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06-17-1997
• • City Council Agenda Packet June 1.7, 1997 s • AUtHUO No Agenda It m Dale- AGENDA CITY OF DENTON CITY COUNCIL June 17, 1997 i After determining that a quorum is present and convening in an open meeting the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, June 17, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: L Closed Meeting: A. Conference with Employees Under TEX. GOV'T CODE Sec. 551.075. The Council may receive information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACr) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, June 17, 1997 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag • "Honor the Texas Flag - 1 pledge allegiance to thee, Texas, one and indivisible." 'I 2. Consider approval of the minutes of March 15 and March 22, 1997. ! CITIZEN REPORTS 3. Citizen report from Teresa Caldwell regarding water service at Clayton Estates Mobile • Home Park. 4. Citizen report from Dessie Goodson regarding SPAN and the City of Denton. '0 W t O 0 City of Denton City Council Agenda June 17, 1997 Page 2 PROC LAAtATIONS/AR'ARDS 5. Presentation of the William J. Pitstick Regional Excellence Award to Mayor Jack Miller. 6. Presentation of the 1997 Texas Forest Service Award. i; 7. Presenation of applicable proclamations. PUBLIC HEARINGS 8. Bold a public hearing and consider adoption of an ordinance rezoning 27.749 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district, The subject property is located northeast of the Municipal Power Plant, approximately 2,700 feet east of Woodrow Lane. (The Planning and Zoning Commission recommends approval 4-0.) 9. Hold a public hearing and consider adoption of an ordinance to rezone 77.6 acres from the Agricultural (A) zoning district to the Planned Development (PD) zoning district and consideration of a development plan. This tract is located on the east side of Lillian Miller, approximately 750 feet north of Robinson Road. (z-97-013) (The Planning and Zoning Commission recommends approval 4-1.) f CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-tip information is attached to the ordinances (Agenda items 10-19). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 10-19 below will be approved with one motion. A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item is removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall then be considered before approval of the Consent Agenda. 10. Consider adoption of an ordinance accepting competitive bids and awarding a contract O O for purchase of materials, equipment, supplies or services. (Bid #'2051 - Mailing Service) 11. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (Bid #2052 - 300 KVA Distribution Transformers) • e City of Denton City Council Agenda June 17, 1997 Page 3 12. Consider adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Delhi Gas Pipeline Corporation for the purchase of spot market natural gas. (Bid #2047 - Natural Gas) r' 13. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #2048 - Boyd Street 6" and McKinney Street 8" Waterline Replacement) 14. Consider adoption of an ordinance accepting competitive bids and providing for the ' award of contracts for public works or improvements. (Bid #2053 - Bore Crossing at North Locust and University) 15. Consider adoption of an ordinance authorizing the City Manager to execute a professional services contract with Corgan Associates, Inc. for Project 11 of the renovation of the Denton Municipal Complex (DMC) and City Hall. 16. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (P.O. #75363 - Advanced Control System) i 17. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. 11 (P.O. #75676 - Motorola) i 18. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal agreement with the County of Denton relating to participation in various City of Denton contracts which provide for the purchase of various goods and services. 19. Consider adoption of an ordinance authorizing the City Manager to execute a professional services contract with ADS Environmental Services, Inc. for engineering services for the water/wastewater engineering 1997 smoke testing program. ITEMS FOR INDIVIDUAL CONSIDERATION 20. Consider adoption of an ordinance amending portions of Section 18-53 of the Code of Ordinances of the City of Denton to remove from the truck route a portion of U.S. a Highway 3S0 from its intersection with Interstate Highway 35 to its intersection with tD Loop 288; to remove from the truck route a portion of Prairie Street from its intersection with Locust Street (F.M. 2164) to its intersection with Bell Avenue; providing for a repeal of any ordinance in conflict therewith; and providing for a severability provision. • • City of Denton City Council Agenda June 17, 1997 Page 4 21. Consider adoption of an ordinance authorizing the City Manager to act on behalf of the City of Denton in executing an easement modification agreement with I illwood/Oakmont 11, Ltd. 22. Consider adoption of an ordinance authorizing the City Manager to execute a contract between the City of Denton and Michael Tyrone Ebror authorizing the City Manager to execute any and all documents necessary to consummat- the purchase of real property in accordance with said contract; and authorizing the expenditure of funds. 23. Consider adoption of an ordinance authorizing the filing of an application with the U.S. Department of Transportation, Federal Transit Administration for a grant under the Urbanized Area Formula Program authorized by Title 49, U.S.C. Section 5307. 24. Consider adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinnuent property taxes. 25. Consider adoption of an ordinance authorizing the City Manager to execute two amendment of lease agreement respecting real property, between the City of Denton and Enserch Corporation, providing for the drilling of natural gas storage wells incident to Q Lake Dallas Gas Storage Facility, and for a change of rental terms. 26. Receive a report and hold a discussion regarding the proposed 1997-2002 Capital Improvement Program. 27. Consider nominations/appointments to the City's Boards and Commissions. 28. Miscelianeous matters from the City Manager. 29. New Business 1 This item provides a section for Council Members to suggest items for future agendas. • 30. Possible Continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 31. Official action on Closed Meeting items held under Section 551.071.551.085 of the i Texas Open Meetings Act. ~ L q J • i City of Denton City Council Agenda June 17, 1997 Page 5 CERTIFICATE 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 1997 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. ACCO0392 1 r t' 1 im, 0 • s Agenda No. CITY OF DENTON CITY COUNCIL MINUTES Agenda Item 62 April 15, 1997 Date - - The Council convened into a Special Called Meeting on Tuesday, April 15, 1997 at 11:00 a.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Ten Brock; Council Members Beasley, Biles, Durrance, and Young. ASSENT: Council Member Cott 1. The Council received and opened bids regarding City of Denton General Obligation Bonds, Series 1997. Kathy DuBose, Executive Director for Finance, stated that the sealed bids were ready to be opened. Representatives from First Southwest and McCall, Parkhurst and Horton were present for the bid opening. David Medanich, First Southwest Company, stated that Standard an'i Poor had mude a stateaent in a report which indicated that further positive trends by the City could lead to an upgrade. That statement indicated that the bond rating company felt that the City was headed in the right direction. The following was the list of firms making bids and the effective interest rate associated with the bids: Nike Securities - 5.5549 Nations Bank - 5.58 Southwest Securities - 5.556 ! The Principal 5.604 k Rauscher Pierce Refsnes - 5.5697 Coastal Securities - 5.5665 First Tennessee Bank - 5.548 First Southwest Company - 5.557 A. G. Edwards - 5.5931 Deane Witter Reynolds - 5.5948 Medanich stated that all the bids had municipal bond insurance which made them Triple A on the market place. There was a good representation of the market. He would be reviewing the bids for accuracy. It appeared that one more bid came in on the fax machine which was from Dane Bosworth at 5.551. A After a short recess, Medanich stated that he had checked all the bids for accuracy and that the bid would be awarded to First Tennessee. They were pleased with the number and rates of the bids received. 2. The Council considered adoption of an ordinance authorizing A the issuance, sale and delivery of City of Denton General 0 O obligation Bonds, Series 1997, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. Mayor Miller asked to review the projects which would be funded by this bond issue. • r • City of Denton City Council Minutes April 15, 1997 Page 2 Kathy DuBose, Executive Director of Finance, stated that there were several projects which were approved in the 1995 bond election with a five year plan. This increment of that bond election was $4.7 million. The projects included drainage projects at Avenue G, Good Samaritan Village, Carroll /Crescent culvert and miscellaneous drainage capital improvements. Projects for parks and recreation included upgrading existing park space, athletic facilities renovation and development. Various street projects were also included. The following ordinance was considered: NO. 97-105 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL. OBLIGATION BONDS, SERIES 1997, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. on roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. With no further business, meeting adjourned at 11:25 a.m. The Council convened into a Closed Meeting on Tuesday, April 15, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Durrance, and Young. ABSENT: Council Member Cott 1. The Council discussed the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed and considered settlement of litigation styled Yapit y. City of Denton. • B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The council convened into a Regular Meeting of the City of Denton • { City council on Tuesday, April 15, 1997 at 7:00 p.m. in the Council Chambers of City Hall. • • PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Durrance, and Young. J ABSENT: Council Member Cott 1 • J • City of Denton City Council Minutes April 15, 1997 Page 3 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. And Texas flags. 2. The Council considered approval of the minutes of February 4, February 11, and February 18, 1997. Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 3. The Council received a presentation of the Tree City U.S.A. Award and the Growth Award from the National Arbor Day Foundation. Larry Schaapveld, Texas Parks Service, presented the two awards to the Council. Mayor Miller presented the following proclamations: National Credit Education Week National Library week 4. The Council considered an exception to the noise ordinance for the American Cancer Society's Relay for Life from 7:00 p.m., April 18, 1997 until 7:00 a.m., April 19, 1997 at Fouts Field. Veronica Rolen, Administrative Assistant, stated that the Relay for Life Committee of the American Cancer Society had requested this noise exception. This was a similar event to one which was held in 1995 with no problems reported related to the noise exception. Young motioned, Brock seconded to approve the noise exception. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. I CITIZEN REPORTS • 5. The Council heard a citizen report from Michael Berry regarding raw sewage standing in residential street. i Mr. Berry was not present at the meeting. 6. The council heard a citizen report from Brandy Bracken i regarding septic, water, and road problems on Carpenter Road. Ms. Bracken stated that they had had a problem receiving a loan to • • J purchase their home from their landowner. They were not approved for a loan as they did not have city sewer and water. The landlord could not sell the home due to the fact that city water and sewer were not to the property. Th9 City would not help them receive city sewer and water. They were a part of Denton as they were in • • City of Denton City Council Minutes April 15, 1997 Page 4 the city limits. They paid city taxes but did not receive city services. There were 12 homes in the neighborhood with this same situation. They did not have the funds to install city sewer and water by themselves. She requested that the Council come out to their neighborhood and see what problems they were experiencing. The lack of services were effecting their homes and probably the school. She had signatures from the area homeowners requesting water and sewer service. Council Member Young asked if she started having problems after Ryan High School was built. Bracken replied that she was not sure. she was representing what her parents did before. Mayor Miller stated that city taxes were not used for electric services, water/wastewater or solid waste services. City taxes were used for services such as fire, police, streets, etc. This issue had been before Council a number of times. Policies were in effect and Council did explore how to have water and sewer to the area. The value of homes was often related to whether or not that property had city sewer and water. He suggested Ms. Bracken meet with city staff to determine the cost of having the water and sewer extended to that area. Bracken stated that they had discussed that. They did not have the funds for the services. She asked if there were there other funds available to help them. Mayor Miller stated that this was a situation where there were no funds just waiting to b^-. used for these services. Bracken asked what they could do in order to be able to get their loan. Council Member Young st•tted that the City Manager had indicated that certain people might.i.e able to receive money from CDBG funds. Mayor Miller stated that t?,nt was a long term solution and not a • short term solution. Chris Bracken stated that this issue was about the HUD program. They had been approved for the loan to purchase the home but the property was not approved for the loan. The only problem was the septic system and not having city water. • Mayor Miller suggested looking into block grant funds for city wide I J services. • • Council Member Young stated that if this was considered a safety issue, the City could do something. He questioned if this would be considered a safety issue. - c 7 7 7 7 7 • • City of Denton City Council Minutes April 15, 1997 Page 5 Mayor Miller stated that he was not sure. Staff needed to work with these residents to look at all issues. Mr. Bracken stated that nothing had been done with carpenter Road and that it needed to be paved. 7. Dessie Goodson regarding City matters. Ms. Goodson stated that the City was still harassing her. In February and March she sent an open records request opinion to the Attorney General, the Governor, the City of Denton and to SPAN. One day after sending those, she received an arrest warrant. She was told that this was done through the computer. She had taken steps to stop the harassment by the City. All the city had to do was comply with the open records request. She did not owe the City any money. The City owed her more than she felt she owed. She had sent a letter to the Citv regarding what the City owed her. The City needed to fix streets and sidewalks instead of harassing her. Only Ms. Beasley spoke to her when the Council Members saw her. She told the Council to arrest her at this meeting if they were going to arrest her. She wanted the City to stop sending police down her street. PUBLIC HEARINGS 8. The Council held a public hearing and considered adoption of an ordinance to rezone 20.017 acres from the Agricultural (A) ` zoning district to the Single Family 10 (SF-10) and Single Family 7 (SF-7) zoning districts. This tract was located on the north side of Ryan Road, approximately 100 feet east of La Mancha Drive. (Z97-005) (The Planning and Zoning Commission recommended approval 7-0.) Rick Svehla, Deputy City Manager, stated that the proposal was for SF-7 and SF-10 zoning. There had been a meeting with neighbors to discuss the proposal. There wt-,re 10 notices mailed with none returned in opposition. The Planning and Zoning commission recommended approval. Council Member Young asked about lot sizes. Svehla replied that that would be decided when the site was platted. There was no requirement on house sizes. The Mayor opened the public hearing. 6 Kent Key, developer of the property, stated that the SF-10 zoning would be next to the Hontecito development. Zoning would be SF-10 down to SF-7 lots. The SF-7 lots were really larger than the SF-7 sizes. This meeting was just to address the zoning of this property. • 0 City of Denton City Council Minutes April 15, 1997 Page 6 Council Member Beasley stated that the agenda back-up materials indicated that at th_ neighborhood meeting, the developers had agreed to have 11,000 square foot lots. Key stated all of the lots on t':4 SF-10 were 11,000 square feet. SF-7 zoning would be on the first street but agreed with the neighborhood to lose one lot with larger lots in that area. Council Member Durrance stated that the in responses there was an agreement to strop off two lots. Key replied correct. At the first neighborhood meeting they agreed to drop off one lot. After the second meeting, they agreed to drop off a second lot. Council Member Young asked about installing streets. Key stated that the streets would be done per the city requirements. Mayor Miller asked about the size of the homes. Key stated that they would be approximately 2,200-3,000 square feet. Mayor Miller stated that ever though it would be zoned SF-10, the developar had agreed that the homes on the west side would have 11,000 square foot lots. Key replied yes that the deal was to reduce one lot but that was no, dependent on the size of the lots. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-106 s AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE FAMILY 10 (SF-10) AND SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 20.017 ACRE TRACT LOCATED ON THE NORTH SIDE OF RYAN ROAD, APPROXIMATELY ONE B HUNDRED (100) FEET EAST OF LA MANCHA DRIVE; PROVIDING FOR A I O $ PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously, a • City of Denton City Council Minutes April 15, 1997 Page 7 9. The Council held a public hearing and considered adoptior. an ordinance rezoning 735.89 acres from Planned Development 126 to the Agricultural (A) zoning district. The subject property was located from 1,500 feet south of US 380 to 3,800 feet south of McKinney Street, approximately 6,000 feet east of Mayhill Road. (The Planning and Zoning Commission recommended approval. 6-0.) Rick Svehla, Deputy City Manager, stated that ten years ago zoning was made in this area which made this property very intensely used with a planned development zoning. That meant smaller lots with a denser population. The applicant in this case wanted to go in an opposite direction. He was requesting agricultural zoning which meant one acre minimum lot sizes. Staff had worked with the developer on the proposal and it felt was a good proposal in terms of downzoning. There would be no commercial uses on the tract. The proposal did not meet tho site plan for the single family housing roar the proposal due to the large nature of the lots. This wceld be a low intensity use for the property. The Planning and Zoning Commission recommended approval. Mayor Miller asked if all four tracts were included. Svehla replied correct. He noted that the original proposal was for 732 acres. Since the hearing at the Planning and Zoning Commission with the final survey, the acreage would be 735.89 acres. The Mayor opened the public hearing. Rod Zielke, speaking for the owner, stated that he would answer any questions which the Council might have. Council Member Durrance stated that responses from area owners discussed the possibility of keeping the landscaping consistent with what was already there. Zielke stated that they were still working on those details. Council Member Young stated that there would be a five acre perk a with this proposal. Zielke stated that they planned to dedicate park land but the details were not known at this point in time. i Mayor Pro Ten Brock asked about the status of the road in the area. Zielke stated that an arterial would be planned in the area for a J north/south access. Kay Wilkinson stated that she had lived in the area for many years and was in favor of the proposal with less density. A planned development would have provided much greater density. The City was obligated to do something with the arterial which would go through • 0 City of Denton City Council Minutes April 15, 1997 Page 8 the property. At Highway 380, the developer did not own any connecting land to bring Lakeview Blvd. to Highway 380. The City would have to develop that piece of property. If the City did not work for the connection, there would be problems on Trinity Road due to limited access. Trinity Road would not be able to handle much more traffic. She asked staff and Council to do what was needed to gain access to the Lakeview Blvd. and to Highway 380. Svehla stated that part of the platting process would be to work with the owners of the property which the proposal did not own. The first emphasis would be to work with the other owners to gain access to that property. Kathy Ubanks stated that she lived in the County and had some questions regarding the proposal as it appeared that the first phase would be developed directly behind her. She asked if the City tree ordinance pertained to the extraterritorial jurisdiction as the section where she lived had not been formally zoned from the County `.o the City. Mayor Miller stated that it did not apply in the ETJ. Ubanks stated that part of the surrounding area was a native habitat. It appeared that most of the housing would be behind her farm. Her opposition was that the development would be done too quickly. She would prefer agriculture rather than planned development but felt that the property had not been looked at yet. This was one piece of a planned development and would be developed in phases. Mayor Miller stated that the property was currently zoned planned development. Ubanks asked if the area in the ETJ was also zoned. Mayor Miller stated no, that only the four tracts of land were being considered. Ubanks stated that this was one tract of planned development. Even A though it was a small piece of the property, she wanted to be sure Council understood that the process was going too quickly. The neighbors did not have any input into how the property would be zoned. The last plat she had seen had 19 lots bordering her 40 acre farm which was certified organic. Mayor Miller stated that the density was going from many lots to a o smaller number of lots. O Council Member Hiles stated that right now, with current zoning in place, there could be 17,000 people in the area. With the downzoning that would be reduced to only 1,000 people. -1 0 e City of Denton City Council Minutes April 15, 1997 Page 9 Ubanks stated that she wanted the Council to understand that this was one intact area of planned development and would impact many residents all along the area. The petitioner was allowed a five minute rebuttal. He had no additional comments at this time but would have more details when the property was platted. The Mayor closed the public hearing. The following ordinance was considered: 240. 97-107 AN ORDINANCE OF fHE CI'T'Y OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 126 (PD-126) TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FROM 735.829 P_CRES OF LAND LOCATED FROM 1,500 FEET SOUTH OF US 380 TO 3,800 FEET SOUTH OF MCKINNEY STREET, APPROXIMATELY 6,000 FEET EAST OF MAYHILL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. Council Member Durrance suggested that Ubanks and others stay in contact with the developer to work with the habitats in the area. II On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young i "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 10. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 83-110 (PD63) to reduce the required front yard setback from 25 feet to 24.3 feet for Lot 1, Block 2, of the Snider Addition Section 2. The subject property was located on the north side of US 377, west of Windsor. (The Planning and Zoning commission recommended approval 6-0.) e Rick Svehla, Deputy City Manager, stated that there were originally three requests submitted to the Planning and Zoning Commission. Two were not approved and staff had not been notified an appeal of ' that decision. Council was only reviewing the one which was approved by the Planning and Zoning Commission. The 20% rule did not apply with this proposal. There had been some discussion about where to appeal the other two proposals. The applicant would have 9 to return to the Planning and Zoning Commission and to Council as it was a planned development. Mayor Miller asked about the opposition. Was it against the other proposals or this proposal. s • City of Denton City Council Minutes April 15, 1997 Page 10 Svehla stated that it was a combination of both this request and the other two which were denied. Council Member Beasley stated that the building was already there and was encroaching on the property line. Svehla replied correct. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-108 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 83-110 (FD-63) TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 25 FEET TO 24.3 FEET FOR LOT 1, BLACK 20 OF THE SNIDER ' ADDITION SECTION 2; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. on roll vote, Beasley "aye", Brock "aye", Durrance "nay", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-1 vote. VARIANCES 11. The Council considered an exaction variance of Section 34-119 requiring water and sewer service for the IXC Subdivision. The 1 subject property was in Division 1 of the ETJ on the north side of 4 Milam Road, approximately 2,299 feet west of 1-35, and consisted of 0.327 acres. (The Planning and Zoning Conmission recommended • approval 6-0.) Rick Svehla, Deputy City Manager, stated that he would address all the variances listed. The variances were requested because the building on the lot would not have any people in it. The building would be a communications building with equipment but no people. The applicant did not want to provide water and sewer to the • building. The distances were quite long and the cost was very significant. The same request applied for the other variances as • there would be no people in the building and the cost of the variances would be very great. Mayor Miller stated that Council could consider all three variances in one motion. I • City of Denton City Council Minutes April 15, 1997 Page 11 Council Member Beasley stated although there would never be a manned building on that site, could the use of the building change. Svehla stated that it could but that particular lot would be owned by the communications company. If someone wanted to build a home on the site, a well or septic tank would be needed. Again because of the distance, there probably would be a similar request for a variance. Brock motioned, Biles seconded to approve the three variances. On roll vote, Beasley "nay", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-1 vote. 12. The Council considered an exaction variance of section 34-116 (e) requiring adequate water capacity for fire protection for the IXC Subdivision. The subject property was in Division 1 of the ETJ on the north side of Milam Road, approximately 2,299 feet west of I-35, and consisted of 0.327 acres. (The Planning and Zoning Commission recommended approval 6-0.) This item was considered with Item /11. 13. The Council considered an exaction variance of section 34-116 (c) requiring fire hydrants for the IXC Subdivision. The subject property was in Division 1 of the ETJ on the north side of Milam Road, approximately 2,299 feet west of I-35, and consisted of 0.327 acres. (The Planning and Zoning commission recommended approval 6- 0.) This item was considered with Item Ill. CONSENT AGENDA Biles motioned, Brock seconded to approve the Consent Agenda and the underlying ordinances. on roll vote, Beasley "aye", Brock 1 "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. • 14. Tax refund to First State Bank for $602.47. 15. Tax refund to Andrew Corporation for $2,326.28. 16. NO. 97-109 l AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ® CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR • • J SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 12026 Oils and Lubricants) • • I i City of Denton City Council Minutes April 15, 1997 Page 12 17. NO. 97-110 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. (Bid 02028 - Irrigation supplies/South Lakes Park) 18. NO. 97-111 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 12009 - Laurelwood 8" waterline) 19. NO. 97-112 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Lease Agreement 02045 - IBM) 20. NO. 97-113 AN ORDINANCE OF THE CITY OF DENTON AMENDING ORDINANCE NO. 97- 052 BY CHANGING THE RATE, TYPE OF SERVICE AND PAYMENT PROVISIONS ON RATE SCHEDULE CWM IN CONNECTION WITH THE SALE OF COMPOST AND WOOD MULCH BY THE WATER RECLAMATION DIVISION OF THE WASTEWATER DEPARTMENT OF THE CITY OF DENTON TO THE GENERAL PUBLIC; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 21. NO. 97-114 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTERS 13 AND 14 OF THE CODE OF ORDINANCES TO REPLACE REFERENCES TO THE DIVISION OF ENVIRONMENTAL HEALTH SERVICES WITH THE DIVISION OF CONSUMER HEALTH; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. • 22. NO. 97-115 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERL40CAL AGREEMENT FOR A SOLID WASTE j PPOJECT PERTAINING TO THE CONSTRUCTION OF A LANDFILL RECYCLING • DROP-OFF FACILITY, BETWEEN THE CITY AND THE NORTH CENTRAL • TEXAS COUNCIL OF GOVERNMENTS; AUTHORIZING THE CITY TO ACCEPT i A GRANT FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THROUGH A SUBCONTRACT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AUTHORIZING THE CITY MANAGER TO EXPEND MATCHING FUNDS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE. s • City of Denton City Council Minutes April 15, 1997 Page 13 ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council considered adoption of an ordinance approving the creation of the Spring Hill Estates Water System within the City's ETJ in accordance with Section 34-119 of the Denton City Code and tha terms and conditions of the attached agreement; authorizing the Mayor to execute an agreement between Spring Hill Estates Water Company, Tryon Development Corporation and the City. Bob Nelson, Executive Director for Utilities, stated that Spring Hill Estates was developing an 82 lot subdivision at the intersection of Highway 380 and FM 156. That was within the City's ETJ and the city's rules and regulations allowed for the development of a water system of this type. In the agreement, the City had a CCN to serve in the area. The agreement would allow them to have dual certification and if the City's system was ever in that area, the City could serve the area. The developer had agreed to those terms and conditions. The following ordinance was considered: NO. 97-116 AN ORDINANCE APPROVING THE CREATION OF THE SPRING HILL ESTATES WATER SYSTEM WITHIN THE CITY'S ETJ IN ACCORDANCE WITH SECTION 34-119 OF THE DENTON CITY CODE AND THE TERMS AND CONDITIONS OF THE ATTACHED AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN SPRING HILL ESTATES WATER COMPANY, TRYON DEVELOPMENT CORPORATION AND THE CITY; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Deasley "aye", Brock "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the State of Texas, acting through the Texas Department of Transportation for contribution of funds for the reconstruction of U. S. Highway 377 e between Interstate Highway 35E and Collins Street. Rick Svehla, Deputy City Manager, stated that there was a companion project which were the overpasses at 135 and Fort Worth Drive. Those would be done as a separate project at no cost to the City. This was a prerequisite to get the project bid this summer. • Council Member Young asked if the project would widen Fort Worth ` Drive from Collins Street to I-35. • Svehla replied correct. Council Member Young asked about landscaping. • • City of Denton City Council Minutes April 15, 1997 Page 14 Svehla statea that it would have medians similar to Teasley Lane. Most of the median would be hardscaped due to the fixed right-of- way. Council Member Young stated that there were initial concerns by the business owners along that area. Svehla stated that there were public hearings and visits to the area and staff had discussed many of those concerns with the business owners. The following ordinance was considered: NO. 97-117 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH 7HE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS FOR THE RECONSTRUCTION OF U.S. HIGHWAY 377 BETWEEN INTERSTATE HIGHWAY 35E AND COLLINS STREET; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. Council Member Durrance stated that this was a much needed project due to the traffic in the area especially during rush hours. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance authorizing the Mayor to execute the first amendment to an agreement between the City of Denton and SPAN, Inc., relating to public transportation in the City. Veronica Rolen, Administrative Assistant, stated that in July 1995 the City entered into an agreement with SPAN to provide transportation services for both fixed route and demand response in Denton. This amendment would change the billing procedures, the • hours of operation and the number of routes. The major revision to this contract was the change in billing procedure. Currently SPAN submitted individual invoices for each expenditure each month. The proposal would establish a fixed hourly rate. The rate was developed based on the Texas Department of Transportation's full allocated cost formula. This hourly rate would have control costa and reduce the time for turn around payments. The rate had been , • reviewed by the City Attorney' s office, the Internal Auditor and O O the SPAN Board. Council Member Young asked for an update on the shelters for stops. Rolen stated that the routes had been revised in October and staff was currently reviewing ridership numbers to make sure the routes t • • City of Denton City Council Minutes April 15, 1997 Page 15 would be permanent. In several months the shelters would be installed in those locations where the routes would not change. Also, benches and shelters would be used which could be moved. The following ordinance was considered: NO. 97-118 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SPAN, INC., RELATING TO PUBLIC TRANSPORTATION IN THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock Durrance "aye", Young "aye", and Mayor Miller "aye". Mot u n carried unanimously. 26. The Council considered adoption of an ordinance authorizing the Mayor to execute an electric distribution system maintenance and operation agreement by and between the City of Denton and the City of Sanger, wherein the City of Denton Municipal Electric Utility will perform services relating to the maintenance and operation of the electric distribution system of the City of Sanger. Bob Nelson, Executive Director for Utilities, stated that the City of Sanger had its own electric system but with only six people to operate it. A month ago three of those employees left for other jobs. Sanger asked if Denton could help through the interlocal emergency agreement which had been in effect for a period of time. It was felt that this agreement was only for emergencies and that Sanger was now requesting a monthly agreement which would last no longer than one year. Denton would provide services to the system for $8,000. Construction projects would be limited to $25,000 and if over that, time and materials would be included in a separate arrangement. There was a 30 day clause to cancel the contract if needed. No extra personnel or equipment would be needed for this agreement. 0 Council Member Biles stated that the contract indicated that construction costs were limited to $25,000 total but the second r sentence stated that any project requiring over $25,000 for construction costs would have a separate contract. He felt that the wording was unclear whether it was $25,000 cumulative over the life of the contract. Nelson stated that any project over $25,000 would be a separate contract. Council Member Biles stated that the City, on a monthly basis, would provide services and would be reimbursed for materials and supplies plus 10%. He asked about the use of vehicles, fuel, etc. • 0 • • City of Denton City Council Minutes April 15, 1997 Page 16 Nelson stated that there was a cost value for each vehicle and crew and a tally would be maintained to make sure that the costs were within the cost elements. Council Member Biles stated that he was uncomfortable with the $25,000 limitation. He felt that the contract should be written so that it would be a $25,000 cumulative charge. The City might be setting itself up to exposure to higher costs than that amount of a contract. The following ordinance was considered: NO. 97-119 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN ELECTRIC DISTRIBUTION SYSTEM MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF SANGER, TEXAS, WHEREIN THE CITY OF DENTON MUNICIPAL ELECTRIC UTILITY WILL PERFORM SERVICES RELATING TO THE MAINTENANCE AND OPERATION OF THE ELECTRIC DISTRIBUTION SYSTEM OF THE CITY OF SANGER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREUNDER; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance with a change to Section I to indicate "construction costs hereunder were limited to $25,000 during the term of this contract. All other construction costs exceeding $25,000 would be handled under separate contract". On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller 'aye". Motion carried unanimously. 27. The Council considered a resolution appointing a member to the Board of Directors of the Denton Health Facilities Development Corporation. Kathy DuBose, Executive Director for Finance, stated that this • resolution would change a member of the Board from Lloyd Harrell to Ted Benavides. The following resolution was considered: ' NO. R97-016 • A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF • • THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. i • • • i i City of Denton City Council Minutes April 15, 1997 Page 17 28. The Council considered a resolution appointing a member to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. Kathy DuBose, Executive Director for Finance, stated that this resolution would change a member of the Board from Lloyd Harrell to Ted Benavides. The following resolution was considered: NO. R97-017 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 29. The Council considered approval of a resolution authorizing the submission of an application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting continued ' funding for one Juvenile/Domestic Violence Investigator and associated training and supplies for a Family Services Unit. Gary Matheson, Assistant Chief of Police, stated that this resolution would authorize second year grant funds for a juvenile/domestic violence investigator. Total funding from the State was $45,730 with local funding at $11,464. The following resolution was considered: NO. R97-018 RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE • INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. r Biles motioned, Durrance seconded to approve the resolution. on roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. ® 30. The Council considered approval of a resolution of the City of • J Denton expressing City Council's opposition to House Bill 3321 which required donation of public right-of-way to private investor owned telecommunication companies. City Attorney Prouty stated that it was felt that this was a bad bill for a number of reasons. It would freeze the City's right-of- C_.'; 0 • City of Denton City Council Minutes April 15, 1997 Page 18 i way franchise fee to a 1996 rate with no consideration for any increases in t'ie market value of the City's right-of-way. It would mandate the City to use a Public Utility Commission form contract which was mandated through the PUC rather than through local governments to negotiate with companies for the use of streets and right-of ways. The following resolution was considered: NO. R97-019 A RESOLUTION OF THE CITY OF DENTON EXPRESSING THE CITY COUNCIL'S OPPOSITION TO HOUSE BILL 3321 WHICH REQUIRES DONATION OF PUBLIC RIGHT-OF-WAY TO PRIVATE INVESTOR-OWNED TELECOMMUNICATIONS COMPANIES; AND PROVIDING AN EFFECTIVE ATE. Biles motioned, Beasley seconded to approve the resolution. Council Member Durrance stated that this kind of legislation would cripple cities planning for the future. Fie urged citizens to contact legislators to express their opposition to this bill. On roll vote, Beasley "aye", Brock ''iye", Currance "aye", Young D "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 31. The Council considered adoption of an ordinance authorizing City Manager tc execute an airport lease agreement between the City of Denton and Fox 51 Limited which amends the existing fixed based operator and commercial airport leases between the parties and incorporates the terms of such leases into one new lease. Linda Ratliff, Director of Economic Development, stated that this lease would simplify two leases presently with Fox- 51 with common terminaticn dates and fuel fees. The following ordinance was considered: NO. 97-120 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FOX-51 ~ LIMITED WHICH AMENDS THE EXISTING FIXED BASE OPERATOR AND COMMERCIAL AIRPORT LEASES BETWEEN THE PARTIES AND INCORPORATES 'FHE TERMS OF SUCH LEASES INTO ONE NEW LEASE; AND PROVIDING AN EFFECTIVE DATE. a o J Biles motioned, Young seconded to adopt the ordinance. On roll a vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 32. The Council considered approval of a resolution approving the assignment by Fox-51, Limited of the fixed based operator and • • City of Denton City Council Minutes April 15, 1997 Page 19 commercial operator leases of Airport property codified into one lease on April 15, 1997 to Ezell Aviation, Inc., said property consisting of approximately 235,218 Equare feet of land. Linda Ratliff, Director of Economic Development, stated that this resolution would assign the Fox-51 lease to Ezell Aviation and would have expansion of service. The following resolution was considered: NO. R97-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY FOX-51, LIMITED OF THE FIXED BASED OPERATOR AND COMMERCIAL OPERATOR LEASES OF AIRPORT PROPERTY CODIFIED INTO ONE LEASE ON APRIL 15, 1947 TO EZELL AVIATION, INC., SAID PROPERTY CONSISTING OF APPROXIMATELY 235,218 SQUARE FEET OF LAND; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 33. Miscellaneous matters from the City Manager. Ted Benavides, City Manager, reminded Council of the Keep Denton Beautiful Reception for volunteers on Thursday, April 17th. 34. There was no official action on Closed Meeting Items. 35. New Business There were no items of New Business suggested by council Members for future agendas. 36. The Council did not have a continuation of the Closed Meeting. With no further business, the meeting was adjourned 9:00 p.m. O i l JACK MILLER, MAYOR CITY OF DENTON, TEXAS • L' JENNIFER WALTERS • CITY SECRETARY 1 CITY OF DENTON, TEXAS ACC0037D s ! f CITY OF DENTON CITY COUNCIL MINUTES April 22, 1997 The Council convened into a Closed Meeting on Tuesday, April 22, 1997 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Ten Brock; Council Members Beasley, Biles, Cott, Durrance, and Young. ABSENT: None 1. The Council considered the following items in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sac. 551.074 The Council convened into a Work Session on Tuesday, April 22, 1997 at 6:C0 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Durrance, and Young. ABSENT: None 1. The Council received a quarterly briefing from and held a discussion with the City of Denton's representatives to the TMPA Board. Bill Giese stated that his report would be divided into sections dealing with organization, operation, regulation & legislation and litigation. In the organization section, a new mission statement had been adopted. Scott McGough was appointed general manager. McGough was reviewing a new organizational chart and staffing levels with the Personnel Committee. The Audit and Budget Committee would review the proposed chart and staffing levels as a basis for the 1997-98 budget. Staffing levels would be reduced below the current 137 level. In the operation level, the plant went off-line on April 4 and would be off-line until approximately May 18. During that time, the superheater and turbine projects would be completed. In addition, a number of cracked turbine ! blades would be replaced. It was expected that capacity would reach 462 mwh after the Spring outage. Measurable performance levels were to be established as annual goals. The Powder River Coal continued to be more efficient than lignite and reclamation activities were proceeding on schedule. Several alternatives to the rail spur construction were currently under review. Western coal carrying railroads enjoyed monopoly power. Both regulatory ® and non-regulatory solutions were under consideration. ! ! Regulation & Legislation included the postage stamp transmission rate. San Antonio was seeking a permanent injunction against the State PUC interim order establishing the postage stamp rate. Under this rule the four member cities and TMPA would have a net benefit during the three year transition period and latter years. Retail wheeling was another legislative issue and was still active. The • e City of Denton City Council Minutes April 22, 1997 i Page 2 l treatment of stranded costs was critical to future TMPA effective operations. The last legislative issue dealt with a tax on coal, A proposed 7 1/2 cent tax inc;uding transportation would have a very negative impact on TMPA'r, cost structure relative to power producers using natural gas. In the litigation area, College Station had suggested mediation as a means to resolve the various disputes among College Station, Bryan, and TMPA. TMPA had made a counter proposal for College Station to make a settlement offer to Bryan and TMPA. George Hopkins stated that TMPA was moving forward with the cancellation and effect of the leverage leases. The commercial paper rating by the various rating agencies was the highest rating for commercial paper. Standard and Poor changed the rating from A+ with a negative outlook to A+ stable which was a very positive rating change. 2. The council received recommendations from and held a discussion with the Oversight Committee and gave staff direction. This item postponed until May 13, 1997, 3. The Council received a report, held a discussion and gave staff direction regarding the placement of newspaper vending racks in City right-of-way. Herb Prouty, City Attorney, stated that this was an item which was brought before Council as a result of a letter written to the Mayor by a citizen complaining about the placement of newspaper racks in neighborhoods. There was a history of a few complaints from time to time about the placement of newspaper racks but in every case, the Council, up to now, had decided that the problem was not significant enough to zonsider regulation. The question of regulation had always been problematical because of the fact that the placement of newspaper racks in public right-of-ways and public places had First Amendment implicatioi-.s. The cases indicated that those public places, public right-of-ways were public forums and the freedom of speech and press was all tied up with the • circulation of information through newspapers. one of the problems encountered in trying to consider the regulation of newspaper racks was, in order to overcome the First Amendment considerations, three tests had to be met. First, the regulation had to be content neutral which meant that it could not regulate one type of media over some other type of media. Second, the regulation had to be necessary to achieve some sort of compelling public interest. e There needed to be some showing that the placement of newspaper • • racks in various areas of the city had created a problem. Third, the regulation had to be narrowly drawn so that it achieved its purpose. There were three options to this issue. One was to use Section 25-6 of the City Code to control the placement of newspaper racks which regulated selling and vending of anything on city streets, sidewalks and public places. This was done by permits • City of Denton City Council Minutes April 22, 1997 ` Page 3 !(f issued by the City Secretary. With the exception of 1983 under a prior ordinance when the City Council approved the placement of newspaper racks by USA Today, there had been no real regulation under Section 25.6. Negatives of using this provision were that it was very general and a permitting system would be necessary to require certain administrative costa and enforcement costs and might not be as effective as a more specific newspaper rack ordinance. Another option was to enact a newspaper rack ordinance. An ordinance from the Town of Flower Mound was felt to be very good. It was more specific and effective, was not a permitting system, could be enforced through Code Enforcement and had been tested with a newspaper vendor. Since it had gone into effect, there had not been any challenge to it. It enforced the placement of newspaper racks through a Code Enforcement survey. If the rack was not in compliance, the City issued a notice of noncompliance and either requested the newspaper to remove the rack or removed it by the City. A negative with this option was that the ordinance was not one which would prohibit the placement of newspaper racks in residential neighborhoods which was the initial concern of the citizen. There was no general regulation of the appearance or place of placement. There was a general requirement to relocate or replace a rack which resulted in visual blight or excessive space allocation in the public right-of-way. As a result of questions from Council Members, additional research was done resulting in another provision which could be added to the Flower Mound ordinance. That provision was one from Highland Village which stated that no newspaper rack would be installed, placed or maintained on any public right-of-way which was not adjacent to a commercial business. It also restricted one newspaper rack in each location which was not recommended by staff. There was a Supreme Court case which indicated that residential newspaper racks could be completely banned however, that was from a dissenting opinion. A final option was to do noshing at this particular point in time. Council Member Durrance stated that he was concerned about the fact that an outright ban might be possible. He questioned if that fit into a content neutral issue. • City Attorney Prouty stated that if there were other ways of distributing the information in the newspaper, that time and place were discussed, the dissent indicated that that was content neutral r and was narrowly drawn. Council member Durrance asked if that might be a problem where there might be B-10 racks in a row on a corner. s o 0 City Attorney Prouty indicated yes that that might be a problem. He also expressed a concern that first a compelling interest had to be shown to ban the racks in the neighborhood and some of those same interests such as blocking the entrance to a residential area or if it were unsightly might be urged by commercial establishments. The Council would have to find that there were • • City of Denton City Council Minutes April 22, 1997 Page 4 special circumstances in residential neighborhoods that required a ban in the residential neighborhoods art not a ban in commercials areas. Council Member Durrance stated that it would be permissible to limit the racks to not being placed in a walkway or a place where it would create a hazard. City Attorney Prouty indicated that the best way to prcceed would be to create an ordinance similar to the Flower Mound ordinance which centered on specific problems which were being created such as blocking an access way, detracting from vehicular traffic or that it was unsightly. Some of the problems which the racks caused might be controlled under current ordinances such as a trash and weed ordinance. If a rack caused such a problem, it would be in violation of that ordinance. Council Member Cott asked how many complaints had been received in the past five years. City Attorney Prouty stated that since 1983, there had been only three or four complaints, Mayor Pro Tem Brock stated that there was a more immediate problem that if the Dallas Morning News had a program of putting a lot of racks in residential areas, an entire row of racks might appear. City Attorney Prouty stated that staff had been advised that that was happening in some areas. Council Member Biles stated that he drove in a particular residential area today and counted eight Dallas Morning News and six Denton Record-Chronicle newspaper racks. It was his understanding that the Circuit Court made an affirmative finding that a ban on newspaper racks in residential areas did pass the three constitutional conditions. Council Member Young stated that there had been only one complaint • regarding this issue. There were more serious items the Council needed to consider. He suggested leaving the ordinance was it was and if more complaints were received, then proceed with further study. Council Member Beasley stated that the local newspaper indicated that it would like to have racks banned in residential areas • because it felt it was a blight in the neighborhoods and would • raise the costs to the local paper as it would have to compete with larger newspapers putting the racks in residential areas. She was in support of looking at an ordinance including residential areas. Mayor Pro Tem Brock indicated that she shared concern that citizens have access to newspapers but it was cheaper to take the paper at • • City of Denton City Council Minutes April 22, 1997 Page 5 home than buy it from a rack. She felt it would be appropriate to restrict the placement of a rack in a residential neighborhood. That would not be restricting the way news was reported or collected. She would support a combination of the Highland Village and Flower Mound ordinances but not restrict the number of racks. Biles motioned to direct staff to prepare an ordinance for council consideration which combined the findings of the necessity, safety and public health and employed the items 1-12 out of Section 103 of the Flower Mound code which restricted the placement of newspaper racks within a certain number of feet from crosswalks, sidewalks, drive-avo, etc. and included the prohibition in the Highland Vill, :irdinance that indicated that racks could not be placed anywhere which was not adjacent and contiguous to a commercial business and to not include that portion which limited it to one rack. City Attorney Prouty stated that staff was also recommending not to charge for the permit. Staff would recommend that the City Manager provide a report six months from the day such an ordinance was enacted and based on that report determine if a charge should be made for administrative costs. Council Member Biles stated that his motion did not include any permitting or fees at this point in time. Council Member Durrance seconded the motion. Council Member Cott stated that this was a classic increase in market share and Council was now restraining that. There might be a restraining of trade problem here. He felt the local newspaper was against this due to competition problems. Mayor Miller stated that the citizens brought this issue to Council. He felt that the racks were unsightly in neighborhoods. To restrict the racks in residential areas was not restricting the ability of newspapers to sell papers as there were many places to purchase the newspapers. Denton was not so large that a citizen • could not get a newspaper from a convenience store. He was concerned that if something was not done, there might be a campaign to see which newspaper could out do the other. Council Member Durrance stated that Council had a duty to protect neighborhood rights. The ordinance should be framed correctly in order to protect Constitutional rights. There might not be a • widespread problem but it was the duty of Council to protect I • • J neighborhoods. Council Member Young felt that not enough research had been done in this area. When such a process was started, it limited the access people had to newspapers. More research should be done in this area. • f City of Denton City Council Minutes April 22, 1997 Page 6 i On roll vote, Beasley "aye", Brock "aye", Cott "nay", Durrance i "aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion i carried with a 5-2 vote. 4. The Council received a report, held a discussion and gave staff direction regarding a briefing on the Police Depart'ment's SAFE Team. Sergeant Scott Jenkins stated that SAFE stood for support, abatement, forfeiture, enforcement. The support was for property owners as they improved their properties, abatement of properties used as a base for criminal activity, forfeiture of the assets from criminals and non-compliant owners and enforcement of criminal and civil laws. Today's situation in Denton had people and groups engaging in organized criminal activity, criminal street gangs, prostitution and drug use that often went unchecked. This program could be utilized to fight these problems. The mission of the Denton Police Department was to positively impact the quality of life throughout the community. The SAFE Teaaiwould integrate every enforcement arm of the City to neutralize property used as a base of operation for criminal activity. Departments involved included police, fire, legal, code enforcement, building inspections, consumer health and other outside agencies such as TABC and the Attorney General's office. The Team would target properties with high calls for service from police, fire and other departments which drained city funds. The Team would start with the worst problems in every district in the city of Denton and closing or seizing properties from non-compliant owners. The Team would be assisting compliant owners in making the required improvements to revitalize their properties which would improve neighborhoods. Improved neighborhoods could bring in additional tax revenue due to increased property values. Current law established non-traditional methods to deal with continual problems which plagued Texas and Denton alike. Crimes targeted included distribution and use of controlled substances, organized criminal enterprises, prostitution, criminal acts at sexually oriented businesses, street gangs, gambling, reckless or discharge of firearms, distribution of pornography. People held responsible were owners of property, owners of businesses, renters of property, managers of property or any combination of these. r Council Member Cott asked if this was a new program. Jenkins stated that other cities already had implemented this program. • Council Member Young asked if this was this giving the police too O O much power and infringing on First Amendment rights. City Attorney Prouty stated that police officers would not have the authority to do that. Before action was taken, there would be an effort to get the individuals to comply with the law. If not, a • • I , City of Denton City Council Minutes April 22, 1997 Page 7 I warning would be issued and then start legal proceedings. This type of program had been used before and was within the legal ramifications of the statutes. Jenkins continued with the process involved in the program. First, problem locations were identified by officer observations and citizen complaints. Once a complaint was received, a preliminary investigation was started which examined the calls for service. Statistics were compiled on arrests and offenses which occur on these properties with an analysis on calls for public safety services. A completed investigation was then sent to the SAFE team coordinator to make a decision to open a case. That decision was based on at least a 3 arrest minimum. A case could be referred if it did not have the minimum number of calls or criminal arrests. The SAFE team officer would coordinate with other city departments to prepare for an inspection of the property. The owner, manager or tenant would be informed of the investigation and would be asked for permission to inspect the property. Property inspections could be done by permission or by a search warrant. Each code violation would then be documented. Life-threatening violations were dealt with immediately with citations. A date for an accord meeting would be set. At an accord meeting, the owner would be informed of B all the criminal activity with a complete list of the violations. Compliant owners would sign an agreement to take measures to correct the criminal and code problems and would agreed to a reinspection of the property. Non-compiiant violations would be documented, citations issued or arrests made. Additional inspections would be conducted as necessary. The last resort would be filing a civil suit which would be a legal case presented in District Court. The. City would request an injunction against the owner to stop the criminal or civil offenses. Consequences associated with the proposal included fines of up to $10,000 and the property vacated for up to a year. The owner could sign the property over to the city, a property management company or a non- profit organization for revitalization. Ninety-eight percent of 1 activated cases were resolved before going to District Court. Results of the program included revitalization of neighborhoods, criminal enterprises eliminated, reduction of crime in target • areas, reduction of calls for service in the target areas. Council Member Cott asked if this was new system and had it been through the City Attorney. Jenkins replied that the City of Dallas had been doing this program for over eight years and other agencies had been doing it longer. Denton was not creating a new program and no new personnel would be • • used. This was doing business a different way by utilizing the same people and funds in a different way. Council Member Beasley felt that the City should proceed with the implementation of the program. • 0 t City of Denton City Council Minutes April 22, 3997 Page 8 Council Member Durrance stated that this was a necessary and { forward looking program. These programs provided better I! cooperation of law enforcement and encouraged compliance with current laws. This program worked with the community service programs already started in departments. Council Member Biles stated that this was a multi-disciplinary approach. Often these ypes of problems were not an isolated violation but multi-violations. Council Member Young stated that he suppoit.:d the program but felt it needed to be done all over Denton and not just in southeast Denton. People should be given fair warning before legal action. Mayor Pro Tem Brock stated that there were some areas along the highway near where she lived where drugs were sold and other types of problems using traditional policing that was not effective. Having a whole set of approaches would help to resolve those problems. Chief Jez stated that the real benefit was the opportunity which it provided for long term resolution rather than repeated violations. Mayor Miller stated that the program would be one way to work to reduce and eliminate criminal activities. Beasley motioned, Cott seconded to proceed with the program. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Durrance "aye", Young "aye", Biles "aye" and Mayor Miller "aye". Motion carried unanimously. 5. The Council receive a report, held a discussion and gave staff direction regarding off-premise signs along highway entrances. Rick Svehla, Deputy City Manager, stated that the Vision Project and the Denton Development Plan were looking at scenic highways bills and the limited use of signs along entranceways as approved by the Scenic Highway Act. In 1990 Denton became certified by the t state to do permitting for signs along highways in Denton. There had been some successes in two areas. One was that there were not quite as many large signs and the second a reduction in size. However, signs were still being built and permitted along highways. f Many cities used the right-of-way and regulated space along or parallel to that right-of-way. That distance could vary which would still allow signs 1,000 feet from a right-of-way. Staff felt t that if the Council wanted to pursue the proposal, the 1,000 feet I t J should be used for placement. Public hearings would be held at the Pldnring and Zoning Commission and at Council prior to amending the sign ordinance. If such an amendment were made, it should be written to not allow an appeal to the sign Board of Appeals. Staff had also explored the issue of amortization. In the past it as possible to amortize signs but in 1978 a billboard lobby got an • • City of Denton City Council Minutes April 22, 1997 Page 9 amendment passed which did not allow amortization along Federal ` highways. It was possible to amortize signs along farm-to-market I roads which were State roads. Council Member Cott asked if the Chamber of Commerce had seen this recommendation. Svehla replied no. Mayor Pro Tem Brock stated that there were two issues which made this proposal urgent. One was caused by the -ace track which would have various kinds of businesses wanting to advertise along the highways. Fort Worth had already created a scenic highway corridor which was something Denton needed to move ahead with. The second issue was the concept of overlay zoning along the major corridors. This would be a beginning and would be appropriate to tack on to the current sign ordinance. Council Member Biles stated that he asked to have this item on the agenda as a matter of timing because the City was currently considering the Denton Development Plan as well as the zoning ordinance. Both of those were trying to establish a signature i identity of Denton. The entranceways would be key to that. He asked if a billboard could be put up as an on-premise sign or was that prohibited. Svehla stated that if the sign were free standing, it would be limited in size as opposed to one attached to the side of a building which could be billboard size. Council Member Biles stated that the present sign ordinance limited the height and square footage of the signs. If a scenic corridor were adopted coupled with the present sign ordinance, billboards, except for current ones, would be eliminated. If amortization was followed for area highways, there would be a time period by the end of which billboards would have to be taken down and be eliminated. He asked if the amortization could be expanded beyond Loop 288 to such streets as Carroll Blvd. • Svehla replied it could apply to any street so designated. Council Member Young asked what signs would be eliminated. Svehla replied that it would not eliminate the existing signs on the freeways or federal highways. It would not permit any more to • be built. On roads which did not have federal funds, a district would be set up in which, after a period of time, existing • O billboards would be eliminated. Biles motioned, Brock seconded to direct staff to prepare an ordinance for consideration first by the Planning and Zoning commission and then by Council to designate 135E, 135W and 135N, • • 77 7 • • City of Denton City Council Minutes April 22, 1997 Page 10 U.S.380, U.S. 377 and Highway 77 as scenic corridors. A special designation for amortization would be made for Loop 288, farm to market roads and other major arterials in the city. The corridors would be measured 1,000 feet from the outside of the right-of-way and would include off-premise signs and billboards. Council Member Young stated that signs attracted business and this proposal would attack business. That would send a message that Denton had enough business. Everyone who voted for the motion was saying that. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Durrance "aye", Young "nay", Biles "aye" and Mayor Miller "aye". Motion carried with a 5-2 vote. With no further business, the meeting was adjourned at 8:00 p.m. f JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CIT: SECRETARY CITY OF DENTON, TEXAS i ACCO0381 • r 4 • - - 0 • i Keep Denton Beautiful AOenda P Pam P.O. Box 374 • Denton, Texas ((ppII 3 37 MEMORANDUM DATE: June 10, 1997 TO: Mayor Miller and City Council FROM: Cecile Carson, Community Improvement Manager RE: Texas Forest Service Award Denton has been selected as the winner of the 1997 Texas Forest Service award in the Local Government category. Keep Denton Beautiful submitted an application to recognize the Water Reclamation Plant Tree Nursery project. The project has combined the resources of the Water Reclamation Plant with volunteers. Since January 116 volunteers have donated 290 hours to potting and maintaining the trees. Boy Scouts, Master Gardeners, Keep Denton Beautiful members, UNT students and families have joined together to pot the seedlings. The Water Reclamation staff and volunteers monitor, weed and check the condition of the trees. In addition to the aw, •a 1 asked to make a presentation on developing partnerships i between local govt. profit organizations to promote tree planting. The Texas Forest Service is using . „ ':e .1 promote the development of this type of partnership on a statewide basic. The L. 13. dnt appi; •ation from the Texas Forest Service promotes Denton and Keep Denton Beautiful and describes wr tree inventory project. We appreciate the opportunity to work with Jim Coulter and the Water Reclamation Plant staff on the tree nursery project. The City will receive a beautiful painting in recognition of the award. The award will be presented on Friday, June 13, 1997 at the Fort Worth Botanic Garden as part of the Texas Urban Forestry Conference. We will present the award to the City at the June 17 City Council meeting. • i Cecile Carson cc: David Hill - -...ra41 0.4 4.