concurrently with meeting of the city council.
• A quorum consists of three or more voting members.
• A majority of the board members present at a meeting at which a quorum is
present shall be sufficient to constitute the act of the Board.
• A board member may not vote by proxy.
Annual Audit, Budget and Program of Work
* Corpo- ation pa) s for an annual audit at the end of each fiscal year which is
submit M to the city council and manager.
• Conduct an annual performance evaluation detailing the corporation's achievement
of its prior goals and objectives.
• Budget, performance evaluation and next )car's program of work submitted to
city council for approval on a mutually agreed ;late.
• Activity reports submitted in writing to city council u , mutually agreed schedule.
Deposit and Investment of Corporate Funds
• All monies of the corporation shall be deposited and/or invested in accordance
with city policies.
• The board shall designate the accounts and depositories to be created and the
methods of withdrawal of funds.
• The investment and reconciliat)on of corporate funds may be performed by the
finance department of the city.
Staff Support
• May contract with the city to provide legal and finance services for the
corporation upon terms, conditions or compensation as mutually agreeable.
Contributions
• The board may accept on behalf of the Corporation any contributions, grant or
bequest to be used for the general purpose of or for any sp-xial purpose of the
Corporation.
3
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^:r,!I :m
Memberships
• With the approval of the city council, tt,e board may establish a membership
classification, requirements and annual dues structure. All membership dues
collected will be mai.,Wned in resid,.,ted accounts and will only be used with
approval of the city council.
Potential Confikt of Interest
• The Corporation shall not borrow money from or otherwise transact business with
a board member, officer or committee member without full disclosure of all
relevant facts and without the approval of the board.
General Powers
• Develop policies and operating procedures that do not conflict with city policy.
• Acquire or lease property (land or buildings) within the city limits (or the ETJ)
or, with council approval, outside the city limits.
• Plan, develop, improve and sell or lease land.
• Build or rehabilitate buildings for sale or lease.
• Sell or lease property by installment payments or otherwise.
• Make secured or unsecured loans or loan guarantees.
• May borrow funds and issue bonds with city council approval.
• Develop and implement financial/incentive programs to attract and retain
business.
• Sue or be sued in the corporation's name.
• Develop long-range goals and programs for the city and the corporation.
• Appoint standing or ad hoc committees which may include individuals who are
not members of the Board.
• Employee personnel as may be needed to conduct the business of t!ie Corporation.
• Contract for services necessary to conduct the business of the corporation.
• Market and promote the city and its amenities consistent with the purposes and
duties set out in the by-laws.
• Provide funding for v. to develop infrastructure.
• All other activities necessary to carry out the purpose of the Corporation.
4
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Open Meetings and Open Records ;anal Rem
0310
• All meetings and deliberations of the Board shall be called, co a and
conducted in accordance with the Texas Open Meetings Act.
• All records ihall be kept and administered in accordance to the Texas Opcn
Records Act.
1FUcal Year
• The fiscal year shall run concurrently with the 0scal year of the city (October 1
to September 30).
Amendments to By4awe
• Affirmative vote of three board members may alter, amend or repeal the by-laws.
Said amendments shall be effective only upon approval of the city council.
Indemnification and Insurance
• The corporation shall indemnify board members and employee.3
• The corporation may purchase and maintain insurance on behalf of any board
member or employee.
• Copies of all Insurance and bond policies will be filed with the city secretary.
Parliamentary Authority
• Robert's Rules of Order, Newly Revised, or specific rules adopted by the city
council or the Hoard.
Dissolution of the Corporation
• Upon dissolution, all the corporation's assets shall be distributed to the city.
5
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CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. MCKINNEY DENTON, TEXAS 76201
(817) 566-8200 DFW METRO 434-2529
CITY COUNCIL REPORT FORMAT
To: Mayor and Members of the City Council
i
From: Rick Svehla, Acting City Manager
Date: January 17, 1996
Subject: 1995 I.M.A.G.I.N.E. (Improving My Abilities Guarantees Incredible New
Experiences) Program
RECOMMENDATION
No action required.
SUMMARY
Receive a report from the Parks and Recreation Department on the award winning
I.M.A.G.I.N.E. program and view a video. The report will include the goals, program features, 1
accomplishments, demographics, evaluation of the first year, future plans, and status of current
year program.
BACKGROUND
Dr. Ruth Anderson of Denton bequeathed to the Denton Parks & Recreation Department the sum
of $30,487, with the stipulation that it be used for programming for youth-at-risk. The decision
was made to develop a program that provided a significant experience for a small group of teens
over an extended period of time. The I.M.A.G.I.N.E. program's first year of operation was
January-August 1995. I.M.A.G.I.N.F. which is an acronym for improving My Abilities
Guarantees Incredible New Experiences, provided the opportunity for 12 at-risk teenagers, ages
14-17, to participate in a program designed to develop and improve their self-esteem, education,
lzadership skills, social responsibility and decision-making abilities. Points were awarded for
participation in all activities and school grades. All participants who earned 500 points went on a
4 day/3 night trip to Washington, D.C. in August.
"Dedicated to Quality Senice"
S
1
AWda I,*.
l-~ E0-<e
The initial bequest will fund the operation of the program for a second year. nor er to
perpetuate I. M.A.G.I.N.E., fundraising, efforts and grant solicitation will cojitinue. Applications
for the 1996 program were accepted in November and December, 1995. Interviews of potential
candidates were held in December and January and the new group of i.M.A.G.LN.E. participants
will begin meeting on January 25, 1996.
PR AMS, DEP RTb NTS OR GROUPS AFFECTED1
Parks and Recreation Department
FJSCAL IMPACT
This program is funded by a $30,487 bequest from the Ruth Anderson estate.
RESPECTFULLY SUBMITTED:
Rick Svehla, Acting City Maaager
Prepared by:
Ed Hodney, Di recto
Parks and Retreat on Department
Approved:
/A~
Betty McK Executive Director
Municipal Services/Economic Development
1
The Dallas-Fort Worth Metro Area
Parks and Recreation Directors Association
IL
takes pleasure in presenting the
INNOVATION A WARD
to
n~anarl~s ~rQQ*en
in recognition of the "'1/kA,Z r?
, an innovative
program that enhances the overall quality of the
City's parks and recreation program
Majew&?•~" 1995 CH AMMAN
,~,w
DATE D/FW METRO ARM ?AM AND
RECREAT M DRECrOILS AMOMTXW
I
Students earn trip to Washington, D. C.