• • Apaada hu,~ Ap4nda IteZ Date , CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager DATE: June 17, 1997 SUBJECT: Hold a public hearing and consider an ordinance rezoning 27.749 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district. The subject property is located northeast of the Municipal Power Plant, approximately 2,700 feet east of Woodrow Lane. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (4-0). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTFO: Not applicable. FISCAL IMPACT: None. I • f i • i Please advise if I can provide additional information Respectfully submitted: . It t---'4& - Rick Svehla Deputy City Manager Prepar Walter E. Reeves, Jr., AICP- f Urban Planner Approved by: I Da ' ill, AICP, ASIA Director of Planning Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes of 5/14/97 P&Z meeting. • 02, e • ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: June 17, 1997 Subject: Z-97-012 GENERAL INFORMATION Applicant: Mr. Rob Rayner 1108 Dallas Drive Denton, TX 76205 Owner: Mr. John McCormack 1303 Campbell Road Houston, TX 77055 Action: Rezone 27.749 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district. Location: The subject property is located northeast of the Municipal Power Plant, approximately 2,700 feet east of Woodrow Lane (Enclosure 1). ` Surrounding Zoning and Land Use: LOCATION ZONING LAND USE North: See Enclosure 1 Vacant. South: See Enclosure 1 Vacant, Power Plant, some single family rasroential us Wrther south. East: See Enclosure 1 Vacant West See Enclosure 1 Vacant. enton Development an: ran enter SPECIAL INFORMATION The subject property will require platting. Public improvements could include extension of water and sewer service, drainage improvements, fire hydrants, street y lights, and streets. The Council recently approved a $700,000 City funded project to extend a street (Morse or Shady Oaks) through tho area `rom Woodrow to Loop 268. BACKGROUND The subject property was placed in the Agricultural (A) zoning district by Orc lance 69.01, which adopted a new zoning ordinance and map in 1969. Property to the west ® was rezoned to the Light Industrial (LI) zoning district in 1983. Property to the north f~ 0 e y and east was rezoned to the Light Industrial (LI) zoning district in 1985. PD-55 further J to south was for the placement of three mobile homes. No file or ordinance Page 1 • r apparently exists for SUP-008, and its purpose is unknown. If this rezoning is approved, there will be two 'islands' of agriculturally zoned land that will remain. Both of these areas are owned by the City of Denton. NOTICE Five (5) notices were mailed on May 16, 1997. As of the time of preparation of this report no replies have been received. ANALYSIS The site is located in an Urban Center, and is not directly adjacent to single family residential property. Denton Development Plan Policy Analysis Summary Major Activity Center Development Rating VS Polley POLICY COMMENTS $11111nWA"q' sor"tat c„wn.a kooftht t rrxwar.. Intensity. Unlimited X Land use drienity, Including high NA. 'density housing, should be encouruged but new low density housing wilt p,wde a Iransi tion to lower Intensity adjacent areas but also piovlda transportation balance and energy conservation by having housing in close proximity to jobs and services. Low density residential areas on the No low density residential zoning or use on Inngs of these mayor activity centers tits, fringe of this area (vacant lend and LI si be protected by such zoning). Some low density use found to Rw measures as Intensity gradation, south (PD36, for 3 mobile homes) and slid site design requlnements, southeast (SUP 008, use unknown), as well x transportation planning and as some single farrOy and multi-family implementation, land use balance resldi use south of Spencer Road. Low and landscaping, Fuller traffic densly, use Is not adjacent (0600 ft. south) to planting should ensure that r10 local subject property. Landscaping would be residential streets are utilized for required as par the Landscaping Ordinance at general circulation to the centers, the fima a building permil was Issued A ~ RECOMMENDATION The Planning and Zoning Commission recommends approval (4-0), ALTERNATIVES 1. Recommend approval as recommended. O 2. Recommend approval with conditions. , O 3. Recommend denial. 4. Postpone consideration. a Page 2 y 1 ENCLOSURES 1. Location/Surrouding Zoning map. i w i r., L ~ ~ O i Page 3 S, 91 • • • A P ` 4 - JA„_A Cai~bE~11 c ETJ LI o _ _ Y r LI ! f PD SUP008 HIMMM J ~b6 A ti • 1 . c i LI UPI = - 21 - MF-1(c) s~ ~r t . A •n.. h~i i 42 C(C) • • i ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM HE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 27.749 ACRES OF LAND LOCATED NORTHEAST OF THE MUNICIPAL POWER PLANT, APPROXIMATELY 2,700 FEET EAST OF WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Rob Rayner, on behalf of Mr. John McCormack, initiated a change in zoning for 27.749 acres of land from the Agricultural (A) zoning district classification and use designation to the Light Industrial (LI) zoning district classification and use designation; and WHEREAS, on May 28, 1997, the Planning and Zoning Commission recommended approval of a chanp ' i zoning from the Agricultural (A) zoning district classification and use designation to the Light ndustrial (LI) zoning district classification and use designation, and WHEREAS, the City Council finds that this change in zoning district classification and use t designation will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the zoning district classification and use designation of the 27.749 acres of land described in Exhibit 1, attached hereto and incorporated by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Light Industrial (LI) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. • SECTION 11I. That any person violating any provision of this ordinance shall, upon cc,nviction, be fined a sum not exce.ding $2,000.00. Each day that a provision of this ordinance is r { violated shall constitute a separate: rd distinct offense. SECTION I _y. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be • published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, C Texas, within ten (10) days of the date of its passage. 7- Page 1 of 2 a • PASSED AND APPROVED this the day of . 1997, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY BY: 1 • r • 0 Page 2 of 2 s 27.749 ACRES FIELD NOTES to all that certain tract of land situated in the City and County of Denton, State of Texas, and being a part of the Mary Austin Survey, Abstract No. 4 and being part of Lot 1, Block 1 and a part of Lot I Block 2 of the Municipal Utility Addition, an addition to the City and County of Denton, recorded in Cabinet 0, Page 346 of the Plat Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the Northwest corner of said Lot It Block 1; THENCE South 02 Degrees 13 Minutes 34 Seconds West along the West line of said Lot 1, Block 1, a distance of 110.27 feet to a 1/2" Iron rod set at the Northwest corner of the tract being described herein and the POIkT OP BEGINNING, said iron rod also at the Southwest corner of a drainage and utility easement as shown on said Plat; THENCE North 88 Degrees 12 Minutes 27 Seconds East, along said easement South boundary iine a distance of 149.37 feet to a 1/2" iron rod set for corner; THENCE South 57 Degrees 16 Minutes 37 Seconds East, continuing along said easement South line a distance of 824.65 feet to a 1/2" iron rod set for corner in the East line of said Lot i, Block 1; THENCE South 00 Degrees 08 Minutes 00 Seconds East, along the East boundary of said Lot 1, Block 11 passing at 394.04 feet the Southeast corner of said p Lot 1, Block 1, some being the North Right-of-Way line of Morse Road, continuing and passing the South Right-of-Way of Morse Road, same being the Northeast corner of said Lot 1, Block 2, continuing and along the East boundary line of said Lot 1, Block 2, a total distance of 1137.91 feet to a 1/2" iron rod set for corner; l THENCE South 88 Degrees 05 Minutes 58 Seconds West, a distance of 864.11 feet to a railroad cross- tie found at a salient corner of said Lot 1, Block 2, and also being the.Easterly Southeast corner of a tract of land described in Volume 2124, Page 775, Real Property Records, Denton County, Texas; THENCE North 00 Degrees 36 Minutes 10 Seconds East along the most Northerly West line of said Lot 1, Block 2, same being the East boundary line of said tract described in Volume 2124, Page 775, of the Real Property Records of Denton County, Texas, passing at 918.55 feet the Northwest corner of said Lot 1, Block 2, same being the South Right-of-Way of Morse Road, continuing and passing the North Right-of-Way of Morse Road, same being the Southwest corner of sai3 Lot 1, Block 1 continuing and along the West Boundary line of said Lot 1, Block 1 a total distance of 1572.24 feet to a 1/2" iron rod found for corner; I THENCE North 02 Degrees 13 Minutes 34 Seconds East, continuing along the West line of said Lot 1, Block 11 a distance of 35.55 feet to the PLACE OF BEGINNING and containing 27.749 acres of land more or less. JOHN E. THOMPSON ll R.P.L.S. No. 4857 DATE Job # 94260 J Southwest Land Title Co. OF# 94F 354018 h!1j _J..TTHOMPSON ' ~0 4157~T 1 or NI% q SUP pl- • • ATTACHMENT 3 R A P&Z Minutes j115Lr, May 28, 1997 Page 2 Ms. Schertz: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (4-0) III. Hold a public hearing and consider a request to rezone 27.749 acres from the Agricultural (A) zoning district to the Light Industrial (LI) zoning district. The subject property is located northeast of the Municipal Power Plant, approximately 2,700 feet east of Woodrow Lane. (Z-97-012) Ms. Schertz read the rules of procedure for the public hearing and opened the public hearing. Mr. Reeves: This is a rezoning of twenty-seven plus acres located just northeast of the municipal power plant and about twenty-seven hundred feet east of Woodrow Lane. This is in an urban center and there are not a lot of policies of the Plan that apply here. It is consistent with those policies that apply, The surrounding land has been zoned Light Industrial and had been that since 1983 for the area to the west and 1985 for the area to the north and east. We did sent out notices on May 16th. We have not received any replies to date. Staff recommends approval. Sir. Powell: What is an urban cente-? i Mr. Reeves: An urban center is defirkd by the Plan as being an area where, unlike 1 ;Moderate intensity or low intensity area, there is no intensity policy in place. It exists to serve, al kinds of higher intensity uses and is there to encourage higher intensity uses. There are curre.itly three urban centers, the mall area, the downtown area, and then the northwest area where Loop 288 meets 1-35N. Ms. Schertz: Would the petitioner care to speak? Mr. Robert Rayner: My name is Robert Rayner and my address is 1108 Dallas Drive, Suite 310. This property was once owned by the City of Denton and the applicant owned some property on Spencer Rd. There was an exchange done and the applicant acquired this twenty-seven acres which was zoned Agricultural, We would like to have it rezoned to Light Industrial so that it will be in line with our plans for the property. Mr. Powell: What is the use going to be? • Mr. Rayner: It will be an industrial use. Ms. Schertr Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Are there any final remarks? 0 Mr. Moreno: I move we recommend approval of the rezoning of 27.749 acres from the • • J Agricultural (A) zoning district to the Light Industrial (LI) zoning district. Ms. Ganzer: Second. Nis. Schertz: Aiy discussion? All in favor of the petition please raise your right hand. Opposed same sign. Approved. (4-0) 0 _ 0 • • Atierda No. -083 CITY COUNCIL REPORT Agenda item TO: Mayor and Members of the City Council Owe fo FROM: Dave Hilt, Director of Planning and Development DATE: June 17, 1997 SUBJECT: Hold a public hearing and consider an ordinance to rezone 77.6 acres from the Agricultural (A) zoning district to the Planned Development (PD) zoning district and consideration of a development plan. This tract Is located on the east side of Lillian Miller, approximately seven hundred fifty (750) feet north of Robinson Road. (Z•97- 013) RECOMMENDATION: The Planning and Zoning Commission recommended approval of the rezoning request (4-1) at its meeting on May 28, 1997. SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None, Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, Z&A ick Sve I Deputy City Manager ared by: ~ Don Bateman Senior Planning Technician Approved by: 0`~ - O O D,ayr M, Hill ((C-~~~ Director Planning and Development Attachment #1: Planning 27d Zoning Commission Report. Attachment #2; Planing and Zoning Commission Minutes from May 28, 1997. Attachment #3; Ordinance. APTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council From: Planning and Zoning Gornmission Date: June 17, 1997 Subject: Z•97-013 GENERAL INFORMATION Applicant: Jim Haddock James R. Harris Company 6300 Ridglea Place, Su;te 824 Fort Worth, Texas 76116 Owner: Arthur $ Norma Johnson 3371 Forest Glen Drive Denton, Texas 76205 Action: Request to rezone from the Agricultural (A) zoning district to the Planned Development (PD) zoning district and consideration of a development plan for single family lots, minimum 6,000 square feet (SF-6). Location and Size: The subject property consists of 77.6 acres located on the east side of Lillian Miller, approximately seven hundred fifty (750) feet north of Robinson Road. Surrounding Land Use and Zoning: LOCATION ZONING LAND USE North: SF-7 Vacant; Sundown Ranch South: Agriculture & SUP Lakewood Estates MHP, Radio Station; GTE East: Agriculture Denton State School West: SUP Denton West MHP • Denton Development Plan (DDP): Low Intensity Area #77 (125% allocated). SPECIAL INFORMATION The property is r platted. Platting the property will be necessary to divide the tract for a residential subdivision, as proposed, following approval of the rezoning request. Public ® improvements needed to support this developrrant will include the construction of internal + o streets, extension of water and sewer lines to the property, installation of fire hydrants, and dedication of various drainage and utility easements. These issoiss will be addressed during the platting phase. Page 1 • BACKGROUND January, 1969 = Property is zoned Agricultural (A) with adoption of the 1969 zoning map. March 13, 1964 = Property is rezoned from Agricultural (A) to Planned Development (PD) to allow for mixed uses consisting of single family, two family, multi-family, office, and neighborhood services with Ordinance #64.29. December 8, 1992 = Property is rezoned from the Planned Development (PD) district to the Agricultural (A) district with Ordinance #92.202. NOTICE Nine (9) property owners were notified of the request on May 14, 1997. Two reply forms have been returned in favor and two have been returned in opposition. The 20% percent rule is not applicable in this case. ANALYSIS The table below will provide a summary of the Plan related analysis for this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Signeicartly somewhat Conslstwt Inconsistent Incaxislerd To be consistent whh IM Plan. a Allocated Intsnsil (existing toning) . development should not exceed Is 4,6% trips. Aduel edensty, (p(opoced roning) x etloceted intensity. . 0.600 dips I There are resdantid propertbs sdjacont Sbict see plan control within .600 feet of to the subject property. A see plan will X existing low dansny residential. be reviev ad wth the proposed planned develop, srt. Traffic design to r inwa that Mufti-FaMly or No Rsskfertiel uses lave access to Non-residential and multifamily woo v x coileclors or larger erlerlde wth no dkect not propossd, access through residential streets. O Sufficrrt green space, recreational fack4a and diveney, d parks are The park pion Is voluntary. provided, / Input into ptsnning by ro:ghbonc4od A neighborhood rnwing has been S, associetmns and ccuncils is encouraged. suggested. Ne+ghborhood servals center is Not opptdable as ran reeidentlal is not ® encouraged. proposed. Sowetion Not spickabla O O Page 2 . ....u,«...,....e-w~-yo*/--~'~ , r ~IL~1lw,lsw, .._,......rww.......~.a • • Any form of contkwrars strip cvTvrwcial devaloprtwt Is d ongty discouraged In Rssklertlal Is proposed. X or near low "w ly areas. The topography d Ow lend may resutl in Topography drainage Issues that will be addressed x during the plotting stage. Lon Intensity Area Donned - The prkrwy purpose of those noes Is to rvurs the overall land useNanspoUlon bala-Ice by cortrotlrp the overall deraNy end IrWa ty. Further, thess area represert prkrwy houskp areas In the Cy of Denton. Thus, these woos nhoufd emphasize residrtlal use ktelead d a mbdurs of residential and norruklen W. RECOMMENppATION The Planning aril Zoning Commission recommends approval of this request (4.1). ALTERNATIVES 1. Approve the request as submitted. 2. Approve the request with other conditions. 3. Deny the request. 4. Postpone consideration. ENCLOSURES 1. Location Map. 2. Proposed Development Plan. 3. Ordinance #84-29. 4. Ordinance # 92.202. 5. Surrounding Zoning Map. 6. Surrounding Land Use Map. • E Page 3 L • • r ENCLOSURE 1 Z-97-013 J SITE ~s~~»=~' ; I 9606 0 0 330Q 9669 r 1 n.rstieo: 9 111I1i mJIM \ x rat i ~i i 'k1440 f-W + ~1I l( IL11RL-1 1UL302 _ N c- - • • s i W'YFYYN CpI4I.....1pY "•1 i WW!R.\KMV+t1.••!!n. • 1 WWY1[..uIItMM n. wa... M.wnsuw... fes ' L.PU177tl9ln.lp O rIn III ~ • _ f tl I jam' \ % i C' p ( f J sir O 3 1Z. 1 ~ Ill m..nlwr ON, "-M-550n kAtr-4YADDTMn ,..VI1 r. r- NV I A ' / arnnfa v I♦'r1.. n ~n>-.aarr rl. 1 oil • • ENCLOSURE 3 G i NO. Ss 9 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OP ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 78.112 ACRES OF LAND OUT OF THE BENJAMIN LEWIS SURVEY, ABSTRACT NO. 769, AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO. 421, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN=4, TEXAS, HEREBY ORDAINS: SECTION L. The Zoning Classification and Uce designation of the follow- ing described property, to-wit: Being all that certain tract or parcel of land situated in the Benjamin Lewis Survey, Abstract No. 769, and the Jeremiah Fisher Survey, Abstract No. 421, Denton county, Texas, being part of a celled 78.112 acre tract descriL_J in a deed from Henrq S. Miller Realty Trust to L. R. Herkimer on December 27, 1918, recorded in Volume 980, Page 889, Deed Records of said County, and being more particularly described as follows: BEGINNING at an iron rod at a fence corner at the southeast corner of said Lewis Survey, and the southeast corner of said Herkimer Tract; THENCE north 88°49' west with the south line of said survey a distance of 603.5 feet to a steel post in concrete; THENCE north 1°49'42" east 981.81 feet to a steel post in concrete; THENCE north 88°43'52" west 387.89 feet to a steel post in concrete; THENCE south 14°ll'05" west 309.30 feet to a steel post in concrete; THENCE south 72°37' west a distance of 555.13 feet to an iron rod at the southeast corner of a 0.5 acre tract described in a 4 deed from L. R. Herkimer to General Telephone Company of the Southwest on February 26, 1982, recorded in Volume 1130, Page 571, Deed Records; ! THENCE north 17°23' west a distance of 71.97 feet to an irun pin; i THENCE south 72437' west a distance of 313.16 feet to an iron rod on the east right of way of Farm Market Road 218L; THENCE; north 33°43' west with said right of way 15.66 feet to a y wood right of way post at the beginning of a curve; J THENCE northwesterly with said right of way around a curve to the right having a central entle of 14°12'54", a radius of ,905.1 feet, a chord of north 26 ';'57" west 694.16 feet, and an arc length of 695.95 feet to a wood right of way post; THENC: north 18°51'15" west with said tight of way 377.67 feet to a fence corner; Z-1634/WALTER H. DeRONDE/PAGE 1 c , • • THENCE south 88°58' east with a fence 797.6 feet. to an iron rod; THENCE north 1°46' east with a fence on the line between said Lewis and Fisher Surveys 803.6 feet to a fence corner; THENCE south 88°54'20" east with a fence 1568.9 feet to a fence coiner on the east boundary line of said Lewis Survey; THENCE south 1°44'39" west with an old fence on said survey line 2265.50 feet to the place of beginning and containing in all 77.600 acres. is hereby changed from Ag:icultural "A" District Classification use to Planned Development "PD" District ClassifLcation and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: 1. S ecific site plan approval is required for the office/retail, neighborhood service, medium density residential sections and the portion of the multi- family restricted directly north of the fourplex use. 2. Final utility layout, street alignment, curb cut and driveway location and overall plans for access shall be determined during the site plan approval and/cr plat processing stage; no iriveways or curb cuts shill be permitted on FM 2161, 3. A twenty-five (25) foot setback along the FM 2181 frontage for the office/retail and neighborhood service uses shall be required, This area shall be landscaped and used as greenspace. No parting shall be allowed in this area. 4. There shall be a maximum height of two (2) stories for buildings in the office/retail and neighborhood service sections. 5. There shall be a maximum of two (2) deteched signs allowed in the office/retail and neighborhood service sections. Tha height and location of these signs will be determined during site plan apprnval. 6r No portable signs shall be allowed in any areas of this development. 7. The pro osed thirty (30) foot greenbelt shall be excende? along the northern boundary of the medium density residential section to the first proposed collector street. I r 8. An adequate screebing device shall be constructed along the northern boundary of the medium density residential station between the proposed first and second collector streets. • 9. The development atoll conform with the approved PD concept plan. 10. Right-of-way consistent with Highway Department requirements and projections for future need shell be eedice,ted on the preliminary and final plat. 11. If 25 percent of the development, with a minimum of i S percent single fa,aily, is sot developed within ilve (5) years, zoningg will revert to its previous agricultural (A) classification. Z-1634/WALTER H. DeRCNDC/PAGE 2 a ' era. - - - - - - - - - _ f i • h - The Zoning Map of the City of Denton, Texas, adopred the 14th day of January, 1969, es an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting tht general welfare of the City of Denton Texas, and with reasonable consideration, among other things for the character of the district end fore or its peculiar suit-bility or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 3 day of March, 1984. 1+ARD 0 CI OF ON, TEXAS ATTEST: (21a~C.-Azim - CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 1 BY i i Z-1634/WALTER H. DeRONDE/PACE 3 9, • • • r .rL`i r~ .w{ .aa. RI ~r w. 1 SI! j ~ ° h Ire; /II / IAf{J rl ~t'C;~\~~\i / / ~ Cr .l.~cur• nwrr lei I • JJ / t /j 1, r , J _h- i Y •`,•1 arrr f 71r .,t r r 11 IJII to 4'1:~r'i,: A WA /fn/ \11 111 1!1 j/// I/ \111~If llf Ya Owl , \ ~ / if F -A, 1 7y 1 i r • • ENCLOSUF.E 4 I { ORDINANCE NO. "0700 ~ AN ORDINANCE OF' THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICT NO. 68 TO AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 77.6 ACRES OF LAND LOCATED ON THE EAST SIDE OF FM 2181 APPROXIMATELY ONE-HALF MILE NORTH OF RYAN ROAD; FROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. f,HEREAS, Arthur N. Johnson has applied for a change in zoning for 77.6 acres of land from Planned Development Zoning District No. 68 to Agricultural zoning district classification and use designation; and WHEREAS, on November 11, 1992, the Planning and Zoning Commission recommended approval of the requested change in zoning; WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTOV HEREBY ORDAINS: i SECTION I That the zoning district classification and use designation of the 77.6 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Planned Development Zoning District No. 68 to Agricultural zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any parson violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. • SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. • • • PASSED AND APPROVED this the _ day of 1992. BOB CASTLEBERRY, MAYOR • r II ATTEST: JENNIFER WALTERS, CITY SECRETARY tii✓ BY: APPRO D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 'I BY: ~~/l~e~dcc I# I PAGE 2 r a Mop f EXHIBIT "A" BRING ALL TEAT CERTAIN TRACT OR PAICBL 07 LAND SITUATED 114 'THE SBNJAMIN LIWIS SUR91S, ABSTRACT 769, AND THE JZIEMI46 PISUES SURVEY, ABSTRACT 421, DINSOR COUNTS, TIIAS. BtINC PART OF CALLED 78.11E ACRI TRACT DESCRIBED IN A DIED FROM HENRY S. MILLS& REALTY TRUST TO L..R. NRRIIKIR ON D6CSMBIR 27, 1978, RECORDED 14 VOLUME 980, FAG; 861, D190 11CORDS Of SAID COUNTY, AND BEtHC M03I PAIT7CULARLT DESCRIBED AS FOLLOWSi BEGINNING AT AN 1101 ROD AT A FENCE CORNER AT SHI SOUTHEAST CORNER OF SAID LEWIS SURVIT, AND THE SOUTHEAST CORNER 01 SAID NENNIMER TRACTi THENCE NORTH 86 DIGIEIS 49 MINUTES WEST WITH THE SOUTH Lt-it OF SAID SURVEY A INSTANCE CF 603.5 FEET TO A STEEL POST IN CONC RI:CI THENCE NORTH I DEGREE 49 MINOTSS 42 SECONDS EAST 961.61 FEET TO STEEL POST 11 CONCRETS1 THENCE NC<TR 66 DE03tES 43 MINUTES 52 SECONDS WEST 367.69 7"7 :0 A STEEL POST IN CONCRETE; THENCE SOUTH 14 DECREES It MINUTES 05 SECONDS WEST 309.30 FEET TO A STEEL POST IN CONCRETE; THENCE SOUTH 71 DECREES 37 MINUTES WEST A DISTANCE OF 555.13 FEET TO AN IRON ROD AS 711 SOUTHEAST CORNER OF A 0.5 ACRE TRACT DESCRIBED 11 A D990 FROM L.R. Ht191X11 TO CEHCIAL TELEPHONE COMPANY Of THE SOUTH ST ON FKSRDARY 26, 1962, RECORDED IN TOL04I 1130, PAGE 371, DEED RECORDS; THENCE NORTH 17 DEORE95 23 " ,vfZS WEST A DISTANCE OF 71.97 TEST TO AN IRON PIR; THENCE SOUTH 72 DEGREES 37 MINUTES WEST A DISTANCE Of 313.16 FEET TO AN IRON ROD ON 799 SAST RIGHT-OT-WAT OT FARM MARKET ROAD 2161; THENCE NORTH 33 DEGIN.s 43 MINUTES WEST WITS SAID RICHT-OF-WAY 15.0;6 TEST 70 A WOC3 IICBT-Of-WAT POST AT TR1 BIGIHA,IC Of A CURVE; THENCE NORTHWESTRILT WITEI SAID RICHT-Of-WAT AROUND A CURVE TO Tot RIGHT RAV:96 A CENTRAL ANGLE OF 14 DECRIES It MINUTES 54 SECONDS, A RADIOS Of 2803.1 FEAT, A CHORD Of NORTH 26 DECREES 05 MINUTES 57 SECONDS WEST 694.16 PEEL, AND AN ARC LENGTH OF 695.95 FEET TO A WOOD RICHT-CF-VAT POST;, ' i TBEHCE ROTTH 18 DECRIES 51 MINUTES 15 SRCOJDS WEST WITR SAL: RIGHT-OT-1•AY 377.67 FEET TO A FRACE CORNER; THENCE SOUTM 68 DECRIES 56 MINUTES EAST WITH A FENCE 797.6 FEET TO AN IRON NOD; THENCE NORTH I DEGREE 46 MINUTES 81St WITS A PENCE ON THE Lt.lf t 1 BITWEEN SAID LEWIS AND FISHIR SURVIYS 603.6 FEET TO A FENCS CORNER; Th61CE SOUTH 88 D901FIS 54 MINUTES 20 SECO40S EAST WITR A FENCS 1566.9 PENT To A F29CR COR33A ON THE EAST SWNDW LINE OF SAM LEWIS f SURVEY, i TMEHCE SCUTS 1 P90919 44 MINUTES 39 SECONDS WEST ,7TtM•Ah OLD _ ay FENCE ON SAID SURVIT LINT 2265.50 F11T TO THE PLACE Of 19GINMT90, AND CONTAINING IN ALL 77.600 ACRES. 0 c,~, • • • 0 i "tJ - fd- 1 I A L 0 SF-16 F-10 e) 1 A C(C) A -j- 1. t o I -P P 10(c) ` { ALA r mm I s 1 ! 16 PD { - ' a '`y ~ ✓ a 20 t ; SF-7 SF-10 S SUP192 , t, , e r PD 12 A r. ,,SFr S e M -T -I 1 N e I 35 22 i R cri • _ ) 7(c) • 47 r ~ t E7J---------- t _ PD oil s • I • Lam use v ~p SUP112 PD SF-10 iMaP SF-7 20 \ ~Jo~alt1~1 at1C~~ o I o do i* '^11771?tir i.- _ _ W d 4 - z J n t 'o CATS ' Ia~~ 11 f 117 a/ Q 1i .d•~ Y e' \117 ~ if, ~C 10 A71 I.I II AN\ P SUM ico P 44L ~ ~ I r•r 7 1, ~ I ^-'r ^ it r I - r Ir - !~I o 1+. ti I % A I ETJ • r r i 0 • ATTACHMENT 2 P&Z May Minutes ORAFT May 28, 1997 Page 3 IV. Hold a public hearing and consider a request to rezone a 77.6 acre tract from the Agricultural (A) zoning district to the Planned Development (PD) zoning district and consider a development plan. The tract is located on the east side of Lillian Miller, approximately seven hundred and fifty (750) feet north of Ryan Road. (Z-97-013) Nis. Scitertz opened the public hearing. Nis. Bateman., This is 77.6 acres that is currently zoned Agricultural. They are requesting it be rezoned to a Planned Development for minimum six thousand square foot single family lots. The property is not platted and it will have to be platted prior to development. This is a development plan which is the second step in a Planned Development. The first step is a concept plan which is very general and the second step is the development plan. It doesn't show any lot layouts, it states the criteria along the top, and it shows the property boundaries A detailed plan will have to be submitted and approved by the Commission before they can develop the property. The property was zoned Agricultural with the 1969 zoning ordinance, in 1984 it was rezoned to Planned Development for mixed uses. These included single family, two family, multi-family, office, and neighborhood services. In 1992 the current owner downzoned it to Agricultural. This is in a low intensity area which is currently 125 % allocated. In 1988 when the Denton Development Plan was created, the intensity area was much larger for this area. It was originally 187% allocated. As the different areas have been rezoned the intensity has decreased. With this rezoning the allocation will drop down even lower, which is part of our goal with the Denton Development Plan. There were nine property owners notified on May 14th. We have received four responses, two in favor and two opposed. it is not at 20% opposition. Staff believes that this is a good transition zoning from the SF-7 to the north, the mobile home communities to the south and to the west, the GTE substation and radio station to the south, and the Denton State School to the east. Ms. Schertz: Would the petitioner care to speak? Mr. Ottis Lee: My name is Ottis Lee and I am with Civiiworks Engineering in Ft. Worth. i am representing the applicant which is lames R. Harris Company and the owners, the Johnsons. Nis. Bateman has covered the major reasons for the request, We do believe that this will be a good transition from the mobile home areas, the institutional use, and the SF-7. • Nis. Schertz: What is the time frame that you have for completion of this project? I Sir. Lce: It will be done in three phases and the first phase we hope to start within the year. Ms. Schertz: Is there anyone that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? ° 0 0 Mr. Mitchell Turner. My name is Mitchell Turner and my address is 2118 Storegate. We are concerned about this because it will add almost four thousand vehicle trips per day on Lillian Miller, Teasley, and F.M. 2181. We are also concerned because this intensity area is still over allocated and 1 don't see how when you are adding four thousand trips per day that you :an be decreasing the allocation. I am opposed to this zoning first of all because of the poor quality of life that the residents will have to contend with that will live in this area when developed. If it is /6. 0 • I P&Z Minutes )/j 6U May 28, 1997 ~~~~u6r Page 4 ~~~SSS 1S developed as proposed there will be four hundred and sixty-five children living in this development. Imagine the traffic in the morning with the parents trying to take their children to school and to get to work. The speed limit along here is fifty miles per hour and then at Ryan Road it increases to sixty miles per hour. That isn't going to be easy. The second reason that I am opposed to this is because I am concerned about the destruction of a numerous amount of native oak trees. If this is f developed as SF-6 by the time you put a house, a garage, sidewalks, and streets in you won't have many trees left. If this were developed as SF-10 a lot of these trees would be saved and then the remainder of the addition could be SF-7 which would be acceptable as far as our ,:eighborhood association is concerned. In order to retain the quality of life and to save a lot of native oak trees I hope that you will vote against this petition as presented. Mr. Richard Simms: My name is Richard Simms and my address is 2249 Sionegaie. I am also opposed to SF-6 zoning for this property for many of the same reasons that Mitchell Turner has stated. There is a sizable pan of this property that is covered with native oak trees, they are beautiful trees and I think it would be a travesty to approve any kind of zoning that would basically end up in clear cutting what is a beautiful, natural resource for that part of Denton. With the zoning changes that have been approved for Sundown Ranch, the Hersman property, and the SF-6 zoning farther down at F. M. 2181 and Ryan Road the traffic on this state highway is going to become increasingly unbearable and the smaller the lot sizes for this property the greater the problem. 1 am not opposed to a housing development going in there but 1 hope that you will protect p the quality of live for all of us that live out in that area, and particularly the people who are going to move into houses on this property, by increasing the minimum lot size to at least seven thousand square feet and some of it is going to have to be larger than that to save the trees. Ms. Schertz: I have a card from Ms. Elizabeth Gourdie who is in opposition. On her card she simply says "Please respect this community (to be) and request the developer to raise the lot size to no less than SF-7." Is there anyone else to speak in opposition? Air. R.J. Button: My name is R.J. Button and I am the owner of Lakewood Estates and Denton West mobile home communities. 1 did fax in two replies in opposition. I have no problem with ` the property being developed as SF-7 or larger. Lakewood Estates which I developed in 1982 has a total of eighty acres with four hundred home sites. The density is about five units per acre. If you allow them to develop the property as SF-6 then the density will be greater than my mobile • home community. Traditionally in zoning mobile home communities they are high density. If I was to develop another manufactured home community then I would do a minimum of six or seven thousand square foot lots because of the size homes that we have today. The city also rc,;,iired me to have ten percent open space when I developed my property. Our community has been referred to as being the finest manufactured home community in the state by the City of Denton and the State of Texas. It sums appropriate to me that this property should be developed as SF-7. I~ • Ms. Scheru: Is there anyone else to speak in opposition? Would the petitioner care to make a rebuttal? Air. Jones arrived at 5:32 p.m. Mr. Lee: We do appreciate the concerns expressed here. We appreciate the quality of the mobile home parks next to this property, the fact that there is also an institutional use next to this it does /7. • • P&Z Minutes u u May 28, 1997 Page 5 make it difficult to look at significantly larger or different size lots than what we have proposed. There is a transition typically between those types of uses and that is the reason we have asked for k the minimum SF-6. 'Ale have indicated in our development plans that we will have a maximum of E{ five units per acre which is a lower density than you would see with the SF-6. In addition we will have detention requirements because of the existing developments. There will be some open space because of those requirements. There are no existing utilities in the area, water or sewer, so there will be some additional cost associated with that and one way of offsetting that is to decrease the lot size. We do appreciate the traffic impacts that have been discussed and because of that there will be some right-of-way dedication for the future expansion of F.M. 2181. We appreciate the need in preserving trees, and I think every developer will admit that it is a definite asset to preserve as much as possible. When you look at areas that are definite transition areas and require a higher density there are some limitations in what we can do in saving those trees. Obviously in the open areas we will do everything that we can to save as many trees as possible. Obviously with a SF-6 zoning it will be difficult to do much tree preservation in the areas where the homes are actually built and the roads are built. Ms. Schertz: Did I understand that you chose SF-6 over SF-7 because of the marketability? Mr. Lee: Not just marketability but also cost associated with the development. The other reason is that it is a transition area and the adjacent property uses. Nis. Schertz: Do you know how much open space you will have? Air. Lee: The property sits on top of a hill and has drainage in four distinct directions. We are expecting to have four areas of detention. It will probably be three to four acres of green space to provide enough detention for this site. Ms. Scherm We will close the public hearing. Does staff have any final remarks? Nis. Bateman: 1 am going to give you a short expldtaticn on trip generation. This is from the Denton Development Plan. In a low intensity area you are looking at sixty intensity trips per acre, that is the high end of the development, if you look at SF-16 the average trips per acre is twenty. As you go to SF-7 there is forty-two intensity trips. With the SF-6 that is proposed you are looking • at t-V y trips per acre. That is still Wow the sixty intensity trips per acre that they are allocated. This is the reason why the intensity drops. The property was zoned Agricultural which gives it sixty intensity trips per acre, with it going to single family use the intensity will drop. Staff recommends approval. Mr. Powell: Can you address what Mr. Turner said concerning the intensity trips. • Mr. O r. Bucek: I don't think they understand the hundred and twenty-five percent allocation. O J Ms. Bateman: When the intensity area was first formed it was at 187% allocated, It was already over allocated to begin with. In 1995 when we increased a different intensity area and decreased this one it brought it down to 155%. With the rezoning of Sundown Ranch and the Hersman property it brought the allocation down to 125%. Some of the uses that have increased the intensity and keep it over the hundred percent allocation are the mobile home communities which generate • • P&Z Minutes May 28, 1997 Page 6 eighty intensity trips per acre. That is above the sixty intensity trips. There is a planned development that allows for a light industrial use and that generates a hundred and five trips over the sixty. Then you have lames Wood Auto Park and another planned development for commercial and retail use and that is six hundred and fifty intensity trips. All of those are bringing up the intensity. When some of those areas are ready to develop, if they downzone the property it will decrease the intensity level. As far as this rezoning is concerned it would lower the intensity allocation. Ms. Schertz: How marry houses per acre would there be in an SF-7 versus the five per acre in an SF-6? Ms. Bateman: There would be 4.2 versus 5. Mr. Lee: The five units per acre is going to be the maximum. I don't think we are going to get down to the 4.2 units per acre like SF-7. We do expect to have a percentage of the lots over six thousand square feet. Mr. Powell: 1 move we recommend approval of Z-97-013. Mr. Jones: Second. Ms. Schertz: Any discussion? This is kind of difficult because it shows to be consistent with the Denton Development Plan and it is transitional. On the other hard those trees are gorgeous ar,d it will change the appearance. I live in that area and l hope that the developers will try to save as many of the trees as possible. I think it is one of the things that attracts people to Denton. Mr. Powell: I don't even like to look at houses that don't have trees. I believe that the owner has a right to develop it. I would like to see it SF-12 but I don't know that it is economical. Ms. Schertz: I know that this is the first step and as the process progresses you will hear more comments. Any further discussion? All those in favor please raise your right hand. Opposed same sign. Approved. (4-1) Nis. Ganzeropposed. • V. Director's Report. Mr. Hill: I don't have a report. Vi. Future Agenda Items. • Take a break at 5: SO p. m. ` J 6:30 p.m. Hold a public hearing concerning the 1997-2001 Capital Improvement Plan (CIP), disctm the proposed CH', and give staff direction. Present from Staff: Rick Svehla, Deputy City Manager; Dave Hill, Director of Planning; Kathy DuBose, Executive Director of Finance: Jon Fortune, Chief Finance Officer; Sharon Mays, Director of • • r n.m~na~ ia ATTACHMENT 3 i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVFI.OPMENT 162 (PD-162) ZONING DISTRICT CLASSIFICATION AND I TSE DESIGNATION BY APPROVING A DEVELOPMENT PLAN FOR A 77.6 ACRE TRACT LOCATED ON THE EAST SIDE OF LILLIAN MILLER, APPROXIMATELY SEVEN HUNDRED FIFTY (750) FEET NORTH OF ROBINSON ROAD; APPROVING A CONCEPT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFFCTIVE DATE. WHEREAS, Mr. James Haddock, on behalf of the James R Harris Company, initiated a change in zoning by applying for a proval of a development plan for a 77.6 acre :pact of land which would change such Agricultural (A' zoning district and use classification to the Planted Development (PD) zoning district classification mid use designation; and WHEREAS, on May 28, 1997, the Plamung and Zoning Commission recommended approval of the change from the Agricultural (A) zoning district and use classification to the Planned Development (PD) zoning district and use classification; and WHEREAS, on May 28, 1997, the Planting and Zoning Commission recommended approval E of the Planned Development (PD) and a development plan to allow for a maximum of three hundred eighty eight (388) single family lots with minimum lots sizes of six thousand (6,000) square feet each; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Thai the zoning district classification and use designation of the 77.6 acres of • land described in Exhibit A is changed from the Agricultural (A) zoning district classification and use designation to the Planned Development (PD) zoning district classification and use designation by adopting the development plan, attached hereto and incorporated herein as Exhibit B for all purposes, in accordance with the comprehensive zoning ordinance of the City of Denton, Texas. SECTION IL That the City's official zoning map is hereby amended to show the change in 0 zoning district classification. O SECTION 111. That any person violating any provision of this ordinance shall, upon conviction, be fined a sunr not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. I 020. • • SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1997. i JACK MILLER, MAYOR ATTEST: TENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: ICIc/D ~C • r PAGE 2 a+. r • • . a EXHIBIT "A" 16IMC ALL THAT CZRT►II TRACT OR PARCEL OF LAND SltVATZD IS THE 119JAMIN 1.1V16 501911, ASSTRACT 769, AID THE JEREMIAL PISCES SURrtT, ASSIR&CI 411, DIITON COUNTY, T6IAS, 1IINC PART Or A CALLID 78,112 ACRE IIACT DISCRtltD IN A DIED rROM HISRT S. NILL!R CEALTF TRUST TO L..R. 2111IMIR ON DICIIISCR 21, 1976, RECORDED IS VOLUME 910, PACL 669, 0910 RECORDS Or SAID COUITT, AND I911iC Moll PARTICULARLY DESCRIBED AS rOLLOWS3 BEGINNING AT AN 1101 100 AT A FERC1 CORNIR AT SHE SOUTHEAST C116N1H Or SAID LEWIS SURVEY, AID THE SOUTHEAST CORS91 Or SAID 8ERxINER TRACT, THENCE NORTH AS 0101191 49 MINUTES WCST WITH THE SOUTH LIST Of SAID SUETEF A DISTANCE OF 603.5 F99T TO A 3719L POST 13 CONCRZTEi TRENCE IOIIV 1 OEGREE 49 MINUTSS 42 SECONDS EAST 961.61 FEET TO STEEL POST IS CONCRETII THINGS MCAT! 66 DE01993 43 MINUTES 32 SECONDS WEST 361.69 T?:: .0 A. STEEL POST 11 CONCIST11 T39NCS SOUTH 14 DIC111S It X104215 OS SECONDS HEST 309.30 FELL TO ' A STI6L POST 11 CONCRETZ7 • TC9NCE SOUTH 72 DEGREES 37 MINUTIA, WEST A DISTANCI Or SSS.13 F!ET TO AN ICON ROD At TWA SOUTHEAST CORM! Or A 0.5 ACRE TRACT DEBCRI6SD IN A DZCO FROM L.A. HLRCIMII TO 0909RAL TLLIPHOSS CONFANT Of THE SOOTNV9SY OC PRINUART 26, 1961, RECORDED IN VOLUMS 1130, PACE 571, DIED RECORDSI TE6NCI NORTH 17 DEOR6ES 23 MISUTIS WIST A DISTANCI OF 71.97 FIST TO AN 110E FINI TRLNCI SOUTR 72 DECREES 37 MIIOT96 VIST A DISTANCE Or 313.16 PEST TO AN 1201 100 ON THE EAST LICIT-OF-VAT Of FARM SAII91 ROAD 21611 TA93CS CORTI[ 33 0903915 43 MINUTES WEST WITH SAID 210IT-01-VAT 13.66 PE9f TO A WOOD RICIT-OF-WAY POST AT TLI 6901111NC Of A CURVET TIENCT NORTRWISTEILT V1T! SAID 1tC1T-OP-WAY AROUND A CUCVI TD 141 RIGHT RATING A CLNTRAL ANCLT Or 14 D9CRt9S 12 M199TES 34 SECONDS, A RADIUS Of 2603.1 ►llt, A CHORD Or NORI1 26 DEORISS 05 MINUTSS 57 SECONDS WEST 694.16 f911, AND AM ARC LIOGTR OF 693.95 PEST TO A WOOD RICIT-OF-WAT POSTE. j TRINCT NOCTI 16 OR.GIES$ It 4119ttS 15 SLCOIDS WEST VITN SAtO 11ONT-OF-WLY 371.0 P99t TO A F93CS 9010111 THENCE $0019 66 JIGIIIS 56 MINUTES EAST WITH A PENCE 797.6 FRET TO AN IRON ROD, ' ' IN COCA. 601TH 1 DIGRLS 46 MINUTES EAST WITH A fIWC9 OR THE LI7! IZTV991 SAID t.IWIS AND ri6HSR SURVEYS 603.6 1192 TO A r1MCS CORMERI i TMCIC6 SOUTH 68 DICRIIS 54 MINUTES 20 SCCONOS SAST VITR A f9NC1 1569.9 FELT TO A rExCR CQR392ONTHEEAST 60UND6RYLINE OfSAOLEWIS SURWETI Ii THIMCE SOUTH 1 DION91 44 MINUTES 39 SECONDS VEST W110 AC OLD PENCE OA SAID SURTIT LIM1 2265.50 FIAT TO III PLACE Of ItOIESING, AND CONTAINING IN ALL 77.600 ACRES. i ~a 1 17 • • • M.Y.I. I.W CPHMf tlY .~v Y•rlorl.rA., 1n l \f Ir... Yalr •A•.......11 n. ~ n h i , [aC..l7Dn fnM rIr tf I ~ 1~1V1~ 1 1/II 7~:~ ~ I~ •1'N ;1.~.~3 r . I I • t~ r JS 1}I e a.~or n.Id 110 Sr. A • r 1 ~ ~ PI Of A... R... PRI91M • IIrA:►CI IIYI~ ~ .~.~K1~TI~ l ~ ku r..Wr1 wNrpy.~la "Tf1T f~ I 1 ~ cwr./"tr. +rerne~._._ i IM/PIII.IMY I1r1 ~w 1ti art. i u. r. wr1 to~yrraon ' 1 C O P l \ J~~ n.. naM.f.W.M•WAIIIWMwM wy [.✓,1.. r • • Apanda No 4!'~a3 Apenda Item t7 ORDINANCE NO. Date -/7- 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. RTIEREAS. the City has solicited. received and tabulated competitive bids for the purchase of necessan materials, equipment. supplies or services in accordance with the procedures of STATL' la+v and Cite ordinances; and WHEREAS. the City Manager or a designated employee has revie+sed and recommended that the herein described bids are the lo+vest responsible bids for the materials, equipment. supplies or services es sho++n 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: N01V, -THEREFORE, TI IF COUNCIL OF THE CITY OF DENTON HEREBYORDAINS: I SECTION I. That the numbered items in the follo+ving numbered bids for materials. equipment, supplies, or services. shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT :051 ALL Ult+f. INC. EXHIBIT A SUCTION It, 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 temis. specifications standarcl& quantities and for the specified sums contained in the Bid Imitations. Bid Proposals, a-7,1 c ated documents. • Si_".'TION III. That should the City and persons submitting approved and accepted items and of the subni ued bids wish to enter into a formal written agreement as a result of the acceptance. approval. and a++ardiug of the bids, the City Manager or his designated representative is hereby authorized to execute the +vritten contract ++hich shall be attached hereto; provided that the written contract is in accordance +vith 'tie terms. conditions. specifications. standards. quantities and • specified sums contained in the Bid Proposal and related documents herein approved and accepted. 0 a • L ._s I SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids. the Cin, 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 dad of 1997. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 11! BERT L. PROUTY. CITY ATTORNEY BY: SITPLY ORD • 0 ` 0 f0 i _.r-' • • BID M 205[ B[DN%ME MAILING SERVICE The Office LU1 OPEN DATE N[.Al' 20, 1997 E\Fi1B1T "A" N QTl' DESCRIPTION - VENDOR VENDOR I PC RESIDUAL, DAILY MAIL $0,045 50.02 2NC STAMPED.BLSINESSREPLVMAIL -0- -0- 3 PC LTILIIN' BILLS $0.045 50.02 4 -ME AUDITIONAL INSERTS IN BILLS $10.00 -0- 5 EA PICKUP FEE PLR SITE PER DAY 51.00 -0- 6 LS MINIMLMDEPOSIT 30dge open ettimeled billing • • II ~ 0 • i i i t 1 3 a; b i • e, DATE: HNE 17, 1997 CFFT COUNCIL REPORT TO: Mar or and Rlembem, of the City Council FROM: KathN DUBose. Executive Director of Finance SUBJECT: BID 4 2051 • MAILING SERVICE RECONL11ENDATIO.N: We recommend this bid be ak%arded to the loN~est bidder. UlM. Inc. in the estimated amount of $12.000 per year for 3 years. Total estimated contract $36.000.00. SUJI,\IARY: This bid is for the pickupp. handling, inserting, posting and delivery of outgoing U.S. mail from the City of Denton facilities to the U S. Post Office. Included are residual daily maifsuch as letters. checks, invoices. purchase orders, bids and miscellaneous correspondence as \\ell as utility' bills and tax statements. Mail is picked up daily at ftce locations in the City of Denton. Utility bills are folded. inserted and posted and along kith residual mail do%%ered to the U.S. Post Office the same day. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: City of Denton and Citizens of Denton. FISCAL RYPACT: The cost of mailing sen ice is added to the cost of postage and applied to the using department operating budget on a monthly basis. Attachments: Tabulation Sheet I I Respectfully submitted: at DUBB e Execu ire irector of Finance Approved: Name: Tom nz~c. . .A . Title: Purchasing Agent 4 881 AGENDA E • • 4 • i • i 40 BID q 2051 BID NAME MAILING SERVICE The orrice UUM OPEN DATE MAY 20, 1997 QT1' DESCRIPTION VENDOR VENDOR VENDOR I PC RESIDUAL, DAILY MAIL SO.045 SO.02 2 PC STAIIPEDlBUSINESS REPLY MAIL -0• -0- 3 PC UTILITY BILLS S0.045 $0.02 4 CIE ADDITIONAL INSERTS IN BILLS $10.00 .0- 5 EA PICK UP FEE PER SITE PER DAY 51.00 •0- 6 LS 'MINIMUMDEFOSIT 30da%s open estimated billing , l , S ~ ,r mom; 0 f Agenda No- 9 Agenda Hem /ORDINANCE NO. Da!e_IQ "~7' 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 necessan, materials. equipment, supplies or services in accordance with the procedures of STATE law and Cite 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 scrvices 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 FFiE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials. equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items; BID ITEM NUMBER NO VENDOR ANNIOUtiT 20'2 1 PREFERRED SALES S 20.536.00 2052 2 R'ESCO S 9.562.00 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 111, That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, r 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 teams. conditions, specifications. standards, quantities and 0 specified sums contained in the Bid Proposal and related documents herein approved and accepted. I, O 1 • SECTION 1V. That by the acceptance and approval of the abo%a numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance % ith the approved bids or pursuant to a % ritten contract made pursuant thereto as authorized herein. SECIION V. That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this day of 1997, JACK MILLER. MAYOR ATTEST: JENNIFER NVALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: SL'PPLY.ORD • i I 2 ;k ~rr'~ • • DATE: JUNE 17, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROGS: Kathy DUBosc, Executive Director of Finance SUBJECT: BID 4 2052 - DISTRIBUTION TRANSFORINIERS REMNLNIENDATIO\•: We recommend this bid be awarded to the low evaluated bidder for each item as list -d below: Item 1 4 each 300KVA 120/208 Preferred Sales S 5134.00 each Item 2 2 each 300KVA 277/480 W'esco S 4781.00 each for a total expenditure of $30,098.00. SU311MARY: This bid is for the purchase of distribution transformers to be used as replacements and for new installations in various areas of Denton. The low bidder is determined by using the load loss figures to find the lowest operating and purchase cost for the estimated life of the transformer. Bids were mailed to avcnty-two vendors with responses received from ten vendors. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution. Electric Utilities. Electric customers of the City of Denton FISCAL IMPACT: Budgeted funds 96'91 for transformer purchases account number 610-103-I031.9272 Attachments: Tabulation Sheet Bid Evaluation - Don McLaughlin, Senior Engineer Respectfull} s rrtitted: at u qe Execu a Director of Finance Prepared by: Name: Denise arpoo i Title, Senior Buver Approved: ti Came; em aw. . -Vf.-- Title: Purchasing Agent A9EN.-A 7 11 u...'~-..i ....c' 'Ai• • t BID M 2053. _ Vaa Troo Tempe Preferred KBS 1% esco BID N %%IE 300 MA DISTRIBCTIO\ Sales Electrical TRINSFORMER5 OPEN DATE 11.11' 22, 1997 w QTl' DESCRIPTION _ 1'E\DOR _ VENDOR %V, R VENDOR VENDOR 1 4 300K's k120/208 S7,33700 $6,787,00 $5.134.00 $5,508.00 S5,156.00 2 2 JOOK1'.1277l380 S7,185.00 56,619.00 S9,956.00 55376.00 S4,71ILD0 BID 02652 CONTINUED Dolan Prlme Prieshr SESCO Tachlina Electrical Elactrle Supply 0 _ QTl' DESCRIPTION VENDOR VENDOR 1'ENDOR _ VENDOR 1"E\DOR I 3 300K1 % 12D/208 57,728.00 56,120100 55395.00 S5,916.DD _ 95,22100 2. 2 J00811277/430 57:17.00 $6,120.00 $5.210.06 $5,717,00 S5, 113.00 no load losses reported t 4 • • To: Denise Harpool, Senior Buyer From: Don McLaughlin, Senior Engineer Electric Engineering Date: May 23, 1997 Subject: Evaluation of Quotation on bid # 2052 Locations The 300 KVA INY208 volt pod mounted transformers are for the following: • C0250 The Family Doctor C0254 DISD Technical Center C0255 Texas Diagnostic Clinic • C0240 Denton Lodge The 3tX) KVA 277/480 x olt pad mounted transformers are for the following C0252 UNT Recreation Center C0256 Hukher Services Sincerely. Donald L. McLaughlin Atlaehm[nl5'. 1 1. Exhibit 1. Loss /Cost Evaluation 11. Exhibit IL Toai Cost i I • • i . 5 y, • • Bid Evaluation Bid ,'umber 2052 Description W900016 1R NX.. ?PH UG 300KVA 1101208 Quantity 4 Load Factor 0.36 l'eudor/.11jg. NL HL Cost Delivery Evaluated Cost Prelered / Pauweis 474 2294 $5,134.00 84 528.565.46 Pnes'er / Cooper 536 2111 $5.395.00 140 S2938482 VJESCO / qgg 662 2050 S5,156.00 77 $29,433.69 Techline / Howard 505 2394 $5.222.00 98 529,43781 KOS / Copper 536 2111 $5,508.00 133 S29,766.76 Tempe / GE 168 Me $6.787,00 75 530230,89 - SESCO / SESCO 623 2400 $5,916.00 90 532,785.70 Van Tran / Van Tran 610 2630 57.337.00 63 r 538208.58 Dealers / Van Tran 610 2630 $7,748,00 45 S39597.75 r fE / i i t i Indio Irrn, 11. 1997 G lodge 1 "12 C i 1 • f Description 99900021 TRANXS. 3PN UG 3007KVA 27714SO I Quantio 2 Load Factor 0,38 Vendor /.11fg. NL {1'L Cost Delipeq' Evaluated Cost WESCO / ABB 496 2274 $4.761.00 77 $27.492.30 Prrester / Cooper 581 1779 $5.21000 140 528.083.29 KBS / Cooper 561 1779 $5.376.00 133 528.64437 Techlme / Howard 499 2340 S5.1+3,00 98 528,84842 Temple / GE 184 1709 $6.61900 75 529.316 28 SESCO / SESCO 623 2400 $5.71700 90 532.11308 Van Tran / Van Tran 700 2070 $7,1BS 00 63 S3667165 Demers / Van Tran 700 2070 $7,587.00 45 $380304t Prelerred / Pavweis 510 2246 $9,956.00 84 S45011.80 V r E • I l 7'ridin, 11av 3l, 1997 Pape 2 of: 7 i • .~~-ter.-._~r• , , ^ % . Ali ~SR~~re..+-Yy+ ra • Total Cost Evaluation Bid 2052 Stock M DESCRIPTION 9 Vendor Cost Dos Toto1 Cost 99900016 TRANX.. 3PH UG 300KVA 120/208 4 Preferred $5,134,00 84 $20.536 99900021 TRANX,. 3PH UG 300KVA 277/480 2 WESCO $4,781,00 77 $9,562 ow cost $30,098 V • L r O O e E , c e e Agenda 14n. I - , ORDINANCE NO. Agenda I t m r_~ Date AN ORDINANCE OF THE CITY COUNT CIL OF THE CITY OF DENTON. TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BFT1\'EEN THE CITY OF DENTON AND DELHI GAS PIPELINE CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL. GAS: AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the City has a need for interruptible natural gas purchases to provide fuel for the Spencer Flectrical Generating Station; and \WEREAS. the City could realize price savings by purchasing gas on the spot market: and RTiEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas. in accordance %%ith Chapter 252 of the Local Government Code. NOW. THEREFORE: 171E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That it authorizes the Mayor to execute the attached Interruptible Natural Gas Sales and Purchase Agreement with Delhi Gas Pipeline Corporation providing for the purchase of spot market natural gas. SECTION 11. That is authorizes the expenditure of funds in accordance with the terms of the Agreement. ' SECTION ill. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1997. JACK MILLER. MAYOR I e ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ I ' BY: e NNHR,%LG\xORDiNANrt: e 0 1 i I DATE: JUNE 17, 1997 CITY COUNCIL REPORT TO: Ntayor and Members of the City Council FROM: Kathy DuBose. Executive Director of Finance SUBJECT: BID H 2047 - SPOT MARKET NATURAL GAS RECOMMENDATION: We recommend approval of a contract «ith Delhi Gas Pipeline Corporation for natural gas spot purchase consideration SU.NMARY: In May 1992, the Cis of Denton instituted bidding procedures for spot purchases of natural gas ~%hereby contracts xNcre establisl%:d with gas companies interested in participating in the City's monthly spot gas purchase program for fuel at the Denton Municipal Utility Electric Production Plant. We currently have contracts for spot suppl of natural gas %dth Enserch. Mobil. Trinity. Tristar. Highland. Taurus. Cornerstone. Midcon, and National nergy & Trade, LLC. These contracts still remain in effect until either partcancels. Approval and execution of a contract with Delhi aill extend the competitive bid opportunities for natural gas spot supply. These contracts allow for the competitive bidding on a monthly basis of prices for natural gas with all suppliers bidding under the same terms and conditions. Enron took exception to our standard contract; therefore. ste are not ecommending they be added at this time. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton. Electric Production Division FISCAL IMPACT: Funds for the purchase of Natural Gas as a fuel for the Electric Production facility are part of the annual budget for supplies and services. Attachments: Contract %%ith Delhi Tabulation of responding suppliers Respectfully submitted: • Kath,4)ulijjc Execuave rector of Finance I Approscd: • Namc lbo.,mabSZI\7.- • a Title: Purchasing Agent f I 1 4 • • I I DELHI GAS PIPELINE CORPORATION Mav 12, 1997 City of Denton Purchasing Department 901-B Texas Su-?et Denton, Texas 76201 Attention: Tom Shaw RE: Interruptible Natural Gas Sales and Purchase Agreement; Dated June 1, 1997 ("Standard Contract"); Clarifying Adderdurt Gentlemen: The purpose of this letter is memorialized in writing certain clarifications given by the City of Denton ('Buyer's in response to questions by Delhi Gas Pipeline Corporation ('Delhi') concerning the meaning and intent of the Solicitation for Natural Gas Supply ('Solicitation] and Denton's Standard Contract. There are various references in the Soliutation and the Standard Contract to the 'Buyer's Notice" which is a form attached to the Standard Contract. Denton has clarified its intent by stating that even if Delhi's bid is accepted neither Delhi nor Bu-cr shall have any obligation hritlh respect to the purchase and sale of gas unless both Delhi and Buy,r execute a Buyer's Notice agreeing to purchase and sell gas. Section 6, Level of Service to be Provided of the Solicitation and the definition of, "Interruptible Best Efforts Supph•", on Appendix A of the Solicitation both indicate that either party may interrupt, without liability, the purchase and sale of a gas quantity after bolt parties sign a 'Buyer's Notice" for that quantity for any reason except price. However, Paragraph 5 of the Standard Contract does not exclude price as a basis for interruption without liability. Buyer has clarified this inconsistency by explaining that neither party shall have the right to interrupt or curtail the • purchase and sale of gas under a fully executed 'Buyer's Notice" because of the price in effect for the gas purchased under that "Buyer's Notice" or because of changes in the market price. Delhhi's bid is conditioned upon the foregoing clarifications. 4 f , Verv truh• yours. t .L~ Eon Rrc,e , 1710 Paco' c A%enue ! I~r.nrriAnirr,vd',~n•iloal,nr~rni ,Lc1~'r Dallas, Texas :5201 214.051.2000 tip • • Standard Contract St-,ndard Contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date: June 1, 1997 Delhi Gas Pipeline Corporation SELLER a Delaware - ( ) _Corporation agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terms and conditions hereinatier set forth, 1. DEFINITIONS: The term "Agreement" shall mean this Interruptible Natural Gas Sales and Purchase Contract including Attachment A which is incorporated herein. The term "month" shall mean a calendar month. The term ",\L%iBtu" shall mean one million (1,000,000) British thermal units The term "Receiving Pipeline" shah mean the interstate, intrastate. or local distribution ` company immediately downstream of the Point Of Delivery The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time arid which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas in accordance with the terms thereof and this Agreement, The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline. • 2. TERM: ~ The initial term will be one year from the date hereof, and month to month thereatier. subject to the right of either pany to terminate this Contract on 30 day's prior written nonce to the j other party v page 16 4 ram I ..._,rr ` • 3. PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELIVERY: On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall be specified on the "Buyers Nouce" shown in Attachment A. Prices shall include and SELLER shall be responsible for payment of all royalties, production, taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and license fees which attach to the gas prior to delivery hereunder. Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Print Of Delivery, paymems or other charges thereon applicable before the title ofgas passes t.) BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receming Pipeline, downstream of the Point Of Delivery . 4. QUANTITY AND POINTS OF DELIVERY: Gas quantities and points of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER. Requests forbids. submission of bids, or preliminary correspondence will not act as a Buyers ;Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to receive. the vas quantities as specified in the Buyers Notice. Either party may at any time curtail or interrupt rersice with no liability to either party. The curtailing pam• will make diligent efforts to notif}- the other party of the situation within 48 hours. 6. INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes in points of delivery by specifying these requests in a revised "Buyers Notice" to the SELLER. If accepted by SELLER SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER wishes to increase gas quantities or change points of delivery. he mast notify BUYER. and receive a revised Buyers Notice signed by BUYER to do so OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4°a above the quantities in the "Buyers Notice" or at points of delivery not specified in the "Buyers Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those gas quantities. SELLER shall be liable for any penalties or excess storave or transportation charges owed by the BUYER as a result of the SELLERS deliveries in excess of4°0 of the Buyers Notice or at locations not specified in the "Buyers Notice" - page 19 5 • • S. GAS AND PRICE UNITS: All gas quantities and prices shall be in A1r1Btu adjusted to 14.650 psi" at a temperature of 60 degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry) Prices will be in U S. dollars. 9. QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality specifications of the Receiving Pipeline. 10. TITLE: SELLER warrants for itself, its successors, heirs and assigns. title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and lawful authority to sell the gas and that such gas is free from liens. encumbrances and claims of even bind SELLER shall indemnify and save BUYER harmless from all suits, claims, liens. damages, costs, losses, expenses and encumbrances of whatsoever nature arisimz out of claims of any or all persons to said gas or the title of said gas. SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. 11, DETER.NIINING PA2'AtENT VOLUMES: On approximately the 15th day following the end of each month of gas deliveries. SELLER shall furnish BUYER a statement speci6-ing, volume delivered, location, and Recei%mu Pipeline. If these volumes differ from BUYER's independent monitoring of deliveries or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (i) under protest, or (ii) upon final agreement being made on the delivered volumes by BUYER SELLER and Receiving Pipeline. BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies a~aociated with the production, sale. storase. or transportation of the gas. 12. PAVNIENT Within 12 days of receipt of the statement, BUYER shall make payment to SELLER for die gas quantities as determined in Paragraph 1 I Payments statements should be directed to BUYER at, City of Denton Utilities r Elect-.c Production Di%is!on 1701 A Spencer Road Denton, TX 76205 Attn: Jim Thune, • Manager. Electric Production page Z0 6 , It '17 . t • 13. NOTIFICATION: Communications regarding the performance of this contract shall be directed to SELLER, De hi Gas Pipeline CorpUYER City of Denton Utilities 1700 Pacific Avenue Electric Production Dmsion Dallas, Teas 75201-4696 1701-A Spencer Road Denton. T\ 7605 Attn: Gas Sales Arhninistration Atm Jim Thune. Manager. Electric Production 14. PERFORAIING NOMINATIONS: BUYER will be solely, responsible for nomination of gas volumes to the Receiving Pipeline. unless SELLER is given specific written authorization from BUYER to perform these nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natural gas prior to Point Of Delivery. 15. EXCHANGE OF GAS QUANTITY INFORAiATION: During the period of actual gas deliveries. SELLER and BUYER shall make available to each other current estimates of gas flows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered If Seller is unable to provide current estimates of gas activity to BUYER SELLER sill assist BUYER in obtaining said information from pipeline transporters, processing plant operators, well operators, or upstream suppliers. 16. GOVEWNING STATE: This agreement shall be construed pursuant to the laws of the State of Texas and venue for II its construction and enforcement shall lie in the courts of Denton Countv. Texas This agreement is subject to the Letter Addendum dated Mal, 12, 1997 frctn Ben Reese of Delhi Gas Pipeline Corporation. 1 SELLER, Delhi Gas Pipeline Corporation BUYER City of Denton, Texas By. But se By. Title Vice President Title. Date A3y 13, 1997 Date. _ 0 • • page 21 7 • BID # 2047 BID NAME NATURAL GAS DELHI GAS ENRON PIPELINE OPEN DATE MAY 13.1997 t< QUANTITY DESCRIPTION VENDOR VENDOR LT SPOT MARKET NATURAL GAS ' i • y, l~ v + e ~C • • r I Agenda Me.„,i'- / ►.pends tarn ~l ` ORDINANCE NO. Date AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and Cite ordinances: and NNTIEREAS. the City Manager or a designated employee has recei%ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public w orks or impro%ements described in the bid imitation. bid proposals and plans and specifications therein: NOW. THEREFORE, THE MTNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the following competitiNe bids for the construction of public works or improvements. as described in the "Bid Imitations". "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto. are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2048 SABER DEVELOPMENT CORPORATION S161281.50 SECTION 11. That the acceptance and appro%al of the above competiti%c bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and appro%ed, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after noti fication of the award of the bid. • SECTION III. That the C'ily Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance w ith the bids accepted and approved herein. provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals. and documents relating thereto specifying the terms, conditions, plans and specifications. standards. quantities and specified sums contained therein. ~ f I ~I • • SECTION 1V. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1997. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBFRT L. PROUTY, CITY ATTORNEY BY: r • L • • 2 IN A • • DATE: JUNE 17, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: BID # 2048 - BOYD STREET 6" AND NICKINNEY STREET 8" WATERLINE REPLACEMENTS RECO.N ENDATIO:N: We recommend this bid I a%carded to the lo%N bidder, Saber Deselopment, in the amount of 3162,281.50. SU..N ARY: This bid is for all labor and materials necessary in the replace re-t of 2.455 feet of ticaterlines in the Boyd Street area and 424 feet of waterlines at McKinney Street. These .vo •r-rlines are in poor condition and are too small to serve the residents adequately. Notices to bid mere mailed to sixty-nine vendors with responses recciyed liom three. PROGRA.NIS, DEPARTMENTS OR GROUPS AFFECTED: Water Field Services. Water Utility. Citizens of Denton FISCAL IMPACT: Bud eeted funds for C.I.P. waterline replacement account number 620-081-0461-9114. Attachments: Tabulation Sheet Memorandum from David Salmon dated 05!28,97 Minutes from Public Utility Board dated 05/19,91 Respectfully submitted: at y u o Executive D ector of Finance Prepared by: ;game: Denise arpoo Title: Senior Buyer Approved: Name: Tom a\%. . . Title: Purchasine Agent • ?53.AGE%C; • • J 3 • i • • BID w. 2036 BID NAME 801'D&\1CKIS\EYST. SABER )ALOE DICKERS01 WATERLINE REPL%CE%IE\TS DE%ELOPMENI PLBLIC CONSTR['CTIO\ OPEN D.1TE %t %V IS, 1997 6 QTY DESCRIPTION VENDOR VENDOR IENDOR I LS B01DSf.6"I1:ITERLINE REPLICEl1ENT 5126,666.50 $131.60040 S156.353.DO 2 LS II('KI%%EY ST. I" W%TERLINE REPLACEMENT 533-W.00 S)5.50150 $)).23200 TOTAL: S162391.50 S111.)06.00 5169,102.00 CORRECTEDTO: 5162,211.50 BOW' I'ES YES YES I • i 1 4 I e; • i • i.CITYOFDENTON, TEXAS CITYHALL WEST • 221 N. ELM DENTON. TEXAS 76201 MEMORANDUM 017) 566.8200 DFW METAO 434.2529 DATE: Slay 28. 