By Jsssloa DeLeon New Experiences, have met ev. Part of that comes from the
surrwriter Participants ery week mince January to past activities they had to partici-
Eighteen-yea r-old Henry Students who participated In ticipate in the project and hm pate in. Projects included cul-
Cruz used to consider himself the IMAGINE program: accumulated points for sack tural activities, going to see
ally and uncomfortable around 4WsM Clark, Henry Cruz, event they attended, Students plays such as "Grease" and vls-
people. April Garrett, Veronica McBeth, who earned up to 600 points, iting Science Place in Dail",
But now Mr. Cruz says he's Krystl Payne, Jason Reese, Kevin which included eight of the which broadened their experi
ready to travel with seven oth. Sanford a,d Sara Were participants who went through ens. Fund-raisers, such as cat
ers to Washington, D.C., for the entire program, earned the washes, helped them learn how
the first time - and that takes ing the trip as their goal, the trip to Washington, D.C. r It. to work with others. IMAGINE
more self-confidence than he students said IMAGINE has Thinking back to when the was funded by the Ruth Ander-
aver thought he would have. helped them gain self-esteem son estate and, as a way to du-
He credits that thane to and res Program began in Jaa~,
Y pact toward others. Part and Recreation coordipa- plicate her generosity, the stu-
IMAGINE, a program spon- "It really helped me work for Brenda Burton said 'It dents participated in
sgnd by the Denton Parka and harder toward my goals," said awkward The kids didag wAs
community service projects,
Recreation Department de- Cruz, who has plans on beans- each other. such as Keep Denton Beauti•
signed to help at-risk youth be- ing a lawyer. 1W, to serve others.
tween the ages of 14 and 17. Students In IMAGINE, "I've seen it lot of chsngw for Tbs students said the pro-
By participating in projects which stands for Improving My the positive," she slid!.
throughout the year and hav- Abilitias Guarantees Incredible 'They've grown as individuals.' See 11UP/3A
TO
From/tA you --ere doing something," he
jects have helped tremendous- said.
ly. The students will spend
"It helped me improve my Thursday through Sunday in
abilities," said 14-year-old Ve. the nation's capitol, where they
ronica McRath. "It kept me out will visit George Washington
of trouble and it helped me University, the Capitol and the
make better grades.' monuments. Congressman
Monisha Clark, 17, said, "It Dick Armey arranged a guided
helped me build up my self- VIP tour of the White House
esteem. It made me be more for the group.
committed to my schoolwork' Ms. Burton pointed out that L'
One of the self-esteem boost- the trip may not have been at-
ers also served as a fund-rais- tainable in any other way for
er. Each student had to sell some of the students - and
"stock" in themselves to help helping them get to the na- 1
raise money for the program, tion a capitol brings its own ex- i
and Kevin Sanford lb, sold citement.
$80 worth of stock in himself. "l will get to see it terougb ~
Each person who bought stock their enthusiasm,' she sa-°d.
received a certificate indicating
they had invested in the stu-
dents' efforts. Each stockholder
is invited to a spaghetti dinner
later this month.
"it made you kind of proud
s
LAWda No
{ WY 41 DENTON, TEXAS MUNICIPAL BUILDING 215 E McKINNEY DENTON, TEXAS 76201
(817) 566.8200 * DFW METRO 434.2529
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Offi ,er
DATE: January 19, 1996
SUBJECT: 1996-97 CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE
Each year the City budget process begins with the completion of a Budget Priority Questionnaire
by City Council. Because City Council direction is essential to guide the budget process, your
help is needed to prepare the 1996-97 questionnaire.
Please review the attached list of possible service areas to be included in the 1996-97 Budget
Priority Questionna re, and be prepared to make any suggestions and additions or deletion an
January 23, 1996 dtuing the discussion of the questionnaire. The Budget Priority Questionnaire
will be distributed to City Council on January 26, 1996 and will be due back to the budget office
by February 2, 1996.
If I can provide you with additional information please let me know. Thant: You.
JF:lb
Attachment
"Dedicated to Qua), Service"
F
PRIORITY QUESTIO VNAIRE SERVICE AREAS
PUBLIC SAFETY TYPE SERVICES INTERNAL TYPE SERVICES
POUCE PATROL LEGAL SERVICES
CRIME INVESTIGATION INFO/DATA PROCESSING SERVICES
DRUG ABUSFJENFORCEMENT PROGRAMS RISK MANAGEMENT
COMMUNITY ORIENTED POUCING (COPS) INTERNAL GAUDIT EM SERVICES
PARKINQ/TRAFFIC ENFORCEMENT PERSONNEL RECRUITMENT
FIRE PREVENTION EMPLOYEE TRAWING/DEVELOPMENT
EMERGENCY MEDICAL (AMBULMCE)
FIRE SUPPRESS ON WORKFORCE DIVERSITY
EMERGENCY PREPAREDNESS (MANAGEMENT) OTHER SERVICES/ISSUES
ENVIRONMENTAL HEALTH (INSPECTIONS, ECT.)
ANIMAL CONTRIBUTNCENTIVE9 FOR DEVELOPMENT
CONTROL CURRENT HOTELIMOTEL TAX CONTRIBU'nCNJS
MUNICIPAL COURT EMPLOYEEUTIUTY INCENTIVE RATES
JUVENILE JUSTICE SYSTEM ECONOMICUTIUTY INCENTIVE LINES
(TAX ABATEMENT, ETC.)
PUBLIC WORKS TYPE SERVICES UTILITY TYPE SERVICES
STREET MANTENANCE/REPAIR LANDFILL
STREET CONSTRUCTION/REBUILDINO SOLID WASTE COLLECr10N
STREET SWEEPING STOR" DRAINAGE IMPROVEMENTS
TRAFFIC LI WA; TE*VATER TREATMENT PLANT
AIRPORTO DEVE EVELOPMEN/ENGINEERING MENT WATER STORAGEJRESERVES
UTTER PROGRAMS
COMMUNITY DEVELOPMENT TYPE SERVICES ELECTRIC TRIC RE S EFFORTS
PUBLIC TRANSPORTATION (SPAN, ETC.) TELECOMMUUNI NI CCAAT T
NEIGHBORHOOD SERVICES (NICE, ETC.) IONS SYSTEM
DOWNTOWN REDEVELOPMENT (MAIN ST, ETC.)