1997 TO Gerald Cosgrove. P.E. Engineer Administrator FROM: David Salmon. P.E. Engineer Administrator SUBJECT: Boyd Street and McKinney Street Waterlines Bids were opened on the above mentioned project on May 15th, 1997. Saber Development Corporation was the apparent low bidder with a bid of S152.191.50. Upon review of the bids. a minor error was found in Sabers bid bringing it up to $162.281,50. Our estimate for this project was 5178.674.00. The difference is relatively insignificant. We checked references on Saber prior to lwarding the bids for Laurelwood Waterline and found that they have completed similar projects for the cities of Hurst and Dallas with satisfactory results and few construction problems. Laurelwood is too early in the process to consider personal experience. I recommend that the Boyd Street and McKinney Street water lines be awarded to Saber Development Corporation. i--- f • David Salmon f 4 A O • v , 5 ti a• • FRDNi DENT ON UrIL PDNI FAX N6.9 B V3660170 86-03-97 09~20P Y.07 CITY OF DENTON PUBLIC LMLTTI£S BOARD MEETING MINUTES EXCERPT May 19, 1997 10. CONSIDER APPROVAL Of BID NO 2046 IN THE AMOUNT OF $162,281.50 FOR CONSTRUCTION OF BOYD STREET 6" AND MCKINNEY STRFF.T 8" WATERLINE Ms. Jordan presented this item. She said that Saber Development Corp, was the lowest qualified bidder, bidding $162,281.50 to replace the water lines in the Boyd Street area which are in poor condition and inadequate in size. Our records show high maintenance activities for field service crews. Replacing these waterlines will provide a quality water system to the residents in this area with no interruption. There are several service lines that cross Fast McKinney (FM 426). One of the lines is leaking so bad, that the road subsid-d, The State will not allow us to replace the line. We must extend a waterline across the street and relocate the services. Mr. Giese made a motion to approve bid as presented. Mr. Thompson seconded the motion. The bid was approved as presented. • J _ 6 7771 1411 pop • Agenda No,--97-19 Agenda Ife ORDINANCE NO. Date- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE. DATE, WHEREAS. the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance w ith the procedures of STATE law and City ordinances; and \t`HEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein: NOW. THEREFORE. THE COUNCIL. OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Imitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto. are hereby accepted and approved as being the lowest responsible bids: BID NLAIBER CONTRACTOR 'AMOUNT 205= TELCOM OF TEXAS $ ?2,175.00 SEC LION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid e SECTION III. That the City Manager is hereby authorized to execute all necessary written r contracts for the performance of the construction of the public works cr improvements in accordance «ith the bids accepted and approved herein. provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications. standards, quantities and pecified sums contained therein. e ~ ~ to e J • • SECTION 1V. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein. the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1997. JACK MILLER. MAYOR I ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ' HERBERT L. PROUTY, CITY ATTORNEY • B1: • l 2 i • • DATE: JUNE 17, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FRO\L Kathy DuBose. Executive Director of Finance SUBJECT: BID 2053 - BORE CROSSING AT NORTH LOCUST STREET AND UNIVERSITY DRIVE RECO.NMENDATION: We recommend this bid be a~%arded to the low bidder. Telcom of Texas. in the total amount of 532.175.00. SLI3L\LARY: This bid is for all labor and equipment necessary in boring tsso crossings under the streets North Locust at Gar Street and Rest University at the neu Braums site. These bores wilrallow conduit and electric distribution cable to be installed without open cutting these streets. Notices to bid were mailed to seventy contractors and responses here received from mo. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution. Electric Utilities, Electric Utility Customers Citizens of Denton. FISCAL LSIPACT: Budgeted Funds for Underground Construction for 1997. Account 0610-103-1031- 9220. Attachments: Tabulation Sheet Respectfully submitted: at u e Execu -c Director of Finance Prepared by: y 1 Nl-affi-e:-M-n-Ee arpoo Title: Senior Buyer Appro%ed: Fame: Tom 6. SFaw. Titlc: Purchasing Agent • i J 3 C %t . r • • BID 0 2053 BID NAME BORE CROSSINGS AT N. LOCUST DICKERSON TELCOM OF & UNIVERSITY CONST. TEXAS OPEN DATE MAY 27, 1997 a QTY DESCRIPTION VENDOR VENDOR 1 LS BORE CROSSING AT N. LOCUST ST. $11,125.00 511,550.00 2 LS BORE CROSSING AT UNIVEFSITY DR. 525,656.25 $20,625.00 TOTAL 536,781.25 532,175.00 i 1 J 9 i • • tigenas ko,~~____ Agenda Item____&-- Date ,~2 / 7 9 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES, INC. FOR PROJECT 11 OF THE RENOVATION OF THE DENTON MUNICIPAL COMPLEX (DMC) AND CITY HALL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFZCTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a professional sen-ices contract behveen the City of Denton and Corgan Associates, Inc. for the second phase orDMC renovation and prefect 11 of the City Hall renovation, under the terms and conditions, contained in said professional services contract, which is attached hereto and made a part hereof. SECTION IL That the City Council hereby authorizes the expenditure of funds In the manner and amount as specified In the professional stn ices cootracL SECTION 111. That this ordinance shall become effective immediately upon its passage and D approval PASSED AND APPROVED this the day of , 1497. JACK MILLER, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: O 0 J PROF. ORD 1 ail • • DATE: JUNE 17, 1997 CITY COUNCIL REPORT TO: Nlayor and Members of the City Council FROM: Kathy DuBose. Executive Director of Finance SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR RENOVATION OF DENTON MUNICIPAL COMPLEX (D.NIC) AND CITY HALL - PROJECT 11 RECOMMENDATION: We recommend that the professional ser ices contract for the second phase (Project 11) of the Denton Municipal Complex (DMC) and City Hall be awarded to Corgan Associates. Inc. in the amount of 561.150.00 plus a not to exceed 57.000.00 for reimbursibles. SUMMARY: This contract provides for planning, construction documents. bid assistance. and construction administration services for Project II of the DMC Renovation and of the City Hall Renovation. Included in this fixed cost fee of $67.150.00 are architectural design. structural, mechanics[ and electric engineering. plumbing and furniture design ser ices. The contract is baFically the same contract as awarded Corgan for the first phase of both of these renovation project Council members were presented an overview of both projects and the architectural contract at there work session meeting of June 10, 1997. State law requires that the most qualified professional for the project be determined and that only then is a price to be negotiated and approved. Corgan Associates. Inc. provided the professional sen ices for phase 1 of the projects and was therefore determined to be the most qualified (or project 11. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Employees and citizens utilizing the two facilities (D\1C and City Hall) FISCAL IIIPACT: Funds for this contract are available in account number 457-032-BLDG-9718- 9101 set aside for onetime construction expenditures. Attachments: Corgan Associates, Inc, acceptance proposal dated May 9, 1997 Contract agreement City of Denton and Corgan Associates. Inc. Memorandum from Eruce Heniegton dated April 30. 1997 Purchase Order 475357 Res titfuliy submitted: 7y Kath'OuBo e Executive birectorof Finance Approsed: r Mme: Tom D. Sha%s. C.P.M. iidc: Purchasinc %Lent 2 7•: • 1 9 May 1997 Mr. Tom Shaw Purchasing Department City of Denton 901 B Texas Street Denton, Texas 76201 Re: City of Denton City Hall Renovation Project II, Phase I & II Proposal Dear Tom: We are extremely pleased to provide this proposal for the continuation of our professional services contract for Project II of the Denton Municipal Complex and the City Hall Renovation. As requested, we propose to provide the planning, construction documents, bidding and construction administration services at a fixed fee of $67,150, plus reimbursibits (project costs for printin& costs, mileage, etc. at 1.1 x our actual cost), nor-to-exceed $7,000. These fees include architectural, Gtructural, mechanical, electrical, plumbing and furniture design. Tom, we appreciate the opportunity to submit this propc•s:l and look forward to working with you on another project. Please do not hesitate to all should you have any questions or need to discuss this proposal further. Very truly yours, Corg:n Associates, Inc. Acccoted: C 0 R G A N coan,N Assncl.,rts. lase. Louis J. WolTf • 701 EU(STREET Associate Due DnLLA5. MM '12n, TEL 24 -Id :O('L . FAX :u,,1; 4.12. Enclosure I cc: Bruce Henington"Denton d FO R'f 'S'ORiH ~ NPANORK N11~f] LUND1% :AUTHASU 3 a k • e AGREEMENT BETWEEN THE CITY OF DENTON AND CORGAN ASSOCIATES, INC. This Agreement made as of the seventh day of November, 1995 batween the City of Denton, Texas, hereinafter referred to as "Owner" and Corgan Associates, Inc. hereinafter referred to as "Architect" for the following Project: Renovation of DMC and the completion of Municipal Building - Project II. The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES £.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expeditious'.y as is consistent with a very high standard of professional skill and care and the orderly progress of the Work. Upon request of the owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or owner, and any adjustments to this schedule shall be mutually acceptable. 1.1.3 The services covered by this Agreement are subject co the time limitations contained in Subparagraph 10.4.1. RA TICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES • 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 11 as part of Basic Services, and include without limitation normal structural, mechanical and electrical • engineering services and any other engineering services necessary O @ to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2.4. PAGE 1 4 ar~+~re+~IM1M r. _.-..n.~...ew.+f+4rwA~~rao.wgy. .»..wr.w... rrn~w~..WU~..., y.: • r • 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect in consultation with the owner shall develop a written program for the Project to ascertain owner's needs and to establish the requirements for the Project. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.1 The Architect shall review with the owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Architect shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establish an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.1.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Architect shall prepare documents and specifications sufficient and adequate to fulfill the purposes of the project. • 2.1.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further r Detailed Statement as described in Paragraph 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE i • 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or O • in the construction budget authorized by the owner, the Architect shall prepare, for approval by the owner, Construction Documents consisting of Drawings and Specifications setting forth in detail PAGE 2 1 5 y~ 1 • • requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes, regulations including, without limitation, the latest ADA state and federal requirement:i. All state and federal requirements shall be submitted by the architect and gain approval before the bidding process. 2.4.2 The Architect shall assist the owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Architect shall advise the owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the owner in connection with the owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING 2,5.1 The Architect, following `he owner's approval of the Constriction Documents and of the lat ;t preliminary estimate of Construction Cost, shall assist the .1k.ner in obtaining bids and assist in awarding and preparing contracts for construction. 2.5.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approval Detailed Statement of Probable Construction Costs of the Projects submitted by the Architect, then the Architect, as its sole cost and expense, shall -revise the Construction Documents as may be required by the City to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Det sled Statement of Probable Construction Costs. The project shall be bid with a written statement requiring the contractor and subcontractors to sign an agreement to participate in a partnering construction re ationship with the City and the Architect. • 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT i 2.6.1 The Architect's responsibility to provide Basic ' Services for the Construction Phase under this Agreement commences with the award of the Contract for. Construction and terminates at the issuance to the Owner of the final Certificate for Payment, ® unless extended under the terms of Subnaragraph 9.3.3. 2.6.2 The Architect shall provide detailed administration of the Contract for Construction as set forth belaw and in the edition _J of AIA document A201, General Conditions of the Contract for PAGE 3 6 • • Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Construction Phase duties, responsibilities. and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) as an Additional service at the owner's direction from time to time during the warranty period described in the Contract for Construction, i.e. one year. The Architect shall have authority to act on behalf of the owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall observe the construction site at least one time a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. Provided, however, Architect shall not be required to make continuous on-site inspections to check the work. Architect shall provide owner a written report subsequent to each on-site visit. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the utmost care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors. The Architect tepresents that he will follow the highest professional standards in performing all services under this Agreement. Any defective designs or specifications furnished by the Architect will be promptly corrected by the Architect at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights - hereunder. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and • programs in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents except insofar as such failure may result from Architect's acts or omissions. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. ® 2.6.7 The Architect shall at all times have access to the 0 • Work wherever it is in preparation or progress. i 4! PAGE 4 E 7 2.6.8 except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. I 2.6.9 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the contract Documents. The foregoing representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. Hcwevar, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on accour:t of the Contract Sum. 2.6.11 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or rot such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. r 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shoo Drawings, Product Data and Samples for the purpose of (1) ® compliance with applicable laws, statutes, ordinances and codes; , and (2) determining whether or not the Work, when completed, will p be in compliance with the requirements of the Contract Documents. The Architect's actin shall be taken with such reasonable promptness to cause no delay in the Work or in the construction of ; .I, PAGE 5 \ J polo) • • the owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details.such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On cehalf of the owner, the Architect shall conduct inspections to determine the dates of Substantial Completion and Final completion, and shall issue Certificates of Substantial and Final Ccmpletion. The Architect shall also make observation within thirty (3C days of the expiration of the one year warranty period under the performance bond or one year from the date of final completion and shall immediately advise the Owner in writing of any defects in workmanship and material so that the Owner may make an appropriate claim under the bond. The Architect will receive and review written guarantees and related documents required by the Contact Documents and assembled by the Contractor and shall issue a final certificate for Payment. • 2.6.15 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the owner or Contract. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. ® 2.6.16 Interptstations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the • Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both PAGE 6 9 • • Owner and Contractor, shall not show partiality to either, and shall not be liable for results for interpretations or decisions so rendered in good faith in accordance with all the requirements of the owner-Architect Agreement and in the absence of negligence. 2.6.17 The Architect shall render written decisions l+ithin a reasonable time on all claims, disputes or other rs i the atxe n question between the Owner and Contractor relating or progress of the work as provided in the contract Documents. 2.6.18 The Architect (1) shall render services under the Agreement in accordance with the highest professional standards prevailing in the metroplex area; (2) will reimburse the Owner for all damages caused by the defective designs the Architect prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the owner may have under the Agreement or diminish any of the Architect's obligations thereunder. 2.6.19 The Architect shall provide the owner with one set of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase and shall also provide the Owner with one set of reproducible as-built Drawings for the owner's file. LE 7 ART-,C ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The se-,-ices described in this Article 3 are not included in Basic Services unless so identified in Article 2 or 11, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 sh311 only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in 1 Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the owner prior to commencing such services. If the Owner deems that such services O described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional i Services are not required, the Architect shall have no obligation to provide those services. Owner will be responsible for compensating the Architect for Contingent Additional services only if they are not required due to the negligence or fault of 0 Architect. O O PAGE 7 to C_ • • 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of i.LA Document 8352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor ':o provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligation:; of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the owner, including revisions made necessary by adjustments' in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not linited to, size, quality, complexity, the Owner's schedule, or the method of bidding • and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. • 3.3.3 Providing consultation concerning replacement of Work damaged by fir, or other cause during construction, and furnishing • services required in connection with the replacement of such Work. PAGE 8 I1 • • 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.8 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, cr construction prior to the completion of the Construction locuma.nts Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of eonstructian performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the owner. • 3.4.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. i 3.4.9 Providing detailed quantity surveys or inventories of material, equipment and labor. • 3.4.10 Providing analyses of owning and operating costs. { - • i0 3.4.11 Providing interior design and other similar services i required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. PAGE. 9 12 e e s 3.4.12 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.13 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and ;maintenance and consultation during operation. 3.4.14 Providing services other than as provided in Section 2.6.14 of Article 2 and No. 4 of Article 11, after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty (60) days after the date of Substantial Completion of the Work. 3.4.15 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. (This is for drawings prepared in addition to those called for in Section 2.6.19.) ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Architect regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements, as more specifically described in Paragraph 2.2.1. 4.2 The Owner shal). establish and update an overall budget for the Project, including 0he Construction Cost, the owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. e 4.4 Tne Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The A Owner or such authorized representative shall render decisions in .J a timely manner pertaining to documents submitted by the Architect PAGE 10 1', i 17 • • in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark (this benchmark and the height of intial slab shall be approved by the Owner and City of Denton Engineering Department prior to bidding). 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect and are not retained by the Architect as part of his Basic Services. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. i 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence A on the part of the Architect. Nothing in this contract shall relieve th3 Architect from the responsibility for services • performed which were inadequrte because they were based on information furnished by the City that an Architect exercising reasonable care and skill would have determined was inaccurate. PAGE 11 14 '!P`°"J!~!O'Yp6, ~.us".T•l~ln!/!lTRII' „e.....r .........w • • 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to execution. The owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-waY, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction cost, if any, prepared by the Architect, represent the 1 Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, ever the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not warrant cr represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2,2 No fixed limit of Construction Cost shall be O 0 established as a condition of this Agreement by the furnishing, J proposal or establishment of a Project budget, unless such fixed limits has been agreed upon in writing and signed by the parties PAGE 12 15 r • r , s• thereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in. the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if ary, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within ninety (90) days after the Architect submits the Construction Documents to the owner, any Project budget or fixed limit of Construction Cos: shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost %adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid, the owner shall: 1. give written approval of an incr^ase in such fixed limit; 2. authorize rebidding or renegotiating of the Project within a reasonable time; 3. if the Project is abandoned,. terminate in accordance with Paragraph 7.3; or 4. cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4. the Architect, without additional charge, shall modify the Contract Documents as necessary to conply with the fixed limit, at the Architect's sole cost and expense in accordance with Clause 2.5.2. 1 1 The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance wish this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECTS DRAWINGS, 0 SPECIFICATIONS AND OTHER DOCUMENTS i • O 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the `J PAGE 13 16 • • Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright., The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects or for completion of this Project by others, unless the Project, or any phase thereof, of the Project is complete, Architect is in default of this Agreement, or this Agreement is terminated, at which time such documents become propercy of the City of Denton which allows Owner freedom to use such documents. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the other party fail substantially to perform in accordance with tAie terms of this Agreement through no fault of the party initiating the termination. 7.15 The City of Denton may terminate This Agreement after the completion of each basic, service phase, as set forth in Article 10.1.2 hereof, upon written notice to the Architect. 7.2 If the Project is suspended by the Owner for more than thirty (30) consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. when the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement may be terminated by th ner upon not less than seven (7) days' written notice to the A. =ct in the event that the Project is permanently abandoned. Il :Iroject is abandoned by the owner for more than ninety (90) cons:: tive days, r the Architect or the owner may terminate this Agreement by giving written notice. 7.4 Failure of the owner to make payments to the Architect in accordance with this Agreement shall be considered substantial O 0 nonperformance and cause for termination. PAGE 14 17 • 7.5 If the Owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven (7) days' written notice to the owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within 'seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to termination. ARTICLE: 8 MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas. 8.2 Terms in this Agreement shall have the sane meaning as those in AIA Document A201, General Conditions of the Contract fcr Construction, current as of the date of this Agreement. 8.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither owner nor Architect shall assign this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument s_gned by both owner and Architect. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect.. • 8.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous 3terials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (?CS) or other toxic substances, • • ® provided, however, Architect shall have the responsibility to and shall report to the Owner the location of any hazardous material PAGE 15 L8 e e that an Architect of similar skill and expertise should have noticed. 8.7 Upon rezeipt of prior written approval of owner, the Archite~•t shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the owner ha3 previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. 8.8 Architect shall have knowledge in, experience in, and willing to participate/conduct in partnering construction. Partnering construction is defined as: "a long-term co,nmitment between t:ao or more organizations for the purpose of achieving specific business objectives by maximizing the effectiveness of each participant's resources. The relationship is based on trust, dedication to common goals, and an understanding of each other's individual expectations, values, roles and responsibilities." 8.9 The owne- shall have the right to review and approve personnel assigned to specific roles in t!%e performance of this project. Architect agrees', that this is a personal services contract and that the key persons who shall be performing most of the work shall be Lyle Burgin and Lou Wolf. But, with Owner's l.ermission, Architect may use other qualified and competent members of their firm to perform the work. ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Cirect Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and cjs:om..ary contributions and benefits related thereto, such as emll."yment taxes and other statutory employee benefits, insurance, sick leave, • holidays, vacations, pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES - NEED TO BE PRE-APPROVED 9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by • the Architect and Architect's employees and consu'.tants in the e • interest of the Project, as identified in the follc.jing Clauses. PAGE 16 19 i ; • • 9.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 9.2.1.2 Expense of reproductions, postage and handling of Drawings, specifications and other documents. 9.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 9.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 9.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.3.1 Subsequent payments for Basic Services steal' be made monthly and. where applicable, shall be in proportion to services performed, within each phase of service, on the basis set forth in Subparagraph 10.2.2. 9.3.2 If and to the extent that the time initially established in Subpa!'agraph 10.4.1 of this Agreenent is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 10.2.3. 9.3.3 When compensation is based on a percentage of Construction Cost and any portions, of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 10.2.2 based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction cost or detailed estimate of Construction Cost for such portions of the Project. 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payr,.nts on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon r presentation of the Architect's statement of services rendered or expenses incurred. 9.5 PAYMENTS WITHHELD • 9.5.1 No deductions shall be made from the Architect's • 0 compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the PAG'c: 17 io • • cost of changes :n the Work other than those for which the Architect is resporsible. 9.6 ARCHITECT'S ACCOUNTING RECORDS 9.6.1 Records of Reimbursable Expanses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's ruthorized representative for inspecticn and copying during regular business hours for thr.e (3) years after the date of the final Certificate of Payment. ARTICLE 10 BASIS OF COMPENSATION The owner shall compensate the Architect as follows: toll BASIC COMPENSATION 10. FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 11 as part of Basic Services, Basic Compensation shall be the total amount of $67,150.00 with 5% retainage held by the City. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: • Phase II - DMC Phase I/City Hall Phase II • Phase I and II • Design and Development 20% 0 Construction Documents 45% $ • Bidding 5s $ • Phase I Construction 15% $ • Phase II Construction 15% $ Total cost without reimbursables $ 67,150 10.2 Co17PENSATION FOR ADDITIONAL SERVICES • (Not to ixceed $7,000.00) 10.2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 2.2, compensation shall be computed as follows! On an hourly rate basis, based on Article 10.2.2. • 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as dcscrib._d • in Articles 3 and 11, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services PAGE 18 21 • • • P.epresentation, as described in Paragraph 3.2, and (2) services included in Article 11 as part of Additional Services, but excluding services of consultants, compensation shall be computed as follows: Principals $125.00 pe= hour Sr. Project Manager $95.00 average hourly rate See Exhibit "A" 20.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.16 or identified in Article 11 as part of Additional Services, a multiple of 1.1 times the amounts billed to the Architect for such services. 10.3 REIMBURSABLE EXPENSES (Not to exceed $7,000.00) 10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9.2, and any other items included in Article 11 as Reimbursable £Ypenses, a multiple of 1.1 times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 10.4 ADDITIONAL PROVISIONS 10.4.1 IF THE BASIC SERVICES covered by this agreement have not been completed within fourteen (14) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 9.3.3 and 10.2.2. 10.4.2 Architect -ay bill the City for hours expended every month, beginning thirty (30) days after the Architect begins the work and the city shall endeavor to pay the Architect within thirty (30) days of receiving an invoice. However, the City shall not be obligated to pity more than 95% of the total contract price to Architect through monthly invoices, until Architect has completed all services required by this Agreement. 10.4.3 Payments are due and payable thirty (30) days from the • date of the Architect's invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (14) per month. Provided, however, owner shall not be responsible for paying for any services which have not been satisfactorily performed in accordance with the terms and conditions of this contract and shall not be liable for any interest on such services. 8 PACE 19 22 • • ARTICLE 11 OTHER CONDITIONS OR SERVICES 1. Insurance and Indemnification. Architect shall maintain, , at no expense to owner, insurance coverage placed with companies rated at least 8+/X by Best's Rey Eating Guide, including a professional liability policy in to amount not less tha:i one million dollars ($1,00J,000), including contractual liability coverage. All applicable insurance policies shall name the Owner as additional insured and shall require the giving of written notice to Owner at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. Architect shall furnish owner copies of said policies or certificates of insurance. Architect agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the A Agreement, rchitect of those services contemplated by this omissions of sArchitectits allegations officers, employ es tsand subcontractors. 2. Architects' work plan is attached hereto as ExhiLit A. 3. The parties agree that Ford, Carson & Powdll will serve as a consultant to Corgan Associates Architects on the design and construction of City Hall. This agreement entered into as of the day and year first written above. CITY OF DENTON, TEXAS CORGAN ASSOCIATES ARCHITECTS OWNER ARCHITECT • r BY: TED BENAVIDES, CITY MANAGER BY. PRINC L PAGE 20 I 23 ido • • ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LL'GAL FORM: HERBERT PROUTY, CITY ATTORNEY BY:- PAGE 21 1 24 II I t r C' • PROPOSED SCOPE OF WORK DMC AND CITY HALL RENOVATION PROJECT II 97/98 PROJECT II DMC/CITY HALL RENOVATION DESIGN PHASE i/SCOPE OF WORK (DMC) • Finish out approximately 7,000 sf for Customer Service (cashiering and tax) 0 Main building ADA entrance, two hallways - one leading to Human Resources and oze leading to court/police (matching existing wood, ceiling, wall design) • New set of ADA restrooms • one new mechanical entry • New HVAC of existing system (if possible/size chiller) • New entry counter space • Storage space for court records • Fire/security/PAC system • Upgrade telephone system/T-cards • Complete furniture design implementation 0 Construct one Vision room - 1,800 sf DESIGN PHASE II/SCOPE OF WORK (CITY HALL O'NEIL FORD COMPLEX) • Finish out approximately 10,000 sf of office space • Wood/glass store front as O'Neil Ford • Move Administration services upstairs * Finish out Legal Department s Modify two restrooms • One break room • Fire system - wet sprirklers/smoke detection • Basement ADA ramp 0 Removal of radio antenna • Complete furniture design implementation *Note: • • Final furniture budget will be determined after construction design • Construction eotimate/furniture estinate required in writing before bid • ADA State app:jval in writing before bid ! PAGE 22 25 i WMA 011 e • f' EXHIBIT A CAI STANDARD BILLING RATES Principal . . . . . . . . . . . . . . . . . . . . . . . . $125.00 Senior Project Manager . . . . . . . . . . . . . . . . . $ 95.00 Project Manager III . . . . . . . . . . . . . . . . . . . $ 90.00 Project Manager II . . . . . . . . . . . . . . . . . . . $ 85.00 Project Manager . . . . . . . . . . . . . . . . . . . . . $ 75.00 Senior Project Architect/Designer . . . . . . . . . . . $ 65.00 Project Architect/Designer . . . . . . . . . . . . . . . $ 60.00 Senior Architect/Designer . . . . . . . . . . . . . . . . $ 55.00 Architect/Designer . . . . . . . . . . . . . . . . . . . $ 50.00 Intern Architect/Designer . . . . . . . . . . . . . $ 45.00 Support Staff . . . . . . . . . . . . . . . . . . . . . $ 40.00 • r PAGE 2] 26 MOOR • • s CITY of DENTON, TEX45 MUNICIPAL BUILDING # 215E McKWNEY • DEh'T6;J, TEXAS,-6Z:' ~ (817) 566.8100 • DF~YMETAO 4:•:5:: MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM: Bruce Henington, Facilitie3 Management DATE: April 30, 1997 SUBJECT: Hiring of architect for Project II/Denton Municipal Complex/City Hall As you are aware, this project will complete the west wing of the City Hall, add a new main entry in the Denton Municipal Complex and renovate space in order to move Customer Service to the Denton Municipal Complex. The Facility Management group is recommending the hiring of Corgan Associates, Inc., for the architectural support in order to begin Project II funded in the 97/98 CIP. We are recommending Corgan for the following reasons: • Corgan is familiar with the O'Neil Ford design and has already pre-designed the City Hall west wing with the assistance of Boone Powell & Associated. • Corgan's fee is 7.0 of the budgeted project, well within the guidelines suggested in a study by the Society of Architects (a study used during the CIP process to set minimum and maximum architectural fees). • • Corgan continues to provide a high degree of professionalism and has a good working relationship with the City Council Renovation Committee and City of Denton departments. • Corgan completed the Jail, Police, Courts, Human Resources and Information Services phase of the Denton Municipal Complex and is very familiar with the structure and mechanical systems , ® within that building. • "Dedicated to Qualim- Service" 27 e e Hiring of architect for Project II/DMC/CH May 2, 1997 Page Two Our goal is to complete the design and go to bid in September 1997. If successful we will present the construction contracts to the City Council in October or November 1997. The funding for these professional services comes out of 96/97 One- Time Budget account #457-032-Bldg-9718-9101. If you have any questions, please contact me at 8134. tic.. B :e Henin to CFM Attachments 3758.fm e 1 r e e i 28 A lam ...--t wr 21- -1 • • t PURCHASE ORDER DENTON. Tx 76201 . NuNSe 75357 DATE/VENDOR NO. L 0O6MENT 05-20-97 C38 COR31000 VENOOR SHIP r,ORGAN ASSOICATES CONFIRMATION ONLY C38 501 ELM STREET FACILITY MGMT SUITE 500 604 E HICKORY DALLAS TX 75202 DENTON TX 76201 TEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID N0. LINE A7.1C~.ti 01 457 032 SLOG 9718 9101 0.00 BASIC ARCHITECTURAL SERVICES 67,150,:_ FOR PROJECT II DMC/CITY HALL DESIGN, BID AND CONSTRUCTION 02 457 032 SLOG 9718 9101 0.00 REIMBURSABLES - NOT TO EXCEED 7,000.:: II TOTAL FOR P.O. : 74,t50,00 to City of Denton. Texas is tax exemot-Hcuse Bill No. 20. eference P.O. Number on all 8/14 Shipments and Invoices. iipments are F.O.B. City of Denton, or as indicated. By Purchasing Division R.R. Number Items Received 0a1e Voucher Number Am cunt PURCHASING 29 • • r. Agenda No. _ Agenda he ORDINANCE NO. Age Date 7- q 2 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAI: ABLE FROM ONLY ONE SOURCE IN ACCORDANCE RTTH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Section 252.022 of the Local Govemment Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents. copy rights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas. eater and other utility purchases; captive replacement parts or components for equipment: and library materials for a public library, that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids: and WHEREAS. the City Council % fishes to procure one or more of the items mentioned in the above paragraph: NOW, THEREFORE. TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the follo~%ing purchases of materials. equipment or supplies. as described in the "Purchase Orders" attached hereto. are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 75363 ADVANCED CONTROL SYSTEM 539,637.00 SECI ION ll. I"hat the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply «ith all requirements specified by the Purchasing Department. SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. t 1 l r~, • 1 • SECTION I1'. That this ordinance shall become effeake. immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997 JACK MILLER. MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: Sol F.SOLRC E N f i 2 g; • • w DATE: JUNE 17, 1997 CITY COUNCIL REPORT r0: M.,\ or and Members of the Cit) Council FROM: Kath% Dubose, Executive Director of Finance SUBJECT: PURCHASE ORDER #75363 - ADVANCED CONTROL SYSTEM RECO.NMENDATION: We recommend purchase order #75363 to AO anced Control System be apprc ed in the amount of S39.637.00. SUMMARY: Purchase Order #75363 to Advanced Control System is for the acquisition of hardttare. hardware upgrade, soft%yare and new ork start up for the Electric Utility SCADA (Super%iso Control and Data acquisition) System. The SCADA system monitors and controls tfte electric po%%cr distributions) stem and rela. problems to the control room in the Electric Production facilitN so corrective action may be taken. This materials, sofu%are and services are intended to upgrade the existing SCADA sN stem. The materials soft%%are and services listed are sole source items protected by cop) right and,'or patents and are exempt from the bid process (Texas Local Government Code Chapter '_52). PROGMMS. DEPAR-BIENTS OR GROUPS Af FECTED: Cite of Denton Municipal Utility. Electric Production and Distribution Divisions. FISCAL IMPACT: This Fianned upgrade of the SCADA System ~%ill be funded from 1996 97 budget funds: Account 9 610-102-1021-5880-8502 $38,375.31 #610.102.1021.5660-8341 S 1,261.69 S39.637.00 Attachments: Quote from ACS dated 3-26.97 Purchase Order # 75363 Respectfully submitted: • at . Executive Director of Finance Approtcd: ' A ~'am~: Tom . 5 ta~~, l.Ts3i- ~ • • Title: Purchasitiv Acent 3 1 ,1 NM • • r A0VA.NC7,E0 CONTROLSYSTEMS' 2755 Nonhwoods Parkway Norcross. Georgia 30071 Tel: (770) 446-8854 Fax: (770) 448-0957 Quotation Page I of 7 To: Cite of Denton 901 -A Texas Street Denton. Texas 76201 Attn: Glenn Fisher. Operations :Manager Rcf.: PRISM EMS Upgrade Date: ? 26 97 ACS Quote No.: EC97Q-142 F.0.9 O Destination (X) Norcross Terms: See Terms below Ship Via: Best Way Customer Requested Date Invoice Sales Tax'o As Required ACS Estimated Shipping Date 4 months after contract award Invoice Shipping Charges Yes Hem Qh. Deuription Unit Price Total Phase 1: Workstation Network 5391512 Hardware I I HP B132L Workstation equipped vvilh: 128 DtB of ECC RAM 2.0 GB intemal disk (1) EthemcVTEEE 802.3 LAN ports (10naseT) One (1) 20" high resolution (1280 X 1024) color monitor 0 Enhanced keyboard 0 3-Button Mouse 0 Internal CD-ROM _ 2 1 Foreign CPU Port (dual) 3 1 Diagnostic Port Modem . 9600 baud 4 l lot _ Documentation Sofmare 3 1 SB-900792 Vector (iraphics. PC RetlectionsX or X-Terminal Sets ices 6 Existing 7000 system Database conversion On-site start-up to nemork to existing 712x60. ~ rnose PRISM to B132 hate.A;_Qption~ _ 7 1""9B•9f0784-Gcncric.Fyrgign C^ornputcr Link to 515.029 IStandard)(DcntonEnd)--- • 8~ J _ -SB•900810 Automatic Generation Control 516.000' O C-" Monitor Mode I 4 1 • • • VIAICIIASE Ol NU: 0, 11, i THIS IS A II111 rnwnbm niu11 Appear nn ail CONFIRMING ORDER I b,volces, delivery slays, crses, . (IF MAANE0) cans, bores, paclklnp slips rid bill;, DO NOT DUPLICATE ley No, Bid Not Dab: 05 23 97 Page No 01 Y DEN TEXAS PURCHASING DIVISION 1 901 018 TEXAS SONt of DEE TONN, TEXAS 76201-4354 8171383-7100 D/FW N1ETRO 8171267-0042 FAX 817/383-7302 NDOR ADVANCED CONTROL SYSTEMS ME/ 2755 NORTHWOODS PKWY DELIVERY CENTRAL RECEIVING S37 DRESS ADDRESS COMMUNICATIONS NORCROSS GA 30071 901 B TEXAS ST DENTON, TX 76201 on JIM 0 BRIEN VENDOR NO, ADV49000 DELIVERY QUOTED 10 11 97 F08 DESTINATION BUYER TS TERMS ~~ryy °4.0A'"'[I41 k:i~. r, AhKNINT 01 1.00 EA VENDOR CAT. / N / A MFG NAME 38,375.000 38,375.00 CITY / 20513 UPGRADE TO ACS SCADA SYSTEM INCLUDING HPB132L WORKSTATION, FOREIGN CPU PORT, DIAGNOSTIC MODEM DATABASE CONVERSION 6 NETWORK STARTUP 02 1.00 EA VENDOR CAT. I N / A MFG NAME 1,137.000 1,137.00 CITY / 20513 REKAINDER OF FUNDS TO COVER COST OF !TEN 1 03 1.00 LT VENDOR CAT. It N / A MFG NAME 125.000 125.00 • CITY / 96286 ESTIXATED FREIGHT P GE TOTAL I 39,637.00 GR ND TOTAL s 39,637.00 j • 1 610 102 1021 5880 8502 38,375.00 • 610 102 1021 5660 8341 1,262.00 30R INSifimill0NS 3 Terms . Net 30 e„ -n-14 r-p end mipihrl Invoice with duplicate copy. , 4. Shipping instructions: F 0 B Destination prepaid kw.., y..e«,t III to - Accounts Payable S. No federal or sure sales us shall be included 215 E. Mc0litr St in prices billed Purchasing Division Ornton }I( 76101 4194 VENOOR-ORIGINAL • Agendt No. Q d ORDINANCE NO. Date Agenda Item - AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LANV EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHFREAS. Section 252.022 of the Local Govemment Code provides that procurement of items that are only mailable from one source, including; items that are only mailable from one source because of patents. copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas. «ater and other utility purchases: captive replacement parts or components for equipment: and libran materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS. the City Council tcishes to procure one or more of the items mentioned in the above paragraph. NO V. THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following purchases of materials. equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: , PURCHASE ORDER NUMBER VENDOR AMOUNT 75676 MOTOROLA COMMUNICATIONS, INC. S22,500.00 SECTION 11. That the acceptance and approval of the abo\e items shall not constitute a contract bewcen the City and the person submitting the quotation for such items until such person shall 4 comply with all requirements specified by the Purchasing Department. SLC I ION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. I, L.n oil I "MIN • • r, SECTION 1V. That this ordinance shall become effective immediately upon its passage and appro%al, PASSED AND APPROVED this the day of 1997 JACK MILLER. MAYOR ATTEST: JE,vNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SOLESOURCE r2 1 r y L • • t, DATE: JUKE 17, 1997 CITY COUNCIL REPORT TO: MaN or and Members of the City Council FROM: Kathy DuBose. Executive Director of Finance SUBJECT: PURCIIASE ORDER # 75676 - MOTOROLA COMMUNICATIONS, INC. RECOJIMENDA]ION: We recommend purchase order #75676 to Motorola be approved in the amount 52'.500.00. SC'1BLILRY: Purchase Order # 75676 is for the acquisition of 100 STX command board upgrade kits. These kits are intended to comert existing TvPe i hand held mobile radios to T%pe 11 radios. The Trpe 11 radios are compatible with Denton County $ erif's Office, Lewisville, Carrollton, Ft. Worth, and other entities using T~ pe 11 protocol. The Cite of Denton Type I radios currently cannot communicate with these other entities. Approval of purchase order x`'75676 will allow for the upgrade of 100 radios currently in use by the Fire Department and Police Department. PROGRA.NIS, DEPARTMENTS OR GROUPS AFFECTED: Police Department. Fire Department and Communications Division of the Utility Department FISCAL 1311PACT: Fort% (40) of tlxse units will be funded from 1996/97 Fire Department budget for special senices. Account # 100-060.0050.8502 S9,000.00 The other 60 units will be funded from Police Department Seizure Funds Account 4257.070-0040-8341 $13.500,00 $22.500.00 Attachments: Memorandum from Don B}'rd. Communications Manager Purchase Order #75676 Respectfully submitted: 4Exae1cutLNueWiwrcctorofFinance Approved: Rame: I om-D-.-SFaw. . Title: Purchasine Aeent , 3 1111111 pill &Z'Z A-1 ! • r To: Tom Sbaw From: Don Byrd Subject: Radio Compatibility Date: Tuesday, June 03, 1997 In July 1987 the City of Denton began operating on a new Motorola 800b1HZ trunk-ing radio system using Type 1 protocol. Shortly after the implementation of this system Motorola created a new protocol for their 800MHZ trunking systems. This Type 11 protocol was ii.wgiated into all of its latest system;. The City of Denton was the first in Denton County to operate on a 800MHZ system. Later Denton County, Lewisville, and Carrollton purchased the new version of Motorola's trunking system which were Type IL The City of Denton Police and Fire Departments are unable to communicate with these entities on the 800MHZ trunking system due t) the difference in Type I and Type II protocols. There are two primary areas that require upgrading when migrating from Type 1 to Type 11 systems. • First the system infrastructure must be upgraded. In October 1996 the City of Denton's Electric Communications Division purchased and installed the necessary firmware and software to upgrade the radio infrastructure to Type 11. This provided the Type 11 protocol for the infrastructure only. • The second requirement is to upgrade the radios that are not capable of Type 11 protocols. The upgrade consist of replacing die existing command module, realignment to specifications, and reprogramming each radio. This upgrade will allow the City of Denton Police and Fire Departmenu to communicate with Denton County Sheriffs Office, Lewisville, Carrollton, Ft Worth, and other entities using Type H protocols. , ! i 1 ~ rrupgrud. msr 4 I~ {y, 1 v r • • + 111011CIiASk Ultimi NO: 'hli [ills is CONFIRMING 0li0ER ihit ruwrr6vii nni•.I clgmd tnr all ciris. b owes, skips, caws. OF MARKE ctnso.es, e:, pxhing slips and bills DO NOT DUPLICATE Rea. No. Bid No: Date. 6-3-97 Page No 1 CITY PLIRCIWSING DIVISION 1 9001 a TEXXAS s~Nf ,T~xON. TEXAS 76201-4354 8171383-7100 DIFW METRO 8171267-0042 FAX 8170182-4692 ENDOR AME/ MOTOROLA COF"ICATIONS DELIVERY CONNUNICATIONS DORESS AM, li MCINTYRE ADDRESS TEXAS 1701 VALLEY VIEW LN DENT S , DALLAS, TX 75234 TX TX 7 76201 Ln VENDOR NO. NOT52400 DELIVERY DUOTED 06 10 97 FOB DESTINNITION BUYER TS TEAMS vMu r •4 ~ ir' x6',9 .fs'i< qn, d'd(«.c.•r A OT )01 40 EA VENDOR CAT. REX-1),49A MFG NAME $ 225.00 $9,000.00 CITY 1 72582 STX CONK&ND BOARD UPGRADE KIT )02 60 EA VENDOR CAT. REX-1149 MFG NAME $ 225.00 $13,500.00 CITY 1 72582 STX COMMAND BOARD UPGRADE TUT l s • P GE TOTAL: 22,500.00 G D TOTAL: 22,500.00 01 100 060 0050 8502 9,000.00 02 257 070 0040 P001 9110 13,500.00 ,r.++•n NDOR INS)R I0TI0NS 3. leans - Net 30 441.11 Send original Invoice wit hplmele dopy. ; i. Shipping insir"noc► F 08, llcsrirvtioi prepaid u.r.., .o.,.,:. ,poo,.di Bill to Accounts Pepble 's S. No federal or state sales tam mall be Included chasing vision loui 215 E. McKinney SL In pricer billed. Othlon. Tit 3201.4299 VENDOR-ORIGINAL r• ti c, Agenda No. Agenda I em Date ' ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON RELATING TO PARTICIPATION IN VARIOUS CITY OF DENT ON CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES: AND DECLARING AN EFFECTIVE DATE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an Interlocal Agreement with the County of Denton relating to participation in carious City of Denton contracts which provide for the purchase of carious goods and sen ices, a copy of such agreement is attached hereto and incorporated by reference. SECTION IL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1997. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBf R r L. PROUTY, CITY ATTORNEY r BY: INU RLOC.V_Or11IIR t i I • • DATE: JUNE 17, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the Cite Council FROM: Kathy Du Bose. Executive Director of Finance SUBJECT: INTERLOCAL AGREEMENT WITH COUNTY OF DENTON FOR THE PURCHASE OF SUPPLIES AND SERVICES RECOMMENDATION: Council approve ordinance for the cooperative purchasing of supplies and services bet«een the City of Denton and the County of Denton. SUNMARY: The County of Denton wishes to enter into this Interlocal Agreement to authorize participation in various Ciq of Denton contracts for the purchase of various goods and senices. The Interlocal Cooperation Act. Chapter 791 of the Texas Government Code. grants political subdivisions of the State of Texas ie ci,ies, counties, school districts and special districts, the authority to enter into Interlocal agreements. Each entity shall act independentIy regarding actual purchases. PROGRAMS, DEPART.ti1ENTS OR GROUPS AFFECTED: City of Denton. County of Denton FISCAL IMPACT: None Attachment: Letter from Beth Fleming. C.P.M. Cooperative Purchasing Agreement Respect'illy submitted: I ~o , *E.,a,ecufi%e c to rofFinance Approved: • Name: Tom aw. . Title: Purchasing Agent • • a 2 e 0 r, DENTON COUNTY PURCHASING DEPARTMENT > Beth Fleming, C.P.M., Director of Purchasing 301 E McKinney Denron, Texas 76201 (S)7)565-R672 FAN (S17) 565-9679 )840 f May 29, 1997 Honorable Jack Miller The City of Denton P.O. Box 2347 Denton, TX 76201 Re: Cooperative Put chasing Agreement Dear Mr. Miller: j Denton County,. fishes to enter into an InterIocal Agreement with the City of Denton for the purchase of various goods and services. Enclosed is the Cooperative Purchasing Agreement signed by Jeff Moseley, County Judge. Participation in the cooperative program rill be highly beneficial to the taxpayers through anticipated savings. Please forward one original fully executed document to my attention. Denton County appreciates the opportunity to join with the City- of Denton in this venture. j Sincerely, Beth Fleming, C.P.N1, Director of Purchasing • cc: Tom Shatit, Director of Purchasing, City of Denton i J ,..?-:LP l ter, 'a _ .n - f tS M MAM,~M•rII~1~~Y/~,'WdYIM~MiAAMAK!gM t Y d THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL AGREEMENT COOPF.RATTVE PURCUMING AGREENIFNT This agreement is made on the day of 1997, between the County of Denton, State of Texas, and the City, ,t Denton, Texas. In consideration of the mutual covenants contained herein and pursuant to the authority permitted under Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, County of Denton and City of Denton agree as follows: Purpose The County of Denton wishes to enter into this Interlocal Agreement to authorize participation in various City of Denton contracts for the purchase of various goods and services. The participation in this cooperative program will be highly beneficial to the taxpayers through the anticipated savings to be realized. 11. Duration of Agreement This agreement, as of its effective date, terminates all prior agreements, written or oral, between the parties concerning the same services/materials and shall become effective on , 1997, and shall continue in full force and effect thereafter until terminated by either party on thirty (30) days written notice to the other. III. Relationship of Parties The parties intend that the entity, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither th- County of Denton, its agents, employees, volunteer help nor any other pers r. operating under this contract shall be considered an agent or employee of the C .y d of Denton and shall not be entitled to participate in ary pension plans or other benefits that the City of Denton provides its employees. CITY OF DENTON COUNTY OF DENTON ' BY: BY: „l Jack Miller, Mayor [oseley, 00NTy'''•,,4 gen on County Jud ~ti0 • # DATE: ;;,o:. , X% DATE: ~~~os a3NOt`'S\~aS r; t` • • n THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL AGREEMENT COOPERATIVE PURCHASING AGREEME NT This agreement is made on the day of 1997, between the County of Denton, State of Texas, and the City of Denton, Texas. In consideration of the mutual covenants contained herein and pursuant to the authority permitted under Chapter 791 of the Texas Goverament Code, the Interlocal Cooperntion Act, County of Denton and City of Denton agree as follows: I Purpose The County of Denton wishes to enter into this Interlocal Agreement to authorize participation in various City of Denton contracts for the purchase of various goods and services. The participation in this cooperative program will be highly beneficial to the taxpayers through the anticipated savings to be realized. II. Duration of Agreement This agreement, as of its effective date, terminates all prior agreements, written or oral, between the parties concerning the saiae services/materials and shall become effective on , 1997, and shall continue in full force and effect thereafter until terminated by either party on thirty (30) days written noti°e to the other. III. Relation hip of Parties The parties intend that the entity, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the County of Denton, its agents, employees, volunteer help nor any other person operating under this contract shall be considered an agent or employee of the City • of Denton and shall not be entitled to participate in any pension plans or other benefits that the City of Denton provides its employees. I CITY OF DENTON COUNTY OF DENTON B 1` ~ BY: a nllurpr Jack Miller, Alayor ~ Moseley, • e ton County Judge a•~e10pv~jY l'%a • i4 DATE: DATE: o: o ''y~~ S. b ENO ~~»Il llllll 111 H~~ v. AAA • i • n -t Agenda 1149- Date '1-9 0 CITY COUNCI1, REPORT TO: Mayor and Members of the City Council FROM: R.E. Nelson, Executive Director of Utilities i DATE: June 19, 1997 l SUBJECT: CONS] DEr2 APPROVAL OF A CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR SMOKE TESTING AND PROFESSIONAL ENGINEERING SERVICES RECOMMENDATION: The Public Utilities Board (See Exhibit IV) recommends approval of the above referenced contract kith ADS Environmental Services, Inc. (ADS) for an amount not to exceed $196,696.00. SUMMARY: The smoke testing to be performed by ADS will identify those sections of the collection system which have structural defects and experience inf3ovOinfiltration during periods of rainfall. ADS "ill conduct smoke testing in Basin PH and PJ, which consist of approximately 380.000 linear feet of sewerline and 800 manholes. Exhibit I highlights sub-basins PH & PJ to be smo+:ed tested. The price schedule is attached as Exhibit It. BACKGROUND: The engineering divisicn has determined th:.t there is a significant amount of Inflow/lnfiltration in the system, The purpose of the smoke testing program is to: a Petermine location and severity of defects contributing inflow and infiltration in Sanitary Sewer Coilection System. Develop a ranking of all defects to establish an effective rehabilitation • ` plan, O i • Provide basin information that can be used in oar sewer system collection model and in GIS. t: • i • City Council Report Page 2 PROGRAM]DEPARTMENT OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, ADS Environmental Services, Inc. FISCAL IMPACT: The Capital Improvement Plan includes $225,000 for 1/I studies. The cost of this project is $196,596.00. It is $28,304.00 under the budget. The Capi' 1 Ii, provement Plan Detail Sheet is attached as Exhibit 111. Respectfully submitted: R. E. Nelson, Executive Director of Utilities Prepared by: ` Jil Jord , P.E., Interim Director Water/Wastewater Engineering & Field Services Exhibit I: Location Maps j Exhibit II: Price Schedule _ Exhibit III: CIP Detail Sheet Exhibit IV Minutes PUB Meeting March 19, 1997 t `wwprCCUDS. M 1 • i , 1 2 r ......^.-Y.. • • r, WATER / WASTEWATER ENGINEERING I 1997 SMOKE TESTING PROGRAM PH & PJ BASINS f • EXHIBIT I 4' wwe.w' _ T • COST SCHEDULE CITY OF DENTON • BASINS PH AND PJ Descri Von guano Unit Cost Total Motifizatlon, Proje. , Admmrstratfon, L.S. I L.S. Pre5entationx (Art meet 8.2) $9,063 Basic Services - field Inspsc on Above Ground Rscon/Map Update 380,0001.E $0.04/E. f. 315,200 Manhole inspection 800 each $651esch $44,000 Imoke Testin 380.000 I.f. $0.25/11 $95,000 Basic Services • np nearing Analysis and Reports Souris Defect "sis (Att4chmont111.3) 300,000Ef. L3. $1101,575 Final R Attachment 8.4 L.S. L.S. Total $14,858 Additional Special Services 198,896 Night Flow isolation 32251each Dye Water Flooding $2' i CIeWN Inspection S.33A.t Dye Tedng wish W inspection $I801eMea Wool: Notil4cotion Letter ch 30,7/aactt i I e I< - j f 4 t EXHIBIT 11 f A„'M4 l 0 • i • n X997 _ CAPITAL IMPROVEMENT PROJECT 0 97-0047 1g PROD TITLE: (D INFILTRATION INFLOW INVESTIGATION , ~ESTIMa?EO COST: $225 (x 1000 GROUP ASSIGNMENT: 8 DESCRIPTION: To prcvlde fklw monitoring, $mks and for PH and PJ sub-basins of the P tecanC ek Sanitary erne spent d lines System, PURPOSE: In order to locate s xtraMOUe water entering ft the pecan Creek Sanitary a" Saw" System and to develop a rehabftIjOn plan based on econOrnic Ws to optlornlza the elimination of IA which reduoaa hydrau8a ovarlo at the Wasp T ~ re1~ PWIL To minimize owrllows and sir i expense of relief ~ for MdW damage. To redoes me Cape of to theft of r aewer3rN Comb ration required to transport A Nowa to N, • also to delay the "Wolon of ft futus WWTP expansion due ENCUMBERANCES BOND REV Ale OTHER TOTAL CASH EXPENDITURES BOND REV AIC OTHER TOTAL TOTAL iST YR s225 30 30 i0 3225 TOTAL 2ND YR 0 p 0 0 0 $225 s0 $0 $0 $225 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL 3225 30 i0 SO 3225 0 0 0 0 0 3225 s0 $0 $0 $225 ENCUMBERANCE DATES EA*jn*arad as spent, PHASE DATE AMOUNT l • f General Purohaq I Inngineerbq Deso specuon Consmxdw 1 Mlsowlaneous AS SPENT 6225 ENCUMBERANCE TOTAL $225 COMMENTS: I i t 3!3198 18:7 5 EXHIE3-r m • i • r. iPC n: DEHTOH UT.I ADna. F.., . A% 40.1 817566SI28 e5-29-97 081109 P.04 City of Denton Public Utilities Rnard Meeting %linutes lyfarch 19. 1997 Paul 3 expressed his pleasure with the service and generosity provided at the site by the cmployrra and the quality of the composting materials. There was general discussion regarding compost transportation issucc. Mz. Martin briefed the Board on the status of the landfills sitelife. He said the current 100,000 tons of tkaste which are being dumped --ersus current projections of 88,000 now shortens the projection of landfill site life and this bulk of \%asle is from open top containers and construction type activities. There %%as general discussion regarding this item. a. RECEIVE A REPORT FOR THE EXECUTIVE FINANCIAL SUM.N ARY - For Period Ended February 1991 The Board receisrd this item as submitted. 5. CONSIDER APPROVAL 01: BID NO. 2009 IN THE AMOUNT OF 5122.865,62 FOR C'ONSIRUCTION OF THE LAURELWOOD 8" WATERLINE Ms, Jordan presented this item saying staff recommends award of the contract to Saber Development Corporation in the amount of S 122,865.62 for the Laurcl%%ood Aaterlinc project consisting of portions of RcdNkood and Kay'C-Aood streets. The bid does not include asphalt patching and this work will be performed by the tingincering and transportation Department at 52.00 per square foot of patch. Mr. Giese made a motion to approve this item. Mr. Thompson seconded the i?cn. All ales, no nays, motion approved. 6, CONSIDER APPROVAL. OF A CONTRACT WITH ADS ENVIRONMENTAL SERVICES. INC. FOR SMOKE TESTING AND PROFESSIONAL ENGINEERING SERVICES Ms. Jordan presented this item saying staff recommends approval of a contract • with ADS Environmental Services. Inc for an amount not to exceed $196.696 00. The purpose of the smoke testing program is to: i o Determine location and selerity of defects contributing inflow and infiltration in sanitary' sewer collection systems • o Dv clop a ranking of all dcfe:ts to establish an effective - rehabilitation plan. • • h-m# Amri. 4D,Sr1m ln.mmnmmo Roy n9'1IraH 6 K' • • :.r F.F 06MJ DENTON UTII QDnI FQ% N0.1 8175668120 05-29-97 08131Q F.03 City of Denton Public Utilities Board Meeting Minutes March 19. 1997 Page 4 o Provide all basin information that can be used in our seer system collection model and in GIS. Mr. Coplen expressed concerns for the timing of the actual testing versus the timing of the necessary repairs resulting from the damaged streets of that specific testing. Mr. Thompson made a motion to appro%c this item. Mr. Giese seconded the item, All ayes, no nays, motion approtied. 7, REVIEW A REPORT AND HOLD A DISCUSSION REGARDING ,x000UNTS RFCFIVART F ISSUES Mr. Jefferson presented this item He said every five )ears. APPA mailed a customer accounting survey to member utilities. The results of their last survey had indicated that Denton's experience is better than the average performance of the utilities that responded to the survey. The City of Denton 1996.97 projected bad debt %Tite-off as a .31%, Mr. Jefferson said the ininati%o that have improved our performance include the foIloains o We have limited customer to one short term contract (STC) cvccv six months o Accounts 'ith insufficient credit history are being :hanged a security deposit or the existing deposit is increased to cover a IWO month balance. o Beldnces from final bills that dre considered uncolleciible after 30 days are reported to a credit reporting bureuU (TR%%) immediately. o Since November 1996, incremental changes to improve • collections while minimizing service disruptions ware implemented and the results of this new initiative has been favorable. o Accounts receivables have decreased since the ctart of the fiscal )ear and collections from both TRW and Collection Express, Inc., has increased over last years rate e ! • O ~ I dum~k'neJ ~r pn Mfinmrnmiur:n•+Dn.rlnrY{g rr'J~1 1 7 I'. -7 r • • C:1D0C510RD41DSEBYIE.0RD ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING SERVICES FOR THE WATER/WASTEWATER ENGINEERING 1997 SMOKE TESTING PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a professional services agreement between the City of Denton and ADS Environmental Services, Inc. relating to Engineering services for the Water/Wastewater Engineering 1997 Smoke Testing Program respecting the PH and PJ Basins, under the terms and conditions contained in said professional services agreement, which is attached hereto and made a part hereof. SECTION 11, That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the professional services agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t - BY: y v~~ 8 c. - .WY ! i n PROFESSIONAL SERVICES AGPEEMENT FOR ENGINEERING SERVICES STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT is made and entered into as of the day of 1997, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 E. McKinney Street, Denton, Denton County, Texas 76201, (hereinafter referred to as "CITY") and ADS Environmental Services, Inc. a corporation, with its office in Dallas, Texas; hereinafter called the ("CONSULTANT"); acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follower ARTICLE I EMPLOYMENT OF CONSULTANT The CITY hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby egress to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: CITY OF DENTON WATER/WASTE14ATER ENGINEERING, 1997 SMOKE TESTING PROGRAM (PH & PJ SUS-BASINS) Hereinafter the "Project'. 1 ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following basic engineering Ci services in a professional manner: Smoke testing servicea for sub-basins PH & PJ as set forth in Attachment "A", attached hereto, and incorporated as if written word for word herein. ARTICLE III ® ADDITIONAL SERVICES ! tl Additional Services to to performed by the CONSULTANT, if J authorized by the CITY, which are not included in the above described basic services, are described as follows: f - - - z • • - i A. Special services as outlined in Attachment W. B. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the CITY. AUICCLE iv PERIOD OF SERVICE This Agreement shall become effective upon execution by the CITY and the CONSULTANT of this Agreement, and upon issuance of a notice to proceed by the CITY, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the CITY. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City manager or his designee. ARTICLE v COMPENSATION A. COMPENSATION TERMS: 1. 'Subcontract Expense' is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services. 2. 'Direct Non-Labor Expense' is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be 41 performed by the CONSULTANT herein, the CITY agrees to pay based on the Schedule of Charges at the rates shows in Attachments B, 8.1, B.2, B.3, and B.4, which are attached hereto and made a part of this Agreement as if written word for word herein, a total fee including reimbursement for direct non-labor expense, not to exceed $196,696.00. Partial payments to the CONSULTANT will be made on the basis of Y detailed monthly statements rendered to and approved Ly the p CITY through its City Manager or his designees; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The CITY may withhold the finAl St of the Profenlmat le, ices Agreement . Pegs 7 I D ..~,......~~.~..r. . WONAhl • contract amount until completion of the Project. Nothing contained in this Article shall require the CITY to pay for any work which is unsatiefactory as reasonably determined by the City Manager or his designee or which is not submitted in compliance with the terms of thiAto the greement. The CITY shall not be rewired to make any payments CONSULTANT is in default, under this Agreement. It is specifically understood and agreethat pursuant this shall not be authorized to undertake any agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not to exceed fee as stated without first having obtained written authorization from the CITY. The CONSULTANT shall not proceed to perform the services listed in Article III, Additional Services, without obtaining prior written authorization from the CITY. C. ADDITIONAL SERVICES For additional services authorized in writing by the CITY in Article III, the CONSULTANT shall be paid based on the Schedule of charges at an hourly rate shown in Attachment B.I. Payments for additional services shall be due and payable submission by the subsection S hereof. f.NSStatements shall notibeasubmmitted more frequently than monthly. D. PAYXKNT If the CITY fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the the CONSULTANT willibeuincreased by the thereof, of the one percent , (lt) per month from the said sixtieth (64th) day, and in addition, the CONSULTANT may, after giving seven (7) days' written notice to the CITY, suspend services under thi! Agreement until the CONSULTANT has been paid in full a l l , ll amounts due for services, expenses and charges provided late however, nothing herein shall require the CITY to pay the charge of one percent (W set forth herein if the CITY • reasonably determines that the work is unsatisfactory, accordance with this Article V, Compensation. r ` AyTiCLE VI ' OBSERVATION AND REVIEW OF THE WORK i The CONSULTANT will exercise reasonable care a adye diligence defect or • in discovering and promptly reporting to the CITY subcontractors or deficiencies in the work of the CONSULTANT or any + • • subconsultante. ? I ProfesskoW ser"tes Jgrem nt - Pete 7 ar.Y./YY~a.Yu • ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the CITY upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project and CITY'S use of these documents in other projects shall be at CITY'S sole risk and expense. In the event the CITY uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to CITY as an independent contractor, not &s an employee of the CITY. CONSULTANT shall not have or claim any right arising from employee status. ARTI~IY INDEMNITY AGREEMENT The CONSULeANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, Maim:, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the CITY, and including without limitation damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any persoq who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any vlaim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. O ARTICLE 2 i INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance, with an insurance company licensed to do business in the state of Texas by t ® the State Insurance Commission or any successor agency, that has a I O rating with Beat Rate Carriers of at least an "A-" or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not Prof-eelaul Services 4reevent • Page a ra • • less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liabilitv Insurance with bodily injury limits of not leas than $500,000 for each person and not legs than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies where possible, and shall contain a provision that such insurance shall not be canceled or modified without 30 days prior written notice to CITY and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the changs or cancellation, serve substitute policies furnishing the same coverage to CITY. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICIJ3 XII ~ TERMINATION OF AGREDONT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. • B. This Agreement may be terminated in whole or in part in the event of either party substaiitially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure Fj the failure, and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the ser- vices to be provided hereunder, CONSULTANT shall immediately Profeutcvl Ser ices Agreement - Page 5 13 E i e cease all services and shall render a final bill for services to the CITY within 30 days after the date of termination. The CITY shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to th9 date of termination in ac- cordance with Article IV, Compensation. Should the CITY sub- sequently contract with a new CONSULTW& for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or fu.nished by CONSULTANT pursuant to this Agreement to the CT-47 on or before the date of termination but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, !.to employees, associates, agents, subcontractors and aubconsultar.ts for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherrise specified herein. Mailed notices shall be deemed communicated as of three days mailing: To CONSULTANT: To CITY: I ADS Environmental Fervicer, Inc. City of Denton Attn: Gary Wood Attn: Gerald P. Cosgrove, P.E. 10715 Plano Rd., Suite 200 901-A Texas Street Dallas, Texas 75238-5332 Denton, Texas 76201 0 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing. ARTI LE ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and seven (7) 0 Attachments (Attachments A, B, B.1, B.2, B.3, 8.4 and C) consisting O O of twelve (12) pages constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contempo- .ous offers, promises, PrufC181=41 eewicee Ogteeae t Pop e t e representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEWRABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreoment to replace such stricken provision with a valid and enforceable provision which comes as clone as possible to expressing the intention of the stricken provision. N al" M.1 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended. ARTICI~, XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the City of denton, Texas. CONSULTANT shall promptly inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. S. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. i ARTICLR Xx ASSIGNABILITY ® 0 The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. Prufeerlanal Serdcea lgreenent - rage t 1 • ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unides in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties h,3reto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waf.ver or modification is in writing, duly executed; and, the parties further agree that the provisio,.9 of this section will not Le waived unless as herein sat forth. ARTICL8 XXII MISCELLANEOUS A. The following Attachments are attached to and made a part of this Agreements Attachment W Scope of work (Incl. Exhibit 1) Attachment 'B• Cost Schedule Attachment 8B.14 Schedule For Hourly Rates For Engineering Fees Attachment 4B.21 Project Administrative/Presentations - cost Breakdowns Attachment 8B.31 Source Defect Analysis - Cost Breakdowns Attachment 4B.4" Final Report-Coat Breakdowns .'attachment •CO Cityes Responsibilities B. CONSULTANT agrees that CITY shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give CONSULTANT reasonable advance notics of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of this work hereunder shall be Thomas Harris, P.E., Harold Richmond and Dan Ryan. However, nothing herein { shall limit CONSULTANT from using other qualified and competent 0 members of their firm to perform the services required herein. 9 a E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a Bound, economical, efficient manner, and, in accordance with the provisions Pee(neig, i services kreem nt Dye 6 • • hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried ei by the CITY. F. The CITY shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the project, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform services under this Agreement. 0. The CITY shall furnish, as required by the work, and not at the expenac of CONSULTANT, the items specifically set out in Attachment 'C•, •City'a Responsibilities', which is attached hereto, and it.,corporated as if written word for word herein. H. The captions of this Agreement are for informational purposes only and shall rot .in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEf.80F, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Managers and CONSULTANT has executed this Agreement through its duly authorized partners on this the day of 1997. 'CITY' CITY OF DENTON, TEXAS >i By: Gp~ Ted Benavides, City Manager ATTEST : JENNIFER WALTERS, CITY SECRETARY • By, •i a APPROVED AS 1'0 LEGAL FORM: HERBERT L. PROUTY, CITY ATPORW-JY BY., jj 4 - ~ C Vcot n,lon~l 6ervicu yneTent - p~y~ , v.. ......+r e+}~.M „ . - vY+wwrrwMrwMY..r,h Wi-..r. Y.. . _ • • 'CONSULTANT' ADS ENVIRONMENTAL SERVICES, INC. BY° Name: f(UK Title: ~orJrF[)kLP1ZbrIKHiSU ATTRST: i r - i Pra(uslaul 6erv:0ee 6grerum Page 10 18 IWO A • ADS EWIRQMWAL Fax'1-214-343-N43 Feb 6 '97 10'13 F.03 ATTACHMENT A SCOPE OF WORK CITY OF DEWON - M$INS PH AND PJ A. Mobilization and Project Administretion Upon roc«Dt Of a fl &v to Proceed. ADS ww ariredab %W WwrlfNt ntobi¢e Mte proud ar1J etAend a fatrtal prc>j«x Yk*oll eweltq with ifle CRY. TNe nw*V wB SWA4 ah ft &W of owenetlcetion end provide hpu! np n" - - I .,al Itrforrwom ostt Plm~ soft euwt project ow . PMn,- htiormdort to be obW1Nd mey lrrx de. but not be inNed to, nportt of ptovioue t>lu IM16 caiectkx+ syetam maps. end hltbricet Wriv utape and beotntort pert reoorda. Preomm tewrb *0 be mv*AW I* prwide a betbtr underetsn ft of Nabrbaf oor>ft Is In the w*m, P*d W4" HmebW A be aoho luied pertodk* dlnbg the oar" of the pn~jea Projec! btetot aarlpbNed b dNe a wd r proposed eofted>raaa for RAure tetbt 11• ~ dieataed. General addreaaed. 4r+"M and eo W&I for fubn watt WU *1 00 be The field"wit have weddy "ModroL A total of two preaartNora to Ctty SM W4 VIS PUB Of MY COWW Wi be phbrt by ADS. B. Above Ground Reoonnaiawroe WW Map L*dW Thb"W+B 04* beriWWW bees def>r b be UM & ft IftA mMcYon ttyeitnt wake a. Field me w0 "perbrm abort Oro" VWW hyNtfom of SMA t W4 aoceaa S%xk" h 111d area. Dfatattoaa bMwm nwtholw M be %W meeeured, *Nn poeeble, end eonMM b the mepa, TM rrtarttotea wM be lnaI & Whh the use of • > bUM WdfoC al t7pht or rsrlee M µse, The CRY Wi provide mn"%ble eabtwloe where rrg111rod. F The rvgmN date to be reoordad wiA inck,de, tM nol be &nW to: lerpth hoh~ manhdrs • ksom canm of each msIhA Identi mton of owwW or unlocated manholm • Identiheation of viable sources of extrnnoor 3 flow Notation of unusual mndr6ona that may require immediate attontion Confirmation of low di action f~ u a► Z&L&F"n i KM: i 4AKtPWJ DOC 1 F rbtvary 6,1007 it 1~ • • ADS EWIPDKNTAL Fayl-:1d-363-2M Feb 6 '97 10 :0 P.Oa fAR»re discrepancies we enoounWod bctween the field and WU&V M4*. the field Wt ine maps will be updated to nOoct the syelem geometry. MY litres ubarvW In the field, but not alarm on the map wo be hoed and Wesentsd on Uw fk W map drawkrgs. The naut of the abWO ground Ywpection wa be on updated i ww" of that portion of U1e eolection Wdem iapoctld, doalrrteniMtiort of observed defects aM blue ins mop update. C. Internal llanho)e Inspectlom Thle data wall wppy bac{rg&And base data to be use9 during Oro ooevown symwn W 43W. Ir"Mml ONOcpons of IDO% of a4 sarrtny SOW sbv*M. apprmdrm* NO, VA be conducted. PIPFCA11rw wtal be utilized to provide I* Wad TrrpoKm of em areas structures. In the O""t That beleWad k4pedlon is not pceebb, the boom stuchn will be erdeW AT3SCA oofOp d ovary be moms y, industry stndard OSKk MOSK Owad IDA an f~i safe gj7 = ~ poldea and pr actbea VA he O'~ a" and i in '*V "4mm rb, W 1A dmdrfs Iva of so mom *U*rsL in ft fivem Of eo preval, Vloldorla of these prooog*aw will ft*d ADS log fit wwr&q by are Crry aM prwale Mrmtrretim Olt* centred for any vk>Isloru UwrwTler. ' AI mar,hda carW~awrrb (Le., cover, ftart,e, een►e seal drYrs,ey, oofbel, waif, eta) wi be srsPeded arrd reoOfdsd On sfendard fiM 4ppecffor, Ronne. pipe diaarelur mususrnents w,j im raided 4 the MUM h*f*y rAartdard *0 ant's f (L4 L. nunasmari d 7.75 u# be noorded as a q. 1 he *MO#, masomemuMe, in tenlha of rant and gertefal Orleneeffan tut aal cogrmikrg plies wr be rooadsd. PI wbgraphio knapee W§ be apased of the gernfa! m movxWW of loch mntr is and, mlec led ftftft. Th" "Oft aoTa veal be meofded on computer forme for each rren&le inspected: ` danhoi• idoeft lion (moinkrom nunrbefs) • contraction =to&,$ and ewitons of coven rings, rags, aprons, att. • btanho le depth and opening size • Number and size of holes in manfrole Douai IdcMVmton Of+rrfiltratlon sources • Evidence of leaks and bcabon • , • Level of high water mark 11100 manhole • Type a.-d dope, of dvw3 • Special Pr"ms and coadleoas, such as innow, overflows, bypasses, manhak a krcaled in natural poncing arras, etc, • Size, trpa and depth of pipe • Evidence of root intrubl m, 0 O J cwusA.*cartrsAcnoErmnrrooc 2 tebruary8,1497 ~O d • • PDS E.WIPOKWAL Fart-214-343-:,'4S Peo b '9i O ,x P,GS • obvious n of pi connection at marbole {i.o., dropped joints, cracks or gem defects) Dishes (pare) nataAad e Adjustable metal grade rings Visual kupoefione wit be eonduoted on all inoankg and outgoing P*m of the 900M c<rudurw inspected. This kepecdw will rdeo ktdude prtvate *Kvics WW* that enter into tM aoo " obuckme. Phobogrephk lff g nA be kapdund of in segments from inside tho oaa',se structure, shmbV cracked pipe. uffset joky groeter aunt I- parody or * oonepeed Pipe; Of obstructions twit a roots, 60%, or grease. L *M will be reootded on standard field inspection k(rts. A mktft)um of 20 mkKAU we be afr1M in bmtb g *Udum in order for ft mom kmPaC11011e fo bs caxrsad br payment A Ast of 'ootsgmt bo*v or UtaooeeebM' aorxa tttnkturee MR he *ubniitled to Ow CITY. Oita ft CITY hu bcakd and prW40 aoow to a+eae tttructumo, ADS tvA oon>➢W ail neoeseory I I ; , & of no adOMW oat Prify to the corrpk6on of Raid 20 AISS. For abu*AW bo" and aoaee Provtdod O%v WrObIlOn of 6eid services, a ro noblftotio, charge wi be assessed. At now scow wtKtm beN*d wi be KVO&l W Ml W on taws maps arw o~++o tl,e err. Chxin4 ail Phsws of tlti* Project M>tfAo oorttrol Procedurea w1 be used es."Ji d for FKMC *WW. TMM0 &VPGon WJ be kept b a rkirkm tt. D. Smoke Tooft ThW pOf0ort of 7te floW btv0 A0#bort wA "Amen eed n l of dw ooloofion SyWam wttkh have stnxfurat defea* and 0"fience k4ow dWn Wo& of nfnkt ADS will oarducl smoke tvyuBtg in ROW" PH and PJ which consiSU of appradmm* 300.060 Ansar lase p!.). Testing wA be aooompfshed by a two Per*on crew u*kg a single 1,000 c*n Wower m d con, "*iq, thne-nick" nonlwdc erttako bomM..^ifrtoke teetirtp wit be Frtited to / not more then four Ana segments or 600 Anear feet, whichever is tae. W 166 except where asses 414k &G d'dlerenl Setup Procedures. ADS soarrh" field bets va bs ubTtad to record 0114 defect data. A nmrimurn of two (2) nteatrerrmft to Pamunerrt atotionary obje=t wig be recorded &A skvtdwd for each IA deft! on privale proporttr. For melnl'ine de%cb, measurements wM be made from the upstream • manhole to the defect Digital photvpraptra win be captured of each IA defect AN Smoke Problems will be quantified t; yivktg consWer*fbn to the surrounding area oontnbuti r9 to the problem, arid V iv sicv and density a smoke ormontered. ADO vA keep vio CITY k1formed during all smoke testing prnnndurec and will notdy the residents by dislnbu q door harryers between 24 and 72 Anon pries to commenting D~ DnMC YKJ/TPISPI DDa 7 Febnwy 6, f447 i i as 0 • r ADS EWIPOrr£NiAt Fax l-:IG-J43- SdS Feb b 10 ,21 the smoke tesbN actrvities in each area. Additionally. ADS wnB no* by fax, the bcal hre deparbnent and CITY staff each day prior to ownnwFoing the tests. AD=rTy will IOU* respond to all Wlephone aAs by buddN owners or OOM, me during Ib adlve phases Of unoke tasting. AO&VTY YA jointly document Itl fb4DW4jp meetings Mn'Ut property owners or oocupants who reported entrance of snake No chef property. Any missing deancut apS will be riVaoed during the emoke teetdng activity. C4csn-0ut Caps will be provided by the CITY prior to Initiating smoke testing activities. Location of missing and replaced clean-out caps will be documented on the field forma. E. Source Defect Analysis Each detect rdentibed during the W Nstirg will be quakkled by taking irl., d n an irU*y wee. Al deteob obecswd and reogdad %W work Owe of MPE ' is aol knroetory roint-Mr ee EVA aSM) saEMM dow WN n o rm ft prfontirad beead on 11s regal cat and the poO nW quwft of !A wwad. v y o be Al S 1 ph vernkned, aanrtWeFyand. and W + Vwhm a ft po %W rdpacion kdW* phase of ai tnfield acmies, ANify ranking, o0e11411c l pM raPmb V. an a nsowwended improyrsmer>t nroUade and ooo. The w yw t ~ a 4k$.- toea~rkng lYa: t • Rem,*V the tttW*Uds (aaWtM of "di detect Wsntill ed 2. Darofopitp an o*r*W coat b rehok* each defect I Corroaft 4te rrnagolde of the defect ve. vv poet of Mt6Nbdw A rehabliltstinn medal and estimated oast for repair for ash dokd wit be Wenlilie0. Fsch dalea wo rawft oew a potordial N O*n&W of Bto maprdh,de of fn defect or it wit be kfentleed n I structural detect which may not oontrbtrle M but will emu the wbg* of the system. The find rOW wail prtoridte to III related defects and ebucturW debcb In order to dovciop an aAative rehabbiletim plan. F. Engineering AnalyslslFinal Report Fo1&4(ng #w completion Of all field and enginccr4V scflvities, three (3) copies of a dnatt report Will be presentod. This roport win present a summary of all fiekl and office activities, results of an:.!yaes, and recommar)dabona. A priority rankb p of each defect r wid be presentod olon9 with die recommended method of idwbirdatlon and estinaatrxl rehabilitation cost. Each defect will be quantified and a tkm balance undertaken. AP supporting data including manhole inspection and sntvku tasting recobs wan be presented. Rehabilitation summery sheets deacnbing, by prbrtty, Um bcation and O I~ O O O, o~w oo.nucroerrrw~ oa a teorwry 6, 1 AM as 44 • ADS MICO+Ewk Fax+l-:14-343-:649 Feb 6 '97 10*22 P.07 deeOiptbn Of each a &Q" of rahebiigtion woAc A be referanoed boric to ttw troy dommuntalion. wrtttan mnwnenb will be i oorponbd to the Firm Report and Iwoaty (2o) oopies deiwrod. nm (3) COPI"of the *WMft appsrdicw wil dso be deivwW. Final report deWwrabies vA indcde: CoMeedon eydom i otuy tfpdnlad iey maps of the oaiactic>n aydam • CahAteterl! dei~ct prtortpr Irikii trftf q . Pmjod a MA onMttow+edwtiu, plan and ~elYrwfred aoat &Vp *'v Add domnenE ft Reaommand *m rand corxkmbm 9. AddNIPW apnw iwrvioee Rewnnlandaltm IN"dbpr"dc teaerb of Wr ooNefon eydem wi be prwfdod. TMee IW kt" T.V. rnpar fns Aow iaol Or dye bad, sh MIX ORrr where delew an baled al prNaM tai6rde, a deieot rtolMoaYon WW and e mV aPPrOrAby iM CRY wA be hrwnded b !w ro6idsnI nW"V MMm of tfra debbt and inhlc*V ftm 10 remedy to ANA. These Wi w! be nWed ONMad mai 1 mban mW M*WW- Oka cW o(" WW end mmp wM bt w% 1othe CITY and ar» Dopy nlairrod br AD6 Alec, No tstbre wtl be sent wMaut CRY authorlsatlort. M G. MAaIAPKOW"1ACrwc9}PNp4 DOp 6 February b, 1987 a3 • • ATTACHMENT I3 COST SCHEDULE CITY OF DENTON - BASINS PH AND PJ Unit MoDIIf~DOfl, f~fojOCr, AdMW*Ww,. LS. LS. dint' Tow 5,013 PAOenhtloir (AtMrhwt 82 BaOfo NWZW - Aao" (gourd P 4W., 310,000 Lf. $Q.Mf. 115,M kup"m yw T 100 OMM $554" 144,000 30,000 Lf. 26111 WON Salo D*dA. root 9.33 j 300.000 is L3. WARS FkW 6.4 L3. L3. 11!,161 Tall Dyo VAd r Fkoc>Mip 1320+~000A Clown i2lSbrrrlr i60lYOOh • I • O • ay Rr IN I III _.-.._.__...,.r._ a ,..i • S~ P06 ENVIRUIWrk Fax:1-:14-W-:948 Feb 6 '97 10:23 P.09 ATTACHMENT 8.1 SCHEDULE FOR HOURI..Y RATES FOR ENWNEERM FEES' CITY OF DENTON - BASINS PH AND PJ Em b ae Cab of Hw* Rob supenrtei onol WT, per hour sector PR+hntanai ' : our ProiW Meneper per ,ear wriicten 17 per hour ctertnr ~ 4 'The h" w hoary "M kiokws AWNY, wmtww mpi prom NOTE: 1. Other &14 el"K k 44V ouM* eeMoee, w! bo d u p at ' eduel eoet plus 1 Q%. ~ }~Y rMee w bega on a nK•pl~ of 1.13 tbMnAlt er .3l, %we" ov«t~ed at 275} • F&naalq S. 107 as 0 l"4 . _r • • ADS EWIRQ!£NTAL Fax+l-:14.348-?643 Feb 6 '97 10!:4 F. 10 ATIACHMENT 8.2 PROJECT ADAAINISTRATIOKMRESENTATIONS COST BREAKDOWNS I'M OF DENTON • MSINS PH AND PJ 1. SALARYCOSTS TE TOTAL FIOURB OTAL 1g 3Q 73 . d .a1 14 O7. N'W' "r** 4w bmW on m muieghr of S.12 (b&d .3a, opaalUlp owA"d d 2.78) M. 07M DUCT CIIAMM G1 flORY IUTAL o1w frlM N01~ 1.t olol 4 Told $4117-00 .17 s o *gLWc0emucroW "j DOC p FMn wy p,19p7 a~ e • n a`r ADS D4UIRO+Mk Fax 1-:14-343:'949 Feb 6 '97 10124 P,f1 f ATTACHMENT 5.3 SOURCE DEFECT ANALYSIS COST BREAKDOWNS CITY Of DENTON • BASINS PH AND PJ L SAIAWMSTS CORY FIOURIY RATE TOTAL TOTAL 0081 fl2.Ta ~ Tedr+larl 1 f f 11 T 134.11 p 85 i 7,1 1 / liaif~ Huey nIM U0 t~OMd Oft t muA~iMr d513 (pw at.l1, o~rfa OM1MIMrad f+I tT~ IL 07M DMT Cf1AR4 n AMRIaJP TOTAL ~7O0.OQ 1.1 090 00 1.1 .r , itJ4T~.0O iU, • r Februaryl,1>M7 1 i • rA i ADS EMIRWWAL Fax!1-214-343-?849 Feb 6 '97 10!:5 P.12 ATTACMUENT 9.4 FINAL REPORT COST MUKDOWNs C17Y OF DENTON - BASINS PH AND PJ L WARY MaT3 EMPLOYEECI4TE~i0RY HOt1RI.YKAIE 9 PeoA~Miryyi W-01 21 OG1.01 34 i2 J.M4 Tedlnfwl f7 20 1 iM ibi.f7 34 Ck*W i34 44 11, NoAr N04h ttlq Y4 b4MQ on rtr~lly of J. t3 (b4wNM11 st .3i, vmftw It 2.m P*WmkV IL OrM CM F CHA M E MMINP TWAL COST Ott X1305.00 f,I t IlMroeirnou~ 145000 ` 19 Sut~TnW . T lY.370.50 f14,tI~1L23 , s f G+WI FAwfA7q 7"jw 10 _ l PeGrwrr d, 1897 I 1 4 ' r .{IFItiAY4'~x9K.Y .FE, t "~..,a.a.. s CN, ADS E?NIRiNEN~~ Fax:1-:13-343-:834 Feb 6 '97 10:?5 P.13 ATTACHMENT C CITY'S RESPONSIBILITIES CITY OF DENTON • &ONS PH AND pj The CITY win fum6li, M required by the wort aM not at me ex Wft of ADS the blowup bens: 1. Al rapt, dlawktpa, rtlpw, moo*. sulfa, WMW lapcrhi end oMter dale 1ltal amen iMbla In dta ttea of M» CFTY end which may be tmW in ffie wa* kmhod wW r thfa conbaot, 7. Aom" b publo end p q* Mp&,I, >•1ter1 WA*W in Wfgm m* of Ota awvtoea b be r«tdwed by ADS, d A The OWAM of at Wont ant of to Wy rmdaq wM ho !r * and who ho lol wWo of. t*" OWMY W, WW I*" mane, w'wtawalrr pump u4 1um and WWWASIar fmatntertt all" b"dum d. NA ow to ^40 W44V room, a auA►*W qm" fa pubflc haarbgt &,AW praittSatw, P" Mali. w wnt.nd fkgac~lol„q „ne„t „quM,d ar weh howbo or 5. Any oMm,pd pp' ~wated ~g mte meld 4rpw+don wS be proriwd txbr to ON oonr ..Am of me w Inopecron & YYltfer needed riaarwrg Im" pdor b Ywrtwi T.V. hwowan (If raqukad.) 7. F kmP*cbm arJWA for dt Tq* g Mdwh * »aloved hM tl4 WkeSon "VW dmhg firW iawvioaa (M required.) . tl. Acs*W" In arty mmow 6" of car, inrpecoort eervroca (d required.) bilged in Vibes durk>0 r.W ~I i r O E ` i u+~wus+corrtructipEMpwl.noe tt F.enwya, till WHOM • • CITY COUNCIL REPORT Agenda Ne -Ai Dale_ n-ff DATE: May 19, 1997 TO: Mayor and Members of the City Council FROM Rick Svehla, Deputy City Manager SUBJECT: Truck Route Ordinance RECOMMENDATIONr Approve ordinance to remove the older incorrect designation on Prairie Street and to remove Truck Traffic from US 380 between IH 35 and Loop 288 by routing it to Loop 288, SUMMARY: The correct designation on Prairie Street is between Elm and Bell. Routing truck traffic to Loop 288 will relocate 15-20% of the traffic that is not compatible with the heavy retail uses along US 380. Benefits will include safety like elimination of the mixture of rock trucks with little compact cars slowing to turn in drivewayys and air quality issues of the trucks having to slow down as the many cars come in and out of driveways or are outside of the progression band for the traffic signals. BACKGROUND: This concept was first, approved by Traffic Safety in 1993. The City Council P reviewed it at a work session and asked that a sound wall be constructed for the Town North Addition and a traffic signal be installed at Kings Pow and Loop 288 to protect the school traffic for Hodge Elementary. The wall has been finished for some time and the signal was completed in April of 1997, so the issue was presented to Traffic Safety who approved it again in their May 1997 meeting. PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: All truck traffic, safety of citizens using US r Engineering and Transportation, TKDOT, and the Police Dept( and Dept of Fu c Safety). FISCAL IMPACT: , The Prairie Street issue has no fiscal impact and tLe US 380 truck rote change will involve TKDOT changing all the signs at their cost. • RESP L SUBM TED: Flick 4Sve a' Deputy City Manage. Prepared by: • • X13.-• J r Clar D rec cr o Engineering 4 Transportation AEE0083A 1 4 A ELK MEMO To: Rick Svchla, Deputy City Manager From: Jerry Clerk, P.EO Subject: Truck Route Ordinance Changes Date: May 19, 1997 There are two changes being presented for City Council approval. The first is a duplication and incorrect classification for Prairie Street. The correct section on the truck route is between Elm and Bell Avenue. The duplication will be removed. The second issue involves rerouting trucks from US 380 between 4i 35 and Loop 288. Reasoning for this involves safety issues like the many gravel and construction trucks that mix with compact cars. There are issues of trucks running traffic signals on red because Denton has 13 traffic signals in this stretch of road. Air quality issues will be improved as the trucks have to stop less for the cars coming in and out of drives and the traffic signals if they are out of the profression band. A normal percentage of trucks on a Highway is 4 to 5 percent. We have counted 15 to 20 percent at times on US 380 because of the route that trucks take between the Dallas Metro Area and US 287. This ordinance would allow local deliveries but that would require that the truck have the correct bill of lading showing the delivery address as per the existing truck route ordinance. t 1 • ~ O Z ~k JI • • ;.r I TSC Memo April 18, 1997 page 2 ITEM #2 TRUCK ROUTE ORDINANCE: The truck route ordinance reeds one small change to address a duplication issue. 1. The section of Prairie Street shown on Page 4 between Lorust Street and Bell Avenue is redundant with that added in Section III as Prairie Street. i 0 • • CTSSC MINUTES July 12, 1993 page 7 (t f I EH 06 MMOVAL OF TRUCK TRAFFIC FROM US 3891 Iwuchukwu presented tho request. He said a letter was sent to TxDOT requesting truck traffic be moved from Highway 380 (University) from Loop 288 to I.H. 35. They said the City has to submit a copy of its ordinance to that effect before they will consider such a request. All staff is asking is that they remove pass through truck traffic. That is truck traffic whose origin or deatination is no where in Denton. The ordinance would remove such traffic between Loop 288 and 135. Gore said she had a problem with that. This would be rerouting rock haulers onto the northern part of the loop. There are grade level crossings on there with no signage except ane where it says reduced speed to 45 mph. They won't reduce apeed to go through those intersections. Gravel haulers will not make an effort to even abids by the 55 mph speed linit. This may open things up for sooe real nasty accidents. There are at least 2 streets that cross at grade lavel. Aingrrow, has already had a major accident with just cars. The school hat already visited the commission. Iwuchukwu said one of the things to be considered is that for the paa: 5-6 yearn the state has been postponing the widening of Highway 380 to six lanes. It seems like every year they add another yaar to it. It looks like it could be a 30 year time frame. The level of congestion is approaching the level of service "F" during the peak times. Thin level is unacceptable. Also, the number of accidents O are increasing at intermediate intersections. one of the engineers at TxDOT said that they may not consider it until after the noise barriers are built around the Stuart area. Chadwick said that was around November 1993. Clark said there may be another issue. John Blaine, the District 18 engineer, stated he is not sure that it is good to take trucks off state highways. Even if CTSSC recommends it, it may not happen. U Clark said he witnessed an accident with a gravel truck at Highway 380 at the Shamrock on Dennison and Carroll. A Lire blew out on a truck. It went across lanes of traffic and ended up at the gas pump. AEE0028B i ti. Pm- VJ • • CTSSC MINUTES July 12, 1993 page 8 If it would have hit the gas pump, the whole station could have exploded. The same possibility exist at the west and of University except the apoed is 50 mph. They don't slow down much at Malone. Complaints have also been received at Nottingham where trucks go through the intersection on yallow. There are lots of speeding problems inside. Duncan asked by choice, do trucks use Loop 288 rather than go down University. Dotson said they do if they have to stop at every traffic light. Chadwick said the City received state monies so that the light synchronization would carry the traffic all the way through. We would be in violation if that was messed up. Chadwick said he understood what Gore was saying in that we would be transferring a problem to another location. Loop 788 may be patrolled much more by the state than the intercity. Dotson said one thing that the Police Department was implementing, in conjunction with the Engineering department, is weight scales. A lot of trucks are overloaded and can't slow down. Implementation of this program will detour a lot of traffic. STAFF RECOMMENDEDi Approval COMMISSION: Duncan made a motion to approve moving pass-through truck traffic off Highway 380 to Loop 288. Chadwick seconded the Ell motion and said this would direct staff to construct an ordinance that would ro to C..ty Council. Motion passed unanimously. r I s I T-A • TSC Minutes May S, 1997 page 2 ITEM 2 REVIEW AND CONSIDER CHANGES TO THE TRUCK ROUTE ORDINANCE: Clark said the primary focus of this item is to remove the duplicate section on Prairie Street. It was missed when the ordinance was amended where it says "the truck route runs from Bell to LucuAt", it should run all the way over from Bell to Elm Street. Ilia sample ordinance shows that part being removed. It is also lumped with Item 43 in the ordinance. STAFF RECOMMENDED: Approval COMMISSIONERS: Eawko made a motion to accept staff's recommendation. Hobdy seconded the notion. Motion passed unanimously. I i I f l • I I s o AFEOOSE3 / Y7 • r TSC Minutes May 5, 199" page 3 ITEM k3 REVIEW AND CONSIDER APPROVAL OF MOVING US 380 TRUCK. TRAFFIC OFF OF UNIVERSITY DRIVE TO LOOP 288 BETWEEN IH 35 (WEST) AND LOOP 288 EAST : Clark said the map in the Commissioner's packet show the truck route. The primary focus of this is a high percentage of truck traffic goes right through the middle of Denton. A normal percentage of t.rucks on a highway would be in the neighborhood of 4% to 5%. In soma cases, staff has co,!-'.ed up to 204 on Lusy days coming through Denton on Highway 380. There are some trucks using loop 289 already because it is easier for them. There .cad be no problem at the intersection of IH 35 and Highway 380. But, there may be some impact at the steep ramp at Loop 288 and Highway 380. That phase will have to be given a little more time or the traffic signal which will be taken from the west bound movement with the lack of capacity in stacking. That section of Highway 3s0 has been moved up about 3 years. The letting on that is supposed to he August or September of 1997, and includes the bridge. The Lxuck route won't be changed until TKDOT approves it, but they have to have an ordinance before it will be considered by them in Dallas and Austin. This item goes all the way back to July 12th, 1993. The TSC minutes showe it was recommended. It then went to a City Council work session of which staff has been unable to locate the minutes. They had two primary issues which they felt needed to be fixed. One was the sound wall around Juno, Pershing, etc and the second was the traffic signal at Kings Row. Both of those ire complete. Hill slid moving truck traffic coming from the east is relatively easy because traffic is determined to make that turn. What about from the west' Pow difficult do you think that will be coming from the east going west, you will difert the traffic to Loop 2887 Clark said it should be ok. From the west that turn north will be ok. If they were traveling through there, they would be going through that interse:tion anyway. It's a left turn and there is a left turn bay unless you get multiple semi's there to fill that up. The real question is going to oe coming dawn the steep ramp. Heading east on U.S. 380 bound from Loop 288 will have to be given ionre time. Half of the total signal phasing time now is for east bound movement of Highway 380. If more trucks are going this way, • it will have to have more time. That's the main area of concern. STAFF RECOMMENDED: Approval COMMISSIONERS: Ridens made a motion to recommend to City Council removing semi-truck traffic off University. Hill seconoad the motion. Motion passed unanimously. AEE008E3 7 • e 0 ~ ry r } z ~ I , , -SOUND WALL i 1 _ -pp • • E,.\M'DjCS\CRO\TNUCK.O f I ORDINANCE NO. _ i AN ORDINANCE OF THE CITY OF DENTONs TEXASs AMENDING PORTIONS OF SECTION 18-53 OF THE CODE OF ORDINANCES OF 'rHE CITif OF DENTON TO REMOVE FROM THE TRUCK ROUTE A PORTION OF U.S. HIGHWAY 380 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 35 TO ITS INTERSECTION WITH COOP 288; TO REMOVE FROM THE TRUCK ROUTE A PORTION OF PRAIRIE STREET FROM ITS INTERSECTION WITH LOCUST STREET (F.M. 2164) TO ITS INTERSECTION WITH BELL AVENUE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That section 18-53 of Chapter 18 of the Code of ordinances is amended to delete the following languages Prairie Street from Locust Street (F.M. 2164) to Bell Avenue. U.S. 380 (University Drive) from the east city limits line to the west city limits line. SECTION II. That section 18-53 of Chapter 18 of the Code of Ordinances is amended to include the following new provisions: U.S. 380 (University Drive) from the east city limits line to Loop 288. U.S. 38t. (University Drive) from the west city limits line to Interstate 35. t All other provisions of said section shall remain unchanged. 7 g_ECTION III. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which r are inconsistent or in conflict with the terms or provisions con- tained in this ordinance aro hereby repealed to the extent of any such conflict. • SECTION IV. That the provisions of this ordinance are separa- ble, and the invalidity of any phrase or part of this ordinance j, 0 ® { shall not affect the validity or effectiveness of the remainder of the ordinance. e • • SECTION That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 0, • i i ALT 0 • CITY COUNCIL REPORT Aparidz Np AQQno lie TO: Mayor and Members of the City Council Gate_ FROM: Rick Svehla, Deputy City Manager DATE: June 11, 1997 SUBJECT: Millwood/Oakmont Easement Modification Agreement BECgHMMATION i The Engineering i Transportation Department recommends approval. SS~AZLB~Sb6A0VND: In the Tall of 1991 the City of Denton executed an easement agreement with Yorkshire, Inc. and Oakmont Canadian Land Partners, LTD. The agreement specifically defined a 100' corridor for the Brazos electric transmission line that was acquired by the City of Denton in the Tall of 1981. Prior to this agreement, blanket easements existed granting the use for the purposes therein (assigned to the City of Denton at the time of purchase). In December of 1995, prior to a pending land sale of the subject area, it was discovered that an easement reference was mistakenly left out in Section I, Paragraph 2 of the current easement agreement. The easement agreement should have included a blanket easement granted by Sarah Fewell to Brazos River Transmission Electric Cooperative, inc. by easement deed recorded in Volume 391, Page 493 of the Dead Records of Denton County, Texas. PROG M5. DEPARTMENTS. OR OROVPS AFFECTED: Engineering i Transportation Department, Utility Department - Electric Division, eillwood/Oakmont II, LTD. FISCAL IMPACT: None. RESPECTFULLY SUBMITTED: 'A - - Rick Svehla Deputy City Manager Pr3aarod by: Paul Williamson i Technical Assistant, Right-of-Way Approved by: • O O J ry lark Dir or of Engineering i Transportation oor.pt..ye 1 • • 0Nn178 STATE 01 TEXAS KNOW ALL MEN BY THESE PAESENTBI COUNTY Or DENTON I. fPAtf3' Or EA5EKENT 1. THAT W3, YORKSHIRE, INC., acting by and through its duly authorized representative, Rarer. S. MacArthur, and OAJIMNT OJANADIAM LAND PARTNERS, LTD, Earen S. MacArthur, as Grantor, for the sum of TEN AND NO1100 DOLLARS (510.00), and other good and valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD and CONVEYED, and by those presents do GRANT, BARGAIN, BELL and CONVEY to the CITY Or DENTON, TEXAS, as Grantee, an easement for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing utility transmission and distribution lines through and across the following described property, to-wit! Soo attached Exhibit A. together with the ices right of ingress and ogress over and across such property, insofar as such right of ingress and *gross in necessary for the purposes liste4 above. 2. It is expressly understood that this easement is given as a designation of the location for the easements previously granted Brazos Electric Power Cooperative, Inc. in the following documents: 1. Easement granted by J.T. Mason at ux, recorded in Volume 301, Page $13, Denton County, Texas filed August 4, 1932--A.M. Serren Survey, Abet. 01191; 2. Easement granted by Arch Brown, at sex, recorded in Volume 111, Page 219, Denton County, Texas Mad October 20, 1952--F. Curbier Survey, Abet. f300; 3. Easement granted by Ethel Fuson at al, recorded in , Volume 211, Page 492, Denton County, Texas filed August 4, 1952--M.C. Garrison Survey, Abst. 1501; 4. Easement granted by M.D. Pockrus at ux, recorded in Volume 311, Page 111, Denton County, Texas !lied October 20, 1952--N.C. Garrison survey, Abet. 11545; • 5. Easement granted by D.R. Brady at us, recorded in Volume Sal, Page 490, Csnton County, loxes filed August 4, 1952--N. Garrison Survey, AbBt. 01545; i~ • O 2a -go OgC) 1 • • n S. Easement granted by John Gaasway at ux, recorded in Volume 112, Page 199, Denton County, Texas filed Decesoer 11, 1916, M. Garrison Survey, Abet 015651 7. Easement granted by Joe Akers and vital betty Akers. recorded in Volume 722, Page 161, Denton County, TX film Decombor 11, 1936, 0. Volker Survey, Abet. 01220. and assigned to the City of Denton, Texas, by Brazos Electric Pow Coopmrativs, Inc. in a document dated October 22, 2967, at recorded at Vol 2736, page 625, Real Property Recardr, Dentc County, Texas. 2. The above-described easements aesignod to the City c Denton are blanket easements and did not describe the area vhu the distribution and transmission lines are located. The preeer record owners of the land referred to above have requested time C11 release the area embraced within said blanket easement in favor c this designation of location as described in attached Pachibit J The City of Denton, Texas, acting by and through it duly authoriac representative, Lloyd V. Harrell, City Ranger, doer hereby roleem its claims to said properties other than the easement designate heroin and which is described in attached fxhibit A. II. CHARACrER OP EASEMENT 1. The easement granted herein is appurtenant to the doainal tenement. 2. Grantors retain, resirve, and shall continue to envoy ti use of the surface of such property for any and all purposes whit do not interfere with and prevent the use by Grantee of the can sent, including tho right to build and 6sa the surface of tl herein granted easement for drainage ditches and private streets roads, driveways, alleys, walks, gardens, lawns, planting r parking areas and other like uses and/or to dedicate all or u part of the surface of the property affected by this easement 1 any city for use as a public street, read or alley, III. DURATION OX E SEM M'r 1. The easement, rights, and privileges Herein granted she: be perpetual. Grantors hereby binds themselves, their successorm as signs and legal representatives, to warrant An4 forever detei the above described easement and right unto Grantee, its successor ' and assigns, against every person whomsoever lawfully. claiming c to olsim the same or any part hersof. s PAGE 2 I • i ~ 0 O 2b e n IV. EICLUSIVEIPSA OF Lae EVENT 1. The easement, rights, and privileges granted herein are - exclusive, and grantors covenant that they will not convey any other easement or conflicting rights within the area covered by thJs grant vithout written permission. 2. Grantee shall have the right to cut and trim trees or shrubbery which may encroach upon the easement area heroin conveyed, and Grantee shall dispose of all cuttings and triaings either by piling and burning within the easement area or by loading and hauling away from the premises. V. TLSSIJJ&ISSti 1. The easement, rights, and privileges granted hereunder shall terntaate when, or at such time, as the purpose hereof cases to exist, are abandoned by Grantee, or beooss impossible to perform. 2. should Grantee fail to parfora any covenant, undertaking, or obligation arising hereunder, all rights and privileges granted hereby shall terminats, and this agreement shall be of no further force or effect. VI. RMI AL.>= 1. Thin instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein aeaumed. Any oral representations or modifications con- cerning this inatrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be chcrgad. M. ATTORNEY'S PIES 1. In "o event of any controversy, claim, or dispute relating to this instrument or the broach thereof, the prevailing party shall bo entitled to recover from the losing party reasonable expenses, ettorneyel fees, and costs. • r PAGE 2 ' . 2c I ~ t...._...,..._..........-...w...s IUD!„ I I~i~ • • n VIII. 1. This Agreement shall bind sn4 inure to the benefit of the - reepectlve parties, their representativee, sueceasors, and assigns. Ix wiTNE69 WHEREOF, this Instrument Is executed this ,?'day of 19D-Y-. YORXBHIRE, INC. OAXMONT CANADIAN LAND PARTNLRB, LTD Ka 6y1 Karen Ma r ur We a i, CITY O1 ENTON, Xt By (A& a Licya v. arre No gar b STATE OF TEXAS COUNTY OT This instrument was acknowledged before " on the LL1~--~3ay of 19 ofy , ty Won 6. MacArthur,~sldent 0 of said corporation. MIN IYN.NI Po6ox wv {l~`T;~JJ nla. sweme Y PUbLIC IN AND Raer~ lere SHN R TIM Coamiasion upireal -3-1 STATE OF T WS COUNTY OF This instrument was acknowledged before me on the ~~"Odny of 19 IV , by Xaren 6. MacArthur, r~ saTdent of HNswpollnt, Inc. enera Partners of Oakmont Canadian Land Partners, Ltd. d artrlerehip. jum lYNB PoIT<R Mnxt lehery ~ w OerhY 1a4114!1 cbsiuion Expireel J•/9 Ll • PACE a • _ I~ 0 0 2d • e s n STAT= OF TLYAS COUNTY OF DENrON This ins ruaant vae •c. 40w1•dq•d before no on the day of 1I b2aAb 44 , by Lloyd V. Harrell, Cit -Nana y q•r o • city e onton, Taws, a auniolpal. corporation, on b•halt of said corporation. PVBLZCgg AND FOR TRUE p don Dp aIJLt4j 4~7 'PMRM 72 01ir It Denim a . II L M,Kien,yy i Drehti TR T6201 AM Peter N. wirklnno A I, %araocs\wolu\oAiu4crr.Iu aee: a ' 1 2e • • n xcn, w i ecaeu~u~otwrau s EXHIBIT "A" LEGAL DESCRIPTION OARINONT EGTATES PROPOSED 100' ELECTRICAL EASEMENT BEplo a 100' IVfp of Ind out of due W1LLU1M M. GARRISON SURVEY, Abstract No, 1615, the WILLIAM C. GARRISON SUPlW', Abatrest No. 508, the FMNANDO CUR8ltA $UR\'EY, Abwaa 000, and !ha A.N. SERREN SURVEY, , beVact No. 1198 In dy City of Corinth, Denton County, Texas and the contorfine bekp rtwa 0.RiculMy 6esnu0W as fo0nwa. fifty fort an Bch mkC: BEGWN9eo it a 518' iron rod sat with yrrtow plastic cap Nampod 'NELSON CORP" .Pwalltaher called 519' !ron rod es0 in the southwesterly right of way One of kwerrou KpNwW 38 Ee st kotn eArich • 112' iron rod Wund for the esetewy comer of the 7.9829 scre Resat deecrbed ee Tract SIX by M Non dead to Oakrgrw Partners I, Ltd., recorded N Volume 3427,"0662, Rest iroperty Rscotde of Denton County, Texts Men North 6012(Y006 'Nut. a drince of 60.03 Nob THENCE k»tk+8 1! a said southwesterly rlpM•of way Ilse, South 41045108' WM: pog*q a 615' kon rod sot In the aouthwesterty right-of-way rAs of East Pecan Creek Circle 160' ROW; In e8 a total dletuwe of 2061.39 foot to o 616' iron rod set for angle ocirnr THENCE South 58435'55' West passkq a 518' from rod set In the louthwestaM right-of•way Inc of Wall Pecan Creek Circle at 163.76 and a 516' iron rod eet in the comer of Church Drive at 1075.54 fist; in as a total distance of 1493.53 fort to a wooden power pore for an angle point THENCE South 33105'09' West,- psserg, a 518' Iron rod tst in 6n uatarh most mart Into of ft 441.7629 acre tract, descnbsd as Treat One M died to OYtmont Partners I, ltd, at 991.97 Net and a 518' iron rod sat u-. :ha eenMy molt seutht one of aald tract at 2030.00 feet N of a foul 19sunee of 2826.88 fort to a wooden power pole for en angle point THENCE the Nlowkq coursaa end datancu to wit: South 41018'14' West a daunts of 708::7 feet to a 6!8' iron rod sat to oomer, South 4 } 419'27' West, P41sirq a 5/0' Lon rod M @1615.42 feet in are a local dWrr nee of 1397.20 real to a 6t8' iron rod set In the mouth lime of the 441.7629 acre tract. from which a tons post for the moot" most southeest comer of ft 441.7826 men %MCI boars South 86428.58' East a entrance of 1100.78 feet. I :571 41 r",r A J! 'A • 2f 0 • Mod e~ Aeco~b ins ! A[TUAA 1R 21/ Lei pectin DDT ON T11T1r MID0[1,COUMT nay aen 4k McM'v, pence, TX 162 1201 AFT! Astor K 1f oUmoo.. On Oe1 H 1111 A! 3 2700 Doe~~ 7~-RNIft7i • Rpoev~el'~AiiilElAfYUiAaY ~ . r 2q • i wr.Axr.,i • • n ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON IN EXECUTING AN EASEMENT MODIFICATION AGREEMENT WITH HILLWOOD/OAKMONT II, LTD; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to act on behalf of the City of Denton in executing an easement modification agreement with Hillwood/Oakmont 11, LTD, a copy of which is attached hereto and made a pan hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM, HERBERT L, PROUTY, CITY ATTORNEY i BY: v a< c 3a • • , t ,r STATE OF TEXAS § COUNTY OF DENTON § 1 EASEMENT MODIFICATION AGREEMENT Preamble This Agreement is made on 8 PR1 L I~. 19fa at Denton, Denton County Texas, between HILLWOOD/OAKMONT 11, LTD., acting by and through its duly authorized representative, Fred Balda, as Grantor, and the CITY OF DENTON, TEXAS, as Grantee, as al agreed modification of an easement recorded in the records of Denton County, Texas as Document 94.110080178, granted by Yorkshire, Incorporated to the City of Dentcn, Texas (hereinafter, the" 1994 easement"). RECITALS 1 By another instrument, Grantor has been assigned the rights previously held by Yorkshire, Incorporated as to all real property burdened by the 1994 easement. 2. Grantor and Grantee desire to change the terms of the 1994 easement because the 1994 easement failed to recognize and properly dispose rights created by a particular blanket electric transmission easement recorded at Book 381, Page 493, of the records of Denton County, Texas (hereinafter, the 1952 easement"). 1 Brazos Electric Power Cooperative, Incorporated executed en agreement dated October 23, 1987, and recorded at volume 2736, Page 825 of the Real Property Records of Denton County, Texas, assigning to Grantee all easement rights afforded by a number of prior blanket electric transmission easements, including the 1952 easement. 4, Grantor and Grantee recognize that the 1994 easement was intended to limit as to location and further define the rights conveyed by the blanket easements referenced in the preceding recital, including the 1952 easement. 3. Grantor and Grantee further recognize that through oversight or error, the 1952 easement was not listed among those easements limited and further defined by the 1994 easement 6, Grantor and Grantee further recognise that one unintended result of the • aforementioned oversight or error was that the porticn of the 1952 easement not described by Exhibit A of the 1994 easement was not made subject to the release contained within paragraph 13 of the 1994 easement, T Grantor and Grantee intend by this modification to release all easement rights conveyed by the 1952 easement in favor of the designation of location described by Exhibit A of the 1994 easement, to the extent that Exhibit A of the 1994 easement a describes property subject to the 1952 easement 8. Grantor and Grantee further intend by this modification to reaffirm the easement • rights created and/or modified by the 1994 easement with regard to that portion of the property encumbered by the 1952 easement described by Exhibit A of the 1994 easement, Easement Modiricitoon Agreement between Fldt4ood/0akmoni 11, LTD Page 1 or 3 and the City of Denton, Taus 3b • • I 9. No other modifications to the 1994 easement are intended by this document, and all provisions of the 1994 easement not specifically modified herein are intended to remain intact, unless subsequently modified in writing by the parties to the 1994 easement, or their assignees, NOW, THEREFORE, in consideration often dollars and other good and valuable consideration, the parties hereto agree that the terms of the 1994 easement are hereby amended by fully incorporating by reference herein all portions of the 1994 easement, and inserting the following language as paragraph 12,8 thereto: 8. Easement granted by Mrs. Sarah Fewell, a widow, recorded in Volume 381, Page 493, Deed Records, Denton County, Denton County, Texas, filed August 4, 1952, F. Curbier Survey, Abstract Number 300. IN WITNESS WHEREOF, this instrument is executed this day of F-iL . 1997. HILLWOODlOAKMONT II, LTD. CITY OF DENTON, TEXAS B ) 9AL-- By: Fre Balda ice President Ted Benavides, City Manager Hi wo d velopment Corporation STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the I f~l day of I , 1997 by Fred Balda, Vice President of Hillwood • D velopment Corporation, on behalf of said corporation. r, i A k JANET A. STEELfi TARY PUBLIC IN AND FOR TEXAS ~A r. ICOTAiY PUBLIC mmission Expires _ • 0 of TCK31 '9 rr P` C9rtin UP W?01 Easement Modification Agrecmcnl between Hiti"ooNOakmoni II, LTD Page 2 of 3 and the City of Denton. Tcxas 30 • • _ I f STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ day of 1997 by Ted Benavides, City Manager of the City of Denton, Texas, a municipal corporation, on behalf of said corporation. NOTARY PUBLIC IN AND FOR TEXAS Commission Expires f e Easement Modification Agreement betwecn Hi[Nood/Oakmont 11, LTD Page 3 of 3 and the city of Dcnion, Texas 3d • - • r , 0 CITY COUNCIL REPORT Agenda N9. _,hI Agenda 11 7,227-92- Date TO; Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager DATE: May 16, 1997 SUBJECT: Property Acquisition - Phoenix Park - Ebron RECOMMENDATION: Approve ordinance SUMMARY: The Parks and Recreation Department wish to acquire these two lots to provide for additional park access to the Phoenix Park. Currently, access is li-,,ited to tha existing street "dead ends" of Wood and Crawford streets. This acquisition plus the adjoining 3 lots acquisition will add 250' to the frontage along East Sycamore street. BACKGROUND-;, The lots in question have been vacant for a number of years. The past property owners failed to maintain or pay the property taxes (see attached Schedule C of title commitment) which has accumulated several hundred dollars of mowing liens and interest. The lots are located within the Pecan Creek flood plain (Zone AE). Several feet of fill would be required to bring the surface to a grade acceptable to rebuild a structure. This fill requirement would add to the cost of the foundation resulting in decreased value of the lots. The amount illustrated in the attached contract reflects the fair market price with the past mentioned taken into consideration. PROGRAMS. DEPARTMENTS. OR CROUPS AFFECTED: Parks and Recreation Department and general public FISCAL IMPACT $10,000 plus closing cost and perpetual maintenance by Parks and Recreation Department RE -£CT iLY SUBM TT£D: is ve a Deputy City Manager Prepared by: Roger Wilkinson I . f h Approved by: Jer y lack, P.E. Dir or of Yngineering 6 Transp v AEE0083A 'r e e M1tINUI ~ ~ F T TCr'G Ai'ND ZONLN ~G COM1lA1ISS10N ' PLANN April 23, 1997 Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, April 23, 1997, and began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney. Present: Mike Cochran, Carol Ann Gamer, Guy Jones, Rudy Moreno, Bob Powell, Ellen Schertz, and Barbara Russell. Present from Staff: Rick Svehla, Deputy City Manager; Mike Bucek, Assistant City Attorney; Walter Reeves, Urban Planner; Donna Bateman, Senior Planning Technician; Robbie Baughman, Assistant Building Official; David Salmon, Engineering Administrator; Chris Rodriguez, Secretary. Meeting called to order at 5:02 p.m. Commission went into closed session at 5:03 p.m. NOTE: Any item listed on the Agenda for the Closed Meeting may also be considered as part of the Agenda for the Regular Meeting. Closed Meeting: A. Real Estate - Under TEX. GOVT CODE Section 551.072. 1. Discuss acquisition of vacant lots in Soloman Hill Addition for Phoenix Park Expansion by the Parks and Recreation department. Reconvene into regular meeting at 5:27 p.m. 1. Consider making a recommendation to the City Council concerning the acquisition of vacant lots in Soloman Hill Addition for Phoenix Park expansion by the Parks and Recreation department. Mr. Bob Tichner. You have been briefed that we are in the process of trying to acquire some lots in the Soloman Addition which is in the area of the Phoenix Apartments. We have been in contact with the property owners and we feel that we are moving forward in that process. We would like e your recommendation to proceed on with this process. Mr. Powell: What Vind of park will this be? f Mr. Tichner: This is a neighborhood park. Currently in the Phoenix Apartment area we have a park that is about nine acres in size that runs along Pecan Creek. We are in the process of e renovating and rebuilding this facility. e Mr. Cochran: I move that we recommend approval to the City Council of this purchase for the neighborhood park adjacent to the Phoenix Apartments on Sycamore Street. Ms. Gamer: Second. Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) • • n ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND MICHAEL TYRONE EBRON; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE. THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Manager is authorized to execute a contract between the City of Denton and Michael Tyrone Ebron, a copy of which is attached hereto and incorporated by reference herein. SECTION H. That the City Manger is authorized to execute any and all documents necessary to consummate the purchase of real property in accordance with said Contract. SECTION HL That the City Council hereby authorizes the expenditure of funds as provided in the Contract. SECTION LV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, !MAYOR ATTEST: • JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: • 0 HERBERT L. PROUTY, CITY ATTORNEY C 1 BY: 'i i • - r • a REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON TH1S CONTRACT OF SALE is made by and between Michael Tyrone Ebron (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for lots 1 and 3, Block 4, Solomon Hill Addition No. 3 an addition in Denton County, Texas according to the map or plat of record in volume 183, Page 84, Deed Records of Denton County, Texas the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter: referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration arl upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $10,000.00. 2. Payment of Purchase Price. The full amount of the purchase j price, minus any escrow, sti,all be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated. hereby are subject to the satisfaction of eac; of the following conditions any of which may be waived in whole oz in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a pre- liminary title report (the "Title Report") accompanied by copies of 0 all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. . • • s l In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; otherwise, this con- dition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are ao encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER • Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. • O O 2. Except for the prior act..ons of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. PAGE 2 /1 • • 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on o• within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before July 1, 1997, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assess- ments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 0 3. Any exceptions approved by Purchaser in writing. r B. Deliver tc, Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Dentex Title Company, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in 0 the full amount cf the purchase price, insuring Purchaser's • fee simple title to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: PAGE 3 e • I. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Seller; 2. The exception as to restrictive cove- rants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Qlosinq_Costs. Seller shall pay all taxes assessed by any tax jurisdiction through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this T.greement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. • BREACH BY SELLER In the event Seller shall fail to fully and timely perform any ` of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. • BREACH BY PURCHASER ® e In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. PAGE 4 e • MISCELLANEOUS 1. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties,_pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the clos'.ng and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provisior hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been 1 contained heriin. 7. Prior Agreements Superseded. This Agreement constitutes • the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words..of any gender used in this Agreement shall ® be held and construed to include any other gender, and words in the + • • J singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. PAGE 5 s I i . 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Seller within thirty (30) days after Seller executes this Agreement and delivers same to Purchaser, Seller shall have the right to terminate this Agreement upon written notice to Purchaser. DATED this day of 1997. SELLER PURCHASER THE CITY OF DENTON, TEXAS By: BY: Michael Tyr ne Ebron Ted Benavides City Manager 215 E. McKinney Denton, Texas 76201 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: s STATE OF TEXAS COUNTY OF DENTON Na ~ This i strument was acknowledged before me on this 2 - day of 1997 by Michaelrone Ebro _ ® ::rrxxlx~rrxx':~ s o ArEaN VLV[~ser+ ~ Notafd~ Public in and for Texas 0.01ar1 POb Ic. Sure C! TeMas 70t998 (qi.es 04 ~ Ir GoniTsrcn :Cf.'000G00OCOG~ PAGE 6 a4 _ 0 • • t STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 1997 by Ted Benavides City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for Texas O 0 ~ 0 i AEE00BB2 PAGE 7 i r' 0 • tgS/lY EAST ugsvERSN - ~ . C r c 6 ' ppILROAD ZONE x LIMIT OF DETAILED STUDY tcW / h j r s w l l L// s a n I --ZONE X oP~ r O 1rflr] .+Y.Y r. 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Aa!Ica AoS of uasdaoxa sN; PPe of 6 m>dua0 s41 mope Due uiol L*q>adsy to iQvW a udS isruw raA 'uoloWSU, UMO jr10A ;yew 01 IUBM W COMMITMENT FOR TITLE INSURANCE SCHEDULE A !I EFFECTIVE DATEt December 09, 1996 GF NO-1 96-19875 COMMITMENT NO.: , issued December 20, 1996 at 8:00 A. K (If applicable) 1. POLICY OR POLICIES TO BE ISSUED: (a.) OWNERS POLICY OF TITLE INSURANCE (Form T-0 (Not applicable for improved one-to-four family residential real estate) Policy Amounts Proposed Insureds (b.) OWNERS POLICY OF TITLE INSURANCE - ONE-TO-POUR FAMILY RESIDENCES (Form T-1R) Policy Amount: TO BE DETERMINED Proposed Itsuredr CITY OF DENTON (c.) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) Policy Amounts Proposed Insured: Proposed Borrowers (d.) MORTGAGEE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amounts Proposed Insured: Proposed Borrower: (e.) OTHER Policy Amounts Proposed Insured: 2. The interest in the land covered by this Commitment iss Fee Simple 3. Record title to the land on the Effective Data appears to be vested in: MICHAEL TYRONE ESRON (AS TO LOTS 1 AND 3) _ CAMILLA JAFKEY (AS TO LOTS S AND"7) -ELIZABETH DUNBAR and TRIGG DUNBAR (AS TO LOT 9) 4. Legal description of the lands • Lots 1, 3, 5, 7 AND 9, Block 4, SOLOMON HILL ADDITION NO. 3, an addition in Denton ` County, Texas, according to the map or plat of record in Volume 183, Page 84, Dud Records of Denton County, Texas. Deatex Title Company By , --authorized Countersignature FORM: Commitment-Schadule A Effective January, 1 1993 • • r~ COMMITMENT FOR TITLE INSURANCE SCHEDULE C 0. F. No.: 96-I987S Your Policy will not cover lose, costs, Attorney'■ fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the policy., unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interesr, vast be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments. and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic'., laborer's or materialmen'a lien have attached to the property, there is legal right of access to and from the land, (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or othermatter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Upon receipt of a survey acceptable to Company and upon payment of all the expenses in connection with the survey and the applicable premium, if any, Item 2 of Schedule B will be deleted except for "shortages in area," subject to any, additional exceptions revealed by the survey. 6. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any Mortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan will be amended to read as follows: "Standby fees, taxes and assessments by any taxing authority for the year 1997 and subsequent years." 7. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any Kf rtgsgee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan will be amended to include the following language: "Company insures that standby fees, taxea and assessments by any taxing authority for the year 1997 are not yet due and payable." 8. Note to all buyers, selleri'o borrowers, lenders and all parties having an interest in the transaction covered by this commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds pursuant to this transactions The State Board of Insurance bas adopted Article 9.39A disbursement from trust fund accounts and Procedural Rule P-27 which requires that sufficient "good funds" be • • received and deposited to the trust fund account before disbursment. 'Good funds" is defined in part & as 1. cash or wire transfersi 2. certified chacks, cashier's checks and teller's checks{ 3. uncertified funds in amounts loss than $150o.oo, including personal checks, travelers checks, money orders, and negotiable orders of FORM Commitment-Schedule C Effective January 1, 1993 • • r. r. CONTINUATION OF SCHEDULE C C. P. No. S 96-19815 withdrawals provided multiple items shall not be used to avoid the $1500.00 limitation; and 4. uncertified funds in amounts of $1500.00 or more, drafts and any f other items when collected by the financial inatitution. 9. Notice from t ity--oE_,Denton to Camilla--Jafney -in-the-amount of $394.00, filed September 12~ L964-~a=V0~-54b,_Page 236, Deeo Aecords of Denton County, T i 7) REQUIREMENT: Release as far as subject property is ccncerned~~------_ 10. Notice of lien from the City of Denton to Jerry A. Garrett in the amount of $405.00 plus interest, filed August 18, 1986 in Volume 1959, Page 180, Real Property Records of Denton County, Texas. (AS TO LOT 3) REQUIREMENT: Release 11. Notice of lien from the City of Denton to Phyllis Jafney Bailey in the amount of $335.00 plus interest, filed Auguae~l8;-i!4 n_ o ume ~39~ page 9 , al Property Records of f-Qoa , Texas. (AS TO LOTS S i 7) REQUI NTs Release 12. Notice of rom the City of Denton to amilla_Jafney in the amount of $130.00 plus lntereat, ed-~S , 1986 in Volume 1981, Page 433, Real Property Records of Da nty, Texas.-(-A1'fQ-L1DT" i 7) AEQUIREMEN 1 se - 13. Notice of lien fro City of Dentcnmilla Jafnoy in the amount of $150.00 plus interest, file !n Volume 2123, Page 952, Real Property Records of Denton County, ; Tp p 7) REQUIREMENTS Raleyso~ 14. Notice of Lien fr, he City oEDye~~to Camilla Jafney In the amount of $280.00 plus interest;,,r: y 1989 in Volume 2569, Page 645, Real Property Records of Denton~u Texas. (AS TO Ski 7) REQiJIREMENTi Release 15. Notice of Lien from the City of Denton to Camilla Jafney in the amount of $140.00 plus interest, filed-?a S 1990 in Volume 3798, Page 64, Real Property Records of Denton County, Taua. REQUIREMENT: Release ` 16. Notice of Lien frcm`-the.- !t of tvn--eo Camilla Jafney in the amount of $125.00 plus interest, file t 30, 1991 in Volume 3069, Page 49, Real Property Records of Do.=on -count y, Texas. (AS TS 5 L 7) REQUIREMENTS Release • 17. Notice of Lien from the City of Denton to Jerry A. Garrett in the amount of $105.00 plus interest, filed October 2, 1995 under Clerk's File No. 95-R0061852, Real Property Records of Denton County, Texas. (AS TO LOT 3) REQUIREMENTS Release 18. Notice of Lion from the City of Denton to Jerry A. Garrett in the amount of • • ® $105.00 plus interest, filed October 2, 1995 under Clark's File No. 95-R0061859, Real Property Records of Denton Couni:v, Texas. (AS TO LOT 1) FORMS Commitment-Schadule c Effective January 1, 1993 • 0 • CONTINUATION OF SCHEDULE C G. F. No. s 96-19875 REQUIREMENT: Release 19. Notice of Lien from the City of Denton to Camilla Jafney in the amount of $105.00 plus interest, filed October 2, 1995 under Clark's File go. 95-ROO61860, Real Property Records of Denton County, Texas. (AS TO LOTS 5 i 1) REQUIREVENTi Releasa 20. Notice of demolition from the City of Denton filed April 24, 1978 in Volume 886, Page 378, Deed Records of Denton County, Texas. (AS TO LOT 9) REQUIREMENT: Release 21. In Cause No. 82-S95-C, 211th Judicial District Court of Denton County, Taxss, styled "DENTON COUNTY vs. JERRY GARRETT". (AS TO LOT 1) REQUIRE: Payment of any outstanding costs 22. In Cause No. 86-2925-C, 211th Judicial District Court of Denton County, Texas, styled "DENTON COUNTY vs. ELIZABETH DUNBAR-. (AS TO LOT 9) REQUIRE: Payment of any outstanding coats 23. In Cause No. 88-3158-B, 211.th Judicial District Court of Denton County, Texas, styled "CITY OF DENTON vs. CAbIILLA JAFNEY", Tax Lien in the amount of $751.78 is requested in Plantiffs' original petition. (AS TO LOTS 5 4 7) REQUIREs PAYMENT AND DISMISSAL OF SUIT AT LEAST AS FAR AS SUBJECT PROPERTY IS CONCERNED. - I FORM4 Commitment-Schedule C Effective January 1, 1993 • • n DENTON COUNTY DENTEX, TAX IWEO 12/10/96 09t57 AM CUST 0X5 OF# 96-1907S BRANCH CLOSER PAGE 1 OF 7 EXPERIAN TAX SYSTEM TAX ORDER REQUEST k****A****AA*k**********A**A*******A#:4*************k**4********k**}***}~}*****} 001 SOS COS CAD# R-29402 DXS/TAX DESC SOLOMON HILL 3, BLOCK 4, LOT 1, 71/272///CISCO AB 1104 ABST/SUB IO SOO 290A SITUS 1128 E SYCAMORE C05 MAIL- 605 SMITH ST DENTON TX 76205 ASSESSED OWNER(S) 1996 ASSESSED VALUES EBRON MICHAEL T LAND 11838 IMPROVEMENT 0 TOTAL VALUE 1,830 ASSESSED AS LAND ONLY TAX ENTITY INFORMATION DENTON tOttNrv PAYMENTS AS OF 12/10/96 0, BOX 1249 OENTON, TX 76202 96 TAX RATE 0,2669000 PHONE 972-434-2979 W/0 EXEMPT 4,91 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01197 96 4,91 4.91 4.91 4.91 95 5,12 5.12 7,25 7,30 ERROR **A FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA - SUBTOTAL 10,03 10.03 12,16 12,21 :ITY OF DENTON PAYMENTS AS OF 12/11.'96 _ .KINNEY DE'NTON, TX 76202 96 TAX RATE 0,52840~J PHONE 817-566-8310 W/O EXEMPT 9,71 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DOE 01197 96 9,71 9,71 9,71 9,71 95 9,94 9,94 14.06 14.10 ERROR FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SURTOTAL 19.65 19.65 23.77 23.89 lSlL- DENTON PAYMENTS AS OF 12/10/96 :OLLECTED BY COUNTY 96 TAX RATE 1.6607000 PHONE 972-434--2979 W/0 EXEMPT 30.52 EXEMPTIONS NONE YR BASE TAX ---BASE DUE DUE 12/96 DUE 01/97 • 0 O 96 - 30.--52 - - 30-.--52 - 30.--52 - 30 . '.Sc • f. DENTON COUNTY CENTEX, TAX IWEO 12/18/96 09t57 AM CUST 0X5 OF* 96-1907S BRANCH CLOSER PAGE 2 OF 7 EXPERIAN TAX SYSTEM TAX ORDER REQUEST 95 28.52 28.52 40.34 40.66 ERROR FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL 59.04 59.04 70.86 71.18 001 SOS COS CAD* R-29487 DX5/FAX DESC SOLOMON HILL 3, BLJCN. 4 LOT 3 70/272///CISCO AS 1184 ABST/SUB ID SOO 290A SITUS f-126 SYCAMORE C05 MAIL 605 SMITH ST DENTON TX 76205 ASSESSED OWNER(S) 1996 ASSESSED VALUES EBRON MICHAEL T LAND 1,838 IMPROVEMENT 0 TOTAL VALUE 1,83B ASSESSED AS LAND ONLY TAX ENTITY INFORMATION DENTON COUNTY PAYMENTS AS OF 12/10/76 P, 0. BOX 1249 DENTON, TX 76202 96 TAX RATE 0,2669000 PHONE 972-434-2979 W/O EXEMPT 4,91 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01197 96 4.91 4.91 4.91 4.91 95 5.12 5.12 7.25 7.30 ERROR FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL 10.03 10.03 12.16 12.21 :ITY OAF ENTO PAYMENTS AS OF 12/10/96 'T5E MCKINNEY DENTON, TX 76202 96 TAX RATE 0.5284000 PHONE 817-566-8318 W/O EXEMPT 9.71 ?XEMPT'IONS NONE YR BAaE TAX BASE DUE DUE 12/96 DUE 01197 96 9.71 9.71 9.71 9.71 • 95 9.94 9.94 14.06 14.10 ERROR FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL 19.65 19.65 23.77 23.89 . J • 9ENTON COUNTY CENTEX, TAX IWEO 12/18/96 09157 AM :UST DX5 DF# 96-1907S BRANCH CLOSER PAGE 3 OF 7 3XPERIAN 'TAX SYSTrM TAX ORDER REQUEST LSD - DENTON PAYMENTS AS OF 12/10/96 1 LLE1CTEO BY COUNTY 96 TAX RATE 1.6607000 PHONE 972-434-2979 W/0 EXEMPT 30,52 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01197 96 30.52 30.52 30.52 30.52 95 28.52 20.52 40.34 40.66 ERROR&*** FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA *A* SUBTOTAL 59,04 59.•04 70.86 71,18 k**AA*Ak**A*+~'A***AAA*#***A*AAAAA***A*****AAA***A********A*****AAA*****A*AA*AA*A 801 S05 COS X OESC SO MON HILL 3, BLOCK 4, LOT 5,7, 68,69/272///CISCO AS 1104 AI D S 290A .ADO R-29 92 /VALUES SITUS 1122 SYCAMORE C05 MAIL 1122 E CAMORE ST DENTON TX 76205-6259 ASSESSED OWNER( 1996 ASSESSJAFNEY CAMIL LANO 5 IMPROVEMENT 9,070 TOTAL VALUE / 20,095 TA N'fITY INFORMATION i OENTON COUNTY PAYMENTS AS OF 12/10/96 P. 0. BOX 1249 DENTON, TX 76202 96 TAX RATE 0.2669000 PRUNE 972-434-:979 W/¢ EXEMPT 53.63 EXEMPTIONS NONE YR BASE TAX SE DUE 'DUE 12/96 CUE 01197 L---------- 96 53,63 5 .63/ 53.63 53.63 95 54.11 54. 76,54 77.17 94 59,35 59 92.14 92.83 93 57.12 5 .12 96.57 97.22 92 55.79 5.79 102.02 102.65 91 53.33 53.33 104.87 105.49 A 90 49,63 49.63 04.44 105,02 89 45.73 45.73 1 .55 103.07 Be 42,86 42.86 102. 3 102,52 07 42.33 42,33 106.6 107.10 3 86 22, 22.65 60.17 \44.29 85 14 47 14.47 40.43 1 84 .35 14.35 42.08 5 t i 93 14,37 14.37 44.13 v • • n MBAR wit Ejj 4vw~11 ©D It toy/ x:TNERS lay ~ e- PAM r d LPAiSSLEEY © n. Oh`LL J ~Mt Q 1 / K ADD 10 I D a ® D~ a~ 0 DD o oAK _ ©D C- rr nn ~ c, Y. q6 L~ tCKOR + ❑dD a4 359:3 Wo n 11= ❑0 (BOW J lit D : P F Calla MGRS AnLL am LC \11 e a a~ n. J OMs. an Col. ornun ~ ~ ~ - - ALEGAE VISTA WA T Ax5 OR. • I E sma rc I~ • m MIL\ A:rMI W , amu T rP ~'Q • I! r an r~ ~ ~I I III , ~ M j Y E I d a (Sir 11 - - - - ■ 710N ~ Illt 1~1 ■ 14/ r s 1t~ M 41/, J------'-- w d r gas 62 1.1 EJ 1w ■ AWE VALVE fo/i11ENMMW AOPVW!1 M%Wr 0 AY■VM*9WTAr mOvr OANA■"NMUM DARYMWWARIMDlE • • r `AS+rr f✓sSt, . ~ UNSVEPSffY / . v N QAILAOpO ZONE o RAE IC LIMIT OF DETAILED STUDY I,V ' X i r \ 5.. 1 11 YI5 fY 111 -ZONE X Crn• ZONE X ZONE .x.:- bi F ZONE {Rp FILE --BASELINE . - ~ ' 32 --Z1ONE AE tt` „~ob\I {~'rrry_ ZONE X6 , Prot J }i. I I On r PEC IC { { b O ZONE O _ ZONE 'X O 0 PZCI s Ir[,,i k y9 ZONEX BELOWIE O 20N ~E AE r Z ~rD h~ rn.. 590 ZONE x • 5 Y' AOlyod Jf 0( 01 u0IQe0%e r41 APe 01 hu2pWp7 e41 .Nolle Put wx4 u090e05u1 10 Jeh sM a u6S MU not 'uolpD SIS umo Jt1011 eWuj 01 luem (145 a C0MTMENT FOR TITLE INSURANCE SCHEDULE A EFFECTIVE DATEt December 09, 1996 CF NO.t 96-19875 COMMITMENT NO.s , issued December 20, 1996 at 8:00 A.K (If applicable) 1. POLICY OR POLICIES TO BE ISSUED: (a.) OWNERS POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amounts Proposed Insureds (b.) OWNERS POLICY OF TITLE INSURANCE - ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R) Policy Amounts TO BE DETERMINED Proposed Insureds CITY OF DENTON (e.) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) Policy Amounts Proposed Insured: Proposed Borrower: (d.) MORTGAGEE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amounts Proposed Insured: Proposed Borrower: (e.) OTHER: Policy Amount: Proposed Insured: 2. The interest in the land covered by this Commitment iss Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: , MICHAEL TYRONE EBRON (AS TO LOTS 1 AND 3) _ C +REY (AS TO LOTS 5 - ELIZABETH DUNBAR and TRIGG DUNBAR (AS TO LOT 9) 4. Legal description of the lands • Lots 1, 3, 5, 7 AND 9, Block 4o SOLOMON HILL ADDITION NO. 3, an addition in Denton County, Texas, according to the m.p or plat of r" ord in Volume 183, Page 84, Deed Records of Denton County, Texas. 1 B O A J Dente= Title Company By `„;li: _ Authorized Countersignature FORM: Commitment-Schedule A Effective January, 1 1993 S • • COt11 7HENT FOR TITLE INSURANCE SCHEDULE C G. F. No- t 96-19875 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from he following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is is aued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided thati - no person occupying the land claims any interest in that land against the persona named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no maebanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or othermatter that may affect title to the land or interest insured, that arises or in filed after the effective date of this Committent. 