LOW & MODERATE INCOME HC+JSING
LONG RANGE COMPREHENSIVE PLANNING
DEVELOPMENT REVIEW PROCESS
CITY BEAUTIFICATION
(PARKS, FAOUTIES, MO) ANS)
CODE ENFORCEMENT
DEM(YJTION OF SUBSTANDARD BLDG
SIGN VIOLATIONS
HIGH WEEDS/DF.BRIS VIOLAI IONS
BUILDING INSPECTION
PARKS AND LEISURFAJBRARY TYPE SERVICES
NEW PARKSMARK EXPANSION
(IN NEIGHBORHOOD, COMMUNITY)
PARK MAINTENANCE
(ATHLETIC FIELDS. MEDIANS, MOWING)
NEW ATHLETIC FIELDS
BICYCLEIHIKING TRAIL DEVELOPMENT
GREENBELT SYSTEM PLAN NING/DEVLOPMENT
RECREATION CENTER PROGRAMS
SENIOR CITIZEN PROGRAMS
YOUTH RECREATION PROGRAMS
NEW ATHLETIC PROGRAMS
CIVIC CENTER MAINTENANCE
LIBRARY PROGRAMS (IN GENERAL)
LIBRARY EXPANSION
UBRARY YOUTH/CHILDREN'S PROGRAMS
LIBRARY REFERENCE SERVICES
UBRARYAUDIOMSUAL SERVICES
c:u r rw n+aPna+an~noossrxnFt nT anv.wxi
n
CITY OF DENTON, TEXAS MUN10PAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM, Rick Svehla, Acting City Manager
DATE: January 19, 1995
SUBJECT: Resolution Authorizing the City Manager To Execute An
Agreement With the Department of Transportation
RECOMMENDATION:
Staff recommends the adoption of this resolution.
BACKGROUND:
In April, 1995, Staff made application for an urban area formula
grant to fund public transportation services in Denton. This
assistance is authorized by the Secretary of Transportation and
funded under the Urban Mass Transportation Act of 1964, as amended.
The applicable legislation, section 9, is administered under the
auspices of the Federal Transit Administration (FTA).
On January 5, 1996, the FTA notified the City that our grant
request in the amount of $422,552 had been approved. This funding j
includes $40.90n for planning, $215,000 for operations, and
$161,600 for capital. The capital funds will be used to purchase
two lift equipped vehicles and replacement route signs. Also
included is $5,152 in capital for the City's participation in the
demonstration Ozone Alert program.
Funding as approved is to be used during the FY 195-96, which runs
from October 1, 1995 through September 30, 1996.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Citizens of Denton who use public transportation.
FISCAL IMPACT:
Costs associated with the funding of public transportation services
in the City of Denton will be funded in r-Nrt by the Section 9 Grant
totaling $422,552.
"Dedicated to Quality Service'
Agnda No.
ACenda t!fi _
Please advise if I can provide additional infor Q.....,.__
RESPECTFULLY SUBMITTED:
R ck Sveh a
Acting City Manager
Prepared by:
4siph
Portugal
stant to the City anager
i
Attachments: 1. Notification of Award
2. Resolution
r
4ocnda Pa.
rcada lum
om...
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(Form FTA G-2, October 1, 1995)
Upon execution by the Grantee narred below, the U.S. Department of Transportation, Federal
Transit Administration (Federal Government or FTA) and the Grantee have entered into this
Grant Agreement. This Grant Agreement covers the Project described below. In addition, the
following documents are incorporated by reference and made part of this Grant Agreement:
(1) "Federal Transit Administration Master Agreement," Form PTA MA(2), October 1, 1995; and
(2) Any Award notification containing special conditions or requirements, if issued.
THE FEDERAL GOVERNMENT MAY WITIIDRAW ITS OBLIGATION TO PROVIDE
FINANCIAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT
AGREEMENT WITHIN 90 DAYS AFTER AWARD.
FTA HEREBY AWARDS A FEDERAL GRANT AS FOLLOWS:
Project Number: TX-90-X343
rganig: CityofDenton
Designated Reci i nt: City of Denton
Citation of Statute(s) Authorizing ProjW: 49 USC § 5307
Estimated PF9ject Cos, t: $689,440
Maximum Federal Funds Anosved jlncluding All Amendments]: $422,552
Amount of This Federal Assistance Award: $422,552
MWmum Percentage(j)) of Federal Participation: 80°/. capital, 8VIe planning, 50% operating
Date of Department of Labor Certification() of Transit Employee Protective Amp-Sements:
Ori 'nga al Projet-t or Certification Date
[Amendment Number)
0 5/23/95
1
2
3
r
~~enQ~ Mo.
Vt. 1r
Project Description:
See Approved Project Budget
Conditions of Award:
None
dAK 0 b N 3
OBLIGATION DATE FTA AUTHORIZED OFF
EXECUTION OF GRANT AGREEMENT
This Grant Agreement may be simultaneously executed in several counterparts, each of which
shall be deemed to be an original having identical legal effect. After the FfA Authorized Official
has signed this Grant Agreement, the Grantee should then execute this Grant Agreement.
The Grantee, by executing this Grant Agreement, ratifies and adopts all statements,
representations, warranties, covenants, and materials submitted by it; accepts the Federal
Government's grant award; and agrees to all terms and conditions of this Grant Agreement.
i
Executed this dayof~ 19
ATTEST: By;
TITLE AND ORGANIZATION TITLE AND ORGANIZATION
f
L
R
E . 't'~'P C{'CS\FE51'JFETN. yr'S
Agenda K0. _
1- 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA,
FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Secretary of Transportation is authorized. to
award grants for a mass transportation program of projects and
budget; and
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, sucn as the City of Denton,
including the provision by it of the local share of the project
costs in the program; and
WHEREAS, the U.S. Department of Transportation requires, in
accordance with the provisions of Title VI of the Civil Rights Act
of 1964, as amended, that the applicant give an assurance that it
will comply with Title VI of the Civil Rights Act of 1964 and the
Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority
business enterprises be utilized to the fullest extent possible in
connection with the project, and that definite procedures shall be
established and administered to ensure that minority businesses
shall have maximum construction contracts, supplies, equipment,
contracts, or consultant and other services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is authorized to execute an
,reement on behalf of the City of Denton, Texas, with the U.S.
Department of Transportation, .o aid in the financing of planning,
capital and operating assistance projects pursuant to Section 9 of
the Urban Mass Transportation ACL of 1964, as amended.
SECTION II. That the City Manager is authorized to execute
and file an assurance or any other document required by the U.S.
Department of Transportation effectuating the purpose of Title VI
of the Civil Rights Act of 1964.
SECTION III. That the City Manager or his designee is
authorized to furnish such additional information, assurances, or
certifications as the U.S. Department of Transportation may require
in connection with the program of projects and budget.
SECTION IV. That the City Manager is authorized to set forth
and execute affirmative minority business policies in connection
with the program of projects and budget; procurement needs for
transportation.
S
7
SECTION V. That the City Manager is authorized to execute
grant agreements on behalf of the City of Denton, Texas with the
U.S. Department of Transportation for aid in the financing of ti:e
planning, capital, and operating assistance program of projects and
budget, and to expend the necessary funds as may be required by the
condition of the grant.
SECTION Ttat this res)lution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
A: woaLocoM.oao
;.panda I:o.
AaWs Item 55 poL(
ORDINANCE NO.
AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTE-
NANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY
WORLDCOM NETWORK SERVICES, INC. ACROSS, OVER AND UNDER CERTAIN
HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF DENTON; PROVIDING
FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT
HEREWITii; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, WorldCom Network Services, Inc., a Delaware
corporation, hereinafter "WorldCom" desires use of certain public
rights-of-way within the City of Denton for the purposes set forth
below pursuant to the provisions of the laws of the State of Texas,
including, but not limited to, Article 1416 V.A.C.S.; and
WHEREAS, the City Council has determined that it is appropri-
ate to grant the following license to WorldCom; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I That the City of Denton (hereinafter the "City")
hereby grants to Worldcom and its successors and assigns, for the
full term of twenty-five (25) years commencing January 1, 1996, a
license to acquire, erect, construct, replace, reconstruct,
maintain, use and operate in, Dver, under, along and across certain
streets of the City (hereinafter the "public right-of-way") all
necessary or desirable wires, cables, underground conduits, man-
holes or other structures or appurtenances (hereby the "facility"
or "facilities") in connection with a long distance
telecommunications system or systems (not including cable televi-
sion, local exchange telephone service, and intra-LATH services for
video dial tons, video common carriage services or personal
communications services) that provides long distance tele-
communications service (hereinafter the "system"), subject to the
provisions nshall this
use pursuant to this ordinance shall be that aportwhich
ion
of the City street system extending for a length of approximately
nine thousand eight hundred eighty-two (9,882) feet. The route is
shown on Exhibit "A" attached hereto and incorporated herein for
all purposes incident hereto.
SECTION II. The work done by WorldCom in erecting, construct-
ing, replacing, reconstructing, maintaining or repairing the system
shall be subject to and governed by all laws, rules and regulations
of the City and State of Texas that are applicable to insuring the
work done does not inconvenience the public in the use of the pub-
lic right-of-way, including but not limited to the following:
J
AWdj No. Apendl Item q(e
A. Prior to const:"u Ctlc.. 1-7 911' ciQ:llfi:7: ~ ~ -
system which Cutting O
other such disruption of City right-of-e.ay er City prop-
erty after the effective date of :his ordinance, WorldCom
shall submit engineering plans t^ the City for review and
approval, pursuant to the standards generally applicable
to requests for the privilege to use the public right-cf-
way, including the City's utility location and coordina-
tion policy. Approval of such plans will not be unreascn-
ably delayed, withheld cr denied by the City.
B. All excavations and other construction in the streets
shall be so carried out 3s to interfere as little as prac-
ticable with the surface use of the streets and sidewalks
and with the surface use of private prcperty, in accord-
ance with any lawful and reasonable direction given by or
under the authority of the gcverning body of the City
under the police and regulatory powers of the City neces-
sary to provide for public convenience. WorldCom shall
promptly restore all public right-of-way excavated by
WorldCom to substantially the same condition as before
such excavation and to the reasonable satisfaction of the
City. WorldCom shall comply with all other construction
requirements of the City and its Directors of
Transportation/Public Works and/or Utilities Departments
with respect to hours of construction operations in peak-
busy traffic hours, barricading requirements and/or any
other reasonable construction rules which may be lawfully
promulgated.
C. Except in an emergency, WorldCom shall not ex.,avate any
pavement in any public right-of-way or significant amounts
of any unpaved public right-of-way without first securing
the permission of the City, but such permission shall not
he unreasonably delayed, withheld or denied if the pro-
posed excavation is in accordance with the terms of this
ordinance. The City shall be notified as soon as practi-
cablF: regarding work performed under emergency conditions.
D. The City shall have the power at any time to order and
require WorldCom to remove or abate any facility that is
dangerous to life or property, and in case WorldCom, after
written notice, fails or refuses to comply within a
reasonable period of time, the City shall have the power
to remove or abate same at the expense of WorldCom, all
without compensation or liability for damages to WorldCom.
SECTION III. The City reserves the right, subject to further
conditions described in this paragraph, to lay and permit to be
laid sewer, gas, water and other pipelines or cables and conduits
and to do and permit to be done any underground and overhead in-
stallation or improvement that may be deemed necessary or proper by
the governing body of the City of Denton in, across, along, over or
under any public right-of-way occupied by WorldCom to change any
curb or side-walk or the grade of any street, provided, the city
PAGE 2
4
AOenQt Np'~
'1#fld3 Pen
agrees to ut Lze 1
s tier - stem d
fsr ❑c'Ificatic: ut:__ s Ana -:ztn:~ tna
prior to cond!~ct r ,
ing any such activities. -
In U--rm:tL Rg SUCK w I"}: done, the City shall not be
liable t World•_-_- foz any risr,ages so caused, nor shall the City he
liable to WOYIdCc,m fcr any da~a_-=s arising oat of the performance
of said work by the city cr its 1-c.nsees, invitees, contractors or
subcontractors; provided, however, nothing nerein shall relieve any
other person or corporation fre^. liability for damage to the facil-
ities of the system. If the City requir?s WorldCom to remove,
alter, change, adapt or conform its facilities because of changes
in the grade of a street or in the location cr manner of construct-
ing a water pipe, sewer pipe or other .r-Aerground or aboveground
structure owned by the City, WorldCom shall make the alterations or
changes as soon as practicable when ordered in writing by the City,
without claim for reimbursement or damages against the city. If
these requirements impose a financial hardship upon. WorldCom,
WOrldCom shall have the right to present alternative proposals for
the City' s consideration. If the City requires WorldCom to remove,
alter, change, adapt or conform its facilities installed hereunder
to enable the City, to use, or to use with greater convenience,
such public right-of-way, then City shall not be 1`.able for any
reimbursement, loss and expense which will be caused by, or arise
out of, such removal, alteration, change, adaptation or conformance
of WorldCom's facilities.
SECTION IV. In the event that the governing body of the City
of Denton authorizes abutting landowners to occupy space under the
surface of any public right-of-way after the adoption of this
ordinance, such grant to abutting landowners shall be subject to
the prior rights of WorldCom described in this ordnance.
SECTION V. In the event that the governing body of the City
of Denton closes or abandons any public right-of-way which contains
the facilities of WorldCom installed hereunder, any conveyance of
land contained in such closed or abandoned street, alley, highway
or public place shall be subject to the rights of WorldCom
described in this ordinance. In the event that any portion of the
public right-of-way that includes facilities of the system become
the subject of condemnation proceedings, it is agreed that
WorldCom's property rights and interest in such public right-of-way
shall be severed from the City's interest in such proceedings and
any such condemnation awards shall be specifically allocated
between WorldCom's interest and the City's interest. The City
shall notify WorldCom within a reasonable time of any condemnation
action (or threatened action) filed against the public right-of-way
that affects any facility of the system, or any proposed sale in
lieu of condemnation.