5. Upon receipt of a survey acceptable to Company and upon payment of all the expenses in connection with the survey and the applicable premium, if any, Item 2 of Schedule B will be deleted except for "shortages in area," subject to any additional exceptions revealed by the survey. 6. Upon payment of the applicable premium, Paragraph 3 of schedule B of any Mortgages Title Policy or Mortgagee Title Policy Binder on Interim Construction loan will be amended to read as follows: "Standby fees, taxes and assessments by any taxing authority for the year 1997 and subsequent years." 7. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any Mortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan will be amended to include the following language: "Company insures that standby fees, taxes and assessments by any taxing authority for the year 1997 are not yet due and payable." 8. Note to all buyers, sellari, borrowers, lenders and all parties having an interest in the transaction covered by this commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds pursuant to this transaction: The State Board of Insurance has adopted Article 9.39A disbursement from trust fund accounts and Procedural Rule P-27 which requires that sufficient "good f:utds" be C ® received and deposited to the trust fund account before disburement. "Good funds" is defined in part ant 1. cash or wire transfersi 2. certified checks, cashier's checks and teller's checkal 3. uncertified funds in amounts less than $1500.00, including pereznal checks, travelers checks, money orders, and negotiable orders of FORM Commitment-Schedule C Effective January 1, 1993 I II • • n r. r CONTINUATION OF SCHEDULE C C. F. No. S 96-19875 withdrawals provided multiple items shall not be used to avoid the $1500.00 limitations and 4. uncertified funds in amounts of $1500.00 or more, drafts and any other items when collected by the financial institution 9. Notice from t e -City-o£-Dgnton to Cana ills-de€ney-in the amount of $394.00, filed September 12 _969-fa {rot m`T 591r~age 236, Dead Records of Denton County, e TSSi7) REQUIREMENTS Release as far as subject property is~concernsd.'~ 10. Notice of lien from the City of Denton to Jerry A. Garrett in the amount of $405.00 plus interest, filed August 18, 1986 in Volume 19590 Page 180, Real Property Records of Denton County, Texas. (AS TO LOT 3) REQUIREEMNTi Release 11. Notice of lion from the City of Denton to Phyllis Jafney Bailey in the amount of $335.00 plus interest, filed Auyut i8s-}9a ts_ o ume 959, Page 322 Real Property Records of Wren-CoanL , sus (AS TO LOTS 5 i 7) REQUI NT• Release 12. Notice o rom the City of Denton to gomilla-,Jafnay in the amount of $130.00 plus interest, -ftie , 1986 in Volume 1981, Page 433, Real Property Records of Do nty, Texaai'(AS`3Q-E i i 7) REQUIREMENTS 0- 13. Notice of lion fro City of Denton a la Jafney in the amount of $150.00 plus interest, file in Volume 2123, Page 952, Real Property Records of Denton County, -Ms TO i 7} RE QUI REMENTS 14. Notice of Lion fr the City of -to Camilla Jafney in the amount of $280.00 plus interest, y 1989 in Vol- 2569, Page 645, Real Property Records of Denton , Texas. (AS TO i 7) REQUIREMENTr Release 15. Notice of Lien from the City of Denton to Camille Jafney in the amount of $140.00 plus interest, filed 5 1990 in Vol 8, Page 64, Reel Property Records of Denton County, Taxes. REQUIREMENTS Release 16. Notice of Lien from ~ih it of ~o Camilla Jafney in the amount of $125.00 plus interest, file ten 30, 1991 in Volume 3069, Page 49, Real Property Records of Dente ouney, Taxes. (AS 5 i 7) S REQUIREMENTS Release 17. Notice of Lien from the City of Denton to Jerry A. Garrott in the amount of $105.00 plus interest, filed October 2, 1995 under Clerk's File No. 95-R0061852, Real Property Records of Denton County, Texas. (AS TO LOT 3) REQUIREMENTi Release 0 l8. Notice of Lien from the City of Denton to Jerry A. Garrott in the amount of 0 SD $105.00 plus interest, filed October 20 1995 under Clerk's File No. 95-R0061859, J Real Property Records of Denton County, Texas. (AS TO LOT 1) FOM Commitment-Schedule C Effective January 1, 1993 i1 n. CONTINUATION OF SCHEDULE C G. F. No. t 96-1987S REQUIREMENTt Release 19. Notice of Lien from the City of Denton to Camilla Jafney in the amount of $105.00 plus interest, filed Octoler 21 1995 under Clerk's File No. 95-10061860, Real Property Records of Denton County, Taxes. (AS TO LOTS 5 g 7) REQUIREMENTt Release 20. Notice of demolition from the City of Denton filed April 24, 1978 in Volume 886, Page 378, Deed Records of Denton County, Texas. (AS TO LOT 9) REQUIREMENT: Release 21. In Cause No. 82-595-C, 211th Judicial District Court of Denton County, Texas, styled "DENTON COUNTY vs. JERRY GARRETT". (AS TO LOT 1) REQUIRE= Payment of any outstanding costa 22. In Cause No. 84-2925-C, 211th Judicial District Court of Denton County, Texas, styled 'DENTON COUNTY vs. ELIZABETH DUNBAR". (AS TO LOT 9) REQUIRE: Payment of any outstanding costs 23. In Cauja No. 88-3158-B, 211'th Judicial District Court of Denton County, Texas, styled 'CITY OF DENTON vs. CAMIILLA JAFNEY", Tax Lien in the amount of $751.78 is requested in Plantiffs' original petition. (AS TO LOTS 5 4 7) REQUIRE: PAYMENT AND ! DISMISSAL OF SUIT AT LEAST AS PAR AS SUBJECT PROPERTY IS CONCERNED. s . FORME Commitment-Schedule C Effective January 10 1993 4~` • n DEN'IUN COUNTY DENT'EX TAX IWF_0 12/18/96 09157 AM OUST DXS OF; 96-19075 BRANCH CLOSER PAGE 1 OF 7 EXPERIAN TAX SYSTEM TAX ORDER REQUEST G01 SOS COS CA01 R-29482 DXS/TAX DESC SOLOMON HILL 3, BLOCK 41LOT 1, 71/272///CISCO AB 1184 ASST/SUB ID SDO 290A SITUS 1128 E SYCAMORE C05 MAIL 605 SMITH ST DENTON TX 76205 ASSESSED OWNER(S) 1996 ASSESSED VALUES 6BRON MICHAEL T LAND 1,838 ` IMPROVEMENT 0 ASSESSED AS LAND ONLY TOTAL VALUE 1,838 TAX ENTITY INFORMATION DENTON POINTY PAYMENTS AS OF 12/10/96 P, 0, BOX 1249 DENTON, TX 76202 96 TAX RATE 0,2669000 PHONE 972-434-2979 W/O EXEMPT 4,91 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01197 96 4,91 4,91 4,91 4,91 95 5,12 5,12 7.25 7,30 ERROR FO11ND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL 10,03 10.03 12,16 12.21 :ITY OF DEN'rDN PAYMENTS AS OF 12/10/96 , KINNEY DENTON, TX 76202 96 TAX RATE 0.5284000 PHONE 817-566-8318 W/O EXEMPT 9,71 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01197 96 9.71 9.71 9,71 9.71 95 9,94 9,94 14,06 14,18 ERROR FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL 19,65 19,65 23.77 23,89 LSD-- DENTON PAYMENTS AS OF 12/10/96 70LLECTED BY COUNTY 96 TAX RATE 1,6607000 PHONE 972-434-2979 W/O EXEMPT 30,52 XEMPTIDNS NONE YR BASE TAX BASE DUE .,UE 12/96 DUE 01/97 Q 96 30,52 I o 0 30.52 30,52 3G.W62 r , • r • n ..r DENTON COUNTY DENTEX, TAX IWEO 12/18/96 09157 AM CUST OXS OF* 96-19075 BRANCI4 CLOSER PAGE 2 OF 7 EXPERIAN TAX SYSTEM TAX ORDER REQUEST 95 28,52 20.52 40.34 40,66 ERROR FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL ------59.04 59-.-04 - - 70.86 7119, • 001 SOS COS CAD# R-29487 DX5/TAX OESC 290A SOLOMON HILL 3, BLOCK 4 LOT 3 70/272///CISCO A9 SIB4 ASST/SUB ID SDO SITUS IC126 SYCAMORE C05 MAIL 605 SMITH ST DENTON TY 76205 ASSESSED OWNER(S) 1996 ASSESSED VALUES EBRON MICHAEL T LAND 1,B3B IMPROVEMENT 0 TOTAL VALUE 1,830 ASSESSED AS LAND ONLY TAX ENTITY INFORMATION DENTON COUNTY PAYMENTS AS OF 12/10/96 P. 0, BOX 1249 DENTON, TX 76202 96 TAX RATE 0.2669000 PHONE 972-434-2979 W/0 EXEMPT 4.91 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01197 96 4.91 4,91 4,91 4,91 95 5.12 5.12 7.25 7.30 ERkOR *,k* FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOTAL 10.03 10,03 12.16 12.21 3ITY OF D PAYMENTS AS OF 12/10/96 TZ-ff MCKINNEY DENTUN, TX 76202 96 TAX RATE 0.5284000 PHONE 817-566-8318 W/0 EXEMPT 9.71 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12196 DUE 01/97 96 9.71 9.71 9.71 9.71 • 95 9.94 9.94 14.06 14.18 ERROR FOUND DELINQUENT BILL, E'UT NO MANUAL TAX SUIT DATA SUBTOTAL 19.65 19.65 23.77 23.89 ,i i; 0 • 7ENTON COUNTY DENTEX, TAX IWEO 12/18/96 09t57 AM :U57 0X5 OF# 96-1907S BRANCH CLOSER PAGE 3 OF 7 XPERIAN TAX SYSTEM TAX ORDER REQUEST ISD - DENTON PAYMENTS AS OF 12/10/96 J LLEC~TE Y- COUNTY 96 TAX RATE 1.6607000 PHONE 972-434-25'79 W/0 EXEMPT 30.52 EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 12/96 DUE 01/97 96 30.52 30.52 30.52 30.52 95 28.52 29.52 40.34 40.66 ERROR '**A FOUND DELINQUENT BILL, BUT NO MANUAL TAX SUIT DATA SUBTOi'AL 59.04 59',0h 70.86 71.10 4*k*kA,1*#,Fkk.4*kAA*A*k*kk**kk**kA*,F#***kA*AkA*kk**kk******k**A*kkAA***kkk*kAkAA* 001 S05 C05 CAD# R-29 92 OXS/T X DESC SO MON HILL 3, BLOCK 4, LOT 5,7, 68,69/272///CISCO AB 1184 ASST/SU I D S 290A SITUS 1122 SYCAMORE COS MAII_ 1122 E CAMORE ST DENTON TX 76205-6259 ASSESSED OWNER(S)` 1996 ASSESSED VALUES JAFNEY CAMI!^~~1 LAND 11,025 IMPROVEMENT 9,070 TOTAL VALUE 20,095 TA NTITY INFORMATION UENTON COUNTY PAYMEj1lS AS OF 12/10/96 P. 0. BOX 1249 DENTON, TX 76202 96 TAX RATE 0.2669000 PIIONE 972-434-2979 W/q'EXEMPT 53.63 EXEMPTIONS NONE: YR VASE TAX SE DUE /DUE 12/96 DUE 01/97 96 53.63 5 63/ 53.63 53,63 95 54.11 54. 76.54 77.17 94 59.35 59 92.14 92.83 93 57.12 5 .12 96.5'7 97.22 92 55.79 5.79 102.02 102.65 91 53.33 53.33 104.87 105.49 • 90 49.63 49.63 04.44 105.02 89 45.73 45.73 1 ,55 103.07 88 42.86 42.86 102. 3 102.52 87 42.33 42.33 106.6 107.10 86 22. 22,65 60.17 60.43 85 14 47 14.47 40.43 40.61 84 .35 14.35 42.08 42,25 • 83 14.37 14.37 44.13 44.29 , Q • i • r • Agenda No.~_/~ Agenda Item I _ Date CITY OF DENTON, TEXAS MUNICIPAL BUILDWC1 DENTON, TEXAS 76201 • TELEPHONE {817) 568.8307 Office of the City Manager MEMORANDUM i T0: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: June 17, 1997 SUBJECT: Ordinance Authorizing the Filing of an Application with the U.S. Department of Transportation, Federal Transit Administration for a Grant Under the Urbanized Area Formula Program. BACKGROUND Approval of this ordinance would authorize the City Manager to submit an application for Urbanized Area Program Funds to be used for public transportation in Denton. These funds are appropriated by Congress and allocated by the U.S. Department of Transportation, Federal Transit Administration. For the past 3 years, congressional appropriations for transportation funding have decreased across the board for all systems. At the beginning of FY 97 Denton was faced with a 43;; decrease in operations funding over prior year expenditures. However, we were successful in working with the NCTCOG and TxDOT to restore funding levels that enabled us to fully fund system operations for the year. Staff proposes to apply for $369,451, the full amount appropriated O by Congress, to be used for FY 98 system operations, planning and capital acquisition. As outlined in the federal register, only $121,250 of the total federal allocation can be used for system i operations. However, staff has been working with NCTCOG staff to I increase the operations funding to the FY 97 level and we are very J hopeful that our request will he granted. Because we do not know the actual federal and state funding levels for FY 98, the figures • in Table 1 are estimates based on prior year successes. O O I+~ Vdieared to Quality sen*e4 x,.11 • • r, Table 1 FY 1998 Proposed Budget TOTAL FEDERAL STATE LOCAL CAPITAL $ 86,814 $ 69,451 $ 11,286 $ 6,017 OPERATING $ 470,000 $ 235,000 $ 117,500 $ 117,500 PLANNING $ 81,250 65,000 S 10.563 S 5,688 TOTAL $ 638,064 S 369,451 $ 139,349 $ 129,265 Based on the proposed funding request, SPAN would continue to operate the four fixed-routes and demand response service in the city. Capital purchases would include equipment and supplies necessary for maintaining the fleet vehicles, route signage, and other capital equipment. Also included in the application are funds for the Ozone Alert Program. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: ADA eligible persons, public transportation riders, SPAN and city staff. FISCAL IMPACT: Based on the proposed funding levels illustrated in Table 1, the estimated local match for FY 98 equates to $ 129,598. However, should the funding levels not be approved as proposed, additional local funds may be needed. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: 'fed vides City Manager Prepared By: i • 1 ~`SL'"a.' Veronica S. Rolen Administrative Assistant II i Approved By: A n J Betty Williams Assistant to the City Manager moo _._.......,r • • ORDINANCE NO. _ AN ORDINANCE AUTHORIZING THE, FILING OF AN APPLICATION WI''-H THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION FOR A GRANT UNDER THE URBANIZED AREA FORMULA PROGRAM AUTAHORI2ED BY TITLE 49, U.S.C. SECTION 5307; 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, the City of Denton, including an obligation to provide the local share of the project costs in the program; and WHEREAS, the U.S. Department of Transportation requires, in accordance wit}. 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 other Department of Transportation requirements thereunder; and WHEREAS, it is the gorl of the applicant that minority business enterprises be utilized to the fullest extent possible in connection with this 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, consistent with applicable law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,SECTION I. That the city manager is authorized to execute and file an application on behalf of the City of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to the Urbanized Area Formula Program authorized by Title 49, U.S.C. Section 5307, as amended. SECTION II. That the City Manager is authorized to execute and file with such applications an assurance or any other documents required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964, or as required or necessary to acquire the financing of the projects indicated ® above. O • SECTION III. That the City Manager or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects and the budget. 3. A. • I i SECTION IV. That the City Manager is authorized to execute grant agreements and other necessary documents and assurances on behalf of the City of Denton, Texas with the U.S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget. ISECTION V. That this ordinance shall become effective immediately upon 17s passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APROVED AS TO LEGAL FORM: HERBERT L. 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NO SOCV1NY11r1Me MI tu+.08~710hMOCr1YMr0100.Or*•11rhY:rY+IMr.l urLtl Yt nLt COwt•wn n111n ICM01lIUU~rKI1Mf*I YtV1t0K[~I I~tYO[0 1 r1m NI^1 I. tab l10 11e1N•1/l •1 1 ire 1 Tolco 0 s %1 H' 0 1O'I rr1 a t.b l10 0O1Nm41,./ 1 01'1 k-M APPLICATION . 5. w., . • • Agenaa tio. Agenda Ite Date _!2' t CI TY OF DENTON, TEXAS MUNICIPAL BUILDING, 215E. McK1.'YN Y, DEMON, 7X 76201 {940) 349-8200 DFW MEUO (972) 4341319 MEMORANDUIK DATE: June 12, 1997 TO: Honorable Mayor and Members of the City Council` FROM: Kathy DuBose, Executive Director of Finance i' SUBJECT: ORDINANCE APPROVING DELINQUENT TAX COLLECTION FIRM i Attached please find a copy of an ordinance and contract to hire the law firm of Blair, Goggan, Sampson and i Meeks, and Mike Gregory, to collect the City's delinquent taxes. This contact has been reviewed and approved by the City's attorney and the Blair and Gregory firms. Upon approval of this contract, the City will turn over delinquent 1996 taxes on July 1, 1997, for collection. r , If you have any questions, please advise. 4 1F of AFF Anachment • f 4. , i y 'Drdrraled la Qialery Service' I • I:\MPOOCS\ORD\TM ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES] AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. SECTION I. That the Mayor, or in his absence, the Mayor Pro Tem, is authorized to execute a contract for the collection of delinquent property taxes, substantially in the form of the contract which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as provided in the contract are hereby authorized. SECTION III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORb7: HERBERT L. PR1OU-~TYY, CITY ATTORNEY BY: z . x . _ _ , e n r k 1 TABLE OF CONTENTS Section pace 1. EMPLOYMENT OF FIRM 1 II. PROVISION OF INFORMATION 2 III. INVESTIGATION AND ASSISTANCE 2 IV. PROCEDURES FOR COLLECTION 2 V. REVIEW AND AUTHORIZATION TO SUE 2 VI. LITIGATION RESPONSIBILITIES 2 VII. TAXPAYER SERVICES 3 Viii. PROGRESS REPORTS 3 IX. COMPENSATION 4 X. COLLECTION OF OTHER DELINQUENT ACCOUNTS 5 Xi. CONFLICTS OF INTEREST 5 XII. USE OF MUNICIPAL FACILITIES 5 XIII. TERM 5 XIV. ATTORNEY'S FEES 6 XV. TAX WARRANTS 6 XVI. SETTLEMENTS 6 XVII. NOTICE 6 XVIII. COLLECTION REQUIREMENTS 7 XIX. VENUE 7 XX. ACCEPTANCE OF EMPLOYMENT 7 XXI. DIRECTIVES 7 XXII. COVENANT NOT TO SUE 7 XXIII. AMBIGUITY 8 XXIV. ASSIGNMENT 8 XXV. INDEMNITY AGREEMENT 8 XXVI. INSURANCE 8 AXVII. EXHIBITS 9 XXVIII. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION 9 XXIX. ENTIRE AGREEMENT 9 XXX. COMPLIANCE WITH LAWS 9 XXXI. DISCRIMINATION PROHIBITED 9 XXXIi. PERSONNEL 9 XXXIII. ASSIGNABILITY 10 XXXIV. TERMINATION OF AGREEMENT 10 0 XXXV. MODIFICATION 10 XXXVI. INDEPENDENT CONTRACTOR 11 XXXVII. MISCELLANEOUS 11 XXX'lIII. TIME OF THE ESSENCE 12 XXXIX. CAPTIONS 12 f 3 tI A • • i CONTRACT FOR ME COLLECTIN OF DELINQUENT PROPERTY TAXES THE STATE OF TEXAS 5 5 COUNTY OF DENTON § THIS CONTRACT is made and entered into by and between the City of Denton, 215 E. McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its governing body, and Blair, Goggan, Sampson & Meeks, 326-G E. McKinney, Denton, Texas 76201 and the Law Office of Mike Gregory, 303 N. Carroll Boulevard, Suite 100, Denton, Texas 76201 ("FIRM"). 1. EMPLOYMENT OF FIRM CITY agrees to employ and does hereby employ FIRM, as an independent contractor, and FIRM hereby agrees to enforce by suit or ctherwise the collection of all delinquent taxes, penalty and interest owing to CITY. Current year taxes which become delinquent within the period of this Contract shall become subject to the terms of the Contract upon the following conditions and FIRM shall perform the following services: A. Taxes that become delinquent during the term of this Con- tract, that are not delinquent for any prior years, become subject to the terms of this Contract on July 1st of the year in which they become delinquent. B. Taxes that become delinquent during the term of this Con- tract on property that is delinquent for prior years shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. C. FIRM shall begin collecting current year personal property taxes on March let of the year in which they become delinquent. CITY shall not owe FIRM a fee on the current year delinquent per- sonal property taxes collected between March 1st and June 30th • unless attorney's fees are collected pursuant to Section 33.48 of the Texas Property Tax Code. r D. FIRM shall perform all those services set forth in CITY's Request for Propoeals ("RFP") dated April 15, 1997 and FIRM's response to the RFF dated May 13, 1997, which are attached hereto and made a part hereof respectively as Exhibits "A" and "B" as if • written word for word herein, as well as all other services set • 0 forth in the Contract. ..s E. if there is any conflict between the terms of this contract and conditions of the attached exhibits, this Contract will control over the terms and conditions of the attache. exhibits. r FIRM hereby agrees to perform the services herein with • • r, services in theoStateooflTexasdards customarily with the highest II. PROVISION OF INFORKATION CITY agrees to furnish all necessary delinquent tax informa- tion to FIRM on all property within the bound3ries of CITY. III. INVESTIGATION AND ASSISTANCE FIRM agrees to conduct investigations as to the address zof each taxpayer and the location of the property where such informa- tion may be incorrect on the delinquent tax official FIRM hall bring to the attention of the appropriate of CITY errors, double assessments, discrepancies, or inaccuracies in the information provided on the delinquent tax record detected by FIRM. FIRM further agrees to provide CITY with any advice or assistance ' i:: connection with updating the tax rolls. CITY shall make avail- able to FIRM information which CITY may artiee anwith iLegard d deecriptiooethe name, identity, location of necessary p property in connection with each delinquent tax account upon request by FIRM. IV. PROCEDURES FOR COLLECTION Upon initial receipt of the delinquent ::ax records by FIRM in computer readable form, FIRM agrees to initiate procedures for the full collection of the reasonable time frame butm of more e thfrom each an sixty (60) pdays fro Within, to s receipt of the delinquent tax records, FIRM hereby each and seedy by first class mail, a notice of delinquency delinquent taxpayer where the taxes have not been deferred nor involved in a lawsuit against the appraisal district to determine value, requesting said taxpayer to remit the full amount due and owing to CITY. V. REVIEW AND AUTHORIZATION TO SUS • Following transmittal of the notice of delinquency as specified hereinabove, FIRM will aggressive commence proced des i ion anticipa- tion of litigation for agges pursuit collect. CITY shall have absolute discretion over those accounts on which suit should be filed. The transmittal of the delinquent tax information to FIRM from CITY shall constitute authorization to file suit following the mailing of the initial notice of delinquency. Upon • written notice, CITY may at any time withdraw authorization to file suit. CITY may at any time withdraw authorization to foreclose and O • sell the property and said withdrawal shall be in writing. VI. LITIGATION RESPONSIBILITIES A. FIRM agrees to commence litigation, prosecute, and reduce to judgment all delinquent accounts including all pending lawsuits SPAGE 2 1 s • n I that FIRM deems to warrant or on which CITY has specifically requested action in writing. Each suit filed shall seek: personal judgment against the individual taxpayer(s) for all taxes for which the taxpayer can be held personally liable, penalty and interest; foreclosure of any tax lien which may exist by operation of law; and any and all court costs incurred in prosecuting the lawsuit, and any collection fees or attorney's fees which the taxpayer is obligated to pay. FIRM shall perform litigation responsibilities and protect CITY's legal remedies including appeals, preparation of any documents required, post-judgment activities, and any other actions necessary in order to collect the delinquent taxes. B. FIRM will assume the representation of CITY in all law- suits, including all pending lawsuits, involving the collection of delinquent taxes and enforcement of the tax lien including, but not limited to bankruptcy litigation, claims and actions required to be filed with federal agencies such as FDIC, FSLIC and RTC, interven- tions in suits filed on behalf of any other taxing unit's current suits, and any other suit or litigation which may involve or relate to the collection of delinquent taxes. FIRM will inform CITY of any counterclaims or cross-actions filed against CITY. C. Upon request, provide legal advice and assistance to CITY in the acquisition of property pursuant to the Property Code for public purpose use. VII. TAXPAYER SERVICES In addition to litigation, FIRM further agrees to provide tax- payer service without charge. As such, FIRM agrees (1) to provide CITY tax collector legal advice and written opinions regarding tax matters upon request; (2) to respond to taxpayer inquiries and to advise CITY, in writing, or, and make any recommendations con- cerning installment payment agreements and settlement agreements proposed by the taxpayer. CITY shall have final determination in acceptance of all installment payments or settlement agreements within parameters established by CITY. FIRM shall have discretion to enter into installment agreements subject to CITY's prerogative ! of final determination. In all demand letters and all communica- tions with taxpayers, FIRM shall inform and instruct the taxpayer to remit its payment to CITY. If remittance is received by FIRM, i it must be transmitted in its entirety to CITY and received for processing by 11:30 a.m. of the following business day. Checks made payable to FIRM shall be endorsed by FIRM to CITY. No check, cash or money order for payment of delinquent taxes shall be ! deposited in any FIRM account. A VIII. PROGRESS REPORTS FIRM agrees to make delinquent tax collection progress reports to CITY monthly and quarterly, in a format containing information as requested by CITY's Executive Director of Finance. Progress !f reports may include, without limitation: l~ PAGE 3 ! - • _.T 7 7 • • r i 1. First demand letters mailed; 2. Number and value of suits filed; 3. Number and value of suits dismissed a. due to collection, b. other - specify reason; 4. Number and value of judgments entered; 5. Number and value of bankruptcies filed; 6. Copies of judgments; 7. Copies of proof of claims filed in bankruptcy court; S. Copies of Foreclosure Sale Deeds; and 9. Number and value of delinquent accounts not col- lected as a percentage of total delinquent accounts provided by CITY for collection. Within parameters established at the initiation of the collection program, FIRM shall advise CITY of any case in which FIRM's investigation has revealed that the taxpayer cannot be found, the enforcement of the tax lien cannot be accomplished, or further attempts at tax collection would be futile and FIRM's recommenda- tion relative to the CITY shall the advproper ise FIRM ass to the appropriate disposition of the account. IX. COMPENSATION A. As compensation for the services rendered hereunder by of the FIRM, CITY total amount hereby of all deli que nt taxers, pfifteen ercent enalty and interest )for the tax years covered by this Contract as authorized by 533.48(a)(5) of FIRM at compensation payment of forth es, penalty the become the Property Code. and interest are received by CITY. The fifteen percent (154) collection fee will only be paid on taxes which remain delinquent after July 1 of the year on which they became delinquent, pursuant to the Property Tax Code 533.07. Said collection fee will only be paid to FIRM after it has beer received by CITY from taxpayer or from forced sales. FIRM shali not be entitled to the aforesaid • fifteen percent (15V) unless and until FIRM has taken some action in connection with recovering delinquent taxes. The transmittal of a notice of delinquency shall constitute sufficient action in order r to entitled FIRM to the fee aforesaid. As compensation for the services rendered hereunder by FIRM for the collection of taxes which are not eligible for the additional penalty as authorized by filed, tthe Property Tax Code 533.07 and upon which suit has been he • compensation shall be reasonable attorney's fees approved y court and not exceeding fifteen percent (15%) of the total amount of taxes, penalties and interest due CITY. In no event shall FIRM be entitled to any fee unless and until CITY actually collects the delinquent taxes, penalty, interest, court costs or collection costs or attorney's fees from the taxpayer or from the proceeds of a forced sale or foreclosure. In no event shall FIRM be entitled to any fee unless said fee is collected by CITY during the tenn of I PAGE 4 • • n this Contract or fee is collected by CITY on account (a) upon which FIRM is attorney of record at the time of judgment. CITY shall pay said fees to FIRM by check monthly. No intereac shall be accrued on any late payment. B. The compensation set forth in paragraphs IX, X, and XIV of this Contract shall be the total compensation due from CITY to FIRM for all servicec provided pursuant to this Contract and in no event shall FIRM seek any additional compensation from CITY. X. COLLECTION OF OTHER DELINQUENT ACCOUNTS FIRM shall, upon written request of City, undertake the collection of delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens. The collection of these accounts shall be undertaken on the basis of attorney's fees assessed to and collected from the debtors. CITY agrees to pay FIRM, as compensation, all amounts received as attorney's fees on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed liens which are collected during the term of this Contract as a result of FIRM's collection efforts. XI. CONFLICTS OF INTEREST FIRM agrees not to represent any client who has an adversary position with the City of Denton, engage in any conflict of inter- est to fully comply with the Texas Disciplinary Rules of Profes- sional Conduct (Subtitle G - Texas Government Code) for the duration of thie Contract. XII. USE OF MUNICIPAL FACILITIES CITY agrees to allow FIRM to use a tax office computer terminal, and to provide a working area for use by FIRM employees, provided such use is reasonable and does not interfere with CITY's use of other computer terminals and work areas. CITY also agrees to provide FIRM with computer tapes and tax file access upon request by FIRM. FIRM agrees to pay CITY for use of the working • area, its computer terminal, computer tapes, and tax file access. The payment by FIRM for the above stated support services shall be in the amount of Three Hundred Seventy-five Dollars ($375.00) each month. XIII. TERM • This Contract shall have a term of three (3) years, beginning O O on July 1, 1997, and ending on June 30, 2000. This Contract may be extended for two additional one-year terms upon the CITY giving written notice to FIRM of its desire to continue this Contract at least thirty (30) days prior to the expiration of the initial three-year term, This Contract shall continue in full force and effect from month to month at the option of CITY, unless either S PAGE 5 • 0 • • E party delivers written notice to the other party of its intent to terminate this Contract at least thirty (30) days prior to the date of the intended termination. FIRM shall have an additional six months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the ter- mination date, and shall have the exclusive right to compensation of fees earned due to these euits during this six month period. CITY shall have the right to sooner terminate this contract by giving thirty (30) days' written notice of such intention, or in the event of any of the events taking place under Section XXXIV "Termination of Agreement". In case of such termination, FIRM shall be entitled to receive and retain all compensation due up to the date of said termination. Upon termination, FIRM shall immediately deliver all files in their entirety to CITY at no cost to CITY. XIV. ATTORNEY's PEES In eminent domain and other judicial proceedings, FIRM will be entitled to only those attorney's fees awarded by the court and then only if collected by CITY. In bankruptcy proceedings, FIRM shall be entitled to a fee of 15t of the tax, interest, and penalty actually collected by CITY. FIRM agrees to file and diligently pursue all claims on behalf of CITY in bankruptcy, eminent domain and other judicial or administrative proceedings whether federal or state in nature. XV. TAX WARRANTS Upon request and authorization of CITY, FIRM shall prepare and pursue the issuance of tax warrants. FIRM shall then coordinate the seizure of personal property pursuant to warrant and actually accompany the Tax Collector to the location of the personal property which is to be seized to insure the necessary procedures have been followed. XVI. sETTLW(ENTS No nPttlements or compromises of taxes, penalty or interest shall be effected where prohibited by law and where authorized by law, only upon approval by CITY. If a taxpayer requested waiver is i upheld as provided by 533.011 of the Tax Code, FIRM will bear the costs of suit if it failed to notify the taxpayer of the delinquen- cy prior to filing of the suit. XVII. NOTICE A 0 a Any notice or other written instrument required or permitted to be delivered pursuant to the terms of this Contract shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to CITY or FIRM, as the case may be, at the following addresses: I PAGE 6 • CITY FIRM T. Meeks City of Denton, Texas Stephen Blair, Goggan, Sampson & ATTN: Executive Director of Meeks Finance Oil & Gas Bldg, suite 1414 215 E. McKinney 309 W. 7th Street Denton, TX 76201 Fort Worth, TX 76102 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XVIII. COLLECTION REQUIREMENTS FIRM agrees to collect, between July 1, 1947 and June 30, 1998, not less than sixty percent (604) of the total dollar value of the adjusted base tax of the 1996 delinquency existing on July 1, 1997. FIRM agrees to collect, between July 1, 1998 and June 30, 1999, not less than sixty percent (604) of the total dollar value adjusted base existing on 1f 1998. FIRM agrees tocoof the llect ,lbetween iJuly 1 Y 1999 and JuneJ30, 2000, not less than sixty percent (604) of the total dollar value of the adjusted base tax of the 1998 delinquency existing on July 1, 1999. Furthermore, should the CITY invoke the option to extend this contract beyond June 30, 2000 as prescribed in Section XIII, then the FIRM agrees to collect between the July 1 and subsequent June 30 time period, for each year the contract is extended, not less than sixty percent (604) of the total dollar value of the adjusted base tax from the most recent tax year of the delinquency existing on July 1 of each respective year. If FIRM does not collect haly services, programmingaandycomputersservi provide CITY with leg or data processing equipment with a value not less than Seven Thousand Five Hundred Dollars ($7,500.00) or, at the option of CITY, FIRM shall pay CITY the sum of Seven Thousand Five Hundred Dollars of the year it fails to collect ($7,500.00) aon or mount fore iAugust 15 d herein. the minimum • XIX. VENUE The terms, obligations and requirements of this Contract shall be construed in accorr?ance with the laws of the State of Texas. The obligations and requirements of the litigation hereto tare performable in Denton County, Texas. Any lit • Contract wall be tried in a court of competent jurisdiction I O • sitting in Denton County, Texas. XX. ACCEPTANCE OF EKPLOY Wt In consideration of the terms, covenants and mutual agreements hereinabove stated, FIRM hereby accepts the employment of CITY and undertakes the performance of this Contract as above stated. `o AGE 7 e s YXI. DIRECTIVES All directives between FIRM and CITY shall be confirmed in writing. XXI1. COVENANT NOT TO SUE FIRM further agrees not to bring any cause of action against CITY relative to this Contract. Should FIRM bring any cause of action against CITY, FIRM agrees the liquidated damages shall not exceed $1.00 and the filing of such cause of action s',all be considered a material breach of this Contract. XXIII. AMSInUITY Any ambiguity within this Contract shall be liberally interpreted in favor of CITY. XXIV. ASSIGNMENT The rights and responsibilities of CITY under this Contract may be assigned by the City Council to another governmental unit in Denton County without approval of FIRM. It is understood and agreed that this is a professional services contract and CITY is contracting for the unique services of FIRM. FIRM's rights and j responsibilities under this Contract may Ili be assigned by FIRM to another law firm or collection agency without written approval of the assignment by the City Council. XXV. INDEMNITY AGREEMENT The FIRM shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, buc not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for b,)dil.y and personal in}ury, death and property damage, resulting fron the negligent acts or omissions of the FIRM or its • officers, shareholders, agents, or employees ir. the execution, operation, or performance of this Contract. r Nothing in this Contract shall be construed to create a liability to any person who is not a party to this contract, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed Q by anyone not a party to this Contract, including the defense of governmental immunity, which defenses are hereby expressly 1~ 9 Q reserved. XXVI. INSURANCE During the performance of the services under this Contract, FIRM shall maintain the following insurance with an insurance f} PAGE 8 A r: company licensed to do business in the State of Texas by the State an s A- or agency above: has a rating with Insurance of at r least successor e Carriers Commission or Best Rat Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. The FIRM shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional ntnstred on provision such all such policies, and shall contain a insurance not be canceled or In modified sch evewithout nt, the O FIRM days sh written notice to CITY and FIRM. all, sachange or me coverage. serve prior to substitute h policies effective furnshig the the XXVII. EXHIBITS RFP X12032 attached hereto as Exhibit "A" and the FIRM's response to the RFP attached hereto as Exhibit "B" are incorporated herein as if set forth at length and made a part hereof. The provisions of Exhibit "A" and Exhibit "B" shall set forth obliga- tions and duties of the FIRM to the extent that they do not conflict with other provisions set forth in this Contract, which contractual provisions shall control. XXYIII. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any c.isputes under this Contract by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this paContrrtyact, involving one the disagreement rwithoutstheeother's approva . the other XXIX. ENTIRE NGREEMENT This Contract, consisting of 13 pages and 2 exhibits, a constitutes the complete and final expr-scion of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior con- temporaneous offers, promises, repreVintations, negotiations, hereofh may have been the subect agreements discussions, with ions, connection commtinicat in made • XXX. COMPLIANCE WITH LAWS I~ The FIRM shall comply with all federal, stare, and local laws, rules • heapplicable to the work reinafter be amended. covered regulations, may n now ordinances as hereunder i2 PAGE 9 4 • • f ~ XXXI. DISCRIMINATION PROHIBITED In performing the services required hereunder, the FIRM shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ! XXXII. PERSONNEL AND EQUIPMENT f A. The FIRM represents that it has or will secure, at its own expense, all personnel required to perform all the services ^ required under this Contract. Such personnel saall not be employees or officers of, or have any contractual relations with the CITY. FIRM, shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Contract. B. All services required hereunder will be performed by the FIRM or under its supervision. All personnel engaged in work shall such z services. permitted under local a laws shall to perform authorized state qualified, C. eThe xpense, the hardware, software has and other or will secure, at its own reresents that it to perform, in a timely manner, all the services required under the terms of this contract. XXXIII. ASSIGNABILITY The FIRM shall not assign any interest in this Contract, and shall not transfer any interest in this Contract (whether by assignment, novation, or otherwise) without the prior written conoent of the CITY. XXXIV. TERMINATION OF AdREEMENT A. Notwithstanding any other provision of this Contract, either party may terminate by giving thirty (30) days advance written i • notice to the other party. B. This Contract may be terminated in whole or in part in the l event of either party substantially failing to fulfill its obligations under this Contract. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of O intent to terminate and setting forth the reasons specifying the nonperformance, and not lees than 30 calendar days to cure O • J the failure, and (2) an opportunity for consultation with the terminating party prior to termination. C. If the agreement is terminated prior to completion of the ser- vices pa1 render hereunder, a final bill for sarvies immediately to ase all services and sh the PUGE 10 s CITY within 30 days after the date of termination. The CITY - shall pay FIRM for all services properly rendered and satis- factorily performed and for reimbursable expenses to termina- tion incurred prior to the date of termination, in accordance with Article IX "Compensation". Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, FIRM shall cooperate in provir?tng info-nation. The FIRM shall turn over all documents prepared or furnished by FIRII pursuant to this Contract to the CITY on or before the date of termination, but may maintain copies of such documents for its use, XXXV. MODIFICATION No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged ther,:with, and no evidence of any waiver or modification shall be c,ffered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Contract, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as herein set forth. XXXVI. INDEPENDENT CONTRACTOR FIRM shall provide services to CITY as an independent contractor, not as an employee of the CITY. FIRM shall not have or claim any right arising from employee status. XXXVII. MISCELLANEOUS A. The following exhibits are attached to and made a part of this Contract: Exhibit "A" - Request for Proposals; Exhibit "B" - FIRM's proposal. B. FIRM agrees that CITY shall, until the expiration of three (3) A years after the final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the FIRM involving transac- tions relating to this Contract. FIRM agrees that CITY shall have access during normal working hours to all necessary FIRM facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with ® this section. CITY shall give FIRM reasonable advance notice of intended audits. C. For the purpose of this Contract, the key persons who will perform most of this work hereunder shall be Debra Pacl.en, However, nothing herein shall limit FIRM from using other qualified and competent members of its firm to perform the services required herein. PAGE 11 ~ - ~ arm 0 0 D. FIRM shall commence, card on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof. In accomplishing the projects, FIRM shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. E. The CITY shall assist the FIRM by placing at the FIRM's disposal all available information pertinent to the Project, including previous reports, any othAr data relative to the Project, and arranging for the access thereto, and make all provisions for the FIRM to enter in or upon public and private property as required for the FIRM to perform services under this Contract. XXXVIII. TIME OF THE ESSENCE Time is of the essence with respect to all matters covered by this Contract. XXXIX. CAPTIONS The captions appearing at the first of each numbered section are inserted and included solely for convenience and shall never be considered or given any effect in construing this Contract. This Contract is executed on behalf of CITY by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes and by a partner of FIRM who, by execution of this Contract, represents and warrants that he or she has the authority to execute this document on behalf of FIRM. WITNESS the signature of all parties hereto in triplicate originals this the day of 1997, Denton County, Texas. CITY OF DENTON, TEXAS • r JACK MILLER, MAYOR • ATTEST: t JENNIFER WALTERS, CITY SECRETARY • O BY: i 15 WAGE 12 i 0 0 I, I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. BLAIR, GOGGAN, SAMPSON & MEEKS BY ST HEN T. MEEKS, R LAW OFFICE OF MIKE GREGORY f BY: "k,22-- MIKE GREGORY 9i\1PD0CS\K\blLlNQ(r..TAI I • I ' W PAGE 23 _ i 0 • • f t i l f EXHIBIT A I s r I y I -7-77 alao" • • CITY OF DENTON, TEXAS__ April 15, 1997 Blair, Goggan, Samson, & Meeks, and Mike Gregory 2323 Bryan Street Dallas, TX 75201 REF: RFSP #2032 - DELINQUENT TAX COLLECTION SERVICE Dear Blair, Goggan, Samson, & Meeks, and Mike Gregory: The City of Denton, Texas will receive sealed proposals consisting of 3 copies until 2:00 p.m., Max 13, 1997 for Delinquent Tax Collects n rvic This request for proposal is not a bid and will not be opened publicly. The proposals will be received by the Purchasing Agent and no part of this request for proposal will be made public except as required by State Statute after award. The City of Denton staff and City Council will review and evaluate the proposals, Selection will be made by this process as stated further in this request for proposal. All information, clarifications, or changes in content or instructions of this request for proposals must be submitted in writing to the Purchasing Agent at 901-B Texas Street, Denton, Texas 76201, Phone Number (817) 383-7100. Additional proposal documents may be requested by mail or picked up at the City of Denton Purchasing Department, 901-B Texas Street, Denton, Texas 76201. All questions or requests for more information regarding this RFSP of the City of Denson tax • collections must he submitted in writing by 12:00 p.m, on May 1, 1997. Both questions and responses will be sent to all potential bidders. i f ' Attached is a five year history of the City of Denton's delinquent tax collection percentages. Please refer to this information when necessary. • ' ~ 0 O "Ordica~ed la Quuliry Srrvier" 0 0 April 15, 1497 Page 2 r ' We are soliciting a proposal from your firm because of your capabilities in delinquent tax collection. Proposals should be as brief as possible and include the following: 1. A statement of firm's experience in delinquent tax collection; including years in the business, number of staff, office location, clients serviced (a list of clients with addresses, phone number and contact person should be provided). J 2. Resumes of key managerial staff to be assigned as the City's representatives. 3. Proposed scope of services to be offered based on the information attached, 4. Suggested performance criteria for the City to utilize in evaluating the success of the contract and non-performance guidelines if collections do not equal sixty (60%) percent of the delinquent tax base amount. Proposals will be evaluated based upon the attached criteria and interviews with selected firms. If your firm is interested in making a proposal to the City of Denton for these services, three (3) copies of the proposal, in sealed envelopes marked on the outside RFSP #2032 - Delinquent Tax Collection Service, should be submitted no later than Slay 13, 1997 at 2:00 p.m. to: City of Denton Purchasing Department 901-B Texas Street Denton, TX 76201 Attention; Tom Shaw, Purchasing Agent We look forward to receiving a proposal from your firm for this very important service. Sincerely, Tom D. Shaw, C.P.M. Purchasing Agent wp Attachments AAAaFEC A O O i. v -'a..,. a-~~ s • • Y CITY OF DENTON TAX COLLECTIONS FIVE YEAR HISTORY (Base) All Years All Years Ending Current Total $Delinquent Delinquent Attorney Delinquent Deiinques. Tax LeNy as of Collections Collections as of Tax Submitted Tax Collected Y-T-D Collections Collections Year Sept 30 As of Sept 30 Sept 30 Percent to Firm July I as of Jun 30 Percent (Excluding P & 1) Plus P& 1 1991 13,496,916 13,188,356 517.71% 433,010 264,768 61.15% 348,095 445,539 1992 13,732,609 13,451,202 97.93% 368,753 225,516 61.16% 417,187 542,127 1993 14,023,943 13,813,826 98.50°/. 321,304 203,877 63.45% 293,716 383,341 1994 11,080,169 10,930,077 98.65% 214,760 135,598 63.14% 268,819 354,089 1995 11,076,657 10,953,056 98,88% 224,353 144,161 64.26'/. N 239,560 326,692 1 i f i O + M 1 kim(liknt tar collard for tax year 1995 is through March 31, 1997. • Delinquent tar suhmallol to firm July I has boat adjusted t..r Supplement ps)mcnis, Over 63 quarterly psymmts, a nd June raymenu reoordod in July. `JrI • • THE LANV FMN1 WILL i 1. Receive and review the delinquent tax rolls. Substitute as attorney of record on all existing tax suits and interventions; pay all rourt costs and filing fees related thereto. 3, Perform all research and paperwork necessary to provide taxpayers and the City Tax Collector with correct or corrected information to update the City files, including forwarding addresses as located. 4. Submit monthly status reports regarding suits filed on accounts and provide City Tax Collector with duplicate letters sent to taxpayers. 5. Provide a quarterly report to City staff in sufficient form that it could be submitted to the City Council for review. Provide monthly reports on pending suits, judgments and foreclosures. b. File suits on delinquent taxpayers that do not respond in accordance with the demand of and directions provided by the City of Denton. 7. Intervene in delinquent tax suits filed by Denton County and/or Denton Independent School District, if applicable, pursuant to Sec. 33.44, Property Tax Code. 8. Firm shall be responsible for filing of delinquent tax claims in bankruptcy proceedings; including claims and actions required to be filed with Federal age6cies such as the FDIC; and consult with the City of Denton City Attorney's office on such matters. 9. File suits for collection of delinquent taxes pursuant to Secs. 33.41 and 33.42, Property Tax Code; or file suits of judicial foreclosure of tax liens. 10. Pursue all suits diligently and provide reports to the City of Denton. It. Provide the City recommendations, for qualified individual taxpayers, pursuant to Sec. 33.02, Property Tar Code, regardio g the advisability of an installment agreement being entered into between City and taxpayer. • 12. Provide legal support and research to the City as needed. r a. Provide recommendations to not pursue a case if a case is legally barred, is weak, or the likelihood of collection is low or unlikely. b. Provide City of Denton's Assessor/Collector with legal advice and written opinions ® upon request. p • 13. Only collect those groups or indin,dual accounts which the City of Denton determines in its discretion arc to be collected by firm. 21 ,,fir. • • The Law Firm Will Page 2 i I 14. Provide all supplies and postage necessary to handle billing and necessary mailings. 15. Obtain appropriate bt'.e research and relevant ownership records of all property upon which a suit is to be filets, at firm's expense. 16. Provide total and complete delinquent tax collecton, including court filing fees and all other costs, pursuant to Secs. 33.07 and 33.46, Property Tax Code, and will indemnify and hold the City harmless from any suits or liabilities that may result from the firm's delinquent tax collection activities. 17. Propose a method of assuring that the amount of delinquent taxes collected by the Law Firm will be at least equivalent to the amount projected to be collected by in-house staff for each fiscal year of the firm's engagement. 18. Propose a method of payment. 19. Be entitled to fees on amounts actually collected while contract is in effect, pursuant to Sec. 33.07 of Property Tax Code. 20. Provide information concerning minority involvement regarding the work to be performed by your firm pursuant to this engagement. Indicate the ethnic makeup and the gender of your staff, both at present and projected, if not presently fully staffed. Also, indicate if you would consider sub-contracting parts of this contract to minority contractors and, if so, please describe your plan to do so. Also indicate your compliance with EEOC regulations and guidelines. 21. Coordinate the tiling of all tax suits with the City Attorney and all tax collection efforts with the City of Denton Tax Department. 22. Provide for the orderly delivery of copies of all complete tar files to be turned over to the City Atiomey when the Contract is terminated. 23. Make recommendations to the City Tax Department on accounts to be collected (i.e., mobile homes, aircraft and business personal property) by summary seizure (Tax Warrants) and diligently perform all legal work necessary to reduce those accounts to A payment of taxes pursuant to Secs. 33.21, 33.22 and 33.23, Property Tax Code. 24. Maintain collection rate of at least sixty (60°0) percent of the current delinquent tax base; with a penalty clause initiated on the firm should be the collection rate fail to research 60 57v. H 25. Provide concentrated effort toward the collection, within the statute of limitation period. • • of delinquent mobile home business personal property accounts. I 22 • • The Law Firm Will Page 3 26. Upon request by the City, undertake the collection of delinquent accounts for special paving assessment liens, substandard housing demolition lien!, and privileged (mowing) liens. 27. Upon reasonable request, represent the City in the acquisition of property pursuant to the Property Tax Code for public purpose use, 28. The firm should be willing to enter into a three year contract with the City with two additional one year optional extension periods being provided for. i • i E 141,i1! i i ajgrv.slyl CA: • • AM CITY OF DENTON WILL i 1. Provide a roll of delinquent accounts to be collected. 2. Provide for updated information (i.e., adjustments, payments, errors, double assessments, or other discrepancies) on delinquent accounts to be forwarded to the law firm. 3. Be able to terminate contract for any reason, with or without cause, upon thirty (30) days' written notice to the firm. 4. Pay the law firm fifteen (15%) percent of the amount of all delinquent taxes, (pursuant to Sec. 33.07, Property Tax Code), penalty and interest actually collected and paid the collector of taxes during the term of this contmct. The collector shall pay said funds to the firm monthly by check, 5. Notify the law firm of any taxpayer that has filed bankruptcy, when the City has been notified of such. 6. The City will allow firm an additional six (6) months to reduce to judgment all suits filed prior to the expiration date of the contract. 7. Prepare and mail tax statements at least thirty (30) days (no more than sixty (60) days] prior to delinquency date, giving clear written notice to the delinquent taxpayers of the potential add-on costs of collection. 0 AA AMI ri 2q . wYnW.adaarwd. s s CITY OF D,,NTON CRITERIA FOR SELECTING FIRNI In order for all proposals to be reviewed in a consistent manner, please reference the following criteria by its reference number set forth below: 1. Please provide a summary titled "Law Firm Summary," not to exceed three pages, that addresses the following questions: a. Is your law firm's principal business the collection of delinquent taxes? b. Please describe the extent of your law practice. c. Please describe, in detail, your firm's collection software and hardware and any established systems which you have in place regarding ad valorem tax collection. d. Do you currently collect delinquent taxes for other tatting entities in Denton County? If yes, who? e. How many clients do you currently represent regarding the collection of delinquent taxes? f. Where is your nearest office location to the City of Denton? g. Is your law firm affiliated with local counsel? If so, who? How long has your firm been so affiliated? h. What is the total number of staff employed by your firm? Please breakdown by the following categories: Attorneys; Law Clerks; Paralegals; Legal Assistants; Legal Secretaries; Other Staff. , L What is the number of staff that will be responsible for the City of Denton's collection if your proposal is accepted? j. What is the name(s) of the attorney(s) that will be responsible for the City of Denton's collections? k. 1s your law firm a,t Equal Employment Opportunity (EEO) employer? 1. Is your firm agreeable to a performance goal, which is equal to, but not less than, 607c of the total dollar value of the base taxes collected as of July 1 of each year of the contract? O Firm must have an established history of expertise in the delinquent tax collection field and provide a complete list of past and current Texas clients including a five year summary of delinquent tar collections listed as a percent of base tat, excluding P&I, submitted to the firm for collection. 3. Law firm has to show capability to staff and operations sufficient to efficiently process up ® to 25,000 delinquent accounts annually. O 0 4. Firm will have, or ill establish, a Denton office by the date the delinquent accounts are turned over to firm, and will provide a 1-500 number, or other toll-free service, to its main office. i ~k~,WIFI i C~ l-~ • • I EXHIBIT B • • s • e • I f4 A PROPOSAL FOR THE COLLECTION OF DELINQUENT AD VALOREM TAXES FOR THE CITY OF DENTON Submitted by Blair, Goggan, The Law Office of Sampson & Meeks Mike Gregory • Attorneys at Law Attorneys & Counselors at Law 326•G East McKinney 303 N. Carroll Blvd., Ste 100 Denton, Texas 76201 Denton, Texas 76201 (817) 383.4460 (817) 387.1600 May 1997 i lop' • • BLAIR, GOGGAN, SAMPSON & MEEKS ATTORNEYS AT-LAW A PARNERSnF muuDlND.oDSCSSON..t CCRA0AA4DN9 , 32" UST HCOINNCV SIPEET PO OLA ISi? CE NTON, TEXAS I"Ot I st? 1611) 363 1160 I FAA (ail) 392te2a May 13, 1997 'fhe Honorable Jack Miller Mayor, City of Denton and Members of the Denton City Council 215 E. McKinney Denton, Texas 76201 Re: RFSP #2032 - Delinquent Tax Collection Service Dear Mayor Miller and Members of the City Council: Blair, Goggan, Sampson & Meeks (BGSM) is very pleased to submit our proposal to resume delinquent tax collection services for the City of Denton. Our previous representation of the City of Denton and the Denton Independent School District well positions our law firm to commit substantial resources to the collection effort for the City in a manner to ensure maximum collections. I _ We are pleased to continue the of distiou between Mike Gregory and BGSM. The Law Office of Mike Gregory has assisted BGSM with our contracts in Denton County since 1986. Mr, Gregory has practiced law in Denton st~toe 1974 and maintains his own law office at 303 North Carroll Boulevard, Suite 100. As a former Denton ISD Trustee and an active member of the Denton community, Mr. Gregory's assistance in our collection effort significantly enhances our program. Since the beginning of our service to Denton taxing jurisdictions, he has assisted BGSM by acting as a liaison with Denton officials and in our litigation of tax cases. Mr. Gregory will be directly involved with our collection program by sharing responsibility for litigating the City's tax cases with BGSMi's attorneys and he will work directly with delinquent taxpayers and their attorneys to resolve their delinquencies. He will be assisted in these efforts by his associate attorney, Charla Bradshaw. r BGSM1 has maintained an office In Denton since 1986 and has contributed greatly to the I Denton community during the past ten years. We conservatively estimate that we have spent more than $1.1 million in Denton during the past decade in support of our collection program. j As shown on the chart following this letter, two-thirds, or 66%, of our attorney fees from % Q our Denton ISD contract stayed in Denton and were reinvested into the community in the • form of salaries, rent, office expenditures, community-based contribi-tens, etc. The City of Denton can expect this same level of "return" to the community. A'.LAS FORT WORTH AUSTIN SPCRMAN GKINVIILC LIAN!? hANCGAL CENTPE OIL A GAS OLD SUITE A,4 TCNRLE aN LAND BUILDING IIS PSI LANAR 2607 STONEWALL Sf. r r) eR.N S 15Urt[ 11)0 :CO•RN S1 +oI CONGRESS AVENUE. Stint K)O SNERNAN TEXAS ?5094 CRE[NVRLt FEAAS?S1G1 EALLAS I[+AS 15201 'CAI 'A(IATN. TEXAS?e0e AUSTIN. TEXAS 15110n AWr 19 031 843 194 (905715.2055 rA, es D,OC.a IS Of al?yOa IS ItI.79772, ?A-;0031665oa95 FAA (903)A"9959 F+.111115.1,8+ IAS 15 m 61X601 1N4 151f 118 PI 2 Z • • With an office established in Denton for more than ten years, employment of Denton residents and extensive community participation, v°e believe BGSM has established itself as a local, Denton law firm. Together, the Law Office of Mike Gregory and BGSM have served the Denton community for a combined 32 years. Our proposal offers the City of Denton a continuation of the premier tax collection program available in Texas. Our collection efforts have been customized for Denton so they are carried out for Denton taxpayers by Denton citizens. B AM's Collection Faarience in Denton BGSM, in conjunction with Mike Gregory, represented the City of Denton from July 1986 through June 1993. During that time, we collected $5,446,106 in delinquent taxes, penalties, interest and attorney fees for the City, filed 1,324 lawsuits and mailed more than 19,000 demand letters. in spite of a current year "turnover" that decreased 43% over our test four years or representation, we were still able to consistently increase delinquent collection effectiveness. In 1992, BGSM was successful in also being hired by the Denton ISD, which had been previously represented by McCreary, Veselka, Bragg & Allen. During the first 12 months of our representation of Denton ISD, we achieved a 18% increase in collections, which resulted in an additional $222,161 In revenue for the Denton ISD. We are proud of Gur success at both the City of Denton and Denton ISD; however in July 1993 the City chose to change law firms to McCreary, Veselka, Bragg & Alien, and their newly N mod joint venture with the local, politically active firm of Mayes, Coffey & Berry. In a similar manner, the Denton ISD Sdrnol Board changed to the law firm of Sawko & Burroughs in January 1997. In both decisions to change law firms from BGSM, the elected body was divided in its decision because BGSM's performance had been exemplary. We believe an objective review of our pttformarA;c will affirm our ability to provide the leading collection program in Denton. We want to emphasize that we have always valued our relationship with the City of Denton. We greatly regret the City and School District chose to change law firms in spite of our excellent performance and would welcome the chance to once again represent the City of Denton. BGSM's established presence in the Denton community will Immediately be put to use for the benefit • of our City of Denton collection program. We once again pledge to the City of Denton to provide the highest level of performance and conduct our program with the highest degree of professionalism. • Concligion - j ~ 0 m Blair, Goggan, Sampson & Meeks, along with Mike Gregory, is proud of our past record of collection performance for the City of Denton. We once again offer the City our exceptional collection program which we believe will increase the City's delinquent revenue collections. ZA • .r We would consider it a privilege to again represent the City of Denton and look forward to discussing this proposal with you and addressing any questions you may have. If the City should revise its criteria at any time during the selection process, we would welcome the opportunity to negotiate any additional desired services or enhancements with the City. We appreciate your consideration of our proposal. Sincerely, ' Stephen T. Meeks Mike Gregory Partner Attorney Blair, Goggan, Sampson & Meeks Law Office of Mike Gregory cc: Tom Shaw, Purchasing Agent • r. l 0 • • Local Impact on Denton Community 66 % Local Data P &~port 8 North Tara 1 Con trr Sarvkw dol9ac e f 1 Prat ~y 3496 Non -local i ' Percmtgv a1*vatAv for the MW 7/l/95. 6/d0/96 I s O Highlights of the Proposal • Blair, Goggan, Sampson & Meeks (BGSM) has dchieved unparalleled success in the field of delinquent tax collection in Texas, as evidenced by our 72 clients in North Texas, including the cities of Dallas, Arlington, Carrollton and Sherman, in addition to Dallas, Tarrant, Hunt and Grayson counties. Because of our size, we have the depth of staff and computer resources to tailor our collection program specifically to meet the needs of the City of Demon. a Because of our previous representation of the City of Denton and Denton 1SD, no other law firm is more familiar with Denton taxpayers and the community. BGSM's established presence in the Denton community enswcs a smooth transition will be accomplished, with no disruption to the Tax Office, BGSM Is completely prepared to commit our substantial resources aed expertise to implement a successful collection program for the City of Denton. a BGSM offices are strateg"Ily located In six (6) dries ttu oughout North Texas, including Denton, Dallas, Sherman, Fort Worth, Greenville and Atmtlo. Our Denton office, which is supported by our North Texas (Dallas) Regional office, will be assigned to represent the City of Denton. Mr. Steve Meeks, a BGSM Partner, will serve as our W attorney responsible for representation of the City. a The Denton law firm of Mike Gregory will assist BGSM in providi:.g the City of Denton with the most effective tax collection services possible. As local counsel, Mr. Gregory provides an increased level of local expertise which will enhance our delinquent tax collection program for the City. He will als) play an important role to representing the City in delinquent tax collection litlga" efforts by personally appeariog In Court In dciioquent tax cam. a BGSM has maintained an office In Denton since 1486. Our law firm has expended $1.1 million during the last ten years Denton with local employees, vendors and suppliers in support of our collection program. Furthermore, 66% of the revenue generated by our Denton contracts is locally retained. { • We belleve that to represent our clients effectively, we must be Involved in the community. Examples of our law fan's community involvement throughout the Denton area are participation in Chamber of Commerce activities, the BGSM/Honeywell Teacher Mini Grant program, the Denton Special Olympics, our adopt-a-school program, contributions to United Way and other community groups. • Our collection program comprises an innovative mix of diverse disciplines including computer science, telephone collections, property ownership and location research, traditional I' ti trial advocacy, post-judgment enforcement, bankruptcy representation, federal agency collection efforts and seizure activity. Our collection program is designed to serve as an extension of the client's tax office and, by virtue of our complete collection services, will be able to reduce the burden on the City staff. 32 • • • Our data prc xssing capabilities are "second to none" In the field of delinquent property tax collection. Our management reporting, case tracking and document production and bankniptcy tracking systems all demonstrate the sophistication of our computer applications in the field of delinquent tax collection. We regularly provide information to our clients which assists them in their budgeting, forecasti,ig and management of their govern;.jems. s An Austin office is maintained by BGSN9 to keep abreast of the latest legislative matters, Attorney General opinions, and interpretations of the Property Tax Division of the State Comptroller's Office and the decisions of the Supreme Cour of Texas. Through this office we are available to provide legislative assistance to ali of our clients. O~ i i 33 0 • • TABLE OF CONTENTS Transmittal Letter Highlights of the Proposal 1. Law Firm Summary (RFP Selection Criteria 1 4) . ]l. Introduction to the Firms (RFP Selection Criteria La-b, 2, 3) 7 i 111. Collection Performance 9 Collection Experience in Denton 13 Client References 18 IV. Project Team and Offices (RFP Selection Criterion 1.fy, 3, 4) . . . . . . 