SECTION VI. WorldCom shall indemnify and save and hold harm-
less the City and all of its officers, agents and employees from
all suits, actions or claims of any character, style and descrip-
tion, brought for or on account of any injuries or damages, inclu-
ding death, received or sustained by any person or any property
PAGE 3
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f
Aogn6 No.
A?enda Item
occasioned by, or arising out of _r in con,;_:c
erection, construction, location, replacement, reconstruction,
repair, maintenance cr operation of WorldCom's system; and WorldCem
will be required to pay any judgment with costs which may be
obta'r.ed a .W st the City arising out of such injury or damage;
provided, "ver, that the City shall notify WorldCom of any
pending act':,i or suit which may affect WorldCom under the terms of
this agreement.
SECTION V11. The governing body of the City of Denton and
its City Manager shall have the right to be kept fully informed as
to matters pertaining in any way to WorldCom's exercise of its
rights under this ordinance, including the -erection, construction,
location, replacement, reconstruction, maintenance, repair or
operation of the facilities of the system i_i Denton. WorldCom
shall provide to the City complete and acc%rat,~ "as-built" drawings
describing the location of facilities of the system in Denton. The
"as-built" drawings shall provide for separate and specific
identification of those facilities of the system that are located
in the public right-of-way. Any and all "as-built" drawings
required by this ordinance shall be provided to the City. Worldcom
shall fully cooperate making available its "as-built" drawings.
SECTION VIII. Any notice or communication required in the
administration of this ordinance shall be sent as follows:
City Secretary
Denton City Hall
215 E. McKinney
Denton, TX 76201
with copy to:
City Manager
Denton City Hall
215 E. McKinney
Denton, Texas 76201
Notice to WorldCom Network Services, Inc. will be to:
WorldCom Network Services, Inc.
2600 Bank of Oklahoma Tower
Attn: Right-of-Way Department
Tulsa, OK 74172
PAGE 4
r
r
OenG
IfO.
~?en?a lrem
with copy to: 01ri~~
Estill, Hardwick, Gable, Golden & Nelson
320 South Boston Avenue, Suite 400
Tulsa, Oklahoma 74103-3708
or to such other address as may designate from time to time by
written notice.
SECTION IX.
A. WorldCcm shall make an initial one time payment of $10,000
for the privilege granted hereunder, payable as set forth
below. WorldCom shall make twenty-fi/e (25) annual
payments beginning en or before January 1 of each of the
next twenty-five (25) years at the rate of not less than
$1.15 Per linear foot of City-owned
right-of-way used per
year (a distance of 9,882 feet as shown on Exhibit "A"
attached to this ordinance), as determined from the "as-
built" drawings to be. provided by World^_cm to the City in
accordance with Section 1 of this ordinance.
The above fees shall be adjusted on a percentage basis and
proportionally to the percentage change in the Implicit
Price Deflator for Gross National Product as determined by
the Federal Reserve Bank of St. Louis, at one (1) year
intervals during the course of this ordinance. WorldCom
shall be notified of the adjustment forty-five (45) days
prior to the date said fee is due under this ordinance.
The base for the adjustment shall be the Implicit Price
Deflator for Gross National Product as determined by the
Federal Reserve bank of St. Louis reported for the first
quarter of the calendar year in which the annual payment is
due. This ordinance is intended to grant use of the public
right-of-way only in connection with the uses )rescribed I
hereunder.
The fee payment shall be exclusive of and in addition to
all general municipal taxes of whatever nature, including
but not limited to ad valorem taxes for public improvements
except as hereinafter provided.
B. The initial one time fee of Ten Thousand dollars
($10,000.00) shall be paid to the City of Denton within
thirty (30) days after the effective date of this
ordinance. The twenty-five annual payments shall be made
on or before January 1 of each year of the twenty-five year
license beginning on January 1, 1996. The fee is payable
to "City of Denton" and shall be directed or delivered to
the- Executive Director of Finance.
C. The fee established in Section 9A hereof shall not be
affected by any relocation of WorldCom facilities required
by the City pursuant to this ordinance.
PAGE 5
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1"01 Y
;•rd~ 1';m
Eta;:
SECTION X_ The rights grante,7 by this crdir.ance inure to the
benefit of WorldCom, and any parent, subsidiary, affiliated or
successor entity now or hereafter ex.i-:ting. The rights shall not be
assignable without the express written, consent of the governing body
of the City of Denton, except WnridCom may assign its rights under
this ordinance to a parent, subsidiary, affiliate or successor
entity without such consent, so long as (i) such parent, subsidiary,
affiliate or successor assumes substantially all of the obligations
of WorldCom hereunder, and (ii) is bound to the same extent as
WorldCom hereunder. Such consent shall not be capriciously or
unreasonably withheld, delayed or conditioned. Any required consent
is to be evidenced by an ordinance or resolution of the governing
body of the city that fully recites the terms and conditions, if
any, upon which consent is given.
SECTION XI. WorldCom, without the consent of the City, shall
not lease any of the public right-of-way it uses in connection with
its system, to any nen-WorldCom company, provided that WorldCom
shall have the right to lease or dedicate its system or any portion
thereof, or otherwise make available facilities of the system to
other companies in the ordinary conduct of its business as a long
distance telecommunications company, so long as WorldCom retains
responsibility for servicing and repairing the facilities of its
system. Notwithstanding the foregoing, WorldCom will not lease any
conduit space in the system to any nun-WorldCom company for the
placement of any additional cable without the express written
consent of the City wi•ich consent shall not be unreasonably withheld
or delayed.
SECTION XII. World bm has the option to renew this license
for an additional twenty-five (25) year period upon 180 days written
notice prior to termination of the original license. The renewal of
this license is contingent upon WorldCom and city mutually agreeing
to the amount of the annual payment during the option period. Such
annual payment shall not exceed the charge that other licensees are
remitting to City for similar right of way uses.
SECTION XIII. The Director of Public Works or his duly
authorized representative is the principal City official responsible
for the administration of this ordinance, and Worldcom recognizes
that questions regarding the interpretation or application of this
ordinance shall be raised initially with thac designated official.
SECTION XIV. This ordinance shall be cumulative of all provi-
sions of ordinances and of the Code of the City of Denton, Texas, as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION XV. It is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
PAGE 6
s
2
unconstitutional by the vali3 judgr:ent or dccr 0"$f-~~ ofy
competent jurisdiction, sack: s a
y
Of t:.°_ remaining phrases, :::auses, paragraphs and sections
of this Ord:..^.ance, Since tl,e same 'h :ld 1' =en enacted by the city
Council withcut the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION XVI. The City Secretary of the City of Denton is hereby
directed to engross and enroll this ordinance as required by law.
SECTION XVII. This ordinance shall take affect and be in full
force and effect from and after its aassage, and it is so ordained.
PASSEL) AND APPROVED this the day of 1995.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Accepted:
WORLDCOM NETWORK SERVICES, 1NC.
BY:
Title
ATTEST:
CORPORATE SECRETARY
BY:
PAGE 7
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a~ene, nna
tHto
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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or servicE.; as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the follm4ng numbered bids for materials
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, ar: hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1819 1,6 ALLEN SAMUELS DODGE $ 85,225.00
1819 5 ALLEN SAMUELS AUTOPLEX $127,932.00
1819 7 PRESTIGE FORD $ 15,199.00
1819 8 HUDIBERG CHEV. $ 25,086.00
SECTION 11, 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.
SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
1
1
SECTIOMLV. 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 immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:.________ -
S UPPL Y.ORD
DATE JADN9i<~
Apend! ltem,,
CITY COUNCIL REPORT R+ta., j~ ot3~ - %
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # [819 -FLEET VEHICLES
RECOMMENDATION; We recommend this bid be awarded to the lowest bidder meeting specifia.tion
for each type vehicle as listed below:
DESCRIPTION OTY VENDOR PRICE EXTENDED
I . '/2 Ton P/U SWB 5 Allen Samuels Dodge $12,998 EA $ 64,990.00
5. 1 Ton Cab/Chassis 6 Allen Samuels Autc;;lex $21,322 EA $ 127,932.00
6. 1 Ton Van 15 Pass. 2 Alen Samuels Dodge $20,235 EA $ 40,470.00
7.3/4 Ton Cab/Chassis I Prestige Ford $15,199 EA $ 15,199.00
8. 1 Ton 4 Door Crew Cab I Hudiberg Chev. $25,086 EA 25,086.
00
TOTAL AWARD $ 516,281.00
SUMMARY: This bid is for the purchase of 15 vehicles for the City of Denton Fleet. The units were
approved for acquisition during the 1991'.96 budget process. Fourteen (14) units are motor pool
replacements and one unit is a fleet addition. The old units will be reviewed by the Fleet Operations
Division and reassigned to a lighter duty or sold at public auction.
We also recommend that bid items 2, 3, 3A and 4 be purchased from the State of Texas General Services
Commission. Utilization of the lower price offered by the State of Texas General Services Commission
Cooperative Purchasing Program on items 2,33A and 4 yields a savings of $10,877.00, See State
Purchasing General Services Commission Ordinance.
As in past bids, we find that in some instances we are able to beat the State Contract Prices for specific
items, However, due to specification requirements that is not always the case.
It is our intent to present to all prospective bidders a fair and equal opportunity to do business with the
City of Denton and to recommend award in full compliance with the law and in the best interest of the
tax payer and rate payer.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Various departments utilizing the new
eq:iipment, Fleet Operations and City of Denton Motor Pool.
New unit assignments inducting General Services Commission Units
Water Meter Shop I Electric Meter/Substation 6 Animal Control I
Building Inspection 4 Parks-Recreation 2 Solid Waste I
Street Maintenance 3 Water/Sewer Field Serv. 3 Drainage 2
WWT Plant f Electric Distribution 3 Park Maintenance 3
Facility Management I
CITY COUNCIL REPORT Ealt7JANUARY 23, 1996
PAGE 2 OP 2 ) Iten S
FISCAL IMPACT: Funds for the purchase of these vehicles will come from a combination of 1995/96
budget funds, Motor Pool replacement funds and Motor Pool Lease/Purchase funding,
Respectfull submitted: % Rick 4 Svehla
Acting City Manager
Approved
Name: Tom D .Shaw, C.P.M.
True: Purchasing Agent
683.ACENOA
t
a
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J
~BlDa9 1819 I
OTHER
BI N M Fleet Vehicles HUDISURG VILLAGE ALLEN BILL PRESTIGE MAXWELL STATE OF
PAGE IOF2 CHEVROLET! FORD SAMUELS UTTER FORD DODGE TEXAS
N December 6, 1995 N. LOOP FORD CONTRACT
I DODGE I _ PRICES
DESCRIPTION VENDOR VENDOR _ VENDOR VENDOR _ VENDOR VENDOR VENDOR
t '
1 7.0_ 0 S1J 39 0.00_
S T112 1l2 Ton Ton Plcku Pickup LWB SWB _ $
511 35,284.00 89 514190.00! $13 819.00' i13~68.00$43,314.00.__ 113 306,00
$14,696.00_ $13,999.00
17 314 Ton Pickup LWB• A/C _ $16,773.00 $15900.00 }I _ $17,764.00 $16,602.00 $16,679.00 _ $14,683.00
A ~1S 314 Ton Pickup ExLCab;AC _ 318,634.00 $19,230.00 578 014.00' _116 088.00 518,199.00
7 - - - - -
314 FIeatsId9 Pickup 4x4 ! $19,286.00 NIB _ $20,747,00 $19,479.00 NIB - - 318,149.00
- ---1 Ton CablChassis
5._ _ 6 15,000 GVW, 84 CA Diesel_ $21,656,001 $23,490.00 NIB_ _ $22 406.0 0 522,769.00_ , $22,957.00,
6. 2 1 Ton 16 Passenger V_an $21,372 00 ~521,090~00 520,235 00: 520,895.00 521,057 00 6$20,0-0-6-8-41
--314 Ton Cab/Chassis
7. 1 60" V-8 GVW 8800 $17,230.00 i $16,242.00 + $17,555.0015,666,00; ice- $15,512,00
8. 1 1 Ton 4-Door Crew Cab $26,066.00 $26,990.00 NIB $25,792.00 N)B $25,094.00
I -t•
T Delivery In Days,,, 90 35.110 60.90 160 60.90 90 90
l 'Falls to
meet spec
for cloth
seats
! I
t
I I
I I
S
Q
fr
4
~B 1819
B A Fleet Vehicles RED JIM CLASSIC METRO ALLEN PERMIAN
PAGE 2OF2 MCCOMBS MCNATT CHEVROLET FORD SAMUELS AUTOS
E December 6, 1995 PONTIAC DODGE AUTOPLEX
GMC
DESCRIPTION _ VENDOR _ VENDOR_ VENDOR VENDOR VENDOR, - VENDOR
112 Ton Pickup SW8 _ $14,302.00 $13,861.641 NIB $13,687.50 $13,848.00
~ 112 7 on Pickup LW8 T116 719.00, $15,105.44 NIB $14,500.00_ $15,430.00 s13 761.00
314 on cup B; IC $117128700 $1738816; N18 I $17175_00: $16,850.00
3A. 1 314 Ton Pickup Ext. Cab; A/C $19,013 .00 NIB
~ NIB $18,761.00 $18,630.00 $17171.00
4. 3 314 Fleets ida E[c, 4x4 -,,_______$19,829.00 $19,851.62 NIB $20_,950_00 $19,590.00 _
'
1 Ton CablChassis _
5. 6 15,000 GVW, 84 CA Diesel $22 150.00 NIB $22 374.00 $23,995.00 $21,322.00
-7 --t
1 I ,
6.