19 BGSM's Denton Office 19 The Law Office of Mike Gregory 20 BGSM's North Texas (Dallas) Regional Office 20 Project Team for the City of Denton 20 Resumes of Key Individuals 21 V. Community Involvement 28 VI. Scope of Services (RFP Selection Criterion 2) 31 Workplan and Methodology 32 Customized Workplans 33 Taxpayer Notification Program 37 Address Research/Taxpayer Location Program 41 Taxpayer Assistance Program 45 Litigation Proce;s 47 Bankruptcy 52 Federal Agency rollectio.s 54 Public Service Information 55 Miscellaneous Revenue Collections 55 • Ancillary Legal Services 55 Management Information Reporting and Coordination 56 VII. Data Processing Capabilities (RFP Selection Criterion l.c) 57 VIII. Equal Er.iployment Opportunity and Affirmative Action (RFP Selection Criterion Lk) 64 0 • J I Suggested Performance Criteria 66 Lf I 3 a • i X. Division of Responsibilities 68 Responsibilities of the Law Firm 6& Responsibilities of the City of Denton 70 Performance Commitment (RFP Selection Criterion 1.1) 70 Xi. Attorneys Fees 71 Appendix A: Client Listing Appendix B: Sample Letiers O 3~ a4 • • j 1. Law Firm Summary (RFP Selection Criteria 14) As requested by the RFP, the following pages are provided in direct response to the City's "Criteria for Selecting Firm," (1.A-L). A. Is your law font's p incipai business the collection of delinquent taxes? BGSM's principal and only business is the collection of delinquent ad valorem taxes and governmental receivables. Beginning in the early 1980's our law firm was one of the pioneers in the field of delinquent tax collection. Over the past 16 years we have grown to become the largest and most successful delinquent tax collection law firm In'!u We have achieved this status by limiting our practice exclusively to tax collection and by . mflnually working to improve our collection program. Our law firm represents 8 of the 10 largest taxing jurisdictions In Texas. We have collected over $1.9 billion in delinquent revenue for Texas cities, counties and school districts in the past sixteen years. B. Please describe the extent of your law practice. Our practice Is dedicated to the collection of delinquent ad valorem taxes to Texas. Each year our law firm processes more than 2,000,000 delinquent tax accounts for our clients throughout Texas ono annually collects over $183 million In delinquent taxes on a statewide basis. We mail approximately 1,500,000 demand letters each year, in addition to preparing more than 30,000 lawsuits. We employ more than 300 Individuals and serve taxing jurisdictions from our 17 offices throughout Texas. C. Please describe, In detail, your fvm's collection software and hardware and any established systems which you have in place regarding ad valorem tax collection. Through our subsidiary computer compsnv, United Governments] Services of America (UGSA). we have developed customized tax collection software used by local governments throughout Texas. F .x delinquent tax collection purposes, we use our copyrighted Case Tracking System (CATS), DELTAX and Bankruptcy Tracking System (BA fS) to support our collection ;I program. UGSA also provides collection software to local tax offices for the collection of current ad valorem taxes. The system is currently in place for Dallas County, the City of Dallas and the Houston Independent School District. The hardware which supplements our collection program and runs our software is best described ' by the volume of services it is capable of providing. Annually, UGSA processes over 2,000,000 delinquent tax accounts, mails 1,500,000 demand letters and prepares 30,000 lawsuits. Additional detail is provided in Section VII. Data Processing CapabWties of our proposal. v Page I { • • D. Do you currently collect delinquent taxes for other taring entities d.: Denton County? If yes, who? Our clients in Denton County are: Denton Levy Improvement District /1 and Denton Road Utility District 01. In addition, BGSM collects delinquent taxes for the City of Carrollton, Prosper LSD and the City of Frisco which have accounts located in Denton County. BGSM represented Denton ISD until January 1997 and we are currently in the process of concluding our colkction efforts on behalf of the School District. We also have experience representing the City of Denton, the Town of Bartonville and the City of Krugerville. E. How many clients do you carnndy represent regarding the collection of delinquent taxer? BGSM currently represents 72 taxing juuisdictiors in the collection of delinquent ad valorem taxes. Because BGSM's operations are focused exclusively on North Texas, all 72 of these clients are concentrated [a Denton, Tarrant, Dallas, Grayson, Johnson, Collin and Haut counties. A complete listing of BGSM's clients is provided in Appendix A. On a statewide basis, our law firm represents over 200 clients, including 8 out of 10 of the largest taxing entities in Texas. We represent Harris, Dallas, Tarrant and Bexar counties, the City of Dallas and Dallas ISD, Houston ISD, the City of San Antonio and San Antonio ISD. F. Where is your nearest office location to the CYty of Denton f BGSM has maintained an office in Denton since 1966. It is located in Denton at 32" Fast McKinney Street (directly across from the Civic Center). G. Is your law firer a d iaW with local counsel? If so, who? How long has your firm been so affiliated? Our law firm has been affiliated with the law office of Mike Gregory as local counsel since 1986. In addition to serving as a liaison to local officials, Mr. Gregory will participate directly to our collection program by representing the City before the Court In tax litigation cases. H. %*al is the total number of staff employed by your farm? Please breakdown by the following categories: Attorneys, Law Clerks, Paralegals; Liaaation Assistants; Legal Secretaries; Other Staff • The combined staff of BGSM, operating in North Texas, and Heard, Goggan, Blair & Williams, operating in South and Central Texas, is composed of 300 in the following categories: ` Attorneys: 33 Legal Secretaries: 16 Paralegals: 22 Collectors/Researchers: 74 Legal Assistants: 63 Administrative Support: 35 j _ 0 Bankruptcy Assistants: 17 Data Processing Professionals: 40 • • Page 2 h I 3~ • 0 f. W7ew is the number of stqff that will be responsible for the City of Denton Is collection if your proposal is accepted! The following I1 individuals will have primary responsIbllity for our collect ion program for the City of Denton: Mike Gregory, Local Counsel Debbie Patton, Denton Office Manager Charla Bradshaw, Local Counsel Ralph Roberts, Abstractor Stephen T. Meeks, Partner Dana Markham, Denton Litigation Assistant DeMetris A. Sampson, Partner Gary Bennett, Aitomey Nancy R. Primeaux, Regional Manger Edward Lopez, Attorney Beth Weller, Bankruptcy Atturney In addition, the collection efforts of our Denton staff will be supported by our North Texas Regional Office in Dallas which is staffed by SO tax collection professionals. Our computer support staff totals more than 40 programmers and technicians. J. What is the name(s) of the attorney(s) that will be responsible for the City of Denton's collections? The attorneys with primary responsibility for our Denton collection program will be BGSM's Partner Steve Meeks and Mr, Make Gregory. They will be supported on an as needed basis by Mr. Gary Bepndt, Mr. Edward Lopez and Ms. Charls Bradshaw. In addition, BGSM's bankruptcy attorney, Ms. Beth Weller, will be responsible for all of the City's accounts in bankruptcy. K. Is your law firm an Equal Employment Opportunity (EEO) employer? BGSM is not only an Equal Employment Opportunity employer, we Are the industry leader in providing opportunities for minorities and women. As evidence of t ur commitment to Equal Employment Opportunity, we offer our current staff distribution. Of 6GSM's 54 staff members in our Denton and Dallas offices, 66% are minorities and 76% are women. We are confident that no other delinquent tax collection law firm can approach the participation level we have achieved of minorities and women. For the past five years, our North Texas office has expended j over $1.5 million annually with minorities and women. Section VQI. Equal Employment J Opportunity and Affirmative Action provides additional detail regarding our Equal Employment • Opportunity and Affirmative Action programs. I ' L. Is your firm agreeable to a performance goal, which is equal to, but not less than, 60% of the total dollar value of the base taxes col!eccrd ns of July I of each year of the contract? Basee upon our past success for the City and Denton ISD, we are confident that we will be able ® to mee' the City's performance goal. We commit that our collections will total at least 60% of O the total tmouni of base tax of current year delinquency that exists on July I (the new "turnover" roll) by tl?a end of the twelve month period beginning July I and ending June 30. We will maintain this performance standard during each year of the contract. Page 3 _ .,_..--•--,.~,,,..,_...,...~......~j- mow. • • 1. Firm must have an estabtirhed history of expertise in the delinquent tax collection field and provide a complete list of post and current Texas clients including a frve year summary of delinquent tar colG.uons listed as a percent of base tax, excluding P&I, submitted to the firm for collection. Not only does BGSM have an established history in delinquent tax collection, we have a proven history serving the City of Denton and Denton ISD specifically in the collection of taxes. From 1986 until 1993 and from 1992 until 1997, BGSM and Mike Gregory provided collection services to the City of Denton and Denton ISD, respectively. Jurisdictions of all sizes throughout North Texas nave also contracted with BGSM for extended periods of time after recognizing the quality of BGSM's collection program. A list of BGSM's 72 clients in North Texas is provided in Appendix A. Some of our long-term clients include: • City of Dallas (since 1983) • Tarrant County (since 1982) • Dallas ISD (since 1983) • Hunt County (since 1985) • Dallas County (since 1984) 0 City of Sherman/Sherman ISD (s,'nce 1990) Our law firm operates under the name Heard, Goggan, Blair & Williams (HGB&W) in South and Central Texas. HGB&W also has a rich history representing taxing jurisdictions for de!nquent tax collection services: • Houston ISD (since 1984) • San Antonio ISD (since 1982) • Harris County (since 1995) • City of San Antonio (since 1985) • Bexar County (since 1980) A listing of our former clicots is also provided In Appendix A. As requested, we are submitting a rive year summary of delinquent tax collections. Rather than providing an aggregate of our total collections (5185 million each year) for our 200 clients throughout the State, we felt it would be more meaningful and responsive to choose three representative clients for the City of Denton. These clients are: • Denton ISM Most similar to the City of Denton due to shared account base. r City of Dallts/Dallas ISM Largest jurisdictions in North Texas. City of Sherman: Similar City in proximity to Denton. • The following three tables detail our delinquent tax collections (total tax plus penalty and interest) O • as a percent of the base tax, excluding pena!ty and interest, that has been submitted to our law firm for collection. Page 4 3< 17 • • r This summary of delinquent tax collections also provides an excellent measure of effectiveness. We are pleased to be able to demonstrate that each of our three representative clients has recognized an Increased level of ettectiveom over the past rive years. Furtsermore, we have recently concluded our most effectiveAuccessful year ever for all three clients, The 1995196 effectiveness ratios are as follows: Denton ISD 153% City of Dallas/Dallas ISD 148% City of Sherman 135% In addition, detailed and verifiable statistical information concerning our collections experience in Denton 9nd throughout North Texas is provided in our proposal. These charts and tables demonstrate the strong performance we have consistently provided for jurisdictions which have chosen BGSM's collection program. For additional information, please see Srction 11. introdmion to the Law Fb= and Section M. Collection Perforrmtoce. 1 p J Page 5 y I oil R • • • . i l Delinquent Tax Collection Effectiveness for the Denton ISD/CED (Comparison of Delinquent Turnover to Base Tax + P&I Collections) Year 1991/92 1992/93 1993/94 1994/95 1495/9 Law Firm MVBA • BGSM BGSM BGSM BGSM IJ Turroveron Turnover on Turnoveron Turnoveron Thmoveron Current Year Turnover 7-1-91 7-1-92 7-1-93 7-1-94 7-1-95 (lotal Base Tax turned ' over to law firms in July) 51,503188 x,091,794 X144. 7,300916 X767,454 - Collections Collections Collections Collections Collections Delinquent Collections 7/1191-6/30192 7/1192-6/30/93 7/03-6/36/94 7/1194-6M/95 7,01195-6/.10/96 i (Total Base Tax + Pdet • collected 7/1-61.10) $14, 27,809 1216853 114 802 1233957 LI 172,731 E f Effectiveness ~95% I- I 109% 13396 153% 0 • • BGSM began collections for Denton ISO on I/1/92. , n. M~eot 1 ) e Q Blair, Goggan, Sampson & Meeks and Mike Gregory Performance for the Denton ISD 11irnover Decline Effectiveness Increase File Peer iar>,oser Declilt Effecliseness Ratio - 1991 to 1495 Increase %I% it % 0735434> 1991 to 1995 RI:.\I til.llht.tsA <49c1o> 1 c~ lnn~ R1;~~1 RI IS %I ~ - AG~SI ^r SI,fM1,1uJ 133 ' al : SI,M'tp>n R(ICq ' t _ ~ f ~ SD:D.DIM1 S'M1i,9lJ A1,a11 ar .I 1114 11A~r C? D! F 010% aJ !i I a ,a , IV91 ~__I_p92 ! _L D9}_L__IVVe 1191, / a 1991 IS 19929! 19f}9//: _19919! I49!96 AIMI hrpn rnll"Ili n.l 1 1 92 r AI:a\I hrhon rdL~Ym I 14` Current xa Fite ul timed mer in No firma let luh Toal mlkainn! Ihaw . Pdl elp"m it 9 peronllpe of hne rls larm aer The Bottom-Line" Despite the dramatic decline in tax turned over to BGSNf wnd Alike Gregory, the effectiveness of collections (ratio of total delinquent collections to { base turnover) continues to increase. r~ • • • 1 I t Delinquent Tax Collection Effectiveness for the City of Dallas/Dallas ISD (Comparison of Delinquent Turnover to Bose Tax + P&1 Collections) Year 1991/92 1"2/93 1993/94 1994/95 1995/96 f Law Firm BGSbf BGSM BGSM BGSM BGSM Turnover on Turnover on Turnover on Tu mover on Turnover on Current Year Turnover 7.1.91 7-1.92 7.1.93 7.1.94 7•1-95 (Total Base Tax fumed oter to law fl in July) S23.84L414 $26.767.734 52703.463 523973.104 523.541,597 Collections Collections Collections Collections Collections Delinquent Collections ' 711191-&30192 7/1192-&30193 7/1/93.630/94 7ni94-6/30ro5 711r95-l • (Tot aIBase Tax+p& I collected 711.6,30) $3J.002,897 $31.033.3.19 531.927.300 $31.642.189 SAO77.901 • Effectiveness 108°/] L 116%] 15°/, 132%J f7elrfFa6 } I 1 _ ...ter-~ j • • • L BGSM Collection Effectiveness for the City of Dallas/Dallas ISD Current Year Delinquent Base Tax Turnover vs. Total BGSM Delinquent Collections conecuon &st Performance t.rcccu, mess: 108% 116% 115% 132% 148% S }Iflanu $40 r I 534,877,901 i $35 531,002,897 $31,035,519 S31'927,300 $31,642,189 i ` $30 S $ $27 f ' i $25 $ $ $20 i $15 I I i c L - S5 7A1412 - - - 1ALfr3 7A3-" 1A44AS - --7,154% I Collection Effectiveness has Steadily Increased Over the Last 5 Years: e Collections Increase $3.9 million over 1991/1992 0 Turnover Declines W Same Period by over $S.3 million i Despite Less Delinquent Dollars, BGSM Collections Reach All-Time Hfigh Curren) year base tax mmver on July 1. Toul Delinquem CoNctioas (base ux, P$i and attorney fees). • • • , r ) I Delinquent Tax Collection Effectiveness for the City of Sherman (Comparison of Delinquent Turnover to Base Tex + P&I Collections) Year 1991/92 1992/93 1993/94 1994/95 1995/96 Law Firm BGSM BGSM BGSM BGSM BGSM f' Turnover on Tumover on Turriover on Turnover on Turnover on Current Year Tumover f 7.1.91 7.1.92 7.1.93 7.1.94 7-I-93 (Total Bast Tae tumed over to law (inns in July) $214,731 $178.$21 $155.18Q $166,683 5155,951 _ Collections Collections Collections Collections Collections Delinquent Collections 7/1,91-6/30/92 7/1/92.6/30/93 7/t/93-6/30/94 7/1194.6130195 7/IR5-6/30196 O (Total Bast Tax+P&I collected 7/1.6/30) $281.880 $226.624 5165,424 S131,868 $210,174 I • Effectiveness ! ! r _E31% -127%~ 107%- 108%~ L _135% 0 i n.~~r rn i • - • • • 3. Law firm has to show capability to staff and operations sufficient to efficiently process up to 15,000 delinquent accounts annuaUy. Threugh successful collections, BGSM has demonstrated that we have sufficient staff and resources to process the delinquent accounts of the City of Denton. Our Denton office, at its current staffing level, provided collection services to the Denton ISD from 1992 until January 1997, thereby affirming our ability and capacity to process the City's delinquent accounts. Furthermore, BGSM has the resources which allow our law firm to serve the largest taxing jurisdictions in the State, including Dallas, Tarrant, Bexar and Ha,ris counties. We process over 2,000,000 delinquent accounts per year. Some of our larger clients include: Ueut Deliaquei tAcoo= BGSM Dallas County 78,635 City of Dallas\Dallas ISD 56,582 Tarrant County 59,155 Grayson County 11,499 HGB&W Harris County 244,027 Houston ISD 123,478 Bear County 57,385 r City of San Antonio 43,516 San Antonio ISD 17,552 BGSM employs a staff of over 75 and Heard, Goggan, Blair & :Villains employs 175, including 40 computer specialists that will be responsible for the data processing support for the City of Denton contract. For additional information, please see Section H. Introduction to the Law Farms, Section IV. Project Team and Offices and Section VH, Data Processing Capabilities. 4. Firm wid have, or will essaMish, a Denton office by the date the delinquent accounts are turned ~ over to firm, and will provide a 1.800 number, or other toll free service, to its main office. o Since 1986, BGSNI has maintained a fall-senice office In Denton for the purpose of collecting delinquent taxes. In the past decade, BGSM has expendc-cl $1.1 million in Denton, an amount equal to 66% of the revenue generated by our Denton contracts, Our Denton staff is available to work with taxpayers in person or by telephon (817-383-4460) to resolve their delinquency. In addition, a toll-free phone number (1-900-441-0960) continues to be available to the residents of Denton so that they can reach the taxpayer assistance unit in our North Texas Regional Office Q O in Dalla The advantage provided by BGSM's Denton office is the experienced staff which is familiar with Denton taxpayers. In addition, our Denton collection program has the reputation ! for fair, yet serious, pursuit of payment for delinquent taxes. ! Page 6 • • it. Introduction to the Law Firms (RFP Selection Criteria La-b, 2, 3) I Blair, Goggan SatnWn & Meekc I Blair, Goggan, Sampson & Meeks (BGSM) is a statewide law firm principally engaged in the collection of delinquent ad valorem razes with extensive experience and credentials in collection services and software. BGSM is the leader in delinquent tax collections in North Texas by virtue of collecting more tax revenue, by far, than any other law firm and has effectively collected delinquent taxes In Denton since 1986. We originated the philosophy of designing tax collection programs that maximized revenue at the least cost and administrative burden to the client. By pioneering a high technology approach to the delinquent tax collection process, our law firm became the first to offer a state-of-the-art collection program that was aggressive, but fair, and met the individual needs of the client. Our collection progrun comprises an Innovative mix of diverse disciplines including telecommunications, mass and specialized mailings, address and ownership skip-tracing research, traditional trial advocacy and post-judgment enforcernent. We tailor our collection program to meet the Individual needs of each client. To ensure fairness and equity, BGSM provides taxpayer assistance in each office and information for the taxpayer in both English and Spanish. B SSM's professional staff of 75 persons consists of attorneys, certified public accountants, system designers, analysts, computer programmers, managers, finance specialists, public relations specialists, paralegals, collectors, researchers, clerks and secretaries. In order to serve our clients, the BGSM staff is strategically located in six offices throughout North Texas. All of our offices are dedicated exclusively to the collection of delinquent taxes and other governmental receivables and are located • Denton • Sherman • Dallas • Greenville • Fort Worth • Austin The history of our law firm demonstrates the strength of our statewide operations. In January of 1980, e the firm of Heard, Goggan & Blair was formed for the sole purpose of collecting property tares and was surcessful in establishing regional tax collection centers in Dallas, Tarrant and Bexar counties. In January of 1986, Heard, Goggan & Blair merged with Houston-based Blair, Williams & Harrison. In June of 1993, Heard, Goggan, Blair & Williams reorganized and separated its North Texas operations for management and administrative purposes. This was done to achieve maximum flexibility in focusing, on local problems, concerns and opportunities and to recognize the increased lead; rship roles of its resident partners Dekletris A. Sampson in Dallas and Stephen T. Meeks in Fort Worth. This reorganization was reflected in our law firm's North Texas name change to Blair, Goggan, Sampson & Meeks. Page 7 • - • s f Heard, Goggan, Blair & Williams (HGB&W) represents our Central and South Texas clients with offices in the following nine (9) locations: • Houston • Conroe • Angleton • San Antonio • The Woodlands • Laredo • Beaumont • Richmond • Brownsville Our experienced and well-trained persmnel contribute to our overall success in ft industry. The combined strength of our law rum and its 300 employees throughout the State has made us the leader in delinquent tax coBectlon programs. Collectively, our law firm onilem more than $185 mlWon in delinquent property taxes each year for taxing jurisdictions throughout Texas. We have collected over $1.9 bWion since 1980. The Law tf'frrt of Mike- Gaga[y The Law Office of Mike Gregory consists of two attorneys, Mike Gregory and Chance Bradshaw, both graduates of Denton High School. The attorneys are supported by three legal assistants, one of whom is a graduate of Denton High School and two of whom currently have children in the Denton Independent School District. Co counsel Mike Gregory, a graduate of the University of Texas School of Law, has maintained a law office in Denton since 1974. He is a respected Denton attorney and has previously served as president of the Denton Bar Association. Charts. Bradshaw graduated from the SMU School of Law in 1993 and is active in many legal and civic activities. Both Mr. Gregory and Mrs. Bradshaw are certified mediators. In addition, Mr. Gregory is a certified matrimonial law arbitrator. Mr. Gregory and Mrs. Bradshaw have effective working relationships with judges, clerks, deputy sheriffs and constables in Denton County, who are necessarily involved in the collection proves,. Mr. Gregory and Mars. Bradshaw will represent the City In tax lawsiihs In conjundlon with BGSM's attorneys. They will have Mrect Involvement with taxpayers to assist in resolving delinquencies owed to the City of De-won. Mr. Gregory will also monitor the program's collection efforts and act as a liaison with local officials. • E , A O • Page 8 ~g • • III. Collection Performance BGSM's ability to, )~llect delinquent taxes has been demonstrated in the City of Denton, Denton ISD and numerous other clients in North Texas. The following charts compare our effectiveness to that of the City's current firm, McCreary, Veselka, Bragg & Allen (MVBA) and demonstrate the long term effectiveness of our collection program. The undeniable conclusion to be drawn from these comparisons confirms the superior collection performance of BGSM. Chart 1: First Year Performance Comparison We have found that clients which have switched to BGSM after retaining other law Ctrms have consistently achieved significantly higher collection rates in the year following the change. This trend has been evident throughout our history of performing delinquent tax collections for the City of Denton and Denton ISD. Recognizing that the City of Denton is attempting to evaluate and quantify performance from various law firms, we are including the following charts which capture performance data for the City of Denton and Denton ISD, in each coast, either after BGSM was retained or when the City switched from BGSM, collection performance dramatically changed. As shown on the first char on the following page, when the City of Denton hired BGSM in 1986, we were replacing a small Denton firm, Lewis & Coffey. Upon being hired, BGSM increased collections by 122%, resulting In an addition $357,551 in revenue for the City. When the City of Demon changed to McCreary, Vtsellia In 1993, collections decreased 16%, or $69,406, from our last year of performance. This change is shown on the middle char on the following page. In our final year of representation of the City, BGSM collected 5445,541. Durirg MVBA's rust year, the City of Denton's collections dropped to $376,135. (This total does not include the multi-year Peterbuilt account that was paid during MVBA's first year, after resolution of a value lawsuit riled against the Denton Central Appraisal District. Upon resolution, the account was paid timely, but through no effort of eithcr delinquent tax law firm, and was never considered a delinquent account.) Denton ISD also benefitted from the immediate impact of our collection program when the School • District selected BGSM in 1992. In our first year of collections for Denton LSD, we increased collections by $222,161, an 18% increase. We continued to effectively collect delinquent taxes on behalf of Denton ISD until the School Board changed law firms in January 1997 and invite you to i contact Gilbert Beinstein, Assistant Superintendent, or Kathy Arrington, Tax Liaison, at the Denton ISD to d iscuss any aspect of the program we provided the School District. 6 The evidence of this trend Is overwhelming. Stated simply: the City or Denton and Denton ISD 0 have consistently received higher collections with BGSdf and lower collections when using other i J law firms. 1 Page 9 y~ A • • First Year Performance Comparison City of Denton City of Denton Denton ISD BGSM MVBA- BGSM Collections Increase CoAectioae Deereue Collections lacrease 122% - 16% 18% $357 551 Sb5o,339 Soo s445,541 < $69,406 > $222161 y1,468,242 U1 IW ' $1 246 131 f315,135 "00 1 400 Llee $292,188 A 'w !UO _ Toot 1' a eea t --_,be;n _ !w t n ! ,~~irobitsi L92•I3%~ nil _ o (.eNisRCotier BGS.\I BGSM MVBA MVBA BGSNI = Terry Lewis & Dan Coffey M Blair, Goggan, Sampson & Meeks ~J McCreary', Veselka, Beck & Allen I F s Chart 2: Collection Effectiveness Comparison In addition to providing a more effective collection program in our first year of performance. BGSM also consistently maintains a higher level of effectiveness in subsequent years. The foLowing chart, entitled Collection Effecdreness Comparison, evaluates BGSM's performance for Denton ISD for the period July 1995 11rough June 1496, the last complete collection cycle, to McCreary, Veselka, Bragg ,k Allen's (1✓.'JBA) efforts for the City of Denton during the same period. Last year BGSM collected 64.44% of the current year base tax turned over to our law firm by Denton ISD, while MVBA collected! 63.14% for the City of Denton. As demonstrated on the chart, BGSM provides a 1.3% higher colkction percentage than MVBA, The City has established a guidel'ute that 60% of the current year base tax turnover wW be collected within the following twelve months, 'Ellis chart demonstrates our ability to mat this expedstioo and outperform your current firm. This is an especially meaningful comparison because the City and the School District share many of the same delinquent tax accounts. Because the contingency fees are established by State law, a delinquent tax collection contrast is primarily about selecting the law firm which will collect more revenua for a taxing jurisdiction. In comparison after comparison, BGSM has demomtr ated that k Is more effective than any other law firm when it comes to collecting delinquent taxes In Denton. Although'the performance of either law firm would MOO the Ctry.s collection performance goal of 6096, the City would have rnllccted more tevmue lithe kid of performance which BGSM's provided Denton ISD had been provided to the City, 1 • i Page 10 i • -.---.T-- . 1~e.. 4.. N a.c~:wWe.va e~ 0 Collection Effectiveness Comparison Blair, Goggan, Sampson & Meeks vs, McCreary, Veselka, Bragg & Allen July 1995 - June 1996 MBA j BGSM 70% Denton city or ISD Denton 64.44% .S4 63.14% ssa Current Year Base Tax Collections (7j95-6/96) expressed as a percent or Current Year Base Tax Turnover on 711195. v • r r i Charts 3.4: Histodcal Collection Perfortuance BGSM has represented the largest twdng Jurisdictions In North Texas since the early 19#015. Year after year, we have exceeded our own high level of service and collections for the City of Dallas/Dallas !SD and Dallas, Tarrant and Hunt counties which are presented on the following charts. These charts demonstrate additional evidence of our law firm's ability to bKrease cdilections to our first year of service for a taxing jurisdiction. However, the charts also demonstrate the "staying power" of our collection program. Our clients can depend on SGSM to maximize their delinquent revenue collections. • Page i 1 53 ~ i' Blair, Goggan, Sampson & Meeks City of Dallas/Dallas I.S.D. Delinquent Collections July 1983 - June 1996 ' Best Performance Total Collections; $359,892,823 S34.9~ 531.9 53..6 ' ~ . x in ' I $28.6 528.8 53 1 0 $3 1 .0 5_'r 5` 1 $26.4 $22 n 820 7 ' ' 511 I I 'r ISIO I I t10 718'- 7r83- 794 7!85- 7196- 7x87- 7188. 7189. 7190. 1191. 7192- 7193. 7194. 7~95- 683 6!84 685 686 6x'87 6188 6189 6190 6191 6192 6193 6194 6195 6196 Since 1991, current year delinquent taxes turned ove• to BGSNI have declined by $5,305,827 or 18.4%. * 1996 collections increased by $3,235,712 or 10.23% over 1995 collections. l ollectlo s rrwr 1i' f!OS'O Collections N%ith 130"NI n'1!b - J J Blair, Goggan, Sampson & Meeks Dallas County Delinquent Tax Collections July 1984 - June 1996 '`I "o n` Total Collections. $148,506,099 $15 $14.1 $13.0 $14.2 $13.5 S13.8 $12.? $12.7 $12.9' $11.4 $12.1 $9.4 S t o $8.7 $6.5 f 7x83- 7;84- 7185. 716- 7/87- 7168- 7/89- 7/90- 7/91- 7/92- 7193- 7194- 7/95- 6 84 6 85 6x86 6/87 6/88 6/89 6/90 6/91 6/92 6/93 6,94 6195 6196 Jy Since 1996, current year delinqurnt taxes turned over to BGSIN have declined by $2,783,177 or 22.5% ' 1996 collections increased by $802,276 or 6.62% over 1995 collections. ollectiont prior to BGS\I ® Collections rrith BGSM I Blair, Goggan, ,Sampson & Meeks Tarrant County Comparison of Delinquent Collections July 1982 to June 1995 Millions Total Collections: $40,233,227 $4.09 (SI I E S3.99 $3.88 /)3.79 (499°io) ll , (473oi°) 85°.6) E3.71 (4 $4 (463°-b) S3.27 $3.28 $3.30 (409%)(410%) (412°,r°) S2.74 S3' (343%) I I 52.(12 S1,95 52.03 $2.00 (2~2"01 (244°01(254°'°1(250%) S2 900,900 I 10041 ~ I I SI I it l__--1----- Iz iz- 8 1 7 82- 7183 7!84- 7,195 7/86• 7187• 7188 7/89 7!90• 1!91• 7192 7193 7194 r82 6`83 6x84 6,B1 6/86 6!87 6!88 6189 6190 6!91 6!92 6193 6!94 6!95 ~Ir 1m.,urttc rnJudc larranr ('(,unl% only t o cc Iions I)Tior io Ian firm ® Collections Aith lanfirm Blair, Goggan, Sampson & Meeks Hunt County/11unt County Hospital Cnmp~irlwn of Delinquent Tax Collections 't'otal Collections: $8,456,335 S958.371 $992.720 12914 1 ,nlul $844,596 $858,690 (2714) S SAI6 1111 'ii Sti:n,l3i 5817,432 (2604 ! 12634 I 5791,019 (25b41 1249% $787,81 12394 Y ' [ U 1 ~ : `•Ilfl Olt ,AA 1 J X11 ~~n~r69n '%M1n\' '9'6%A X88689 196'90,. '90691, !91692 9:.691 !91694 91699 -.9..v.........♦wcS. u-7.raiiLir~►._[~..y~ ~r.~r. - ~UNJYwl9 i~rr'>t-. O • Charts 7-10: First Year Collection Comparisons with Other Law Firms Recognizing that maximizing revenue is critical for all taxing jurisdictions, we are including the following information and charts for taxing entities which have become BGSM clients within the past few years. These oomparisons graphically demonstrate the superior collection results achieved by BGSM over each client's former law firm. In every instance, collection performance dramatically increased after BGSM was retained. BGSM's increased collections are shown below: CLIENT AGSM PERCENTAGE BGSM DOLLAR FORMER LAW FIRM INCREASE INCREASE City of Carrollton 112.7% 53091203 Wchols, Jackson, Dillard, Hager & -Smith 11.ancaster lSD 15.2% $91 094 Perdue Brandon Fielder City of Arlington 11.3% $21013" Perdue Brandon Fielder Grand Prairie ISD 41.3% $260,233 Wright & Associates We encourage you to 0(xltat:t any of these clients concerning our continued high performance and the level of service we provide on their behalf. Tbese cofi d;m figures have been certified and verified by our r espwlve eliertts. O O - O ra i ~ Page 12 o Y f • • City of Carrollton Collections Blair, Goggan, Sampson & Aleeks Co Blair, Goggan, Sampson Inciejases ections / % & Meeks 2.6 7ll in First Year after Nichols $5$3,647 $500 Nichols, Jackson, Dillard Hager & Smith $274,444 $250 ~ r i $0 _ 3!86.2187 3187-2188 During Contract with Nichols ® During First Year of Contract with BGSM • • Lancaster ISIS Collections Blair, G;iggan, Sampson & Meeks Increases Collections V~ 15.20% ' Blair, Goggan, Sampson in First Year After PBF & hfeeks $750- Perdue, Brandon & $691,770 Fielder $600,676 $500- $250- o I 0 $0 / 10/92-9193 10193-9194 During Contract with Perdue, Brandon & Fielder During Contract with Blair, Goggan, Sampson & Meeks I • • City of Arlington Collections Blair, Goggan, Sampson & Meeks Increases Collections 11.31% in First Year After PBF Blair, Goggaa, Sampson do Meeks Perdue, Brandon & $29072,744 Fielder $2,100 $1,862,165 ,Tro`~~C ~ Lit M 519600 5 r s J di~1 ^~~+7~fiV.e 1q ~ 0 zCn 'S $1,100 !f 1 • $600- $100- During Contract with Perdue, Brandon & Fielder During Contract with Blair, Goggan, Sampson & Meeks ~p t r Grand Prairie ISIS Collections i Blair, Goggan, Sampson & Meeks Increases Collections 41 e27% $890J59 in First Year of Collections $750 $630,526 F N+~ b Xv p Yy s* i $500 M F i Q $250 O 0 $0 7/92-6193 7193.6194 t Prior to Contract with BGSM During First Year of Contract with BGSM 1 • • CJ ion ,xerience in Denton In order to fully describe the effectiveness of BGSM's collection program, it is necessary for us to describe the program we developed and the results we have accomplished in Denton. In the following pages, we will provide excerpts from our recent proposal u Denton ISD. We include this information to further demonstrate the comprehensive nature of the collection program we have implemented in Denton, the effectiveness of our program and our detailed knowledge of the Denton delinquent tax roll. The undeniable conclusion to be drawn from the result of our Denton LSD collection program is that BGSM and Mike Gregory are prepared to provide the City of Denton with an excellent coiledion program. As additional validation of our success on behalf of the School District, we have included a letter of recommendation from Gilbert Bernstein, Asststaot Superintendent for Administrative Services for Denton ISD. Mr. Bernstein's letter confirms BGSM's.gxx ssful performance on behalf of Denton ISD and verifies the School District's decision to change law firms was not based on performance. Highlights PAgt As shown on the following page, entitled Pragrarn Highlights for Denton ISD, BGSM provided the School District with a comprehensive and effective collection program. The results of our program included: • Collections: We collected over $7 million for the School District from 1992 until 1996, including almost S I ,0D0,000 in early business personal property and mobile home collections. Our early collection efforts were the result of a customized collection effort designed specifically for Denton ISD in response to the high level of business personal property and mobile home delinquencies in Denton. • increasing Revenue: When our proposal was submitted to Denton ISD in October 1996, our collections for the first nine months of 1996 were 29% higher than in the previous year. a sign of the continuing strength of our collection program. • • Turnover Decline: We maintained a very effective ^tion program for the School District despite being given fewer current year tax .P'ullars ti Xect. The School District's turnover declined 49% from 1991 until 1995. Our continued effectiveness despite the declining turnover is another example or how our performance was not the reason for the change in delinquent tax collection law firms. • Comprehensive Collection Effort: BGSM takes pride in our complete collection program. As shown on the highlights page, we provide all types of collection activities, including Page 13 ~3 • • Denton Independent School District arKV or eb! Azistan+ su per;metiatl,t fa Abn(n690tiire swvim P.O. Box 1367 Denton, Texas 76262 May 9, 1997 Gentlemen: During the years January 1, 1992 through December 31, 1996, the law firm of Blair, Goggan, Sampson, and Meeks represented the Denton Independent School District in the collection of its delinquent accounts. The firm did a good job with delinquent tax collections, and the district was very pleased with their work. An independent analysis by the district's independent auditor indicated that their percentage of collections over the prescribed time period exceeded the collection percentage of other fires hired by the district in the past. Blair, Goggan...... will do an excellent job In delinquent tax collection. If there are any questicr:, please contact me. Sincerely, ~3.-AW- • Gilbert Bemstein C: Dr. Albert Thomas ` Ms. Kathy Arrington • ~ O O 041- • • Program Highlights for Denton LSA January 1992 - September 1996 I. Total Collections: 048 863 ► Delinquent Collections $6,065,462 ► Early BPP/Mobile Home Collections $983,401 Nine Month Collection Comparison (Jan-Sept): Delinquent Early Tax BPP/MH Total Increase 1/95.9/95 $7609594 $2469757 $1,007,351 > $2919165 1/%-9/% $1,0539770 $2449746 $1,298,516 297v II. lbrnover Decline: Current Year Law Firm Date Delinquency Decrease MVBA July 1991 $1,503,188 r BCSM July 1992 $1,0919794 0735,234> BCSM July 1993 $1,047,300 BCSM July 1994 $929,916 <49%> BCSM July 1995 $767,954 5 Yetr BCSM July 1996 $843,065 Decline • Ill. Other Activities: ► Lawsuits Filed 958 lawsuits for $1,855,448 ► Lawsuits Disposed 738 lawsuits 77% • ► Tax Sales/Writs 13 since Jan 1996 • ► Bankruptcy 267 accounts for $374,560 ► Demand Mailings 18 mailings for 28,636 letters - a 4_~4V will w 4a+..- f e e litigation, tax sales, bankruptcy representation and demand mailings. Any program element desired by our clients can be provided through our comprehensive ool'ection program. { 1 The effectiveness of our collection program for Denton ISD was remarkable. We are extremely proud that the effectiveness of our collection efforts increased by 58% from the School District's previous law fum's efforts. This increase occurred despite the amount of delinquent taxes being turned over to our law firm for cellection having decreased by 49%. The true meson of a stk-cessful collection program is the effectiveness ratio which treasures the relationship between the total delinquent collections (tax, penalty and interest) achieved for a jurisdiction as a product of the amount of base tax turned over for collections. Using this measure, BGSM's and Mike Gregory's effectiveness Increased from McCreary Veselka, Bragg & Allen's performance of 95% for the 1991/1992 collection cycle to our 153% ht the 19951996 collection cycle. In other words, of Oe dollars turned over to us for collections, our efforts were 59% more effective over the past rive years. This increase in effectiveness is detailed on the following chart entitled BGSM/Mike Gregory Performance for the Denton ISD. We belleve a similar increase in effectivenm will be achkved for the City of Denton. Dei;nquxat Tax Roll Analysis BGSM's knowledge of the Denton Area delinquent tax roll is unparalleled. Our industry-leading data processing capabilities allowed us to stratify Denton 1SD's delinquent tax roll over the last five years. Because the City and School District share the same delinquent accounts, we present this analysis of the School District's delinquent tax roll to demonstrate the knowledge we have already accumulated regarding the City's delinquent tax roll. Collection performance is greatly detzrmined by both the economy and the makeup (age, property type and size) of the delinquent tax roll ,n be collected. BGSM analyzes each client's delinquent tax roll on a regtdar bmis In order to customize our collection program to maximize collections. As an example, we have included a Denton ISD September 1996 tax roll analysis for your review. This information illustrates both the depth of our familiarity with the Denton tax roll and our ability to analyze a tax role in a meaningful manner. BGSM continually monitors the status of the tax roll in order to customize our collection program. This information is useful in developing the collections and litigation strategies, assisting in forecasting revenue ® projections, as well as enhancing our knowledge of the composition of our clients' tax roll. p ® I Page 14 { I ~Y V Blair, Goggan, Sampson & Meeks and Mike Gregory Performance for the Denton ISD '11irnover Decline EtTectiveness Increase Fire Vbsr tarty er Declin e EPFeMireness Ratio - 1491 to 1995 Increase ",R\• <$]3$,23a> 1441 W 1495 Itl,.Sf 9,.lt~l,xA <49~1c> 5$% 9n~ . IIC.\t AL~51 N1..51 9I,II".L"'N I U'i 59:9,Vf M1 M. ski NGNI Ill~i yy t f ,1iT/ \ AA !f I 9SM1 i••l~.~19a?.L/199! 11994 1997 Il l9flq H97 IJ INl • R .5\f Npn "11,C00nr I. 192 • Re: Nt M1ee.n ro114'6nn. I I V i uneml keer 1,ve to turnrd oer to I;• rrms Ir !uM T9til cnflMions hue 9 P61 apressrd at a p. ti.nuer of hiv Ut turnm s Bottom Line11 Despite the dramatic decline In tax turned over to BGSM and Mike Gregory, the effectiveness of collections (ratio of total delinquent collections to base turnover) continues to Increase. ° _ _ 4 &swig 119; 1A • • As of Septemb:r 1996, the delinquent tax roll for which BGSM and Mike Gregory had the resporufbiliry to collect comprised tax years 1995 and prior. This delinquent tax roll for Denton ISD/CED included 4,921 accounts that totaled $2,356,964 in base tax. The respective amounts of outstanding delinqueitcy for Denton ISD and Denton CED were $2,141,389 and $225,575. The table below summarizes the delinquent tax rot! for Denton ISD and Denton CED according to property type. The following chart, entitled Denton ISDICED Delinquent Tax Roll by Property Type, graphically demomtrates the distribution of the tax roll. TAX ROLL ANALISIS B: PROPERTY TYPE Number of Total Percent of Property Type Accounts Base Tax Base Tax Due Real Property 969 $1,141,231 48% Personal Property 1,196 $759,521 32% Mobile homes 2,js§ x,212 2021 Total 4,921 $2,366,964 100% The following tables were prepared using the Septet*ber 1996 tax roll information and ana;yze the Denton Independent School District tax roll by property type, size, distribution and degree of delinquency. This type of information is useful in developing our collections and litigation strategy for our clients. For examp!e: • The report entitled Denton ISD Sir of Delinquent Account indicates that there are 275, I or 28%, of the total rest property accounts which owe between $0 and $200 in delinquent taxea, yet only represent 2% of the toW real property delinquency. In contrast, 272 accounts owe more than $1,000 in delinquent taxes. Although the number of small and large accounts are approximately the same, the accounts greater than 51,000 represent $1,410,124, or 78% of the delinquent real property tax roll. These accounts, averaging $5,185 in size, were being aggressively pure led in our collection and litigation efforts. • The same Size of Delinquent Account report details that 2,101, or 76%, of the 2,756 mobile home accounts owe less than $200. Only 10 accounts owe more than $1,000 and represent 2.3% of the mobile home delinquency. s • With respect to aU delinquent accounts, 439, or 8.9%, of the total 4,921 accounts owe $2,372,149, or 57.2%, of the total delinquency, as illustrated by the Size of Delinquent I Accounts report. These accounts average $5,404 each. By comparison, the size of the average account for the entire, total delinquent tax roll is $843. • • 'ihc report entitled Degree of DeUnquency indicates that there Pre 910 personal property • O accounts (out of a total 1,196) totaling $594,246 in base tax that do not owe 1995 taxes. This usually indicates that the personal property has physically left the Denton Independent rr^^ Page 15 V~ I .rat • Denton ISD/CFD Analysis of Delinquent Tax Roil Total Base Tax Due as of September 1996 $29366, 964 $374,560 16%n Bankruptcy Pay Arrangement 23% $552,075 $59,511 2% Lawsuit $225,184 9% 1995 Taxes Rec'd Sept Letle Judgment 6% $134,932 $226,683 10% b ` h1H Past Statue Prior Yr Accts of Limitations • Recd Sept Letter 11% $271,218 $136,994 6% Bad Address 4% 5% $1239237 0 $8.x,676 8% $178,894 SPP Past Statute Exempt/Over 65 Uncollectible of Limitations (~o 9 F • • • r DISD_DTS DENTON ISD OEUNQUENT TAX SUMMARY SEPTEMBER 1996 f I'Y-w E OF NUMBER OF BASE TAX+ 1t" 1995 BASE 1996 ONLY ACCOUNT ACCOUNTS BASE TAX Pal BASE TAX TAX + P i I BASE + P &I 11 yyy REAL PROPERTY 969 $1,036,241 $1,805,321 $385,8:$8 $532,457 $275,897 PERSONAL PROPERT 1,196 $874,754 $1,399,978 $102,134 $140,945 $94,787 MOBILE HOAXES 2,756 $430,394 $942,892 $57,790 $79,750 $55,669 f uTOTAL 421 $2,141,389 54,145,191 =646,762 $753,162 $426,3531 t i~ t • • r • 0CEO OTS DENTON CEO DELINQUENT TAX SUMMARY SEPTEMBER 19% TYPE OF NUMBER OF BASE TAX * 1998 1196 BASE 1998 ONLY ~ j ACCOUNT ACCOUNTS BASE TAX P a l BASE TAX TAX F 81 BASE P a I - - - _ ------"mss-----~ REAL PROPERTY 331 $104,990 $195,877 SO $0 $0 PERSONAL PROPERT 205 $84,767 $158,195 $0 SO SO ( MOBILE HOMES 331 $35,818 $67,543 $0 $0 $0 TOTAL $67 $225,873 N11,bf6 $0 $0 $01 • II • • r. • • k DISD SDA DENTON ISD f SIZE CF DELINQUENT ACCOUNTS SEPTEMBER 1496 DOLLAR NUMBER OF BASF TAX * AVERAGE S AMOUNT ACCOUNTS P&I PERCENTAGE OFACCOUNT~ REAL PROPERTY 0-200 275 38,950.43 2.05% 134.37 200.1000 422 358,148.27 1914% 848.69 1000-ABOVE 272 1,410,224.15 78.11% 5,184.65 TOTAL 969 1,805,320.85 100.00% 1,86108 PERSONAL PROPERTY 0.200 636 101,909.37 7.28% 160.23 200-1000 403 357,956.90 25.57% 888.23 1000-ABOVE 157 940,111.90 87.15% 5,981.97 TOTAL 1,196 1,399,978.17 100.00% 1,170.55 MOBILE HOMES A ± 0.200 2,101 481,196.79 51.0336 229.03 200•i000 645 439,882.77 46.65% 68119 1000-ABOVE 10 21,812,83 2.31% 2,181,28 TOTAL 2,756 942,892.39 100.00% 342.12 • ALL ACCOUNTS • 0400 3,012 620,056.59 14.95% 205.86 2DO-1000 1,470 1,155,985.94 27,87% 786.38 1000-ABOVE 439 2,372,148.88 57.19% 5,403.53 i TOTAL 4,921 4,148,191.41 100.00% 842.96 c_ • • DISDICED_DOD DENTON ISDICED DEGREE OF DEUNOUENCY SEPTEMBER 1996 NUMBER OF BASE AVERAGE 8IZ ACCOUNTS TAX PERCENTAGE OF ACCOUNT REAL PROPERTY FIRSTTW 342 199,925.44 17.52% 584.58 REPEAT 114 116,083.37 1035% 1,035.82 CHRONIC 323 588,012.01 49.77% 1,758,55 NOT OWING 1995 183 174,466.41 15.29% 1,070,35 OTHER 27 80,742.88 7.08% 2,990.48 TOTAL 969 1,141,230.11 100.00% 1,177.74 PERSONAL PROPERTY FIRST TIME 189 68,68818 9.04% 383.42 REPEAT 48 2099.72 324% 534.78 CHRONIC 47 69,351.15 9.13% 1,475,58 NOT OVANG 1995 910 594,245.48 7824% 853.02 OTHER 4 2,839,00 0.35% 0.00 TOTAL 1,196 759,521.49 100.00% 635.05 MOBILE HOMES FIRST TIME 269 40,339.90 845% 149.96 REPEAT 73 18,041.69 3.67% 247.15 CHRONIC 49 33,380,50 7,16% 681.23 NOT OWING 1995 2,355 371,607.48' 7971% 157.80 OTHER 10 2,842.49 0.81% 284,25 TOTAL 2,756 468,212,06 100.00% 169,16 ALL ACCOUNTS d FIRST TIME 800 $308,951.50 13.05% 386,19 REPEAT 233 $160,72478 8.79% 68941 CHRONIC 419 $870,743.66 28,34% 180082 NOT OWING 1995 3,499 $1,140,31935 4818% 332,65 OTHER 0 S8$224.37 344% 2,103.03 • TOTAL 4.921 52,366,96168 100.00% 48019 • d • • School District (if it is no longer on the current year tax roll) and is uncoilevible. Furthermore, 2,355 of the 2,756 mobile home acco.mts, representing $371,607, do not owe 1995 taxes, and therefore also can be considered uncollectible. Together, 3,265 accounts (66.3% of the total accounts) which represent 41 % of the total delinquency do not appear to be collectible. The following pie chart, entitled Denton ISDlCED Analysis of DeIlinyuent Tax Roll, graphically demonstrates the following makeup of the tax roll. Account Status Base Tax Due Percentage Lawsuits $552,075 23% Bankruptcy $374,560 16% Mobile Home Past Statute of Limit. $271,218 11 % Prior Year Accts.•Rec'd. Sept. Ltr. $226,683 10% 1995 Taxes-Recd. Sept. Letter' $225,184 9% Uncollectible' $178,894 8% Judgment $134,932 6% Bad Address $136,994 6% BAP Past Statute of Limitations $123,237 5% Exempt/Over 65 $83,676 4% O Pay Arrangement &59,51 21 Total $2,366,964 100% Includes 1995 tax amours; DmW over to our firm in July 1996 which are not included in any other status. ' Includes accounts which are: uncollectible, less than $5, or residuals from defunct corporations. The collection of a significant portion of the delinquent tax roll is currently either delayed, barred by operation of law or involved in litigation. By grouping the accounts in this manner, these categories break down as follows: Collections Delayed 4 Bankruptcy 16% Payment Arrangement 2% Bad Address fix 24% UncollectiblelBan,ed by Law Mobile Home Past Statute of Limitations 11% 4 Personal Property Past Statute of Limitations 5% Exempt/Over 65 4% O O Uncollectible ggt 28% Page I6 I - - _ ...~....,......,....~......~..:~rt},a't. rt+~rra~F~ . ~ . MIAMI 0 • Denton ISD/CED Analysis of Delinquent Tax Roll Total Base Tax Due as of September 1.996 $2,366,964 $374, 564 16% Bankruptcy Pay Arrangement 23% $552,075 $59,511 2% Lawsuit $225,184 9% 1995 Taxes Rec'd Sept Lette Judgment $226,683 6% $1349932 10% M11 Past Statute Prior Yr Accts of Limitations Recd Sept Letter 11% $271,218 $136,994 6% Bad Address 4% 5% $123,237 ° $83,676 I' o n BPP Past Statute $78+894 Exempt/Over 65 Uncolleclible of Limitations • s Litigation Lawsuits 23% Judgments fix 29% Total 81% A total of Si % of the delinquent tax roll was either in litigation, bankruptcy, urcollectible, or otherwise barred or delayed from our efforts. • V rr Page 17 `4~ oil - • f BGSM prides itself on its long-term client relationships and its unique knowledge of the North Texas area. Our clients have found a successful, long lasting relationship with LGSM provides the highest quality and best performing tax collection program available. By focusing our service area on North Texas, we have developed extensive relationships with the court systems, federal agencies and government officials of Morth Texas which benefit all of our clients. Included for your review are letters of recommendation from some of our clients. We believe their affirmation of our effectiveness, professionalism and abilities is the best evaluation of our capabilities. BGSM is proud of the services we deliver and to have earned the high satisfaction of our clients. We encourage you to contact these Individuals, or any of oAw other clients, to dlsctm otrr law ffrm and approach to collections. David ChBds, Tax Assessor-Collector Dallas County Jayne Morrell, Tax Assessor•CoUector City of Dallas1Dallas ISD Robert Towson, Tax A lessor-Collector City of ShermanlSherman ISD Gary Faunee, Former Assistant Superintendent for Bushsess Lancaster ISD Radeaa Herron, Tax Assesw-Collector Prosper 1SD\City of Prosper Ronnie McClendon, Superintendent Community ISD Anita Hutson, Tax Assessoor-Collector Rio Vista ISD Tom Vandergiff, County Judge Tarrant County Joyce Barrow, Tax Assessor-Colliwor Hunt County I, John Ramsey, Tax Assessor-Collector Grayson County Donna White, Tax Assessor-Collector City of Seagoville John D. Gl llam, City Attorney City of Sherman As requested in the RFP, we have provided a list of all our current arad former clients in Appendix A. • .r Page Is a , law e 0 DALLAS COUNTY DAVID CHILDS TAR A9888801•COLUCTOR January 6, 1997 To Whom It May Concern: This is to express the "perience of the Dan Counn Tax Oftioe with the law firm of Blair, Goggan, Sampson and Meeks. BGSM has served Dallas County since 1984, and the County has been pleased with their performance. Before the hiring of BGSM, the Dallas County District Attorney collected an average of $6 million per year kn delirgtrn taus. Since 1984, BGSM has avenged over $12 million per year in coliections. A number of cities and school districts have contracted with Dallas County for current collections and Blair, Goggan, Sampson & Meeks for delinquent collections, Each of these psrisdicdorb has bee extremely pleased with the services and collection performance provided by the law firm: Grand Prairie ISD City of Seagoville City of Grand Prairie City of Cockrell Hill Lancaster ISD City of Wilmer City of Lancaster As for their perfomwu relative to c(e*edq toms, Dallas County conducted a delinquent tax bid in 1990; a process in which BGSM and other firms competed. The firms were scrutinized in several oaugories, including: l colkWon rates on ) behalf of their top 10 clients 2 op ) specific collection rhea in ueas such as bankruptcies, federal-seized property, seizures and sales, etc. 3) minority practices 4) quality of computer system Ong 6) testimony of client entif a, ud 7) cvmpuative testimony of entitles that have replaced one delinquent to firm with another. Foliowinhg a review of data collected, a bid cornmittee composed of nine elected and appointed county officials, recommended BGSM over the other firm by a unu&nous vote. On further review of the bids, the County Commissioners concurred and voted 5-0 for BGSM. Asa result of BGSM's ten-yen performance and knowledge gained during the most recent renewal process, Dallas Cowvy is convinced that BGSM currently offers the finest delinquent ux collection services available. If you desire st.liaics or any other detailed data, feel free to call me at 214.653-6056. Respectfully, 0 David Childs J Dallas County Tax Assessor-Collector RECORDS BUILDING • DALLAS TEXAS 75202PHONE 1214) 867.7111 f, e CITY OF DALLAS To Whom It May Concern: The law firm of Blair, Goggan, Sampson and Meeks has demonstrated experience in the collection of delinquent ad valorem taxes. The firm has had the collection contract with the City of Dallas and the Dallas Independent School District since 1983. Millions of dollars in delinquent taxes have been collected through their efforts. During the course of our association with the firm, the City has downsized the current collection operation and reduced associated operating expenses. The firm provides an extension of the City's staff concentrating efforts on the collection of delinquent taxes. The handling of customer service calls, correspondence and litigation is done with the same sensitivity and courtesy as is expected from internal staff. in addition to the subjective "treatment of taxpayers", the firm provides measurable and significant results in collections. We have maintained consistently high collection rates through some significantly bad economic times. The firm has served us well, and I can recommend their performance to other entities in need of collection services. Sincerely, J yn orrell A x Assessor/Collector Department of Revenue and Taxation \bgsm.ref j • O • ovurtrrn a ow` w rw7 7 cm w4u wuu iuw naa l I r In g. w:+ • GRAYSON APPRAISAL DISTRICT CHIEF ADMINISTRATOR MEMBERS Of THE BOARD Robes H Tolleson C E (JaCk) Krabapa ASSISTANT CHIEF ADMINISTRATOR Marty R Rayno10s CPA lawsI Bock Sands AnOersen M&IWI l Grynwal0 ►Ska 41c><nh' L4a/gN January g, 1997 705 N Travis, Sherman, Texas 75090 Telephone 903-893-9673 FAX 903497.1835 To Whom It May Concern: As Tax Collector for the City of Sherman and Sherman Independent School District, 1 work closely with the firm of Blair, Goggan, Sampson Ck Meeks. I can heartily recommend them as a firm demonstrating professionalism and aggressiveness in collecting delinquent taxes. The firm conducts periodic mailings throughout the year to all delinquent taxpayers at their expense. In fact, the firm bears all the costs associated with their collection program. This serves to reduce the naffing I would need to conduct the same services. Blair, Goggan, Sampson & Meeks has consistently demonstrated a very high level of Collections. They work the difficult cases daily and E3ever just go for the 'gravy' or easy, money. During their representation, both the City's and School's delinquencies have doclined. This indicates the firm is doing a superior job of collating the delinquent taxes, but they an also making rood taxpayers out of bad. The firm maintains a local office, staffed with local citizens. This enables them to have daily contact locally, as a convenience to our citizens. To my knowledge, the firm has always been the leader in filing suits and obtaining and satisfying Judgments. Also, the banknaptcy activities performed by the firm are top notch. They have obtained monies from bankruptcy court which I would have not thought possible. Blair, Goggan, Sampson & Meeks is a very aggressive firm. Yet, they have always worked • ! well with hardship cases. I believe the McKinney Independent School District would be well f served in selecting them as the School's delinquent tax collection firm, Should you have further questions, please don't hesitate to contact me. Sincerely, I J Robert Tollison Tax Assessor/Collector I - V. wool- • • ! ~1 LANCASTER INDEPENDENT SC400L DISTRICT %W L Pryna &r Ward Wry L fauna, C.PA k Asti Supi,AMaucaon SuponnWndenl Asti. Supi.Sninns i may 9, 1996 To Whom it may concern: I I would like to make you aware that our District ohereed from Perdue, Brandon, Fielder, Collins 8 Mott, L.LP. to Blair, 009P% Sampson ii Meeks (SGSM) for our delinquent tax collection services over 2 years ago. In retrospect, with the benel(tof hindsight, we would make the lame derision again today. We have experienced a significant Increase In the effectiveness of delinquent tax collection efforts both In forma of dollars ooitected and as a percentage of delinquent ores outstanding. This effectiveness has allso been apparent I r, the dec9ino In the amount of current year tax fumed over for collection each year sk" BGBM took over collections. We heve also appreciated the level of communkatfon we have nVeAanad with the attorneys assigned to our District. They have oontfnuousy kept us informed as to that( collection activities on our behalf as well as the results of those sothrltlos. If I oen be of any other assWanoe or provide aiy o6w information piano W Ir" to contact me. Sincerely, Gary L Few" • J I 1 1I05 Wesvidge • P.O.8,01%• Lancrsicr, texas 75146 (214) 2214141 , Fax (214) 227.1102 • • i TAX ASSESSOR-COLLECTOR RADEAN PERRON, RTA PROSPER LS.0-ICITY OF PROSPER i May 9, 1996 1 To Whom It May Concern.- The City or Prosper and Prosper Independent School District retained the law firm of Blair, Goggan, Sampson & Meeks in June 1990. As Tax Collector for the City of prosper and prosper Independent School District, l have worked with BGSM closely over die last S years and 1 would like to make this recommendation on their behalf. i They have worked consistently and persistently in their efforts to collect taxes for prosper. We have maintained a good working relationship with Gary Bennett. Attorney and Jearxtte Butter, Office Manager and are pleased with their efforts In minimizing the delinquent tax toll. We feel they are doing an outstanding job. Blau. Goggan, Sampson & Meeks are aggressive in rhea collections, but have never failed to work will with hardship cases and special situations. They have collected some large accounts for our jurisdiction and also work very diligently to collect the lesser amounts. 1 am pleased to recommend their, to you for possible consideration in the collection of your taxes. Sincerely, Radean Herron Tax Collector • RH 0 O `M I JrP P=:; aai $';rF', i.C bC>r if f:: M.."N'Zo 34'4111 PACfAEA. *L: r ':C•f • Community 9norepen4nl cScAoo/1.r1ricl P.O. Box 400 • Nevada, Texas 75173 (211) 8532474 ~v M January 6, 1997 McKinney ISD Board of Trustces #1 Duvall Street McKinney, Texas 75069 Dear Sirs: 11 is a:th pleasure that I recommend the law firm of Blau, Goggan, Sampson, & Meeks. Community Independent School District retained BGSM in July 1991, to coliea delinquent taxes. During the period from July 1991 through June 1994, BGSM collected over $440,000 in delinquent taxes, penalties, and interest for the school district. The representatives Sum the firm have always exhibited professionalism, an uodersGmdiny, and a willingness to work with our district's tax collection personnel and the taxpayers of the district. It is without hesitation that I strongly recommend the law firm of Blair, Goggan, Sampson, do Meeks. Sincerely, Ronne McClendon Superintendent • i I Pursuing Exeellenq ...~-,-r... • • ,r Rio Vista Independent School District Dr. Sharron Miles, Superintendent Telephone 8171373.2241 Box 369 Rio Vista, Texas 76093 Board of Trunort Byron Cobb Prttidrm Butch flockkr Vice Prrtident Darlene Dumas Secretary Member lackirUMOL, To Whom It May Concerni Carr Roger, Mike Elmore I an pleased to write you in regard to your selection LouisHmeeeky of a law firm to handle your delinquent tax collections. The law firm of Blair, Goggan, Sampson & Meeks delinquent tax collection program has proved to be highly sucessful for the Rio Vista Independent School District. They leave you in complete control of your accounts while they pursue an agressive collection program. The periodic statements are followed by law suits, judgements and fore- closures. Due to the diligent effort of Blair, Goggan, Sampson 6 Meeks the school delinquent taxes have decreased remark- ably since beginning with their delinquent tax collection program in 1992. • The staff and attorneys are always courteous and willing r to assist our tax office beyong the limits of their contract. I highly recommend the law firm of Blair, Goggan, Sampson b Meeks, Attorney-At-Law to represent you in the collection • of your delinquent taxes. + • Sincerely, r.1Y. Anita Hutson Tax Assessor-Collector 1 Rio Vista ISD ~Lr I S 1 ' ;t. • COUNTY ,BUDGE of TARRANT COUNTY TOM VAMEAGRM HQVember 14. 1994 Coi 7I d■4 . 100 End Waetherewd street FAX 017) SUM Fort Worth, Tesas 741"4101 a17)S~M To wham rt May concern: Blair, Goggan, Sampson i Meeks has represented Tarrant county for a number of yeas in the field of delinquent tax collections, In fact, that contractual relationship has only recently been extended for a new term of several more years. our Tax Assessor and Collectors office is high in its praise for the services of Blair, Goggan, Sampson i peeks, on behalf of Tarrant County, I can assure any interested party that the firm is conscientious and diligent in the pursuit of Its responsibilities and has been professional and productive in its relationship, with us. We have great respect for the firm. Sincerely, Tom Vandergrif v s~ J r Fat k~&2wma4m • • f ~Lp~p7l ply` HUNT COUNTY •r POST OFFICE BOX 1042 • GREENVILLE, TEXAS 75403.1042 TAX ASSESSOR-COLLECTOR JOYCE J. BARROW (503 ) 408.41 so FAX (503) 408-4255 E•MAIL-Aeux6boyou.eem January 18, 1996 TO WHOM IT MAY CONCERN: tray I take this opportunity to recommend to you the law firm of Blair, Goggan, Sampson d Meeks & Associates. For approximately 10 years, this law firm has served as delinquent tax attorneys for the County of Hunt and for other jurisdictions in the county. At the present time it represents 10 jurisdictions. in Hunt County. Our working relationship with this firm continues to be excellent due to : e Open lines of constructive communication; e Its attorneys' high degree of professionalism; Willingness on its part to correct and assist with solving problems in a timely manner; • Its filing of tax suits promptly; • Its aggressive seizure of mobile homes and business personal ` properties; and • Its installation of a modem in its office to access our tax office computer system. In addition to these attributes cited above, the firm maintains an excellent staff at the local level. Should your require further information, please contact me. Sincerely, • F C J. BARROW t County Tax Assessor-Collector ! ti • JJB/mp • O ~6 Yi • OFF1t:E OF JOHN W, RAMsEY 100 W. HOUSTON ° SUITE 11 ASsEssOR AND COLLECTOR OF TAKES W) M-TAXS (SM ( PO. BOX 2107 GRAYSON COUNTY W3) 3 (21663) SHERMAN, TEXAS 73091-2107 {9011) 8134~24 223 ~ FAX (9r,4) 21934973 973 July 1, 1996 Re: Blair, Goggan, Sampson and Meeks Grayson County's Delinquent Tax Attorneys TO WHOM IT MAY CONCERN: I am writing this letter on the behalf of the low firm of Blair, Goggan, Sampson and Meeks and their attomey handling the delinquent tax accounts for Grayson County, Mr. Gary Benneft. This firm has represented Grayson County In the collection of delinquent taxes for the past year. The firm maintains a local office and their office staff Is always available and willing to assist In every way possible. I have found them to be very diligent and competent while maintaining professionalism. The percentage of delinquent collections has Improved over the year. The collection goal set by Grayson County has been met which attributes to their dedication and aggressiveness In their tax collection efforts. I have no reservations In recommending Mr. Sennett and the taw firm of Blair, Gogrian, Sampson and Meeks to any entity desiring assistance In delinquent tax collections or related matters. • Very truly yours, L" X&sessor Tf ector of Taxes s Grayson County L' • e JR/kb • r f =1 r i Aoe CITY of SEAGOVILLE 70! N. MGHWAY 175 - MGOV2.E, TEXAS 75159 (2 14) !07-1050 • Fu (214) 207-1691/!67-0269 May 09, 1996 To Whom It May Concern The City of Seagoville contracted Blair, Goggan, Sampson, A Meeks to collect delinquent taxes in August 1987. Their firm has served the City of Seagoville well since that time, Blair, Goggan, Sampson, i Meeks is specialised in delinquent tax collections, and their staff is highly qualified and utilises {I resources that a small City such as Seagoville does not have readily available. Their firm is very effective in coordinating with the Bankruptcy Court in making sure we receive all tax payments due from Bank- ruptcies filed. In addition to the effective collection of delinquent tax pay- manta, the firm provides a variety of useful management reports, such as the summarizing of the delinquent accounts by categories of properties, dollar amounts, and age of delinquency. The staff of the City of Seagoville can attest to the quality of service that this firm provides. Sincerely, r ~e • ,~r1Tt.. ~ftt,e.t.' DDnna K White lax Assessor/Collector i • I t _ ~ • 0 V (1 dj: • • f SHCRnuln LEGAL DEPARTMENT Krona tto. M Sa•»ea FIX No. ts0S1 0e2-1314 May 9, 1996 Mr. Gary BeeoM Esq, Blair, Goligao, Sampson, and Meet 125 North Travis, Suite B-I Sberman, Texas 75090 Re: better of Recommendation Dear Mr. Bennett: It is with Pls"n that I Submit this latoer ofrecommeodetioo to Blair, Goaw% Sampson, and Meeks. As the City stiff member tapoosibie for coot4katinii our delmqueat tax ooiiectioo program, I am hAimstsly familiar with Blair, Gokan, SamPaoe, and Meeks' perforinam record oe behalf of the City of Sharman. Since 1990.)