2 1 Ton 16 Passenger Van T $22,083.00 $22,337.36! $21,842.001 $22,995.00! - $21,750.00
314 Ton Cab/Chassis -
7_ _ 1 _ 60" V-8 GVW 8800 _ $17 165,00 $17,420_681 $16,586.00; _ $17,495.00 $16700.00
8_ _ 1 1 Ton 4-Door Crew Cab $25,483.001 NIB $2§,868.00 _ $27,995,00 $26L210.00
- - - 1. _
Delivery In Days 90.120 - 60.90 75.90 1 60.120 80-120 90
F
0'E: MAXWELL DODGE AND PERMIAN AUTOS
ARE STATE OF TEXAS CONTRACT SUPPLIERS
OF BID +TEMS 2, 3, 3A, AND 4.
J ~ 11
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A ~w
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL
` SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services
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 on 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 or services can be purchased by the City
through the General Services Commission purchasing programs at less cost than the City would
expend 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 1 i1L CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items:
PURCHASE
ORDER VENDOR AMOUNT
62519 PERMIAN AUTOS $ 86,076.00
62520 MAXWELL DODGE $156,528.00
SECTION 11. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
General Services Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
General Services Commission, and the purchase orders issued by the City.
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SECTIONIII. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, 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
and standards contained in the Proposal submitted to the General Services Commission, quantities
and specified sums contained in the City's purchase orders, and related documents herein approved
and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor
in the amount and in accordance with the approved purchase orders 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 , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: - - .
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ,
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A~.nQa Iten
DATE, JAN AW 23; _
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: PURCHASE OF FLEET VEHICLES - GENERAL SERVICES COMMISSION
RECOMMENDATION: We recommend the following list of vehicles be purchased from the State of Texas
General Services Commission and the Purchase Order #62519 to Permian Autos and Purchase Order #62520 to
Maxwell Dodge be approved.
DESCRIPTION OTY VENDOR PRICE EXTENDED
TON P/U LWB V8 5 PERMIAN AUTOS $13,761 $ 68,805.00
3/4 TON P/U LW8 7 MAXWELL DODGE $14,583 $102,081.00
3/4 TON P/U EXTENDED CAB I PERMIAN AUTOS $ 17,271 $ 17,271.00
3/4 TON P/U LWB 4X4 3 MAXWELL DODGE $18,149 $54,447.
00
16 $242,604.09
SUMMARY: This recommendation is for the purchase of 16 vehicles for the City of Denton Motor Pool Fleet.
Twelve of these units are replacements and four are fleet additions. The old units will be reviewed by the Fleet
Operations Division and reassigned to a lighter duty or sold a public auction.
The tabulation sheet for Bid # 1819, copy attached, reflects the bid prices for these vehicles listed as items 2, 3, 3A
and 4, The State of Texas General Services Commission prices yield a savings of $10,877.00 while offering the same
specifications, and delivery service. These vehicles will be inspected and delivered to the City of Denton Fleet Se vice
Center,
The ordinance approving participation in the General Services Commission Cooperative Purchasing Program was
approved by Council April 7, 1992, (Ordinance #R92-019) 'n compliance with Texas Local Government Code
Subchapter D section 271.082 Purchasing Program,
BACKGROUND: Bid # 1819 Tabulation Sheet with General Services Commission pricing and Ordinance #892-
019, Purchase Order #62519 to Permain Autos and Purchase Order #62520 for Maxwell Dodge,
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Various departments utilizing the new equipment, Fleet
Operations and City of r.)enton Motor Pool.
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CITY COUNCIL REPORT
JANUARY 23, 1996 Manea ko. ~0~
PAGE 2 OF 2 roenC~ nyn
FISCAL IMPACT: Fund; for the purchase of these vehicles will come from a combination of 1995196 budget funds,
Motor Pool replacement funds and Motor Pool Lease/Purchase funding.
Respectfully submrLted:
Rick Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
6BS.AGENDA
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18-1
OTHER
ID Fleet Vehicles HUDIBURG VILLAGE ALLEN BILL PRESTIGE MAXWELL STATE OF
PAGE 1OF2 CHEVROLET, FORD SAMUELS UTTER FORD DODGE TEXAS
E December 5, 1996 N. LOOP FORD CONTRACT
DODGE PRICES
ION _ VENDOR VENDOR _ _ VENDOR... VENDOR TVENDOR VENDOR _ „.VENDOR-
_ DESCRIPTION .
$13,390.001 512,998,00 513,768 00' $13314.00 5131346.00
t ~ J 112 Ton Picku SWB 813 897.00
$13, $145,00I $43,999.00
- 112 Ton Pic~V LWB $15,284~.00 i $14'
.
_ 314 Ton Pickup LWB; A1C _ 51fi,773.001 _ $15,900.00; 817176400 515,679.00 - $14,583.00
I - --1014 - '---515 602.00
99A0
314 Ton Pickup ExLCab'AC $18,634.00 $19_1239.00: $18 ,00 a $18,088,00 St8,1 _
4. 3 314 Fleetside Pickup 4x4 5191286.OD NIB $20,747.00, _ .00 NIB $18'149.00
406--~-- -
1 Ton CablChassis 19 479.00
$$221769.00 $22,957.00
r-- T
8. 6 16,000 GVW, 84 CA Diesel $21,656.00 $23,490.00 N8 22
-
i 521, X235.00' _ _ 84
2_ 1 Ton 15 Pass n er Van___ 5211372.00__90.00 520 _ _320,895.00_ 321,057 00 _'820,006
314 Ton CablChassis
_517,555.00, 315,656.00 8(5,199,00
7. _,.60' V-8 GVW 8800 $17,230.00 ~ $15,242.00 $15,5(2.00
8_ _ 1 1 Ton 4-Door Crew Cab__ $?5,086.00: $26,990.09 NIB r _ $25,792.00, NIB $25,094.00
T Delivery In Days:~_- 90 _6_0.90__' 150 60 9080 90 _
*Falls to
meet spec
for cloth
seats
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1816
A Fleet Vehicles RED JIM CLASSIC METRO ALLEN PERMIAN
PAGE20F2 COMBS MCNATT CHEVROLET' FORD SAMUELS AUTOS
TE December 5, 1995 .1NTIAC DODGE AUTOPLEX
_ GMC j
DESCRIPTION VENDOR _ VENDOR VENDOR .VENDOR VENDOR_ VENDOR
£ 112 Ton Plck~SWB 5141302.00 $113,8611.64' NIB a13L__
~20 --112 Ton Pickup LW8 $15,719.00'i T = 58T.6Q- $13 848.Q0
L6,10
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3I4 Tan Pickup LWB; AI C 5_44 NIB $14,600.00 $15 430.09 $1.3,761.00
3 7
L-76- .00 $16,850.00 _
t' _ . --$1---7'28700 $ .7 _tl71366 .16 . NIB t- $171
3A. _ 1 314 Ton Pickup Ext. Cab; A/C
$19,013.00 NIB ~ NIB $18,761.00 $18,630.00 $17,271.00_
4. 3 314 Fleetside Picker 4x4 $191829 00 , $19,851.62,1. NIB $20,950.000_ _ $19,590.00
1 Ton Cab/Chassis
_5__~_. 6 T16,000 GVW, 84 CA Diesel _$22,160A NIB $22,374.00' $23 995AQ $21,322.00
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6. 2 1 Ton 16 Passenger Van $22,083.001 $22,337.36. $21,842.00__ $22,995,00 $21,760.00-
314 Ton Cab/Chassis
7. 1 60" V-8 GVW 8800 $17,155.00 $17,420.68 $16,586.00 $17,495.00 $16,700.00
8_ 1 7 Ton 4-Door Crew Cab $25,483.00 NIB $26,868.00 $27,995.00 , $26,210.00,
Delivery in Days: 90-120 6D•90 75.90 60-120 _ 80-120 90
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3 NOTE: MAXWELL DODGE AND PERMIAN AUTOS ~
ARE STATE OF TEXAS CONTRACT SUPPLIERS
OF BID ~TEMS 2, 3, 3A, AND 4.
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PURCHASE ORDER NO: 62519 THIS IS A
This nu. ber must appear oa all CONFIRMIRG ORDER
invoices, delivery slips, cases, (IF MARKED)
'ctri b es, packing slips and bills. DO NOT DUPLICATE
R Bid No: Date: Ol 16 96 Page No, Ol
'5 -j ED
F CITY OF DENTON TEXAS
PURCHASING DIVISION / 901-B TEXAS STREET 7 DENTON, TEXAS 76201-4354
t 8171383-7100 D/FW METRO 817/267-0042 FAX 817/383-7302
VEN OR . C-
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W E/~ PERMIAN AUTOS INC. DELIVERY CENTRAL RECEIVING 814
ADO ESJ X o 1115 S. GASTON ADDRESS EQUIPMENT SERVICES
CRANE, TEXAS 79731 804 TEXAS ST.
DENTON, TEXAS 76201
VENDOR NO. PER48535 DELIVERY QUOTED 04 15 96 FOB DESTINATION BUYER TS TERMS
LINE QUANTITY LkdIT DESCRIPTION UNIT, PRICE AMOLNT
001 5 EA VENDOR CAT.# N / A MFG NAME $13,761.00 $ 68,805.00
CITY f 96890
PICKUP 1/2 TON LWB V8
002 1 EA VENDOR CAT.4 N / A MFG NAME $17,271.00 $ 17,271.00
CITY / 96890
PICKUP EXT. CAB 3/4 TON LWE V8
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PAGE AL: $86,076.00
GRAND TOT 11111: $86,076.00
01 720 025 0584 9104 86,076.00
/ENOOR INSTRIiCTIONS: 3 Terms - Net 30 lu,ie„ o men s. 'Perm edl
I, Send original invoice with duplicate copy. 4. Snipping instructions F.O.B. Cestinetion prepaid W,I.,. ah.,.,. e.ri
Oil: to - Accounts Payable 5. No federal or state sales taa shall be included
215 E. McKinney St, m prices billed, Purchasing ivision
Denton, TX 76101-4299 PURCHASING
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PURCHASE ORDER NO: ,;2520 THIS IS A
ber must appear on all CONFIRMING ORDER
in oicOll delivery slips, cases, (IF MARKED)
t cl is., b xes, packing slips and bills. DO NOT DUPLICATE
I It Bid No: Date: 01 16 96 Page No. Ol
~M CITY OF DENTON TEXAS
(`y+ PURCHASING DIVISION / 901-8 TEXAS STREET / DENTON, TEXAS 76201-4354
i p 817/383-7100 D/FW METRO 817/267-0042 FAX 817/383-7302
IVE 1'
V Ei L ` MAXWELL DODGE DELIVERY CENTRAL RECEIVING ,314
4D R P.O. WYK 203305 ADDRESS FLEET SERVICES
p'. AUSTIN, TX 78720 804 TEXAS ST
DENTON, TEXAS 76201
VENDOR NO. MAX49550 DELIVERY QUOTED 04 15 96 FOB DESTINATION BUYER TS TERMS
LINE TITY UNIT DESCRIPTION ' UNIT PRICE AMOUNT
001 7 EA VENDOR CAT. # N / A MFG NAME $14,538.00 $102,081.00
CITY # 96890
PICKUP 3/4 TON LWB V8
002 3 EA VENDOR CAT. # N / A MFG NAME $18,149.00 $ 54,447.00
CITY # 96890
PICKUP 3/4 TON LWB V8 4 X 4
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PAGE TOTAL $156,528.00
0 720 025 0584 9104 156,528.00 GRAND TOTAL $156,528.00
%ENDOR ENSTRJCTIONS 3. Terms - Net 30 w^'r ^.P. "yet
L Send original invoice with duplicate copy 4. Snipping instructions: F.QB. Destination prepaid tD.-.n ..^.,..,r. r.ai
Silt to - Atcounts Payable 5. No federal or state sales taR shell be included
215 E. McKinney St. in prices billed Purchasing Division
.
DeMOn. Tlf 75201-4293 PURCRASING
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Agenda Ho.
RESOLUTION N0. "r.
A RESOLUTION AUTHORIZING PARTICIPATION IN PURCHASING PROGRAMS OF
THE STATE PURCHASING AND GENERAL SERVICES COMMISSION; DESIGNATING
A CITY REPRESENTATIVE TO SIGN AND DELIVER ALL NECESSARY DOCUMENTS
IN CONNECTION THEREWITH; AND PROVIDING AND EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, pur-
suant to the authority granted by Sections 271.681-271.083, Local
Government Code, V.T.C.A., as amended, desires to participate in
described purchasing programs of the State Purchasing and General
Services Commission, and
WHEREAS, the City Council is in the opinion that participation
in these programs will be highly beneficial to the taxpayers of the
City of Denton through the anticipated saving to be realized; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton, Texas
does request that the State Purchasing and General Services
Commission include its stated need on certain of the Commission's
annual contracts.
SECTION II. That Tom Shaw, Purchasing Agent, is authorized and
directed to sign and deliver all necessary requests and other docu-
ments in connection therewith for and on behalf of the City of
Denton, Texas.
SECTION III. That the city council acknowledges the City's
obligation to pay participation fees established by the Commission.
SECTION IV. That this resolution shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of 1992.
BOB CASTLBBERRY, MAYOR