% and your Mn have done an orrtstaedurg job in collecting the City's delinquent taxes. Over the Past six years we have, through your efforts, recovered in excess of $1.6 miliion. The City Council is very Pleased with You work as evidenced by their renewal in July, I"$, of your contract for an additional three yeah. Sincerely, fan D. Gilliam ity Attomey • JDG:pc • b xc: !inn Andrews, City Manager R0. BOX 1100 • 8HEAMAH, Te7fM 76011.1 foe (wS)Wg.rlos (J ` r t} e • IV. Project Team and Offices (RFP Selection Criterion l.f-j, 3, 4) Realizing the importance of accessibility to our clients and taxpayers, BGSM regularly establishes offices in our clients' jurisdictions. These offices provide personal service to our clients and taxpayers. BGSM's Denton office has served the Denton community for eleven years, thus we have clearly met the City's criteria for establishing an office In Denton (Rice Selection Criterion 4). Our North Texas Regional Office, located in Dallas, provides legal, administrative and collection support to all of our offices. BGS.M's Dentm- Our law firm established an office In the City of Denton In 1986. The office is located at 326- G Fast McKinney Street (directly across from the Civic Center), and is accessible to taxpayers, City Nall, County Tax Offices and the Denton County Courthouse. Mr. Stephen Meeks, a partner in our law firm, is the attorney responsible for our Denton collection program. He is assisted with our litigation efforts by Mr. Gary Bennett, attorney, Ms. DeMetris A. Sampson, partner, Mr. Edward Lopez, attorney, and by Ms. Beth WtHer, bankruptcy attorney. Ms. Nancy Primeattx serves as the Regional Manager for our law firm. The Denton office is managed by Ms. Deborah Patton, who has more than 15 years experience in office management and ten years of experience in the collection of ad valorem taxes. A resident of Denton for 14 years, she is active in her community and is a member of the Denton chapter of Business and Professional Women. She has worked in the areas of delinquent Account collections, telephone uaiecdons, skip-tracing and litigation. Ms. Patton manages the day-today operations of the Denton office, coordinates BGSM's litigation efforts and assists taxpayers. Ms Patton is assisted by Ms. Dana Markham and Mr. Ralph Roberts. Ms. Markham is a resident of Denton and attends the University of North Texas where she is majoring in Early Childhood Education. As our legal assistant, she assists taxpayers with questions regarding their delinquent accounts and payment arrangements. In addition, her responsibilities include preparing and filing legal documents and assisting in researching accounts. • Mr. Roberss performs abstracts on accounts targeted for BGSM's lawsuits fled on behalf of our Denton area clients and serves as a client liaison. He is a former Tax Assessor-Collector for Swisher County and has 25 years experience in tax collections. Our local office has a positive financial impact on the Denton community. We support many local businesses, vendors and suppliers and have spent over $10100,000 In Denton since we • opened our office. Our Denton collection program is designed to maximize local participation and involvement. We estimate that 66% of every dollar we earn in attorney fees Is spent in v 4 Page 19 t { O e e Denton and positively impacts the communhy. Typical expenses include salaries, rent, office I supplies and services, research books and subscriptions, equipment purchases, leasing and maintenance contracts, telephones, utilities and contributions to charitable organizations. The Law Office of Mika GrfSoa It is our law firm's practice to associate with attorneys who bring a unique local perspective to the collection of delinquent taxes and provide a broad range of liaison and oversight functions. BGSM has joined with the Law Office of Mike Gregory to provide the highest quality collection services for the City. Mr. Gregory assists BGSM in the monitoring and implementation of our program by serving as liaison with the local bar, press, judicial and other courthouse officials. Mike Gregory will be assisted in these responsibilities by his associate attorney, Charla Bradshaw. Responsibilities for the City of Denton contract will be structured so that Mr. Gregory and Mrs. Bradshaw will share kad attorney responsibUities with BGSM attorneys in UtiWing tax cases on behalf of the City. In addition, Mr. Gregory wW ad as an ombudsman for taxpayers when necessary. Our North Texas (Dallas) Regional Office, established in 1993, has a fine reputation of maximizing de*uent tax collections for taxing units throughout North Texas. lu staff of SO tax professionals consists of attorneys, paralegals, litigation assistants, collectors, researcher, data specialists and adminis .ative personnel, who provide !;,-depth support to our Denton office and thereby extends their managerial, collection, research and litigation capabilities, We maintain a toil-free telephone service (500-d41-0960) to the Dallas office for the use of Denton residents (RFP Selection Criterion 4). The collection efforts of our Denton office are further enhanced by the support of our statewide management, data processing and lawsuit production staffs. Our data processing staff includes over 40 programmers and technicians who perform mailing activities, produce lawsuits, conduct • tax roll analysis, provide lawsuit tracking information and create reports and listings utilized by the Denton office in the collection of taxes. In total, over 70 of the law fun's personnel will be associated with the City of Denton collection program. O Project Team for the City of eton 4 O 0 Blair, Goggan, Sampson do Meeks (BGSM) and Mike Gregory are working together to provide the best possible delinquent tax collection program in Denton. BGSM Partner Stephen T. _ Page 20 i 1 • • Meeks, Mike Gregory and Charls Bradshaw will serve as the lead attorneys to represent the City. The management team who will be responsible for the design and implementation of the Denton workplan is provided below: Mike Gregory Local Counsel - Responsible for Denton ISD Charla Bradshaw Local Counsel - Responsible for Denton ISD Steve Meeks Partner - Responsible for Denton ISD DeMetris Sampson Partner Nancy Primeaux Regional Manager Debbie Patton Denton Office Manager Gary Bennett Attorney Edward Lopez Attorney Beth Weller Bankruptcy Attorney Peggy McCormick Data Manager Gary Coleman Collation Manager Gloria Holmes Litigation Manager Sharon Fordinal Bankruptcy Coordinator We have included for you review the resumes of all key managerial staff which will be assigned to our City of Denton collection efforts. Throughout the year, BGSM utilizes many pan-time employees to assist with collections, research and special projects; however, all positions listed in this section are full-time in nature. In total, over 70 of our law firm's personnel will be associated with our City of Denton collection program in ow capacity or another. BGSM's collection program is the combined effort of our Denton employees, North Texas (Dallas) Regional Office employees, our Metroplex attorneys, bankruptcy and management team, computer professionals, administrators and the BGSM partners, ti Our data processing support is provided by our subsidiary company, United Governmental Services of America, Inc. (UGSA). Our law firm has pioneered the application of high technology in the field of delinquent tax collections and has invested millions of dollars to develop the latest and most successful computer and communication technology for the specialized purpose of collecting taxes. Key members of our staff of 40 computer professionals are also listed, • together with their qualifications and biographical information. O • 1i J Page 21 11 ps-.' • r • it The resumes of these key individuals are included for your review in the following order: Local Counsel: The Law Office of Mike Gregory BGSM Partners and Attorneys Denton Office Personnel North Texas Management Team Data Processing Specialists L=I Counsel- The Law Office of Mike Gn= Mike Gregory, Local Couasel, moved to Denton in 1946 and graduated from Denton High School in 1963. Mr. Gregory then earned his B.B.A. in Finance from the Business Honors Program in 1967 and graduated from the University of Texas Law School with a ).D. in 1970. Mr. Gregory was admitted to the Texas Bar in 1970 and then served as a lawyer and military judge in the United States Marine Corps. He is admitted to practice before the Texas Supreme Court, United States Supreme Court and the United States District Court, Northern District of Texas. He has maintained a law practice in Denton since 1974 and became Board Certified in Family Law by the Texas Board of Legal Specialization in 1976. Mr. Gregory is a member of the American Bar Association and a member and Past-President of the Denton County Bar Association. He is a Past-President of th; Texas Academy of Family Law Specialists and a former Director of the North Texas Family Law Association. Mr. Gregory is a Fellow In the American Academy of Matrimonial Lawyers and an AV rued attorney by Martindale-Hubbell National Directory, the highest rating given by Martindale-Hubbell. He has been a member of the Form Book Revision Committee, Texas Family Law Practice Manual, from 1991 to present. Mr. Gregory has taught Business Law courses at TWU and UNT and has taught a course at TWU entitled "Women and the Law." Cbarla Bradshaw, Attorney, graduated from Denton Nigh School in 1960 and from Texas Women's University in 1987 with a B.S. in Human Relations Summa Cum Laude. Mrs. Bradshaw received her J.D. degree in 1993 when she graduated from Southern Methodist University School of Law where she was on the Dean's Advisory Council, Trial Advocacy Program and directed a research on divorce mediation. She received her Texas law license in • 1993 and is licensed to practice before the Texas Supreme Court and all other Texas cwttrts. Mrs. Bra,ishaw has written articles for continuing legal education seminars and is presently serving on the Advanced Family Law Planning Committee for the State Bar of Texas. She has been an associate attorney in the Law Office of Mike Gregory for two years and thoroughly enjoys trial work, Page 22 y . • • r E BfzSM_Pa-renerrs and Attorneys Stephen T. Meeks, Partner and Responsible Attorney for Denton County Operations, was admitted to the Bar in 1975 after receiving his E.B.A. and J.D. from Baylor University where he was President of the Student Bar and a member of Phi Alpha Delta legal fraternity. He has been engaged in the private practice of law since 1975 and has 18 years litigation experience and seven years delinquent tax collection experience. Mr. Meeks' community involvement includes serving on the YMCA Board of Directors and as a member and former Secretary of the Hurst-Euless- Bedford Independent School District Board of Directors. He teaches 'The Texas Property Tax System,' an education course designed by our law firm and certified by the Texas Education Agency for school board member accreditation. Mr. Meeks is admitted to practice before the U.S. District Court, Northern District of Texas. His professional memberships include the State Bar of Texas and Tarrant County Bar Association. DeMetris Aquilla Sampson, Partner and Managing Attorney for Dallas County Regional Office, was admitted :o the Bar in 1980 after receiving her B.B.A. and her J.D. from the University of Texas at Austin. She also received her L.L.M. (Taxation) from Southern Methodist University School of Law in 1986. She is responsible for general ad valorem tax litigation in the Dallas area. Ms. Sampson's experience includes serving as an Assistant City Attorney for the City of San Antonio, serving as Chief Counsel to the Texas House of Representatives Judicial Affairs Committee, serving as an Assistant District Attorney in Dallas County, and being engaged in the private practice of law. She is admitted to practice before all courts of the State of Texas, the U.S. Fifth Circuit Court of Appeal, the U.S. District Court, Northern District, and the U.S. Tax Court. Her professional involvement includes and has included active participation in the Dallas Bar Association, Dallas Bar Foundation Fellow, Texas Bar Foundation Fellow, inn of Court, and the Past-President of the J. L. Turner Legal Association and the Dallas Association of Black Women Attorneys. Ms. Sampson's community involvement is extensive and includes serving on the East Texas State University Board of Regents, the City of Dallas' Domestic Valence Task Force, the St. Luke 'Community' United Methodist Church Board of Trustees and, until recently, the Dallas Area Rapid Transit Board. She has received many awards for her community service. Most recently Ms. Sampson was honored with the 19% Dr. Martin Luther King Jr. Justice Award by the Dallas Bar Association, the Asian American Bar Association, the Dallas Women Lawyer's Association, the J. L. Turner Legal Association and the Mexican- American Bar Association. She has been named as a 1990 Outstanding Young Texas Ex of the University of Texas. his. Sampson resides in Dallas and has nine years experience in delinquent tax collection. Stephen S. Blair, Partner, was admitted to the Bar in 1967 after receiving his B.A. and J.D. from the University of Texas at Austin. Mr. Blair serves as the Affirmative Action Officer of our law firm. He served for several years as General Counsel and Affirmative Action Officer • to the Texas Education Foundation, Inc., where he gained substantial experience in administering multimillion dollar government contracts. Mr Blair is a former Assistant District Attorney for I Page 23 • • Jefferson County and is admitted to practice before the U.S. District Court, Northern District of Texas. He has 17 years of delinquent tax collection experience and has lectured on ad valorem taxation for the State Bar. Tbomas S. Goggan, III, Partner, was admitted to the Bar in 1967 after receiving his B.A. and J.D. from the University of Texas at Austin. Mr. Goggan has more than 17 years of experience in delinquent tax collection and is active in the establishment of our law firm's litigation policies and represents our clients at the appellate level in complex tax cases. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, and has litigated complex tax cases, both jury and non-jury, in the District Courts, the Court of Appeals, the Supreme Court of Texas, and the Supreme Court of the United States. Mr. Goggan is a former member of the Civil Appellate Law Advisory Commission for the Texas Board of Legal Specialization and has also served on the State Bar's Committees for Continuing Legal Education, Administration for Justice and Administrative Law. He is an author and lecturer for the State Bar of Texas Professional Development Programs, and lectured on ad valorem taxes for the State Bar Advanced Real Estate Law Course. Gary Bennett, Attorney, was admitted to the Texas Bar in 1980 after receiving his J.D. from the University of Texas School of Law at Austin. He has served as President of the North Central Texas Council of Governments and as a member of the Sixth Congressional District Advisory Committee during the 99th and 100th Congresses. Prior to joining the firm, Mr. Bennett served as County Judge for Navarro County. He is currently a member of the State Bar Committee on Ad Valorem Taxation, having served on the Committee since 1989. Mr. Bennett has over six years experience in tax litigation and the general practice of law. Edward Lopez, Attorney, earned his B.B.A. in Finance at Southwest Texas State University and his J.D. from Southern Methodist University School of Law. Mr. Lopez is well versed in tax collection law, having clerked with BGSM for several years while he was in law school. Prior to joining our firm, Mr. Lopez was associated with several local law firms and has worked in private practice. He is licensed to practice in all state courts and in the federal courts for the Northern and Southern Districts of Texas, Mr. Lopez has three years delinquent tax collection exnerience. • Beth Weller, Bankruptcy Attorney, represents our clients in bankruptcy matters. Ms. Weiler received her B.A. in Business Administration from the University of North Carolina at Chapel Hill and her J.D. from Wake Forest University School of Law. She previously served as Staff Attorney in the Office of Staff Counsel for the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. Ms. Weller has extensive bankruptcy and litigation experience, having served as Law Clerk in both the Eastern District of Virginia and the Northern District of • Texas United States Bankruptcy Courts. She is admitted to practice in the State of Maryland, the E~ O • U.S. District Court for the Middle District of North Carolina, State of Texas and the U.S. District Court for the Northern District of Texas. Ms, Weller has three years of tax collection experience. Page 24 • _ - • • • Denton Offike Personnel Debbie Patton, Denton County Manager, has more than eighteen year- experience in office management and ten years experience in the collection of ad valorem taxes. She has worked in the areas of delinquent account collections, telephone collections, skip-tracing and litigation. Ms. Patton is the mother of two, a member of the PTA and the Professional Women of Denton and is active in the Denton County FFA program, Denton County Youth Fair and Pee-Wee league Sports Association. Dana Markham, Litigation Assistant, joinod BGSM in 1996. Ms. Markham assists with the litigation efforts of our Denton office and she works with taxpayers in person and on the telephone to resolve their delinquency. Prior to joining BGSM, Ms. Markham pained extensive customer service experience working as a Senior Sales Support Specialist for Software Spectrum and as a telemarketer for Five Senses, Inc. In addition to working for BGSM, Ms. Markham is attending the University of North Texas where she is pursuing a degree in Early Childhood Education. Ralph Roberts, A6strador, has been associated with BGSM since 1993. Mr. Roberts is a former Tax Assessor-Collector for Swisher County and has over 25 years experience of tax collection experience. Prior to joining BGSM, Mr. Roberts owned Equitable Appraisal Services and also worked in public relations and collections for a tax law firm. He conducts abstracts on all real property lawsuits filed by BGSM on behalf of our Denton area clients. North Texas ManagemeaLL= Nancy Primeaux, Regional Manager, is responsible for the management and coordination of the firm's tax collection program and operations for the City of Carrollton. Ms. Prime,^.ux's responsibilities include client relations and management reporting and she works closely with our clients to assist in revenue projections. She is the former Tax Assessor-Collector for the City of Dallas and Dallas ISD. Ms. Primeaux holds a B.A. in Plan 11 (a liberal arts honors program) and an M.S.S.W. in Planning and Policy Development from the University of Texas at Austin. She is active in several statewide tax organizations and has over fourteen years of tax collection experience. • Peggy McCormick, data Manager, is responsible for coordinating the transfer of tax roll data and demand mailings and assisting in management reports. Ms. McCormick is a former Tax Collection Manager for the City of Grand Prairie. She holds a B.B,A. from the University of North Texas and has fourteen years of experience in the collection of ad valorem taxes. Ms. McCormick is a certified instructor for Texas Association of Assessing Officers (TAAO) and is • a Certified Tax Administrator (CTA). O 0 Gary Cole aan, Collections Manager, holds a Bachelors in Business Administration in Finance Page 2S Q~ 1 I • • from the University of Texas at Arlington. Prior to joining our firm, Mr. Coleman was a Vice- ' President with NatiorsBank. He has 13 years of collection experience and has been with BGSM since 1995. Mr. Coleman is a member of the North Texas and Collin County chapters of TAAO. Gloria Holmes, litigation Manager, is responsible for overseeing the litigation filed by our firm on behalf of the City. Ms. Holmes, a Certified Legal Assistant, holds a B.A. degree in political science with an emphasis in pre-law studies from East Texas State University. She is a member of the State Bar of Texas Division of Legal Assistants, the El Centro College Legal Assistants Association and the Dallas Association of Legal Assistants. Ms. Holmes has 13 years of delinquent tax collection experience. Sharon Foodinal, Regional Bankruptcy Coordinator, earned her B.S. in Accounting Business Management and her Legal Assistant Certification from Lamar University in Beaumont, Texas. She also has attended Durham Business College in Beaumont. Ms. Fordinal has 17 years bankruptcy experience on both debtor's and creditor's sides and over 20 years experience in Business Management. She coordinates all bankruptcy matters for the North Texas Regional Offices. Her responsibilities include assisting in resolving taxpayer disputes involving application of bankruptcy payments, coding new cases, tracking existing cases, referring cases to litigation and collections when appropriate, training personnel in bankruptcy tracking system, preparing correspondence and assisting in drafting pleadings. Data ErQ=1[19 Sp=6169i David J. Dartez,, Systatzs OperWions Manager, started with our law firm 15 years ago and was instrumental in coordinating the development of the first computer technology designed for the collection of delinquent taxes on beh; f of our law firm. He continues to monitor our law firm's development of new software techi ology and improvements on existing systems. Mr. Dartez provides consulting sen ices to our clients on their software and computer needs for tax collection and other governmental functions. He has served as Director of Information Services for Bexar County, Project Leader for Philco-Ford at NASA's Manned Spacecraft Center and was Senior Systems Analyst for the City of Houston. Richard H. Pachecano, Director of Data Processing, received a B.B.A. in Accounting and Business Data Systems from the University of Texas at San Antonio. He joined our law firm in 1983 and is responsible for the direction and management of all phases of the law firm's computer support organization and manages a staff of 43 computer professionals. Mr. Pachecano also participates in marketing efforts of the firm by working with senior client staff members and elected officials on computer-related issues and conducting or participating in software O demonstrations and tax system development workshops, Mr. Pachecano previously served as O O Deputy Director of Information Systems for Bexar County and as Applications Manager responsible for the County's Financial, Tax Collections and Automobile Registration Systems. Page 26 • He is a member of the Texas Association of Assessing Officers. Don O'Brien, DellNuent Operations Manager, holds a B.S. from Miami University of Ohio. Mr. O'Brien is responsible for managing the Delinquent Operations staff. He provides the direction for the maintenance and development of our firm's delinquent tax collection systems and regularly confers with our firm's managers to identify their information needs and possible solutions. Mr. O'Brien also works with client staff members to facilitate the processing of the client's and our law firm's delinquent tax data. He has been employed with our firm since 1986 and has held responsible positions involving all the department's computer systems. Mr. O'Brien was previously employed as a hardware and software representative for Valcom Computer Center. Felix Lopez, Manager of Production and Mailing Control, holds a B.B.A. from St. Mary's University and an M.B.A. from the University of Texas at San Antonio. Mr. Lopez joined our firm in 1987 and is responsible for directing the daily data processing production functions, controlling and verifying accuracy of mailings, and reporting activity and reviewing and analyzing statistical data for all delinquent tax rolls. He supervises nine data processing employees and allocates personnel and equipment resources as needed to complete assigned projects in a timely manner. His responsibilities include the coordination of all the steps In the mailing process. Mr. Lopez was previously employed at Omni Interest, Inc, as Manager of Data Processing. Paula Starnes, Mailing Coordinator, received her B.A. in Management from Southwest Texas State University. She joined our firm in 1988 and is responsible for delinquent and current mailings by coordinating mailings with the respective client, regional office and post office. Ms. Starnes was previously employed as senior production analyst at Alamo Community College District. Martin Pangel, Programmer, received his A.A. from San Antonio College in Computer Scienxs and currently is pursuing his B.A, in Computer Science. Mr. Rangel joined our law firm in 1986 and is responsible for researching and analyzing technical information for new delinquent systems and delegating program and/or system modifications of existing systems to other delinquent programmers. He also supervises three other programmers on assignments, time schedules, special projects and requests. He ensures that system utility programs modification problems are assessed and reported immediately. He was previously employed as the lead 0 computer operator at GPM Life Insurance Company for five years. i r' q Q _ Page 27 lv • • V. Community Involvement B laIG Gdean. SA resort do ttkS Community Involvement The Presence of BGSM in Denton has had a very positive impact on the community during the past decade. BGSM values and encourages good "corporate citizenship" through community and profess" service. Our law firm has been a member of the Denton Chamber of Commerce since 1987, working in cooperation with the Chamber to obtain volunteers for the school 'Speaker Bureau' and other activities. We also support local charities including the United Way, Denton Jaycees, Denton Special Olympics and the D.A.R.E. program. BGSM has supported, through its partners and staff, a variety of worthwhile civic, professional, business and charitable endeavors. Our law firm is also committed to the concept of businesses supporting local performing arts programs and have provided support to the Denton Community Theatre. We are proud of our involvement in Denton and have supported the following activities since 1986: e AAWt•a School Program Denton High School was adopted by BGSM In 1993. We have worked closely with Mr. Wallace to determine the high school's needs and to provide assistance. When it became apparent that the school was in need of classroom dictionaries, we donated 250 Webster Dictionaries and five English-Spanish dictionaries. In 1993 BGSM was the recipient of the Certificate of Merit and we received the Denton ISD Certificate of Appreciation for exemplary efforts in support of the Denton Public Schools in 1995 and 1996. In addition, we developed, in cooperation with the Denton Chamber of Commerce, a list of individuals and organizations who have agreed to speak to the Denton High School students regarding their job or vocation as part of the "Careers: Think About It Now" program. The range of speakers we contacted included municipal officials, court officials, elected officials, data processing managers and representatives from the d- Chronicle. • Teacher Mini-Grant Program Te?rhe~of he Y ar Award and Other Donations For the past three years, our law firm has presented the District with a check for the Classroom Teacher Mini-Grant Program. We are especially proud of our participation in the Teacher Mini-Grant Program, which began in 1992 with a $1,000 contribution and was increased to $2,000 in 1994. Our participation in the "selection process" of those projects funded has been particularly rewarding, because it has allowed us to be a par, of the classroom laming experience. ® Each year since 1992 we have donated a $200 award to the Denton High School ~ • • Teacher of the Year and contributed to the annual Project Grad Nite. i Page 28 qC? • 0 y e • In January 1994, BGSM also contributed $200 to purchase incentives for students to participate in the Accelerated Reading Program. BGSM gave Denton High School $200 to assist with payment of PSAT tests for several students. In 1996 we contributed over $200 toward Denton High School's enrollment fee in the STAR (Student Action for Recycling) Program. Contributed $100 to the Renaissance Program Our law firm makes an annual contribution to the University of North Texas general scholarship fund. BGSM is a contributor to the Denton ISD Scholarship Program. BGSM has participated in the Texas Women's University Cooperative Education Program each year since 1992. In addition, we have offered to conduct taxpayer education seminars, provide speakers and/or contest judges and to provide legal assistance to the Denton ISD Education Foundation. Mike Gregory has maintained a very salve c:,.umunky involvement over the past 22 years In Chy, school, clvk and church activiitks as follows; Civic Activities 9 Past-President and member of the Board of Directors of Big Brothers and Sisters of Denton County • Former Big Brother with Big Brothers and Sisters of Denton County • President of Denton County Bar Association, 1983-1984 • • Past member of Board of Directors of SPAN • Past Pro Bono Legal Advisor to SPAN • Current Pro Bono Legal Advisor to Friends of the Family • Pro Bono legal work for TWU legal clinic and West Texas Legal Services • Past member of the Board of Directors of Denton County United Way • Past Meals on Wheels driver ® • Present member of the Denton Chamber of Commerce J • Present Denton State School volunteer • Former Boy Scout Troop committee member Page 29 ~J • • t • Past Director for Denton County Seat Saturday Fun Run for two years • Past member of Denton County Seat Saturday Planning Committee for two years • Fund raiser for YMCA, Boy Scouts, United Way, Big Brothers and Sisters, Summer Summits, Campus Theatre and Denton Arts Guild • Past-President of Denton County Texas Exes Association Denton LSD Activities • Past School Board Trustee • Treasurer of 1985 Task Force Committce supporting passage of the 38.8 million school bond package which passed on February 23, 1985. In this capacity, Mike Gregory raised funds and gave numerous presentations to PTAs and civic groups • While on the School Board, gave presentations with other School Board members and staff to Moody's and Standard and Poor's on successful bond rating trips • Supported 1996 Denton ISD bond package by writing a letter to the Editor • Volunteer speaker for grades 7-12; speaker at Career Days; past volunteer reader at Hodge Elementary • Former Adopt-a-School participant • Graduate of Denton High School • Both of Mike Gregory's children have graduated from Denton High School and both of his parents were Denton ISD teachers Church - First United Methodist Church • Past Chair of Board of Trustees • Member of Administrative Board • Past youth sponsor • Summer Youth Mission Project in Mexico • Past member of Staff-Parish Relations Committee • Director of First United Methodist Church Foundation • Past member Nominating Committee • Past member Finance Committee • Past-President of Sunday School class • Member of Building Committee for Fellowship Building, 1978.1980 • Present participant in New Member Sponsor Ministry • .r Charla Rrad<shaw's Commygjty Involvement CharIa Bradshaw has been an active Girl Scout Brownie leader for three years. She volunteers all day every other i4onday in her children' elementary school. In October 1996, Mrs. Bradshaw • was Chair of the PTA Fall Carnival Silent Auction that raised approximately $22,000. She is a O O volunteer driver for Meals on Wheels and is on the Advisory Board of Christ's Haven for J Children. Mrs. Bradshaw is a frequent guest lecturer at Texas Women's University. Page 30 O~ • • Vi. Scope of Services (RFP Selection Criterion 2) BasM uw Our collection program merges the disclptines of law and collections with highly sophisticated computer capabilities. Most law firms in this field trail demand letters and file lawsuits. However, the standards which distinguish Blair, Goggan, Sampson dr Meeks from others in the field are personal telephone contacts, taxpayer research and correspondence, comprehensive bankruptcy, federal agency collections and the aggressive prosecution of lawsuits from filing to execution of judgments. While our collection program relies heavily upon data processing techniql!es to manage a large volume of accounts, our efforts are successfu] largely because of the extent of personal attention we expend in our litigation and collection efforts. All taxpayers are treated with politeness and professional courtesy. Although our collection strategy is based upon the maximum automation that technology will permit, the most advanced state -of-the-art technology cannot furnish the discretion, judgment or compassion necessary to provide the level of service on which BGSM prides itself. Therefore, our approach to dealing with taxpayers' resporses to a mailing reflects our keen awareness of their concerns. By notifying all taxpayers, regard;ess of amounts due, and providing a well-trained staff, we endeavor to facilitate the payment of taxes, Written and verbal information Is provided to taxpayers in both Spanish and English. Mike Gregory and Blair, Goggan, Sampson & Meeks believe that a suxessful collection program must be multifaceted, flexible and tailored to each client's specific steeds. Our comprehensive collection program combines telephone collection, address and problem account research, taxpayer correspondence, litigation, bankruptcy proceedings and federal agency 0 collaaionc. One of our most important and effective tools is coordination of our mailings, lawsuits and media attention to create credibility for our collection letters. The following section details Blair, Goggan, Sampson & Meeks' ability to legally provide services described under the Texas Property Tax Code and other relevant laws. Included in the following pages is a description of our scope of services, workplan and methodologies that we have • successfully employed for our clients throughout North Texas, A flow chart on the following • O page, entitled Delinquent Tax Collection Process, gives an overview of our tax collection program. Page 31 e Blair, Goggan, Sampson & Meeks Delinquent Tax Collection Process c ~Aai~lnp ' No Response Problems Return Mail Research OPP Lawsirite. SA~It1r•& f iys~f~rpi;?' No Respons Problems Return Mail Absttaot w K pertji Reel Pro w ~ ~ c~Mti No Response Lawsuits • .i r • Service Setting Judgment Natlcitigr E' 0 0 iayti~e Next cycle a ..«.M,...,~. • • S _ i The City of Denton can be assured that the collection and litigation stratcbics and techniques utilized by BGSM on behalf of our clients are both legal in nature and courteous and professional in manner. Our staff is knowledgeable and trained to follow collection and litigation strategies a:+ prescribed by the Texas Property Tax Code. Furthermore, while property taxes do not fall within the definition of "consumer debt" as defined by the Fair Debt Collections Act, our law firm, nevertheless, adheres to the guidelines set out by the Act with respect to the manner in which we contact delinquent taxpayers. Warkplan and Methodolog BGSM believes that a successful delinquent tax collection program must be multi-faceted, flexible and tailored to each client's specific needs. Blair, Goggan, Sampson and Meeks provides the comprehensive collection services listed below to all of our clients. • Customized Workplan for Each Client • Taxpayer Notification Program - Written Notification Telephone Notification (Collection Calls) and Personal Contact • Address Research/Taxpayer Location Program - Identification of Accounts Requiring Research - Reference Sources Maintenance of Records on File - Business Personal Property Accounts Researched Prior to Suit Filing - Title Verification Conducted Prior to Filing of Real Property Tax Suits • Taxpayer Assistance Program Phone Bank (incoming Calls) • Litigation Process Procedures Followed in Preparation and Filing of Lawsuits Service of Citations . Timely Prosecution of Lawsuits - Collection of Judgments by Execution and Sale • Seizure of Delinquent Business Personal Property Accounts (upon client approval) • Bankruptcy Collections • Federal Agency Collections e • Public Service Information A 0 • Ancillary Legal Services • Management Information Reporting and Coordination Page 32 071 • • Customized Workplans BGSM develops and unties workplans as a management tool for both immediate and long. range planning. The workplan developed for each client is based on our monthly analysis of the client's delinquent tax roll and is customized to take into consideration the collection style and approach advocated by the jurisdiction. Two types of workplans have proven effective: an in- depth Six Month Workplan that targets special collection strategies and variable Monthly Workplans to achieve our overall goals. A detailed profile of the delinquent tax roll is produced monthly to assist in the tracking of collections and the identification of target areas requiring special attention. The North Texas (Dallas) Regional Office management team regularly develops in-depth six- month workplans for our clients. We use this management tool in directing our collection, research and litigation efforts. This workplan, along with monthly workplans and management reports, assists in the determination that we are directing our collection efforts and our perronnel to the highest debar and most problematic groups of accounts. After confirming the target group, the managers develop daily operational plans in an effort to meet our goal of max;,num tax collections. We emphasize not only working hard, but working smart. We use our technology to analyze the tax roll and identify areas where we can maadmlze the revenue collected for each clkot. We have chosen a six-month time frame as appropriate for long-range planning purposes. In January and July of each year a new six-month, in-depth workplan is developed. The basic work-plan is customized to mat the collection needs of our clients and is continually monitored for results and varied when necessary. Included below are examples of the Six-Month and Monthly Workplans that we follow: Six-Month Workplan (July - December) i Julys Lives: I Input Delinquent Tax Ro!I • a Conduct complete analysis of delinquent tax roll • Structure six month workplan • Prepare and mail sample (596) notification letters to eligible accounts • Receive taxpayer response to sample mailink • Identify and correct potential data errors • Prepare and mail (95%) notification letters to all remaining eligible accounts 0 0 • • Respond to taxpayer inquiries and correspondence • Respond to return mail a Establish and monitor payment agreements rr Page 33 1 OLS • • • Initial ownership and address verification on business personal property accounts • Initial telephone collection activities directed toward high dollar accounts • Provide client and media briefing (if desired by client) of collection program • Continue litigation activities from preceding year • Conduct Sheriff's Sale of foreclosed property August Qbjectives: • Conduct ownership and address research on business personal property for lawsuit filing • Conduct title research on real property accounts for lawsuit filing • Increase telephone collection activities • Establish and monitor payment agreements • Respond to taxpayer correspondence and inquires • Initial preparation for second mailing • Initial title search and verification of real property accounts • Continue litigation activities • Conduct Sheriff's Sale of foreclosed property September Qb-jecfives: • Prepare and mail second notification letter to all eligiole accounts • Respond to taxpayer inquiries and correspondence • Respond to return mail • initial batch filing of business personal property lawsuits • Initial research on potential tax seizure candidates (upon client approval) • Continue litigation activities • Conduct Sheriffs Sale of foreclosed property October Objectives: • Analyze remaining delinquency • Prepare real property lawsuits from current year delinquency • Continue with lawsuit filing and litigation acti vities • • Prepare and mail special seizure notification (upon client approval) • Conduct initial tax seizures (upon client approval) • Conduct Sheriffs Sale of foreclosed property Novembe Mj ctiy s. • Prepare and mail special notification letters to high dollar accounts • • Prepare and mail special notification letters to multiple account owners • • • Continue lawsuit filing and litigation activities • Conduct Sheriff's Sale of foreclosed property Page 34 • • December ObJe tc ives, • Prepare and mail other special notification letters as necessary • Continue with lawsuit and litigation activities • Conduct Sheriffs Sale of foreclosed property • Analyze remaining delinquency and develop comprehensive workplan for next six months Activities During the Remaining Six Months of the Year (January - June) • Prepare and mail other special notification letters as necessary • Conduct ownership and address research on business personal property for lawsuit filing • Conduct title research on real property accounts for lawsuit filing • Continue with lawsuit and litigation activities • Continue telephone collection activities • Conduct tax seizures with appropriate media coverage (upon client approval) • Analyze delinquent tax roil • Analyze collection and performance goals • Prepare and mail five-year notice, when applicable Sample Monthly Workplan • Conduct tax roll analysis - Identify bankrupt accounts - Identify federal agency accounts . Identify appraisal and assessment problems • Conduct title research on real property account • Conaiuct ownership and address research on business personal property • Set monthly collection and case disposition goals • Conduct tax dockets Set cases for trial Prepare and enter judgments 0 Prepare and set motions for summary judgment Prepare and file dismissals Prepare and file disclaimers Process interventions filed by non-BGSM's clients Prepare and send pre-default letters - Prepare and enter default judgments , • . Prepare and enter agreed judgments p - Prepare abstracts of judgment and writs of e.ecution • Conduct Sheriff's Sale of foreclosed property • File lawsuits I f Page 35 S I ' i • Prepare and mail intent to seize letters (upon client approval) • Conduct pre-seizure telrphone notification program • Prepare and mail special o,Ailings (i.e., multiple property owner letters, etc.) • Conduct tax seizures (upon client approval) • Prepare client collection reports (as requested) • Update Bankruptcy Tracking System daily • Review federal agency and bankruptcy collections Review overall performance and collection goals • Review status of payment arrangements 0 Analyze delinquent tax roll and prepare for neat monthly workplan i O i 1 ( Pap 36 l Q~ t~ • s Taxpayer Notification Program Objectives To Implement a collection strategy which begins wkb effective notification to taxpayers of their tax obligations, including an soeurate statement of the currett amount of delinquent tax, malty, and interest and tax account number. To build a foundation for multiple collection strategies based on the initial accurate notification of the proper owner or taxpayer. To make personal contact with delinquent taxpayers and to expedite payment. To design and implement specialized collection strategies that target high dollar, multiple, complex or sophistic" accounts, To ensure that all taxpayers receive at least fife written notices of delinquency prior to sak of property. Written NotMiiretion BGSM has developed an extremely sophisticated and effective written notification program. Beginning in July in each year, our top priority is to notify taxpayers of their outstanding delin- quent taxes. Our entire staff is involved with this process during the peak period. This project continues throughout the year on a parallel basis with our other collection strategies. BGSM has developed an efficient laser printed, computer mailing operation which enables our law firm to process the necessary volume of correspondence with a high degree of accuracy and dependability, We are able to prepare and send an accurate statement of account, together with a personalized individual letter quoting demand for payment from our law firm, to every targeted individual on the tax roll within a 72 hour period. T' of Demand Ott o.c a Upon receipt of the delinquent tax roll, we send a tax collection letter to every eligible account. This involves the implementation of a computer program integrating tax information with the text of a letter. We accomplish this procedure through the use of a Xerox 4790 laser printer which generates letter-quality documents at the rate of 7,200 per hour. Page 37 (0 0 • Simultaneously a color-coded remittance document is prepared which details the delinquency in a way most convenient to facilitate payment processing when it is returned to the client's collecting tax office in an enclosed window envelope. The use of separate color coding for each cheat permits instant identification of the Jurisdiction for whkb payment is being made. We carefully orrhritrate the law firm's mailing activity to maximize the Impact and sharply focus the attention of the public on each mailing. We choose a mailing date so that most taxpayers receive the demand for payment tear a payday when funds might be available for prompt payment. If our client desires, we send press releases in advance to all the area media. We make every attempt to choose a mailing date that avoids other media events which would detract from coverage. Quality Control We make every effort to assure the highest level of quality control. Before we mail ratification letters we randomly select 20 accounts from the entire tax roll that represent different types of accounts, exemptions and conditions. Sample letters are generated and sent to the client's tax office which verifies all the information and total delinquent amounts. These same letters are edited and verified by our staff for accuracy. Before the mass mailing, a final production tape is generated and a new set of sample letters from this tape is again printed and verified by our data processing staff. Before all letters are printed, we again do a final check of the letters. To assure the quality control of our Letters, a thorough review is made of statistical reports whkb are generated from the final mailing production tape. After the client's tax office approves the samples, we mai15 % of ail the letters. Response to the 5% mailing is monitored to ensure that no problems exist with the mailing before we mail the entire file. Within three days of the sample mailing, the remaining 95% of notice letters are mailed. ResoogX to Demand_ LPt_ tern • Our clients tax office's immediately begin to receive payments from delinquent taxpayers, and our office receives hundreds of telephone and written inquiries from the delinquent taxpayers within the first few weeks of our initial mailing. ® The response to the mailing allows us to quickly stratify the remaining delinquent tax roll to • • facilitate collection assignments to different components of our law firm. AU returned mail is assigned to our address research staff to perform skip-tracing. Bar coded remittance documents are scanned by a wand reader to produce listings of bad addresses in descending dollar order. 1 Page 38 ~tO _ 0 _ _ 0 • • After our Initial mailing we begin to target delinquent taxpayers and unpaid high-dollar accounts for suit filing. Within 45 days of the first mailing, we have absorbed the impact of the response. At this point we plan a second mailing to real property accounts that have not yet responded and to personal property accounts that have not been identified for suit filings. We target personal property accounts of operating businesses for expedited lawsuit filing. To maintain credibility for the second mailing, we file dozens of lawsuits simultaneously with the second mailing. Accounts that remain unresolved after receipt of our first two demand letters require more specialized collection efforts. We carefully analyze the profile of the retraining delinquency and implement a detailed workp'an to maximize collections. To augment the regular mass mailings, we target select accounts for special mailings which occur from time to time throughout the collection process. These include specialized mailings to multiple property owners, absentee owners, business taxpayers, et al. Each mailing is designed to focus the taxpayer on the imperative reed to promptly address his or her delinquency. Examples of these specialized, targeted mailings include; • Intent to Foreclose • Intent to Seize letters • intent to Sue letters • Intent to Sue letter after abstract, with copy to lienholders and other owners with copies of lawsuit petition attached • Letter to payment arrangement violators • Letter to lawsuits set for trial notifying all defendants of hearing dates, including default cases where such notification is not legally required • Letter notification regarding judgment granted and 'Abstract of Judgment' being • entered • Intent to Sell letter with copy of the Order of Sale ' Every delinquent taxpayer reoelves at least five notification letters prior to judgment ant sale of properly. Semple letters and statements detailing the delinquent tax amounts are • included in Appendix B. Please note that our demand letters inform delinquent taxpayers to send payments directly to the client's tax office and to dared any Inquiries, by phone or %Ating, to our BGSM Denton office, to this way, we ensure that the money is available as I f Page 39 i i, lap, s r • soon as possible to the client, while It Is our job to field the Inquiries from the taxpayers in a way neither the tax office nor client's staff will be burdened by this additional workload. BGSM has found that personal contact is an essential component of an effective collection program. BGSM employs a team of professional collectors whose job Is to tolled delinquent accounts through direct contact with taxpayers. Our collectors have been trained and are knowledgeable of the Texas Property Tax Code, the Fair Debt Collections Ad and each client's collection policies and guidelines. High-dollar and complex accounts, including accounts involving federal agencies, are assigned to our specialized phone collection units. The individuals within our Denton and North Texas Regional telephone collection units are trained to be courteous and understanding, yet persistent. During mailings and other peak season activities, our collectors receive hundreds of incoming telephone calls and are trained in tax matters to provide taxpayers with complete and concise information. Our telephone collection unit tracks assigned delinquent accounts until the tax balance is satisfied. Our collection staff utilizes targeted list of accounts prepared by our data processing department that stratify each client's delinquent accounts both in high dollar descending and alphabetical order. These tools are utilized by our collectors with great effectiveness. Our management team works with each client to determine the approach most suitable to that jurisdiction. For example, homeowners are approached differently than commercial, industrial or undeveloped property owners. Most often a delinquent tax on a home is a result of an escrow problem or recently retired loan, in which case we notify the homeowner of the delinquency and assist them in working with the mortgage company and/or the Tax Office. Assessment problems, posting Parrors and other problems identified during the collection process 1 are given to our research staff to be resolved. Pertinent information is provided to the Appraisal 1 District and Tax Office. This process is sometimes lengthy because of the necessary interaction between the taxing jurisdiction, the appraisal district, the taxpayer and our law firm. I f Page 40 <4 i a • Address Research/Taxpayer location Program Objectives • Conduct address and ownership research on accounts kkudned as having incorrect infaroution • Prior to the " of business persoaai property lawsuits, verity address and ownership information contained on the tax rob • Conduct tick research on all real property accounts prior to w4stim to Mentity all owners and WaboMers and to verity address Information. • Conduct research on problem accounts that impede the collation of taxes. • Notify Tax Office and Appraisal Dbtrki of chances in addrnaa and ownership as Wentified by BGSM. A sutxxsstd tax ai'liection program requires an Intensive and sophbtiated research and _ sIdP effort• Lepers cannot be delivered or citations served without proper addresses for the delinquent taxpayers. We have developed our research system to effectively and efficiently identify and resolve problmm that impede the axrect property owner from receiving our legal notices, Correa property owner identification is critical to the following: • Delivery of demand letters; • Ability of telephone collation personnel to contact the person responsible for the tax; • Determination of current registered agents, resiients, and owners of companies and corporations in order to pr%trly file business personal property lawsuits of request tax warrants; • Determination of lienholders; • Proper service of citations. BGSM has developed the capacity to meet this need through deed and address research, In addition to manual resources, BGSM has direct on-line computer access to numerous information sources. Our staff performs research at various stages in the collection process, including correcting ® addresses from return mail; providing location and phone numbers to our telephone collection ! • J staff; identifying registered agents, corporate officers or assumed name holders and providing better addresses for service of citation. This information is provided routinely on behalf of our Page 41 0 0 • ♦ clients, their collecting tax office and the appraisal district. Listed below is a synopsis of BGSM's address research and skip-tracking process: Identirraeton of Ammintc Reqniring Research • Returned mail received from mailings; • Subsequent to fling of suit, accounts of defendants who have not been served because of inadequate address information; • Business personal property accounts; • Real property accounts; • Accounts on tax roll lacking address information; and • Identification of telephone numbers to be used by tax collectors. • Book/Directory Resources - Telephone Directory and Directory Assistance - Cole's Criss Cross Directory - Polk's City Directory - Rand McNally Credit Union Directory - United States Savings do Loan Directory - Post Office boa holder information, forwarding orders and change orders • Computer Access - County Deed Records . County Assumed Name Records County Marriage License Records - District and County Court Pwords - Zebec . AccuSearch 0 . Phone Disk - Power Finder (CD Rom) - County Probate Records . County, City, School Tax Roll . City Water/Utility Records . Records of the Secretary of state . Trans Union Credit Bureau 0 - Voter Registration Files Motor Vehicle Registration Files I~ • 0 . Most Recent Tax Roll Created by the Appraisal District • Other Sources Page 42 y~~ • • i . - Uniform Commercial Code Records - Telephone contact with taxpayers, neighbors, relatives or descendants of property owners Maintenance of Records on FM • Address corrections are entered on our files, and an 'N' code is placed on the account noting a new address. In subsequent mailings, our updated address is used in place of the outdated address on the tax roll. • Address corrections are routinely provided to the client's collecting tax office and the appropriate appraisal district for their use. Bearing in mind that the goal is to maximize revenue for our client, we initially place special emphasis on larger dollar accounts and on taxpayers who own multiple properties. However, during the course of our collection activities, we give all available accounts proper attention. AU delinquent accounts deserve attentioo, therefore, we diligently research accounts of all cate- gories (i.e., current and prior year delinquent, real estate and business, high and low dollar). Numerous computer capabilities exist to facilitate the search for addresses. Accounts identified as having a bad address, as well as accounts identified by our law firm through returned mail or taxpayer contact, are compiled within our system and cross-referenced by taxpayer name, address, account number and amount owed. Name sort and address sort listings of the entire tax file are also used for multiple account research. Accounts in this category may have a good address on one or more accounts but not all; thus, the existing file can be used as a research tool. Address research is an ongoing process, As new addresses of delinquent taxpayers are found, the information is coded and applied to our in-house file, and sent to our client's tax office and the appraisal district for update. O business Personal Prosy Acconntc Reseerchnd PAnr rn c . rr r Some law firms file business personal property tax suits using the ownership information and address oonfaired on the tax roll. Because the status cf business accounts changes rapidly, BGSM has determined that effective collection of business personal property accounts requires specialized 0 research of accounts prior to suit filing. p d All personal property accounts are rewarrhed by our staff for identiflcatioo and ownership. A high dollar listinb of personal property accounts is prepared for use by our Denton office. The Page 43 1(5 ,.,.r.~.-..iw+.►~P--+**- c., i --`Y*RRAe'~ .or .............r......+ ,4.- s. 7 77 77 • • a. r i research staff finds the correct name and address of the owner, resident or registered agent for these personal property accounts. Each individual account is then contacted and taxpayers are made aware of the taxes due. If the delinquent taxes are not paid in full, or placed in an approved payment arrangement, lawsuits are then filed. Payment arrangements are closely monitored, and if defaulted, the aocount is immediately placed in litigation. i i - Page 44 WO LI A 41 'A r- 10 gg'~ O • Taxpayer Assistance Program Objectives O Provide professional and courteous assistance to ail taxpayers • Provide and manage payment arrangements according to the guiddines yet forth by our clients O Provide verbal and written bilingual assistance, wben necessary Our collection activities, and particularly large mailings, generate a huge number of telephone calls and Idlers. Each call or letter presents an opportunity to solve a concern or answer a question and thereby cause an account to be paid. Likewise, each call or letter creates an opportunity to discredit our effort if it is not handled property. Thus, we place great emphasis on the training and attitude of our firoot line staffs. In our Denton and North Texas (Dallas) Regional offices we have 54 members of our staff available to answer taxpayer inquiries. This number is increased during peak seasons when we handle more than 1,000 taxpayer inquiries per day. Our attorneys are available to answer taxpayer questions and handle special situations as they arise. Ali taxpayers are treated with politeness and professional ecurtesy. Although our collection strategy is based upon the maximum automation that technology will permit, the most advanced state-of-the-art technology cannot furnish the discretion, judgment or compassion necessary to provide the level of service on which BGSM prides itself. Therefore, our approach to dealing with taxpayers' responses to a mailing reflects our keen awareness of their concerns. By notifying ail taxpayers, regardless of amounts due, and providing a well-trained staff for personal Interaction, we endeavor to treat all taxpayers equitably. Written and verbal information is provided to taxpayers in both Spanish and English. O We offer a taxpayer assistance program whereby taxpayers can request payment arrange- ments allowing them additional time to resolve their delinquent accounts. Our payment arrangement programs are based on guidelines authorised by our clients. ® Phone Bank (Incoming Ilcl During peak periods our phone bank in our North Texas (Dallas) Regional Oft e responds to up Page 45 • • to 1,000 calls per day. In Denton, we routinely receive between 50 and 100 calls per day in response to our demand mailings. The nature of the incoming calls vary, including ownership changes, mortgage company problems, bankruptcy, appraisal problems, exemptions and hardships. AU incoming calls are bandied by a well-trained staff whose attitude Is to help taxpayers and their financial nesponsibiUties. Each phone inquiry is documented on a written taxpayer assistance form with information that includes the name of the person calling, date called, delinquent taxpayer's name and account number, amount due, nature of the call and responu given to the person calling. We maintain this information until the account is paid so that we may quickly respond to future inquiries. 1 • J Page A6 ` V • • Litigation Proms Objectives • Conduct thorough research prior to the filing of each lawsuit • Conduct a litigation program that lends credibility to the entire de inqueW tax cottectW program • Target delinquent amounts for Utigation that would not get paid unless they are sued • Prosecute a0 lawsuits filed to judgment and foreclasnre, if necessary • Conduct, if neotgstcry, selizure and sak of business personal property to recover delinquent taxes A successful collection effort must have an effective litigati m component. While every reasonable effort is made to collect a delinquent account without resorting to legal action, it often becomes evident that legal action is the only viable method to collect taxes. Our philosophy is that an aggeeslve, highly visible legal campaign lends vital credibility to the colkction process and therefore renders the demand letter and telephone contacts more effective. We choose accounts carefully for suit, emphasizing high dollar/multiple year accounts. Our task is to educate non-taxpayers to understand that disregarding their tax obligations will inevitably result in sale of their property and imposition of heavy penalties, interest, court costs and attorneys' fees. An effective delinquent tax program makes good taxpayers out of bad taxpayers, resulting in many delinquent taxpayers paying their subsequent year's property taxes before they become delinquent. • Re cant to Fide a tweuot In our experience lawsuits are necessary: I. When Alternatives Are Exhausted: Our law firm trails several warning letters to, and _ • often makes personal telephone contact with, delinquent taxpayers. Thtse efforts trigger • • J a clear signal of imminent litigation. If disregarded, a lawsuit must follow. 2. To Establish Credibility: Lawsuits lend credibility to the entire collation program. ff Q Page 47 1 ` . { ILI, s • Typically, delinquent taxpayers are pei sons who have disregarded repeated notices from I the tax office. The prosecution of tax lawsuits is integral to a successful collection effort. 3. Wbere Perishable Property is Present: Certain business personal property accounts are identified through research and telephone contact to be on the verge of going out of business, thereby putting the claim at risk. Once identified, these accounts are immediately prepared for suit or seizure. 4. To Ce'lect High Dollar/Complex Delinquency: Very often high-dollar accounts are complex in nature. If payment cannot be realized through demand mailings and personal contact by a professional collector, a lawsuit is often necessary to attain the visibility and results necessary. 5. For Problem Resolution: Occasionally an account is so complex (e.g., unknown heirs) that the only way to resolve it is to rJknv the LAM to intercede and force a foreclosure sale for payment of taxes to put the property productively back on the tax roll. BGSM recognizes that (be mere filing of lawsuits is not sufficient. Process must be served and cases must be set and tried to judgment. Judgments must be collected by execution and sale If necessary. It is very important that the taxpaying public not be able to discern a pattern for the filing of litigation. Therefore, cases must be selected across the economic and geographic spectrum. However, to optimise the use of our rwauves, as well as the resources of ik- Court, we give greater weight to higher dollar amounts as well as accounts with multipk years of delinquency wben prioritising our lawsuit flung efforts. Procedures Followed in Preparation and Filing or Lawsuks , Our law firm has the capacity to generate by computer as many lawsuits as the local cxwrt system can effectively handle. BGSM enjoys an excellent working relationship with the District Clerk's office and provides many services in order to expedite litigation. We prepare the petitions and citations in accordance with the Texas Rules of Court, Texas Property Tax Code and local court rules. Informatio .athc oC &iore personal property lawsuits are filed, information extracted from the delinquent tax roll is merged with the updated ownership and address data obtained by our collection/research staff. Our system is such that literally hundreds of personal property lawsuits can be prepared within a r _ Page 48 Z O • ~YYYYIi! • • f V matter of days. Before the filing of real property lawsuits, every account is abstracted for tide verification. We then merge the title information, together with the last known address of the defendant, with accounts receivable information extracted from the delinquent tax roll. Unlike other law firms that file lawsuits `off the tax roll" without performing title research prior to issuing citations, our law suits are well researched in order that they can be prosecuted as expeditiously as possible. Before filing, all legal documents are approved by our attorneys and subjected to stringent verification procedures. All defendant data are rechecked and accounts are once again checked for payment. This procedure eliminates any blind filing errors. The lawsuits are then assembled into suit packets that contain a copy of the petition and citation for each defendant and a file copy of each document. The lawsuit documents are hand-delivered to the District Clerk's office after assembly and verification is complete. In accordance with each client's preference, copies of the lawsuit lists are delivered to the client's tax office. Seryke of Citations We utilize loci sheriffs' and constable's offices and, when necessary, private process servers or certified mail to obtain service on the defendants in our lawsuits. It has been our experience that fifty percent (50%) of the accounts are paid when the defendants are served: therefore, we play great emphasis on quick, effective service. In certified mail cases, our law firm provides the district clerk's office with pre-addressed envelopes to assist the clerk's staff in mailing the citation as soon as possible and to ease the workload. As allowed by law, the costs for service of citations are borne by delinquent taxpayers and included in the court costs associated with the filing of the lawsuit. Our dimes bear no additional costs related to the service of citations for delinquent tax lawsuits. • r T1t~-P1t>it<sCirtlon of Lw~yjts Every lawsuit we file in District Court is prosecuted as quickly it logistics permit. We have an effective, proven system for service of process and continuing review of pending riles for service • on all defendants. Once service of process is obtained on all defendants in a particular case, we • immediately set the lawsuit for trial. Page 44 IZ~ • • G Collection of Jimi nrpL by teeL tton and gale At times it becomes necessary to reduce a judgment to sale. This is an integral pan of our program. Thirty (30) days from the date of judgment, real estate judgments have an order of sale issued and the property is then po up for sale within the legally prescribed time limits. Again, this is the normal procedure in obtaining payment on an unpaid judgment, which is coordinatbd at various intervals with our clients so they can exercise appropriate discretion. With our client's approval, writs of execution an be utilized to collect personal property taxes. In personal property lawsuits, if the taxpayer is still available and has property that an be levied upon for payment of his taxes, a writ of execution is issued for such property to be taken and later sold, similar to the tax warrant process described on the following page. Often, obtaining the writ of execution and appearance of law enforcement officers at the taxpayer's place of business will result in payment. • i • • • PW I" " 016 ~S'SMr 1 r~0i ~v S ~~'~d dL yF~i Y4` , Ir'\ fk 1 . ~r 'r~alLWl 1. F,1lety d'W hp~r l~nb irr44 p.I r,Y; ..~c,,~. iilsiil 1 _ • Seizure of Odiggluent Radom Personal ProperlY Acmunt, In addition to sale under execution, the Texas Property Tax Code provides for summary seizure and sale of business personal property under the authority of a tax warrant. No suit or judgment is necessary, because of the perishable nature of personal property taxes, BGSM has found it effective to use tax warrants and conduct seizures on a limited basis. Due to the rather drastic and summary nature of the seizure remedy, we limit this remedy to a relatively small number of well-researched and documented accounts. Before property is seized, special, notification warning letters stating our 'intent to seize' are trailed to all accounts and physical surveillance is conducted. In addition, telephone collectors attempt collection and determine that the property subject to seizure still exists. Each year BGSM targets hundreds of seizure candidates, yet very few tax warrants result in the actual seizure of property. We feel that we are uniquely qualified to advise the taxing entities regarding 6e legality of seizure and sale. BGSM has twice successfully litigated the constitutionality of this remedy before the Supreme Court of Texas in the cases of Show v. Phillips Crane A Rigging, et at., 636 S.W.2d 186 (Tex. 1982) and QuernaTrackUnes, Inc. Y. State, et al., 652 S.W.2d 367 (Tex.1983). 1-he judgment of the Supreme Court of Texas in the Phillips case was appealed to the Supreme Court of the United States. Upon Motion to Dismiss or Affirm filed by BGSM, the Supreme Court of the United States dismiss:d the appeal for want of a substanrial federal qtr-stion. - I O Page 51 l23 t )A 14 r-Y -+N7 e P , ,r d .~i.mar • • Bankruptcy Complete representation in bankruptcy matters is provided to our clients as pan of our basic legal services. Objectives o Monitor bankrupt accounts • Me proof of dalms • FUe claims for payment of post-petition taxes as admiaMrative expenses • Represent our clients st creditors' meetings a Prepare and file all necessary legal documents The number of bankruptcy cases filed in Texas exploded in the mid-1980's due to the downturn in Ot energy and real estate sectors of the State's ownpmy. Although the economy has stabilized, a high number of bankruptcies continue to be filed each year. The bankruptcy cases filed today tend to be mote complicated and litigious, and debtors are increasingly targeting ad valorem taxes for reduction or disallo vance. Once bankruptcy is filed, ordinary collection techniques cannot be used. Federal law prohibits any attempt by creditors to collect from a bankrupt debtor by means other than those specifically provided for in the Bankruptcy Code. Since a large portion of many jurisdictions' delinquent tax rol!s have been placed under the jur;sdiction of the United States Bankruptcy Courts, BGSM devotes significant resounxs to assuring that the proper procedures are followed to maximize our clients' collections from bankrupt debtors. • The vast rrajoriiy of the bankruptcy gases which involve our clients' accounts are filed in the f Eastern District of Texas in the Piano Division or in Sherman, Dallas, Fort Worth or Houston. I. BGSM has bankruptcy attorneys strategically located in offices across the state to ensure a prompt i response to any develt-pments in case.; in these courts. BGSM is also currently representing its C clients in bankruptcies in almost every state, from New York and Florida to Arizona and Oregon. O • J BGSM's Metroplex Bankruptcy Department includes a full-time attorney, a bankruptcy coordinator, three bankruptcy assistants, and a full-time 1-:nkruptcy clerk. The primary i Page 52 ley • a r responsibility of this department is to oversee the collection of delinquent tax accounts in bankruptcy, but they also act to protect current year taxes of our clients when necessary. The Bankruptcy Department researches delinquent accounts to determine the amounts owed, files proofs of claim, monitors case progress, oversees the distribution of funds from debtors and trustees to our clients, reviews pleadings, and files whatever motions or pleadings are necessary to protect our clients' rights. The Bankruptcy Department utilizes a sophisticated computerized bankruptcy tracking system which enables it to provide the maximum service to BGSM's clients. In all bankruptcy cases the first step is the identification of the bankrupt entity. BGSM uses a variety of resources to identify the debtor and accounts in bankruptcy, such as: • Notices and pleadirgs received from the debtor or the coun; • Phone contacts made by our collections staff; • Newspaper articles; • information found in our pending state court lawsuits; • Responses to our massive mailings • Subscriptions to bankruptcy reports; and • Contacts in the bankruptcy legal community. Once the debtor and aocounts are properly identified, a proof of claim is promptly filed. Chapter 7 liquidation proceedings are then monitored for passage of assets subject to our liens to a non- bankrupt entity and for the personal discharge of the debtor. When either of these events occur, BGSM proceeds to collect the delinquent taxes in rem, based on the lien on the property which was either exempt from the bankruptcy or which is no longer pan of the estate being administered by the Trustee. Chapter 13 individual reorganization cases are monitored to ensure that the plan of reorganization (1) properly classifies the tax claim; (2) provides for the payment of the secured claim amount with interest; and (3) does rat affect the later enforceability of the tax fun(s). Chapter 11 business reorganizations are closely monitored to protect our clients' rights and remedies. BGSM actively participates in the plan approval process to make sure the plan provides for the highest recovery possible under the Bankruptcy Code. Although may law firma follow a defensive strategy in collecting tt-cough the bankruptcy process, BGSM's policy is to be proactive. As part of this policy, the payment of pre-petition taxes under • a plan of reorganization and the duect payment of post-petition taxes are monitored so that proper collection activity can be instituted upon default. When necessary, BGSM objects to r reorganization plans which do not meet its standards, files appropriate motions to allow foreclosures to proceed during the bankruptcy, attends creditors' meetings and questions the debtor about the accounts owed, and appears at hearings w'-,ich might affect our clients' ability to be paid the full amount owed. In addition, BGSM defends against objections to our clients' claims and • attempts to reduce the amount of taxes owed. • BGSM's representation of taxing units in bankruptcy courts throughout the country has resulted Page 53 ~ 25 a • • r in the development of highly skilled attorneys and support staff in this field. This experience has been disseminated throughout the other departments of the law firm through written guidelines, workshops and seminars. BGSM his held several bankruptcy seminars for our clients so that all systems and procedures can be fu' ly integrated. The expertise of BGSM's bankruptcy attorneys is recognized throughout the state and our attorneys are often featured as speakers at bankruptcy and tax seminars. Federal Agency Collections The nationwide collapse of the banking and savings and loan industries has presented new obstacles to the collection of delinquent tax accounts over 6e past few years. As failed institutions were taken over by the federal government, the agencies charged with the task of liquidating their assets have biome major lienholders and landowners in North Texas. BGSM has been at the forefront in fighting the efforts of the Federal Deposit Insurance Corporation (FDIC) to avoid its liability for ad valcwtm taxes. Our law firm has developed comprehensive collection strategies, based in part upon onr bankruptcy experience, whereby we have been able to recover taxes, penalties and interest that may have otherwise gone uncollected. In the early 1990's BGSM's focus was on defending its clients' interests in litigation such as Irving ISO v. Packard Properties. In September 1992 the United States Court of Appeals for the Fifth Circuit ruled in our favor in this case and held that the FDIC cannot extinguish tax liens, including penalties and interest, that attached prior to the FDIC's actual ownership of real property. BGSM also prevailed against the FDIC's attempt to halt foreclosures on property where the government is merely a lienholder. Currently, BGSM works through the federal agencies and tide companies to insure that all taxes, penalties and interest are paid as soon as possible. BGSM has established an administrative claims process that has been successful in collecting payments on behalf of failed institutions from the govenument. Additionally, although federal law prohibits the sale of government owned property, BGSM works with the federal agencies and keeps them aware of the tax liens and the fact that the sale or other transfer of the property will be difficult without clear title, i.e., the taxes, penalties • and interest are paid in full prior to the transfer. BGSM has been recognized as the leader in the field of federal agency collections. We regularly sponsor seminars on federal agency collection strategies, and our attorneys are often speakers on this topic at non-firm sponsored tax seminars. Because of our expertise In this specialized area or collections, and the substantial contacts we have established within the ® federal agencies, BGS1N's clients benefit by a greater and earlier recovery or revenues. O • / Page 54 7 77 • • k Public Service Information BGSM has found that coordinating collection activities with local media coverage can have a very beneficial impact on collections. Media coverage is designed to inform property owners of collection efforts and deter delinquency. If our client desires, and wkb their approval, BGSM will prepare press releases and/or press conferences to announce our annual mailint and litigation efforts. This can be done on a regular basis, Le, on the first mailing, initial suit filings, seizure operations, etc., or on selected occasions such as winning a major lawsuit. Miscellaneous Revenue Collections BGSM will assist the City, as requested, in the legal collection of other delinquent revenue accounts. To neat our clients' needs, we have adapted our tax collection systems to collect other delinquent receivables, , , including paving, weed, demolition and secured closure liens. To create a successful miscellaneous receivable collection effort, we design programs unique to the needs of each client for the collection of these accounts. These efforts generally occur on a limited, and as needed basis. We will be happy to explore with the City how we can provide additional collection services. Ancillary Legal Services BGSM represents our clients in lawsuits arising from collection activities, in-1-3ding the collection of taxes through lawsuits filed by public entities in the acquisition of property pursuant to the Property Tax Code for public purpose use. We represent taxing emitie, in all levels, trial and appellate, in state and federal courts. We maintain an Austin office which facilitates advising our clients on property tax law and practice emanating from acts of the legislature, opinions of the courts, opinions of the Attorney General, and interpretations of property tax law promulgated by %arious state agencies including the State Comptroller's office (Property Tax Division). • / Par SS l 41 • y i Management Information Reporting and Coordination Management reporting is another key to effective client coordination and collection success. We provide our clients with reports concerning collection results, workload and status of accounts. Management of our multi-faceted services requires reliable control of information and accurate reporting. Because of our computer capability, we can provide information that serves as a valuable tool in budgeting and revenue forecasting. Reports can be generated which can be used for the following purposes: • To provide a profile of the delinquent tax roll (by property type, dollar range, years of delinquency and frequency of delinquency); • To track collection progress; • To track lawsuits and the litigation process • To track bankruptcy; and • To highlight problem areas requiring special work programs (e.g., bad address, appraisal problems). Upon request, our staff will provide annual revenue estimates to the City of Denton as part of the City's budget process. We will also assist in providing tax related information should the City of Denton be involved in a bond rating review process. In addition, BGSM will provide the City witb quarterly perform rice reports whkb could be submitted to the City Council for review, If desired, we will appear before our City Council to discuss our collection efforts and address any questions they miy have. - w i page m 12g i.,.. . r, ; • • VII. Data Processing Capabilities (RFP Selection Criterion Lc) Our law firm has pioneered the application of high technology to the delinquent tax collection process since entering 6e field in 1980. From our beginning, representation of the largest taxing jurisdictions in Texas has caused us to invest millions of dollan to develop the very latest, state-of4be-art data processing and communication technology for the specialized purpose of collecting taxes, both delinquent and current. This technology has enabled our law firm to develop software applications that meet the changing needs of our clients for both tax and miscellaneous collection support. Recognizing our clients' growing needs for advanced softwam application, we organized United Governmeotal Services of America, Inc. (U GSA). a computer service company which is wholly owned by our law Cum. Taxing jurisdictions of all sizes throughout Texas have benefited from the technology that we have developed. These capabilities are described in much greater detail below. Also included in this !ection is an itemization of our hardware and software resources. Each year UGSA processes over 2,000,000 delingoeat tax accounts for our clients throughout Texas. We mail approximately 1,500,000 demand letters annually in addition to preparing more than 30,000 lawsuits. BGSM's Dallas Office is equipped to handle in excess of 1,000 taxpayer 0 inquiries per day during peak periods. Our data processing staff designs and creates specialized reports and listings that aid our staff in Denton and Dallas in their collection, research and litigation efforts. We determined early in our practice that delinquent tax collection is a highly specialized area of data processing. However, extensive research revealed that existing software failed to meet our clients' requirements for a high volume collection effort. Consequently, from our inception, we have employed our own systems designers and computer programmers to develop specialized applications of the latest technology for the specific needs of our law firm and our clients. The result has been the development of DELTAX and CATS, copyrighted software systems specially designed to support all aspects of the delinquent tax collection and litigation programs. Most recently, the staff has developed and installed BATS, a statewide bankruptcy tracking system. i As we service our clients througbout the state, we are continuously developing, testing, applying and perfecting our system methods. As new procedures are developed, every client benefits from these new developments and ideas. Data Processing Approach ~ O • The design of our delinquent tax wilection support software is predicated on the belief that the ultimate repository of all tax information is, and should be, the tax records of the taxing Page 57 ~z9 • i • jurisdiction. Therefore, no attempt is made within our system to parallel the dynamic files maintained by our client's tax office. Rather, our system is based upon receipt of periodic, preferably monthly, copies of the Tax Office files reflecting outstanding delinquency. During periods of more intense delinquent collection activity involving high taxpayer contact, more frequent copies of the delinquency riles may be requested to allow our customer service staff and legal assistants to have motv timely records of payments and adjustments to the files. This access provides the most timely information on a tax account for purposes of customer service inquiries, litigation research or other direct contact with taxpayers. Our system retains a complete history of aG collection activities related to each delinquent account. This history system includes the tracking of address changes, increases or decreases in base tax owed, taxpayer inquiries received by our office, the date and type of each mailing, as well as codes to indicate if a letter was returned undelivered. If a jurisdiction has a requirement for special types of history information, such as property value or telephone contact, our system can easily be adapted to those rep O-ements. Delinquent Tax Collection Support Systems UGSA uses DELTAX, a software developed and refined by our own staff through years of actual use to support all aspects of the delinquent tax collection system. The software has been o?timized to take advantage of the best features of computer systems ranging from large mainframes to desktop micro-computers. This diverse combination of hardware and software allows us to combine efficiency wkb personallzed taxpayer service. The computer technology interfaces with all facets of the collection program iv.luding taxpayer assistance, telephone collection, bad address and ownership research, lawsuit generation and management reporting. Based on the workp!ans for each client, the following products are generated: a Regular Mailings - high volume personalized mailings accompanied by detailed tax statements, used for all accounts subject to mass mailing activity; • • Special Mailings - highly personalized low volume mailings usually consisting of 200 or fewer letters to taxpayers falling within selection criteria targeted in the workplan; • lawsuits - tax database and automated title report information merged to produce laser generated petitiau, citations and automated updates to the lawsuit tracking system; • • Sprciafize9 UWngs - reports detailing the status of various portions of the delinquent roll such as bad address accounts, returned mail, accounts available for lawsuit, accounts Page Sg .e • • available for mailing, hardship accounts and other subsets of the m;l; • Alunagmnett Repons - analytical reports of *-x roll information that enable our law firm to design a workplan that maximizes collection efficiencies. The reports may also be used to forecast collections for budgetary purposes. Automated Case Tracking System To more effectively proces,- lawsuits through the court system, our law firm has developed a sophisticated on-line Case Tracking System (CATS) designed for the specific use of our law firm s attorneys, paralegals and litigation assistants. CATS is an on-line computer tracking system designed to track the movement of cases in the courts and generate legal documents. This system gives the litigation staff the ability to inquire into and update a'.I information regarding defendants. plaintiffs, tax amounts, legal descriptions, account numbers and the general litigation status of each lawsuit. This state-of-the-art system provides BGSM with the ability to determine nested acriors to prosecute each lawsuit to final disposition. l Automated Bankruptcy Tracking System The Bankruptcy Tracking System is an on-line bankruptcy tracking and document generation system. The system's centralized file design allows for the consolidation of multiple clent and account uses into one bankruptcy case entry. This permits BGSM to track, analyze and prepare documents for all pending bankruptcies and client accounts on a statewide basin. i Data Prooessing Hardware Resources 1 This section of our proposal itemizes our data processing hardware and related resources. IBM Hardware IBM 9377 Model 90 Diairframe I - IBM 5377/90 II Mainframe with 16 Megabytes of Main Memory and 16 Megabytes Virtual Memory Storage 4 - IBM 3490 Tape Cartridge Drives • 4 - S'fC 4500 Sries Dual Density Tape Drives, 1600/6250 BPI 0 0 J 8- 13M 334( D;sk Drives I - STC 1&0 LPM Printer I - XEROX 1030 Laser Printer capable of printing 50 pages per minute Page 59 . t Syr.--~!~ • - - • . ~YI.MY4l~.1.1- 0 • Operating Systems fif DOS MVTNSE f Lauguages CICS 1.5 COBOL 74 ASSEMBLER DYL-280 VSAM The IBM 9377 Mainframe operates DELTAX, CAT'S and BATS to process delinquent tax infor. mation for each client we represent on more than one million delinquent accounts statewide. Our North Texas (Dallas) Regional Office has on-line access to the system through high-speed data lines. We currently have 75 terminals statewide that access the system simultaneously on a daily basis, while the system can accommodate up to 300 terminal users at one time. The system allows our law firm to merge account information from different taxing entities within a regional area (i.e., county). This enables us to provide the taxpayer with a total balance of taxes owed t4 all taxing entities and the total amount owed by a single taxpayer with multiple properties (i,e„ real estate developer). The system is also helpful in researching bad addresses by comparing addresses of various taxing jurisdictions within one county. Hewlett Packard UGSA has developed and operates the Tax Office Collection and Management i): em used with the Hewlett Packard equipment described in this section. The Hewlett Packard Systems are accessed by high-speed telephone lines from tax offices across the state who utilize the system. Both HP Series computers can collectively process more than one million accounts. This configuration is currently used by the City of Harlingen Tax Office, Harlingen CISD and Los Fresnos ISD for remote processing of tax information. The system can be configured to accommodate 64 terminal users simultaneously or. a daily basis. 8 ~ lIP3000 Series 68 consisting of: 16 MegaBytes of Main Memory 2 - General 1/0 Channel, allowing up to 6 external device each (i.e. disk s drives, tape drives, printers) ' 0 • I 1 - ATP System Interface Board 2 - ATP Direct Connect Port Controller, supporting up to 30 terminals each 10- 7937 571 MB disc drives Page 60 /3Z 0 0 6 • I - 1600/6250 Characters Per Inch Tape Drive 1 - 1600 Characters Per Inch Tape Drive l - 600 Lines Per Minute Printer 2- Remote Printers 1 2- Pentril VCX Intelligent Networking Multiplexnrs 4 - Black Box Multiplexors 4- Black Box 9600 Modems HPMW Series 9351XL consisting of. 100 MegaBytes of Main Memory 3- HP1B I/O Channel, allows up to 6 external devices I - Ethernet System Interface Board 2- 7937 571MB Disc Drives 2 - HP6000 1.34FL 135IMB Disc Drives 3 - H P 16MX DTC allowing up to 16 users on each 1 - Fiber Link interface 1 - 330 Lines Per Minute Printer Novell Network System consisting of: Server: 486-66Mhz PC 1 Gigabyte of Hard Drive Space SCSI-11 Controller Anent Network Interface Card Novell 2.22 Network Operating System Workslations: Include 386, 486 & Pentium CPU's • Minimum 2MB of RAM, maximum 16MB Hard Drive space ranges from 100MB to 800MB Dual floppy drives, high density 101 Enhanced AT Keyboards Super VGA Non-Interlaced Monitors Arent Network Interface Cards 9 120 & 250MB Tape Drives Microsoft DOS 6.22 • • Some PC's include Microsoft Windows for Workgroups 3.11 0 Microsoft Ergonomic Mouse Page 61 /33 s This Local Area Network was used to implement the UGSA Tax Collection System operating on both the Dallas County and the City of Dallas mainframe IBM compatible computer. UGSA has developed and installed software to replace both the Dallas County and the City of Dallas tax collection software. NNoilh T ae Reging2l OfkC S11p rt F WgUXW Personal Computers: Include 386, 486 & Pentium CPU's Minimum 2MB of RAM, maximum 16MB Hard Drive space ranges from 100MB to 800MB Dual floppy drives, high density 101 Enhanced AT Keyboards Super VGA Non-interlaced Monitors 120 & 250MB Tape Drives Microsoft DOS 6.22 Some PC's include Microsoft Windom for Workgroups 3.11 or Windows 95 • Microsoft Ergonomic Mouse • Fax and Remote Accts Capabilities Some PC's include full multi-media, exceeding MPC standards • double alt quadruple speed CD-ROM's • 16 bit sound cards, 44.1 Khz sampling rate • stereo speakers Printers: Hewlett Packard LaserJet Series If's Hewlett Packard LaserJet Series III's Ifew's tt Packard LaserJet Series IV's Hewlett Packard Color Printer 560C i ~ Memorex/Telex 5038 Departmental Printer • Terminals: ADDS 3220 Terminals ITT Courier Terminals e Graphics Equipment 1 • Perq P2 Workstation with Cipher Tape Drive that runs the Intran Metaform _i Graphics software. The Intran Metaform system has four interactive components; Page 62 /34/ ti, . nw~~ryMR~r11!llla~.he+alaMrMlll~ e 0 1) Graphic Builder - Allows the user to design and edit graphic images, signatures, and logos on the screen. 2) Font Builder - Enables the user to create new fonts by modifying fonts that have been brought in the system from a laser printer or other media. 3) Form Builder - Allows the user to design, edit and modify individual forms on the screen. 4) File Manager - Flexible database management system that lets you con!rol how all the pieces of your system integrate with each other. It also allows the user to receive and transfer files from other media devices. I • • ~ ~ 0 0 Page 63 • • YID, Egstal Employment Opportunity and Affirmative Action (RFP Selection Criterion Lk) Blair, Goggan, Sampson & Meeks is an Equal Opportunity Employer. The law firm has always complied with not only the letter but the spirit of the law regarding the Civil Rights Act of 1964, and related equal empicyment opportunity legislation. DeMetris A. Sampson, a partner in the law firm, serves as BGSM's Affumative Action Liaison Officer for our North Texas Region! Office. Our firm demonstrates strong support for minority and women busirte<,~ enterprises, as well as to our commitment toproWing ownership and career opportunities for m_r.xities and women within our firm. BGSM's Affrrmctive Action Program and Minority/Wamen Business Enterprise (M/WBE) Expenditure Plan includes minority and female participation in the following ways: • PartnershlplOwnership Interest: Ms. DeMetris A. Sampson is an African- American female who has been a partner in the law firm since February 1989. • Employment of Minorities and Women Within BGSM: Our firm employs a high percentage of minorities and women, including the ranks of attorney, managerial and professional staff. Total Dsllm Stec Total Minority 66% African American 67% Hispanic 27% Other Ethnic Minorities 6% A nglo 34% Gender; Female 76% Male 24% • Attorney MluaeRriiLand Su rvEso Slaff r Minority 27% Anglo 73% Female 67% • Male 33`A • • Page 64 . -777 O O • Minority Law Clerkship Program: In addition to providing career opportunities through permanent employment, we have also provided a Minority U* Cleriship Program each summer since 1987. • Subcontractors: Our Dallas office contracts with minority and womr! owned firms for legal assistance, process service and abstract and tide research. N ? , of all work subcontracted has been with minority or female businesses. • Vendors and Suppliers: Our firm's policy is to give Pre eraa to M/WBE companies. MAVBE have provided the foliowing goods or services: office supplies, bulk purchase of envelopes, engraved stationery and printing, computer services and equipment, travel needs, temporary labor, refreshment supplies, florists, catering and media relations. During the 1995-1996 fiscal year, our Da11as office expeaded over $1.8 mlBlon with minorities and wow. Our commitment to Affirmative Action and the inclusion of minoritir;. nd women in all aspects of our contract is unparalleled by any other delinquent tax collection law firm. t ® O O Page 63 /3 • • IX. Suggested Perforroaoce Criteria Because an effective delinquent tax collection program is comprised of a comprehensive set of services, we recommend that numerous criteria should be utilized by the City of Denton in evaluating the success of a contract. However, re%vnue production is the reason the contract exists and therefore, should be the key element of consideration. In response to the RFD's request for suggestee performance criteria, we have detailed a number of items which the City of Denton ran quantifiably measure the suaxss of the contract. These include: • Revenue production • Quality and success of the litigation program • Scope of services provided • Degree of account resolution • Degree of law firm's responsiveness to taxpayer concerns • Quality of the data processing capabilities and support provided • Quality and extent of overall staffing and assistance to the City of Denton • Quality of management reporting The most important criterion for the City Denton to udfize In evaluation of the success of the contract is revenue production. This is the primary goal of the contract and can be measured by the City on a monthly and annual basis. A proven and predictable track record Is critkal as both a selection criteria and performance measure. The overall quality and success of the law firm's litigation program can he measured through reporting techniques. The quality of the lawsuit preparation, the timeliness by which the cases • are handled and the disposition are all important performance criteria. The scope of services provided its indicative of the success of the program. A comprehensive set of legal, collection, research and support services should result in a greater amount of revenue. A workplan should be continually monitored and updated based on collection results and information provided in *nanagemt,it reports. Additional performance criteria related to scope • of services include: the amount of generalized and targeted mailings to delinquent accounts, the amount of successful telephone collection calls made, the success of the litigation conducted and the support services provided to the City. Page 66 /3 g • • The extent to whkb problem accounts are resolved, and the law firm's efforts result in improved eolletxibility of a tax roll, is an important performance criteria. The results of various research efforts involving bad addresses, lawsuit service and unlocatable taxpayers can be measured. The degree of a law firm's re•,ponsiveoess to taxpayer coocenxs can be measured by the quality and timeliness of the law frm's correspondence sent in response to taxpayer inquiries, by measuring the volume of tarp tyer complaints and resolution of these problems and by observing the staff assigned to this projex. It goes without question that the staff must conduc, business with taxpayers on behalf of the City in a professional, fair and equitable fashion. The data processing support that the law firm makes available to the City is another important performance criteria. It is critical that the law firm's technology be state-of-the-art, the hardware adequate to handle large quantities of data rapidly, nd the progrAmming staff knowledgeable. The stafMg that the law firm dedicates to the project is an important performance criteria. The quality and experience of the staff assigned to this project are both important determinants. The extent to which the projoct team is resportsive and is capabk of serving as an extension of the City staff is vital to the success of the program. The City can measure the extent of direct and indirect assistance it receives from the law firm and quantify the amount of City staff time. that can be redirected to other projects. The quality and timeliness of the management reporting is important. Reports that detail eollemin results, workload statistics, status of accounts and litigation tracking are helpful to the monitoring of a collection program and serve as valuable tools in revenue forecasting and measuring the success of the law firm's performance. • Page 67 /39 f r. e • X. Division of Responsibilities We have attempted throughout our proposal to describe our law firm, staff, data processing expertise and the scope of services we employ to collect delinquent taxes for the City of Denton. The purpose of this section is to recap the points listed in the City of Denton's Request for Proposals under 'The Law Firm Will' and 'The City of Denton Will.' Responsibilities of t J.tts'.Flt~ HGSM and Mike Gregory affirm their willingness to provide the following services and functions as stated in the RFP: 1. Receive and review the delinquent tax rolls. 2. Substitute as attorney of record on all existing tax suits and interventions; pay all court costs and filing fees related thereto. 3. Perform all research and paperwork necessary to provide taxpayers and City Tax Collector with correct or corrected information to update the City files, including forwarding addresses as located. 4. Submit monthly reports regarding suits filed on accounts and provide City Tax Collector with duplicate letters sent to taxpayers. 5. Provide a quarterly report to City staff in sufficient form that it could be submitted to the City Council for review. Provide monthly reports on pending suits, judgments and foreclosures. 6. File suits on delinquent taxpayers that do not respond in accordance with the demand of and directions provided by the City of Denton. 7. Intervene in delinquent tax suits filed by Denton County and Denton Independent School District, if applicable, pursuant to Sectiuii 33.44, Properti Tax Code. 8. Firm shall be responsible for filing of delinquent tax claims in bankruptcy proceedings; including claims and actions required to be filed with Federal agencies such as FDIC; and consult with City of Denton City attorney's office on such matters. 9. File suits for collection of delinquent taxes pursuant to Sections 33.41 and 33.42, Property 1 Tax Code, or file suits of judicial forerlosure of tax liens. 10. Follow through on all suits and provide reports to the City of Denton. • 11. Provide the City recommendations, for qualified individuals, pursuant to Section 33.02, Property Tax Code, regarding the advisability of an installment agreement being entered into between City and taxpayer. 12. Provide legal support and research as needed. a. Provide recommendations to not pursue a cats if a case is legally barred, is weak, or the likelihood of collection low or unlikely. p b, Provide City of Denton's Assessor/Collector with legal advice and written opinions A 0 upon request. J 13. Only collect those groups or individual accounts which the City of Denton determines in its f Page 68 0 • • discretion are to be collected by firm. 14. Provide all supplies and postage necessary to handle billing and necessary mailings. 15. Obtain appropriate title research and relevant ownership records of all property upon which a suit is to be filed, at firm's expense. 16. Provide total and complete delinquent tax collection, including court filing fees and all other costs, pursuant to Sections 33.48 and 33.07, Property Tax Code, and will indemnify and bold the City harmless in any suits or liability that may result from the firm's delinquent tax collection activities. 17. Propose a method of assuring that the amount of delinquent taxes collected by the Law Firm will be at least equivalent to the amount projected to be collected by in-house staff for each fiscal year of the firm's engagement. (See method of assurance at end of this section.) 18. Propose a method of payment. 19. Be entitled to fees on amounts actually collected while this contract is in effect, pursuant to Section 33.07 of Property Tax Code. 20. Provide information concerning minority involvement regarding the work to be performed by your firm pursuant to this engagement. Indicate the ethnic makeup and the gender of your staff, both at prewnt and projected, if not fully staffed. Also indicate if you would consider subcontracti%g parts of this contract to minority contractors and, if so, please describe your plan to do so. Also indicate your compliance wish EEOC regulations and guidelines. 21. Coordinate the filing of all tax suits with the City Attorney and all tax collection efforts with the City of Denton Tax Department, 22. Provide for orderly delivery of all copies of all complete tax files to be turned over to the City Attorney when the contract is terminated. 23. Make recommendations to Tax Department on accounts to be coLected (i.e. mobile homes, aircraft and business personal property) by summary seizure (Tax Warrants) and perform all legal work necessary to reduce those accounts to payment of taxes pursuant to Sections 33.21, 33.22 and 33.23, Property Tax Code. 14. Maintain collection rate of sixty (60%) percent of delinquent tax base, with penalty clause initiated on the firm should the collection rate fail to reach 60%. 25. Provide concentrated effort toward the collection, within the statute oT limitation period, of delinquent mobile home and business personal property accounts. 26. Upon request by the City, undertake the collection of delinquent accounts for special paving • assessment liens, substandard housing demolition liens, and privileged (mowing) liens. 27, Upon reasonable request, represent the City in the acquisition of property pursuant to the Property Tax Code for public purpose use. 28. The firm should be willing to enter into a three year contract with the City with two additional one year optional extension periods being provided for. • O O Page 69 • • Repo sib lines of the City of Denton BGSM and Mike Gregory accept that the City will perform the following functions: I . Provide a roll of delinquent accounts to be collected. 2. Provide for updated information (i.e. adjustments, payments, errors, double assessments, or other discrepancies) on delinquent accounts to be forwardui to the law firm. 3. Be able to terminate contract for any reason, with or wit2hout cause, upon thirty (30) days' written notice to the firm. 4. Pay the law firm fifteen (15%) percent of the amount of all delinquent taxes (pursuant to Section 33.07, Property Tax Code), penalty and interest actually collected an paid to the collector of taxes during the term of this contract. The collector shall pay said funds to the firm monthly by check. 5. Notify the law firm of any taxpayer that has filed bankruptcy, when the City has bten notified of such. 6. The City will allow firm an additional six (6) months to reduce to judgment all suits filed prior to the expiration of the contract. 7. Prepare and trail tax statements at least thirty (30) days [no more than sixty 1601 days) Prix: to delinquency date, giving notice to the delinquent taxpayers of the potential add-on cost of collection. (RFP Selection Criterion 1.1) Based on our law firm's proven experience from 1986 to 1993 in collecting delinquent taxes for the City of Denton, and our recent representation of Denton AD, we are in a unique position to make collection projectioru. We commit that our collectioru will total at least 60% of the total amount of base tax of current year delinquency that exists on July l (the new 'turnover' roll) by the end of the twelve month period be%nning July l and ending June 30. We will maintain this performance standard during each year of the contract. If we do not meet this commitment, we will supply the City 54,000 worth of legal services, programming and comput•.r services or a cash payment, according to the City's preference. If the City should revise its criteria at any time during the selection process, we would welcome the opportunity to negotiate any additional desired services or enhancements with the City. BGSM pledges to exercise good faith and due diligence in the collection of delinquent taxes for the City of Denton and in our efforts to meet this performance goal. It should be recognized that • the law firm should not be penalized if adverse economic conditions or other factors beyond its i~ O control cause a material reduction in the collection percentage. J Page 70 • • h Appendix A Client Listing • a 1, ~ • • y :r S s e , • B . iR, GOGGAN, SAWSQN AND MEEKS - CLIENT i ISTINC` CITIES CLIENT COUNTY CONTACT PHONE NUMBER ADDRESS Arlington - City Tarrant Dale Hicks Tax Assessor-Collector 817 459-6262 P.O. Box 90090, Arlington, TX 76004 Bedford - City (Tarrant) June Garrison, Tax Assessor-Collector (817) 884-1106 100 E. Weatherford, Fort Worth. TX 76196 Bells - City (Grayson) John Ramsey. Tax Assessor-Collector 903 892-8297 100 Houston St. Sherman TX 75090 Caddo Mills - Cit Hum Joyce Barrow Tax Assessor-Collector 903 455-1210 P.O. Box 1042, Greenville TX 75042 Carrollton - City Dallas Revert Mu h Tax Assessor-Collector 972 466.3128 P.O. Box 115125, Carrolton, TX 7501 l Cockrell Hill - City Dallas David Childs Tax Assessor-Collator 214 653-6056 Records Building, Dallas Texas 75202 Collinsville - City (Grayson) John Ramse Tax Assessor-Collector 903 892.8297 100 Houston St. Sherman TX 75090 Commerce - City Hunt Joyce Barrow. Tax Assessor-Collector 903 455-1210 P.O: Box 1042, Granville TX 75042 Dallas - City Dallas Jayne Morrell Tax Assessor-Collector 214 670-3443 1500 Marilla St. Dallas TX 75201 Dalwo,thington Gardens - City June Garrison, Tax Assessor-Collector (817) 884.1106 100 E. Weatherford, Fort Worth, TX • Tarrant 76196 Denison - City (Grayson) John Ranee Tax Assessor-Collator. 903 892-8297 100 Houston St. Sherman, TX 75090 DeSoto - City (Dallas) Camelia Browder, Dir, of Financial (972) 230-9643 211 E. Pleasant Run Rd, Suite A, Services DeSoto TX 75115 • Euless - City (Tarrant) June Garrison, Tax Assessor-Collector (817) 884-1106 100 E. Weatherford, Fort Worth, TX • J 76196 Forest Hill - City (Tarrant) June Garrison, Tax Assessor- Collector L9731 -1106 100 E. Weatherford, Fort Worth, TX 76196 Frisco - Cit Coll in Frances Justus. Tax Asses -Collector -5 SS P.O. Drawer 1100 Frisco TX 75024 } 4 C7 77 e 0 • c CLIENT COUNTY CONTACT PHONE NUMBER ADDRESS Grand Prairie - City Dallas David Childs Tax Assessor-Collector 214 653-6056 Records Building, DallasTexas 75202 Gunter - City (Grayson) John Ramsey, Tax Assessor-Collector 903 892-8297 100 Houston St., Sherman TX 75090 Howe - City (Grayson) John Ramsey. Tax Assessor-Collector 903 892-8297 100 Houston St. Sherman TX 75090 Joshua - City Johnson Ka Hall, Tax Assessor-Collector 817 558-8101 109 N. Main St., Cleburne, TX 76031 Keene - City Johnson Ka Hall, Tax Assessor-Collector 817 558-8101 109 N. Main St. Cleburne TX 76031 Keller - City Tarrant Donna Benham Finance Director 817 431.1913 640 Johnson Rd. Keller TX 76244 Lancaster - City (Dallas) David Childs Tax Assessor-Collector 214) 653.6056 Records Building, Dallas Texas 75202 N. Richland Hills - City (Tarrant) June Garrison, Tax Assessor-Collector (817) 884-1106 100 E. Weatherford, Fort Worth, TX 76196 Pantego - City (Tarrant) June Garrison, Tax Assessor-Collector (817) 884.1106 100 E. Weatherford, Fort Worth, TX 76196 Pros r - City (Collin) Radean Herron Tax Assessor-Collector P.O. Box 65, Prosper, TX 75078 Quinlan - City Hunt Joyce Barrow. Tax Assessor-Collector 903 455.1210 P.O. Box 1042 Greenville TX 75042 Rio Vista - City Johnson Georgia Jones, Tax Assessor Collector 817 373-2588 P.U. Box 129, Rio Vista TX 76094 • River Oaks - City Tarrant Bob Van TiE City Manager 817) 6265421 4900 River Oaks Ft. Worth TX 76114 Sansom Park - Cit Tarrant Deana McMullen, City Secretary (817162 -3791 5500 Buchanan N. Worth TX 76114 Sea oville - Cit Dallas David Childs, Tax Assessor-Collector 214 653-6056 Records Building, Dallas Texas 75202 Sherman - City (Grayson) -Greg Krueger, Director of Collections 903 893-1234 205 N. Travis, Sherman, TX 75090 • Southma d - City (Grayson) John Ramsey, Tax Assessor-Collector 903 892-8297 100 Houston St. Sherman TX 750% • Tio a - City (Grayson) John Ramsey, Tax Assessor-Collector 903 892-8297 100 Houston St.Sherman TX 75090 Wilmer - City (Dallas) David Childs, Tax Assessor-Collector (214) 653-6056 Records Building, Dallas, Texas 75202 is t_:~ . • • • i SCHOOL DISTRICTS I CLIENT COUNTY CONTACT PHONE NUMBER ADDRESS f Alvarado - ISll Johnson Ben Colwell Superintendent 817 783-6807 110 South Cam as Alvarado TX 76009 Bells - ISD (Grayson) John Ramsey. Tax Assessor-Collector 903 892-8297 100 Houston St., Sherman TX 75090 Aland - ISD Hunt Joyce Barrow Tax Assessor-Collector 903 455-1210 P.O. Box 1042, Greenville TX, 75042 ; Caddo Mills - ISD Hunt Joyce Barrow Tax Assessor-Collector 903 455.1210 P.O. Box 1042, Greenville TX, 75042 Collinsville - City Gran son John Ramsey, Tax Assessor-Collector 903 892-8297 100 Houston St., Sherman TX 75090 Community - ISD Collin Ronnie McClendon Su rintendent 972 853-3474 P.O. Box 400, Nevada TX 75173 Crowley - ISD (Tarrant) June Garrison, Tax Assessor-Collector (817) 884.1106 100 E. Weatherford, Fort Worth, TX 76196 Cumb - ISD Hunt to ce Barrow Tax Assessor-Collector 903 455.1210 P.O. Box [042 Greenville TX, 75042 Dallas - ISD Dallas Jayne Morrell Tax Assessor-Collector 214 670-3443 1500 Marilla St. Dallas TX 75201 Grand Prairie - ISD David Childs, Tax Assessor-Collector (214) 653.6056 Records Building, Dallas, Texas 75202 Dallas/Tarrant • Howe - ISD bra ,son John Ramsey. Tax Assessor-Col?ector 903 892.8297 100 Houston St. Sherman TX 75090 I Lancaster - ISD Dallas David Childs, Tax Assessor-Collects 214 653-6056 Records Building, Dallas Texas 75202 Lone Oak - ISD Hunt Joyce Barrow. Tax Assessor-Collector 903 455.1210 P.O. Box 1042, Granville TX 75042 Melissa - ISD Collin Msry Reed, Tax Assessor-Collector 972 837-2360 P.O. Box 127, Melissa TX 75454 • Prosper - ISD Collin Radean Herron Tax Assessor-Collector 971 347-2313 P.O. Box 65, Pros r TX 75078 • Rio Vista - ISD Johnson Sharon, Miles Superintendent 817 373-2241 P.O. Box 369 Rio Vista TX 76093 Sherman - ISD Grayson) Bob Denton, Superintendent 903 892-9115 P.O. Box 1156, Sherman, TX 75090 Van Alst ne - ISD (Grayson) John Ramsey, Tax Assessor-Collector 903 892-8297 100 Houston St, Sherman TX 75090 I i 01 0 • • • - - CLIENT COUNTY CONTACT PHONE NUMBER ADDRESS Whitcsboro - ISD (Grayson) John Ramsey, Tax Assessor-Collector (903) 892-8297 100 Houston St., Sherman, TX 75090 Wolfe City - ISD (Hunt) Joyce Barrow, Tax Assessor-Collector (903) 455-1210 P.O. Box 1042, Greenville, TX, 75042 COUNTIES CLIENT COUNTY _ CONTACT PHONE NUMBER ADDRESS Dallas Count David Childs Tax Assessor-Collector, 214 653-6056 Records Building, Dallas Texas 75202 Gra son Count John Ramsey. Tax Assessor-Collector 903 892-8297 100 Houston St. Sherman TX 75090 Hunt County -Joyce Barrow Tax Assessor-Collector 903 455.1210 P.U. Box 1042, Greenville TX 75042 Tarrant County June Garrison, Tax Assessor-Collector (817) 884-1106 100 E. Weatherford, Fort Worth, TX • o 4` • • • SPECIAL DIS'nUCTS F COUNTY CONTACT PHONE NUMBER ADDRESS ity College District David Childs, Tax Assessor-Collector, (214) 653.6056 Records Building, Dallas, Texas 75202 ual. Fund al District provement District Bob [.eared Interests, Tax Assessor- (713) 932.9011 11 l1 Katy Frwy, Suite 725, Houston, Collector TX 77079 Denton Road Utility District I1 Bob Leared Interests, Tax Assessor- (713) 932.9011 1111 Katy Frwy, Suite 725, Houston, f Denton Collector TX 77079 f Grayson County Junior College John Ramsey, Tax Assessor-Collector (903) 892-8297 100 Houston St., Sherman, TX 75090 Choctaw Water District Hunt Count Hospital District Joyce Barrow Tax Assessor-Collector 903 455.1210 P.O. Box 1042, Greenville TX 75042 Tarrant County Fresh Wtr District June Garrison, Tax Assessor-Colloctor (817) 884.1106 100 E. Weatherford, Fort Worth, TX Tarrant County Hospital Oistrict 76196 Tarrant County Jr College District Tarrant County Rural Fire Dist, /1 • BGSM's F. ermer Clients City of Alvarado Denton ISD Bartonville City of Fort Worth to Town of Buckingham Eon Worth ISD • Celeste ISD City of Krugerville City of Celeste City of Pelican Bay City of Crowley City of Sagivw City of Denton • • r XI. Attorneys Fees We propose to collect delinquent taxes for the City of Denton for a fee in the amount of fifteen percent (15%) of the amount of taxes, penalty and interest actually collected (Sections 6.30, 33.07 and 33.48, Texas Property Tax Code). No fee will be payable until the delinquent tax money is collected and in the City's treasury. Our fee would be payable on a monthly basis. This is a starelud arrangement throughout the state and was previously promulgated by the State Property Tax Board. At no additional cost we will provide legal representation in connection with all phases of collection activity as described previously. It is the considered legal opinion of BGSM that contracts and compensation for private attorneys in the collection of delingwnt taxes are strictly governed by Texas Property Tax Code Sections 6.30 and 33.07. It has been consistently held by the Courts of Texas and Office of the Attorney General of Texas that taxing units have no authority to hire or compensate attorneys except by that authority expressly conferred by statute. • Page 71 ~y9 • y h f • • f Appendix B Sample Demand Letters • .r -i • i BLAIR, GOGGAN, SAMPSON & MEEKS FORM ATTOA N[Ti•A T•LI W P.O PRO~'Ai LOa t{a. FORM 12{•6 L. LT .ICRIN ML• STAFCT OLN~ON. )a a{{ ){JA J.•1.927 n+)i JJa•uw .a.{d A"ro)N Na Apftnra, r.a ;A a41.J AaA W; own" '?-,e -4 G July 17, 1996 Wpatdlo- Date ACCOUNT NUMBER AMOUNT DUE: JURISDICTIONS: D£NTON I. S. D. DENTON C. E. D. Dear Denton Independent School District Taxpayer: our law firm has been retained to institute forced collection procedures to collect delinquent taxes owed to the Denton Independent School District on the above referenced account. This letter and the detailed tax statement enclosed are your notice that these taxes are delinquent and have been turned over to us for collection. You must make payment within i!D days from the date of this letter or face foreclosure proceedings designed to satisfy your tax delinquency by selling your property to the highest bidder for cash. Upon filing suit against you, we will request of the Court that you be required to pay all related cost# including attorney's fees, in addition to your delinquent taxes, penalt and interest. In order to avoid the above proceedings with associated costs and inconveniences, please return the enclosed statement along with your check payable tot Denton County Tax Assessor/Collector Attnr Denton I.S.D. Collections P.O. Box 1249 Denton, Texas 76202-1249 Please notify our office immediately if this property is involved in litigation or bankruptcy. O If you believe that you do not owe this tai, or that you are entitled to an exemption, or if you do not own the property, please call our Collections r Department at (817) 383-4460 or write this law office at P.O. Box 1527, Denton, Texas 76202-1527 and include the ACCOUNT NUMBER along with your comments and supporting documentation. • Sincerely, • • BLAIR, AN, SAMPSON i MEEKS 4~z Stephen B air SB,rs Attorney at Law /s/ Enclosure T". T • i • -2 r RETURN THIS STATEMENT WITH YOUR PAYMENT MIKE YouP CH:OC MoNET ORDER OR CASHWC'fpf VAYABLe ?O DENTON COUNTY TAX OFFICE MAKE MINE MME AWgEtf AP"*M W'14 WVWW IWSLPt W4" MALW4 PAYMtNY tO; D "OVfFOxtis DENTON COUNTY TAX A$$ESS011/CO"CTOR ATTN: DLYM 1.s D. COU.lCTIONS ~paN wa a►pwd P. 0. SOX 1240 ~Mrv~N r~ ahryr OWlVN, TEXAS 75402-12u i ` -k" _(e_~~ i YEARS BAN TAX PEHAITY 9 MfPA jr ONOW -ilia 1894........... _-__1..x...9;_-..._.._.._._ _ St77T~~_. ____.r?T._..._.._ 911.92 i~..!?_.. F YOU HAVE PAID rAS ACGQ/R Ft PAL ftLaa CESlGA1p MI NO7rx ~fI~~I~'~~ PAAMOUNT ~wT.ii • • 3LAIR, GOGGAN, SAMPSON & MEEKS ATTDRNEYS•AT•LAW A PARTNERSHIP INCLUOINO PROFESSIONAL CORPORATIONS 316.0 CAST uCKIN.CT ST12ET O[NTQN, TEXAS 14]Q] I8170 3111]-4460 FAX 10111 ]1]•2822 October 16, 1996 ACCOUNT NUMBER AMOUNT DUE: $213.01 JURISDICTIONS: DENTON I. S. D. DENTON C. E. D. Dear Denton I.S.D. Taxpayer: By our letter of July 17, 1996, you were advised that delinquent taxes were owed to Denton ISD as indicated above. The cecords of the Tax Assessor/Collector's Office state that you remain in default and currently owe tax, penalty and interest as shown on the above-referenced account. Lawsuits will be filed on behalf of Denton ISD to enforce the collection of these delinquent taxes. with the aid of a title company, we are verifying the ownership of your property in preparation for a lawsuit. Any court judgment taken against your property could result in a tax sale of the property on the Courthouse steps. Attorney's fees and other costs continue to increase as additional legal steps become necessary. In order to avoid this costly process, immediate payment must be made by returning the enclosed statement and your check payable to: Denton County Tax Assessor/Collector Attn: Denton I.S.D. Collections P. 0. Bux 1249 Denton, Texas 76202-1249 O DO NOT HESITATE. This final notice does not ensure that you have not r already been sued; there is no grace period. If you believe that you do not owe this tax, or that you are entitled to an exemption, or if you do not own this property, please write or call our law office at (817) 383-4460. Provide the account number with your comments. Thank you for your assistance in resolving this matter. O Sincerely, • BLAIR, GOGGAN, SAMPSON 4 MEEKS ;jZ4.('4 St ephen Blair SB:np Attorney at w/59 Enclosure • • RETURN THIS STATEMENT WITH YOUR PAYMENT MAKE YOUR DECK MONEY ORDER OR CASWERS CPECK PAYABLE TO DENTON COUNTY TAX OFFICE MAKE SURE THE AOORESS APPEARS IN THE WNOOW ENVELOPE WHEN MALM PAYMENT TO DENTON COUNTY TAX ASSESSORICOL.ECTOR ATTI* DENTON F.S.D. COLLECTIONS P. 0. BOX 1248 DENTON, TEXAS 76202-1249 ACCT NO: PROPERTY DBSCRIPTIOXt DENTON W(CE0 YEARS BASE TAX PENALTY & SST TOTAL DUE F PAD OCT U R i 1995..._ . . _.....__._...._.59.93...__ .110.1........ TOTAL $153.,08....., _ $5..... . -.4213-01 Q i _ • O F YOU WAVE PAD TFIS AC=JNT N FILL, PJASE DL9EGgo THIS NOTICE MOUNT $213.01 ~a8'FT $213.0$ I~iIIIIIIl~ PAY ATHIS • C ter` • 'r . r • S , AOenda A'e, Agenda Itnj_ Data, CITY COUNCIL AGENDA ITEM DATE: June 11, 1997 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: R. E. Nelson, Executive Director of Utilities SUBJ: CONSIDER ORDINANCE AUTHORIZING CITY MANAGER TO SIGN AN AMENDMENT LEASE OF TWO (2) LAKE DALLAS GAS STORAGE FACILITIES RECOMMENDATION: The staff recommends approval of the ordinance to ammend Ensearch's lease of the property owned by the city of Denton for use at Ensearch's Lake Dallas gas storage facilities. SUMMARY: Earlier this year the city bought property east of the Wastewater Treatment Plant. Under that property is Ensearch's Lake Dallas natural gas storage facility. Ensearch has leases for a 6.89. acre gas Injection/withdrawal pump station site and four two-acre gas well sites on the property. Ensearcb is in need of drilling another well into the underground storage facility. Amendments to the lease are necessary to authorize such additional gas storage facilities. The City has reviewed the lease agreement and Is recommending to Increase the present approximately $6,000 annual lease fee, which was negotiated with the previous owner In 1%6, to $9,280.80 per year. The lease terms will allow the city to use a portion of the two acres around the wells for biosotids Injections when the sites are not being used for drilling setup or storage areas. The terms also allow fm adjustments to the lease price at five-year increments based on the consumer price Index. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Wastewater Utility and Ensearch. FISCAL IMPACT: • Wastewater Utility's revenue of 59,280.80 per year. Respectfully submitted, e • R F Nelson, Executive Director of Utilities `ter: .......w...:,.*A?! ......r ~ A e s • L:~DOCS\ORD\ENSERCX.ORD I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENT'ON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE TWO AMENDMENT OF LEASE AGREEMENTS RESPECTING REAL PROPERTY, BETWEEN THE CITY OF DENTON AND ENSERCH CORPORATION, PROVIDING FOR THE DRILLING OF NATURAL GAS STORAGE WELLS INCIDENT TO THE LAKE DALLAS GAS STORAGE FACILITY, AND FOR A CHANGE OF RENTAL TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has recently zcquired certain real property situated in the Gideon Walker Surve;, Abstract 1330, in Denton County, Texas; and WHEREAS, the City acquired said real property subject to, among other things, two certain leases entered into by the city's rredecessors in title, LOLta E. Callahan and husband Felix W. Callahan, as lessors and Lone Star Gas Company as lessee, which leases were executed on November 7, 1966. One lease, identified as "LS-T-SL #1766, provided for the lease to Lone Star Gas of a certain 6.59 acre tract of land upon which the Lone Star Gas Plant is currently situated; which lease was recorded at Volume 545, page 35 of the Deed Records of Denton County, Texas; `.he second lease, identified as "LS-T-SL #1767, provided for the lease, to Lone StEr Gas of several two (2) acre tracts of land, for well sites for normal operations of injecting and withdrawing gas and other substances from the subsurface formations under said real property, which two acre tracts are situated near the 6.89 acre tract; which second lease was recorded at Volume 545, page 31 of the Deed Records of Denton County, Texas; and WHEREAS, the City is the present owner of the lessor's interest in the tw-) leases referred to hereinabove, and is the owner of the underlying fee simple and reversionary interests in the tracts of land which are the subjects of the two leases; and WHEREAS, the City and ENSERCH Corporation (formerly known as Lone Star Gas Company) desire to amend the two above-referenced leases to provide for the drilling of additional natural gas storage wells for ENSERCH Corporation's natural gas storage project known as the Lake Dallas Gas Storage Facility, on the tracts of land covered by the two leases; to amend the two leases to provide for an increase of rental amount; to change the time of payment of rental to the City; and to change lessee's address; and • WHEREAS, ENSERCH Corporation, due to the extensive growth of • the Denton area, believes that it is necessary to drill a further gas storage well or wells on the tracts described in the two leases hereinabove, to help meet the demands of its customers for natural gas for the coming winter season; and • WHEREAS, the amendment of the two hereinabove-described lease agreements is in the best inter.st of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORLAINS SECTION I, That the City Manager is hereby authorized to execute Amendment Of Lease (LS-T-SL #1767] and Amendment Of Lease [LS-T-SL #17661 by and between the City of Denton as Lessor, and ENSERCH Corporation, as Lessee, respecting the approximate 12.89 acres of real property described in the two said amendment of lease documents; copies of both amendment documents are attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , E Y: APPROVED AS TO LEGAL FORM: HEIBERT L. PROUTY, CITY ATTORNEY o BY: i t w' . • e LS-T-SL 1766 AAfENDIMENT OF LEASE This Amendment of Loam (the "Amendment") is entered into this _ day of 1997, by and between City of Denton, Texas, (hereinafter sometimes referred to as th.-"Lessor"), whose address is 215 East McKinney, Denton, Texas 76201, and ENSERCH Corporation (hereinafter sometimes referred to as "Lessee"). a Texas Corporation, whose address is c/o Lone Star Pipeline Company, 301 S. Harwood, Dallas, Texas 75201. Whereas, Lotta E. Callahan, et al, as Lessors, and Lone Star Gas Company, as Lessee, entered into that certain Lease dated November 7, 1966, recorded in Book $45, Page 35, of the Deed Records of Denton County, Texas (hereinafter referred to as the "Lease"); and Whereas, Lone Star Ges Company changed its name to ENSERCH Corporation; and Wherem Lessor is the present owner of the lessor's interest in the Lease and is the owner of the underlying fee simple and reversionary interests in the lands covered by the Lease; and Whereas, Lessor and Lessee desire to amend the Ltase to provide for the drilling of storage wells for Lessee's natural gas storage project known as Lake Dallas Storage on the lands covered by the Lease, to change Lessee's address and to change the annual rental; NOW, THEREFORE, for and in consideration of the sum of Tcn Dollars ($10.00) cash in hand paid by Lessee to Lessor, the receipt, adegaacy and sufficiency of which is hereby acknowledged, and of the covenants and agreements hereinafter made, Lessor and Lessee hereby agree to amend the Lease, effective July 1, 1997, as follows: 1. The second sentence of the first paragraph on page 3 shall be deleted and the following substituted in place thereof. " During the term of this lease, Lessee agrees to pay to Lessor, c,'a City Manager, City of Denton, Texas, 215 East McKinney, Denton, Texas 76201, on or before July I, 1997 and thereafter, on or before July 1` of each succeeding year, the sum of Four Thousand Nine Hundred Sixty and 80/100 Dollars ($4,960,80) as annual rental for the above described land. Beginning with the rental payment due )uly 1, 2003, and =;:.h five year period thereafter, the rental • amount shall be adjusted either upward or downward, with a 5% per year ceiling or floor, in accordance with the annual average percent change in Consumer Price Index of the Bureau of Labor r Statistics of the United States Department of Labor, Utility (piped) Gas, using 1997 as the base year. The adjustments in the annual rental are determined by multiplying 54,960.80 by a fraction, the n ,merator of which is the index number for the last calendar year that ended immediately before the year in which the adjustment is to be made and the denominator of which is the index number for the ® calendo, year 1997. In the event the numbers are revised by the Bureau of Labor Statistics, then the ® p annual rental shall be adjusted to reflect such revision. In the event the index is iiscontinued, the parties shall use a mutually agreeable index using the most nearly comparable statistics published by a recognized financial authority. " r - 2. The fourth sentence of the first paragraph on page 3 shall be deleted and the following substituted in place thereof "Notice shall be given to Lessee by certified mail addressed to ENSERCH Corporation c/o Lone Star Pipeline Company, Attn: Reservoir Engineering, 301 S. Harwood Street, Dallas, Texas 75201 or to such officer of any successor or assign thereof." 3. By adaig the following sentence to the first full paragraph on page 2: "Lessee shall have the right to drill, maintain and operate natural gas storage wells on the premises aforesaid for the injection and/or withdrawal of natural gas." The Lease shall renWn in full force and effect as herein amended. IN WITNESS WHEREOF, this Amendment is executed by the parties hereto as of the day and yeu first written above. .Lessor" ATTEST City of Denton, Texas By:_ By: Jennifer Walters, City Secretary Ted Benavides, City Manager APPROVED S TO LEGAL FORM: 1 /1 By. / Herbert L. Prou, City Attorney "Lessee" ENSERCH Corporation By: t, Printed Name:eler Title: Chairman • I . • • 1766 - Page 2 • . r STATE OF TEXAS § § COUNTY OF DALLAS § BEFOP_E ME, the undersigned authority, a Notary Pubic 4n and for the State of Texas, on this day personally appeared ~a ' g/oL, . Ohd. 42741) of 12, ENS£RCH Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and ackno Wged to me that he "owed the soon for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and weed of ad corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the G~1ay o4i&, 1497. Cherry H. Sossjpire Commission Er ober 31, 2Notary &e in and for the State of Texas STATE OF TEXAS § § J COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ted Senavide3, City Manager of City of Denton, Texas, a municipal corporation acting by and through its City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and coruideralion therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the , day cf 1997, 1 , Notary Public in and for the State of Texas 1766 - Page 3 • • LS-T-SL #1767 AMENDMENT OF LEASE This Amendment of Lease (the "Amendment') is entered into this _ day of , 1997, by and between City of Denton, Texas, (hereinafter sometimes referred to as the "Leswl), whose address is 215 East McKirutey, Denton, Texas 76201, and ENSERCH Corporation (hereinafter sometimes referred to as'Tessee"), a Texas Corporation, whose address is clo Lone Star Pipeline Company, 301 S. Harwood, Dallas, Texas 75201. Whereas, Lotta E, Callahan, et al, as Lessors, and Lone Star Gas Company, as Lessee, entered into drat certain Lease dated November 7, 1966, reoorded in Stook 545 Page 31, of the Deed Records of Denton County, Texas (hereinafter referred to as the "Lease'); and Whereas, Lone Star Gas Company changed its name to ENS ERCH Corporation; and Whereas, insofar as the Lease covers the tracts of land described on Exhibit "A" attached hereto and incorporated herein, Lessor is the present owner of the lessor's interest in the Lease are 's the owner of the underlying fee simple and reversionary interests in such tracts; and Whereas, Lessor and Lessee desire to amend the Least to provide for the drilling of natural ga storage wells for Lessee's nan" gas storage project known as Lake Dallas Storage on the tracts covc red by the lease, to change Lessee's address and to change the annual rental; NOW, THEREFORE., for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by Lessee io Lessor, the receipt, adequacy and sufficiency of which is hereby acknowledged, and of the covenants and agroErrrerrts hereinafter made, Lessor and Lessee hereby agree to amend the Lease only insofar as it covers the tracts described on Exhibit "A" attached hereto, effective July 1, 1997, as follows: I. The third and fourth sentences of the second paragraph on page 2 shall be deleted and the following substituted in place thereof. "In the event that subsequent to the commencement of gas storage operations it may be necessary to rework, treat, recomplete, or service any of the aforesaid wells or to drill additional wells, then Lessor shall permit Lessee to use two (2) acres in the form of a square around each of the three (3) well sites on the tracts described on Exhibit "A" in order to carry out said reworking, • treating, recomplvtiorr, drilling or other operations. Lessor shall not erect any buildings, tanks, or structures of any kind on said two-acre tracts reserved for such purposes. Lessor shall have the right on that pant of the leased tracts lying outside the current chain link fences surrounding each of the three well sites, to reasonably, without interference to Lessee, spread on the surface or inject bio-solid materials in the soil; provided, however, such spreading or injecting of bio-solid materials shall not disturb or soften the soil to the extent that drilling or reworking rigs will not have a solid pad on which to work." A 2. The second sentence of the fourth paragraph on page 2 shall be deleted and the following substituted in place thereof. " During the term of this lease, Lessee agrees to pay to Lessor, c/o City Manager, City of Denton, Texas, 215 East McKinney, Denton, Texas 76201, on or before:uly 1, 1997 and thereafter, on or before July I' of each succeeding year, the sum of Four Thousand Three Hundred Twenty and No/100 Mars ($4,3 20.00) as annual rental for the three well locations on property described on Exhibit "A" to this Amendment of Lease. Beginning with the rental payment due July 1, 2003, and each five year period thereafter, the rental amount "I be adjusted either upward or downward, with a 5% per year ceiling or floor, in accordance with the annual average percent change in Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor, Utility (piped) Gas, using 1947 as the base year. The adjustments in the annunh rental are detemr ned by multiplying 54,320.00 by a fractict% the numerator of which is die index number for the fast calendar year that ended immediately before the year in which the adjustment is to be made and the denominator of which is the index number for the calendar year 1997. In aic event the numbers are revised by the Bureau of Labor Statistics, then the annual rental shall be adjusted to reflect such revision. In the event the index is discontinued, the parties shall use a mutually agreeable index using the most nearly comparable statistics published by a recognized financial authority." 3. The fourth sentence of the fourth paragraph on page 2 shall be deleted and the following substituted in place thereof: "Notice shall be given to Lessee by certified mail addressed to ENSER.CH Corporation c/o Lone Star Pipeline Cornpariy, Attn: Reserver Engirwring, 301 S. Harwood Street, Dallas, Texas 75201 or to such officer of any successor or assign thereof." The Lease shall remain in full force and effect as herein amended. IN WITNESS WHEREOF, this Amendment is executed by die parties hereto as of the day and year first written above. -Lm u c e ' ATTEST City of Denton, Texas By. By: Jennifer Walters, City Secretary Ted Benmides, City Manager APPROVED S f0,LEr FORM: • BY: Herbert L. ro , City Attorney ' "Ltssce' ENSERCH Corporation O Printed Name: Title: U.aiMmLI ' 1767 - Page 2 t O • • STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, undersign authority, a N o~~ Public in and for the State of Texas, on this day pdsor>elly appeared ' . n n . 171 41( ' of ENSERCH Corporation, a Texas corporation, known to me to be tt ^ person whose name is subscribed to tlw foregoing instrument, and acknowledged to me that he executed the same for the purposes and oormlaratiors therein expressed, in the capacity therein stated, and as the act and deed of said corporation GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this tho/iZ&y of 1497. Cherry35 Sxsamon Notary Public-C and for the Commission Erpires State of Texas r October 31, 2000 STATE OF TEXAS § § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notay Public in and for the State of Texas, on this day personalty appeared Ted Benavides, City Manager of City of Denton, Texas, a municipal corporation acting by and through its City Mar ager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation- GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the _ , day of 1997, • Notary Public in and for the State of Texas 1767 - Page 9 ./1 J • i • Exhibit "A" Attached to and made a part of that certain Amendment of Lease dated , 1997, by and between City of Denton, Texas, am ENSERCH Corporation. Two (2) acres in the form of a square around each of the following three (3) well sites: Lake Dallas Gas Storage Unit #2: 6WFNL and 3440' FWL of the G. Walker Survey Lake Dallas Gas Storage Unit #3: 1900' FNL and 5470' FWL of the G. Walker Survey Lake Dallas Gas Storage Unit 46: 1050' FNL and 4100' EEL of the G. Walker Survey A-1330, Denton County, Texas END OF EXIUBir 1 t' •1 I - 1 1767 - Page 4 i i Agenda No. agenda Item - a . Date_ 7-y7 CITY OF DEN TON, TEXA8 Municipal Building, 213 E. McKinney, Denton 7X 76201 ____04J)T f-ISFWl[lMOfV..12j 474-3374--- MEMOR MEMORANDUM TO: Ted Benavides, City Manager FROM: Kathy DuBose, Executive Director of Finance DATE: June 12, 1997 SUBJECT: THE PROPOSED 1997-2002 CAPITAL IMPROVEMENT PLAN In your City Council back-up, under separate cover, is the Proposed 1997-2002 Capital Improvement Plan (CIP) for your review. City Charter requires that the proposed CIP, as recommended by the Planning and Zoning Commission, be presented to the City Manager at least 90 days prior to the beginning of the fiscal year. Each year the City Council is responsible for approving the first year of the five year CIP. Typically, as each year advances, new projects are recommended for the fifth year only, while projects for the first four years remain unchanged. The first three years of the 1997- 2002 CIP represent the recommendation by the 1996 Citizen's Blue Ribbon Committee that was formally approved by the citizens in a February 1996 bond election. On June 11, 1997, the Planning and Zoning Commission, after holding two separate public hearings regarding the CIP, recommended the City Council approve the 1997-2002 CIP as proposed. Please advise if you have any questions. Thank you. ~ Attachment JF. if O + AFF011C) J , "DeArared to Quota) Service" f __.yJaL • Agenda No. Agenda item BOARD/COMMISSION NOMINATIONS Gzte ~~c~ AIRPORT ADVISORY BOARD Dist CURRENT M BER NOMINATION TERM COUNCIL 1 Hal Jackson 1995-97 Young 2 Rick Woolfolk 1995-97 Durrance 6 Mike Stephens 1995-97 Brock ANIKAL BRELTER ADVISORY BOARD DIST CURRENT MEMBER NOMINATION COUNCIL 7 Bob Rohr 1995-97 Miller 1 Brenda Sherpell 1995-97 Young 3 Lynn Stucky 1995-97 Cochran 4 Veronica Rolen 1995-97 Kristofeison BOARD OF ADJUSTM DIST CURRENT MEMBER NOMINATIM TERM COL?:CIL 6 Rachel Mays 1995-97 Brock 7 Bill Colville 1995-97 Miller 1 Ed Terry 1995-97 Youno BUILDING CODE BO D DIST CURRENT MEMBER NOMINATION T9 COUNCIL 1 Willie Hudspeth _ 1995-97 Young 2 Nicholas Eassa 1995-97 Durrance l CABLE TV ADVISORY BOARD i DIST CURRENT MEMBER NOMINATION TERM COUNCIL • 5 Mark Burroughs 1996-97 Beasley 7 John Kuiper 1996-97 Miller 6 Hank Dickenson 1996-97 Brock A W.~ r.wr~4urv • • CIVIL SERVICE COMMISSION SEAT CURRENT MEMBER NOMINATION TERM CM Charldean Newell 1994-97 City Manager COMMUNITY DEVBLOBMENT ADVISORY_CO%IKITTEE DUST. CURRENr_MEMBER NOMINATION T~$M OUN 1 Nathaniel Johnson 1995-97 Young 2 Lisa Polack _ 1995-97 Durrance 4 James McDade 1995-97 Kristoferson 6 Roberta Donsbach 1995-97 Brock DENTON HOUSING ARTHORITY SEAT CURRENT MEMBER NOMINATION TERM 7 Ralph Flesher 1995-97 Miller 7 Warren Whitson 1995-97 Miller 7 Vicki Hill 1995-?7 Miller DOWNTOWN ADVI80RY BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL 5 Dan Martin _ 1995-97 Beasley 6 Don Davis _ 1995-97 Brock 7 Teri Rheault 1995-97 Miller 1 Vernie Wilson 1995-97 Young f 2 Don Hill 1995-97 Durrance 1 Bill Thomas 1995-97 Young ELECTRICAL CODE BOARD DIST CUURP.ENT MEMBER NOMINATION 11M COUNCIL ® 2 Doug Grantham _ 1995-97 Durrance (Electrical Contractor) 7 Fred G. Reed (ALT) 1995-97 Miller 5 Terry Schertz 1995-97 Beasley (Building Contractor) 6 Perry McNeill 1995-97 Brock (Electrical Engineer) u • HISTORIC LANDMARK COMMISSION DIST GENT MEMBEE NOMINATION TERMS COUNCIL 2 Bill Coleman 1995-97 Durrance 4 Bullitt Lowry 1995-97 Kristoferson 5 Suzanne Byron 1995-97 Beasley 6 Mark Merki 1995-97 Brock 1 Charly, Heggins _ 1995-97 Young 3 Alan Smart 1995-97 Cochran HUNAN SERVICES COMMITTEE DIST CURRENT MEMBER NOMINATION TE$j COUNCIL 4 Wesley H. Stewart 1995-97 Kristoferson 5 Catherine Bell 1995-97 Beasley 1 Sandra Cross 1995-97 Young 3 Roy Davenport _ 1995-97 Cochran 5 Carol Riddlesperger 1995-97 Beasley 6 Ramiro Valdez 1995-97 Brock 7 Mary Morinoto 1995-97 Miller INFORMATION SERVICES ADVISORY BOARD DIST CURRENT MEMBER NOMINATION TF COU CIL 7 Don Edwards 1995-97 Miller 1 Lupe Tovar, Jr. 1995-97 Young KEEP DENTON BEAUTIFUL BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL 3 Cresha Beattie 1995-97 Cochran 4 Douglas Ebersole 1995-97 Kristoferson A 1 L.E. Lawson 1995-97 Young ® S 2 Mark Osborne 1995-97 Durrance OF M • e LIBRARY BOAR DIST CUUENT MEMBER NOMINATION TERM COUNCIL 5 Linnie McAdams 1995-97 Beasley 6 Jean Greenlaw 1995-97 Brock 1 Fran Morgan 1995-97 Young 2 Keith Swigger 1995-97 Durrance PARKS AND RECREATION BOARD DIST CURRENT MEMBER NOMINATION TERM CO CIL 0 Doug Chadwick 1995-97 All 0 Burkley Harkless _ 1995-97 All 0 Gwendolyn Carter 1995-97 All PLANNING AND ZONING COMMISSION DIST CURRENT MEMBER NOMINATION TM COUNCIL 4 Rudy Moreno 1995-97 Kristoferson 7 Barbara Russell 1995-97 Miller 1 Guy Jones 1995-97 Young 2 Bob Powell 1995-97 Durrance PLUMBING D MECHANICAL CODE BOARD j DIST CURRENT MEMBER NOMINATION TERM CQVgCI 3 Frank Cunningham 1995-97 Cochran (Mechanical Contractor) O 4 Karl Martino _ 1995-97 Kristoferson (Mechanical Engineer) 7 wilAy Cunagin 1995-97 Miller (Mechanical Engineer) 2 Dave Reynolds _ 1995-97 Durrance (Master Plumber) • e ~ PUBLIC UTILITIES BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL 0 John Thompson 1993-97 All 'I g; 713 • • SIGN BOARD OF APPEALS DIST CURRENT MEMBER MINATION TERM COUNCIL 2 Eldon Seaton 1995-97 Durrance 4 John Weber 1995-97 Kristoferson 5 Brent Thornton 1995-97 Beasley (ALT) 6 Rebecca Arnold- 1995-97 Brock Moore TKPA HOARD OF DIRECTORS SEAT CURRENT MEMBER N QJINATION TERM 0 Bill Giese 1995-97 All TRAFFIC BAFETY COMMISSION DIST CURRENT MEMBER NOMINATION TIM COUNCIL 3 Carolyn Bacon 1995-97 Cochran 4 Harry Phillips 1995-97 Kristoferson 5 Charles Ridens 1995-97 Beasley 7 Jim Hobdy 1995-97 Miller ACCO0128 • • I _ ~ O St f • mil' • • 1 CITY OF DENTON, TEXAS MUNICIPAL BUILDING ~ DENTON, TE& 7_76200 TEL EPHtWE 8072 566•B307 Office of the City Manager X E M O R A N D U M DATE: June 11, 1997 TO: City Council Members FROM: Ted Benavides, City Manager SUBJECT: Civil Service Commission Re-appointment Each year in June, a Civil Service Commissioner comes up for appointment or re-appointment. According to state law, they are appointed for 3 year staggered terms. Local policy is for board members or commissioners to hold no more than three consecutive, full terms. My recommendation for this year is that Charldean Newell continue service with her third three year term. Charldean has been a dedicated and valuable member of the Commission, and we would like to see her continue in that capacity. Sincerely, Ted Benavides City Manager 1 ~ APP00019/dj 'Dedicmed to Q%wljry Servicr' r ~.,.r.. ! r i' ~ b~ ` J y ~ w, p i"i+ ~ ti . Yr n ~°R; Y 1 + . K a • • f .f lw4j OY o • o o 0 , :;T I w AprI4 •ML MINIMUM LOT AREA 6,000S.F. II MINIMUM LOT WIDTH... 50 FT, Y MINIMUM LOT-DEPTH . . 100 Fr, t ' MAXIMUM BUILDING COVERAGE, . , .'40% i MINIMUM FRONT YARD.,,,...,. 25 FT, MINIMUM SIDE YARD (INTERIOR).,... 5 FT. T MINIMUM SIDE YARD (CORNER) , , , , , 15 FT, MINIMUM REAR YARD 10 Fr. MAXIMUM HEIGHT" , 21 /2 STORI • MAXIMUM.YEILD . . . . 5.0 LOTS /A i MAXIMUM NUMBER OF LOTS ...388 ~f L t~ JE OWCO77, eVd Va I 4a as I 4 1 f , / / t , 11 1 ~ 1 ~ ~ I ~ 11 1 i 1 w`` 1 ~l 7 ~f S88000VE 797.60'x/ •1 I I r ri 1 88043 5r w 1.89 ^ A = N ir51' „ \ I I R=2W5. !o I ! T W. la cz 6 i r r e 9 w 72r~' o ,r Iti I i s~° r N !7 N330c~'w - o 1 m 2i:V'w n - 1565 ,i 71.9P 14 ti r G Mft 1gEAYMOF7HESOU7MW$r c Z VOL fW,,AG 571, OA co% , ME MMS9~ AV. 6300 i PZ" S.&, 824 KX 1556, PO W,, RPR fod W ff 9 7'aty 76116 rl ` 18/7/7374508 RECF-m7im JUN F PIJUrNfNG ~LOPMU • ~py,~►r Roan ~ ~ - ~a~ac1 BLACK! CNr~ DES ti7 - - - - i4*Ylq(' FS1Af(^ESMOS WMWM0 CE~PAW amore,, Po tm, PA P7316 Sarum kAd r • • ZOAWS f66 ZOAW S. fm FodWarg,, Tara 76H6 181712V#-6077 momad -~~l n , t. POSED DEMO ME } MINIMUM LOT AREA 6,000 S.F. D S.F. I MINIMUM LOT WIDTH . 550 FT, l MINIMUM LOT DEPTH 100 FT. MAXIMUM BUILDING COVERAGE..... MINIMUM FRONT YARD . . , 25 FT. f Mor. an MINIMUM SIDE YARD (INTERIOR) 5 FT, c a 3 S ';y ' MINIMUM SIDE YARD (CORNER) 15, FT. imff MINIMUM REAR YARD 10 FT, f MAXIMUM HEIGHT . 21 /2 STORIT R I ummmrT- ` MAXIMUM YE[LD 5,0 LOTS/A E MAXIMUM NUMBER OF LOT$ 388 j EROIECOII, W*/ 1 n.1157, PG W, DR 1 . ~ I i 888054W E 1560W 4 / ~ dP 1 ~ J 3 1 / J r , c 1 I 7 F _ 688051!'00'E 797.60'// / i f 1 `1~ I / 1 ' t W / / I , w 7J087.0 T R_ Sra` I c- -109 N26fW5TW `,;1~ 1061A 1 c I I Ile 03 3r , r i N33043'01YW t, 1 1588 119T ' ~r G WA& t8 Ph0W 0F7NESW7 MtiESI ,,1130, PG. 571, DR ME WEER AV. VOL. 1556, PG. X4,, RPR Fo4 76116 WV7374,108 REC IV d , E4e&,= 97 AOCK Bioaf ; C-41IL"L P DMOpMEUt 1WWOODESIAraM QDESWESMOSEEHOWPAW C~PART1,► . C,IBM+fTC, PCi C4METC, PI? 10,, PA . 3516 Sham k&a a~! iUWat Tyra 76116 tans r~ 1817/1,111-6077 . 3 a