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Home My WebLink AboutMarch 05, 2002 Agenda AGENDA ,~ttomla Item,.~/ /,,~ ,-~ .... CITY OF DENTON CITY COUNCIL l,,Ie ~ ,_~/ff-/U..,q _ March 5, 2002 After determlmng that a quorum ~s present, the City Councd will convene in a Work Session on Tuesday,, March 5, 2002 at 4 30 p m in the Council Work Session Room at City Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered 1 Requests for clarffication of consent agenda ~tems listed on the consent agenda for today's City Council regular meeting of March 5, 2002 Following the completion of the Work Session, the Council will convene in a Closed Meeting to consider spemfic ~tems when these ~tems are hsted below under the Closed Meeting sectmn of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the C~ty Council will not conduct a Closed Meeting and will convene at the time hsted below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on ~ts Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting A Deliberations Regarding Certain Public Power Utlhttes Competitive Matters Under TEX GOV'T CODE Section 551 086 1 Receive competitive electric and commercial information from one of the C~ty's Texas Municipal Power Agency ("TMPA") Board Members and/or City Staff pertalmng to certmn matters respecting present and future maintenance issues, finanmal issues, operational ~ssues, legal and compliance issues, and other related issues and strategies concerning the C~ty's interest m, and its business relationship with TMPA, and discuss, deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding such matters ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD 1N COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION~ DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, §§551 001, E~T SEQ (THE TEXAS OPEN MEETINGS ACT) 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 §§551 071-551086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton C~ty Council on Tuesday, March 5, 2002 at 5 30 p m in the Cotmcfl Chambers at City Hall, 215 E McKlnney Street, Denton, Texas at whmh the following items will be considered C~ty of Denton City Council Agenda March 5, 2002 Page 2 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and ~nd~wslble" PROCLAMATIONS/PRESENTATIONS 2 Presentation of the National Arbor Day Foundation's Tree C~ty USA Award 3 Proclamatmns A Denton Redbud Festival Day B American Red Cross Month C National Athletic Trmmng Month 4 Resolution of Apprecmt~on A Consider approval of a resolution of appreciation for Robert D Stalder 5 Recognmon of staff accomphshments A Rodney Smith - 2nd place in Apphcatlons at the North Texas GIS Conference B Phil Nguyen - 3rd place in Most Informative Map at NT GIS Conference C Cheng Zheng - GIS Manager CITIZEN REPORTS 6 Ed Soph regarding formation of a C~t~zen's Oversight Committee for the Denton Development Code and Comprehensive Plan 7 Gerard Hudspeth regarding Council procedure for c~t~zen reports 8 Wflhe Hudspeth regarding Council procedure for c~t~zen reports 9 Bob Chfton regarding the d~fference between paint and buttons 10 Carl Young regarding community ~ssues 11 Ross Melton regarding Code Enforcement and the budget 12 Dess~e Goodson regarding government busaness 13 Wflhe Brewer regarding Council procedure for cmzen reports 14 Charlye Hegg~ns regardmg the recall election CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof will be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or h~s designee to ~mplement each ~tem ~n accordance w~th the Staff recommendations C~ty of Denton City Council Agenda March 5, 2002 Page 3 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, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda ltems 15-54) Thlshstlng~sprowdedontheConsent Agendato allow Council Members to discuss or w~thdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 15 - 54 below will be approved with one motion If ~tems are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda 15 Consider approval of the minutes of January 28, 2002, January 29, 2002, and February 5, 2002 16 Consider adoption of an ordinance authorizing the execution of change order mx to a contract for lease purchase financing of PC's, monitors, and peripheral eqmpment between the City of Denton and Dell Financial Services, prow&ng for an ~ncrease in the quantity of items, mcrcase m the annual lease payment amount, and providing for the expenditure of funds therefore, and providing an effective date (File 2495 - Dell Financial Services awarded m the amount of $943,398 and change order one in the amount of $19,656 68 and change order two in the amount of $337,710 30 and change order three in the amount of $64,920 and change order four in the amount of $17,406 36 and change order five in the amount of $203,637 12 plus change order six In the amount of $146,030 94 for a total of $1,732,759 40) 17 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) w~th Innovative Transportation Solutions, Inc, for Transportation Services as set forth m the contract, and providing an effective date (PSA 2789 - Professional Services Agreement for Transportation Services to Innovative Transportation Services, Inc for a total amount of $70,000) 18 Consider adoption of an ordinance of the City Council of the Cay of Denton, Texas approwng an agreement for construction services for the construction of the Central Fire Station between the City of Denton and Tim Beaty Builders, Inc based on the competmve sealed proposal method of procurement, providing for the expenditure of funds therefore, and providing an effective date (amount of $3,138,000) 19 Consider adoption of an ordinance of the C~ty Council of the Cay of Denton, Texas authorizing the City Manager or his designee to execute an agreement on behalf of the City of Denton to purchase consulting/implementation services from Novell Inc, a Qualified Information Services Vendor (QISV) of the State of Texas, which provides for design, installation, and configuration of Novell Secure Logln 3 0 Services (Purchase Order 103480 - Novell Inc in the amount of $53,207 22) 20 Consider adoption of an ordinance prowdmg for the expenditure of funds for the purchase of an annual software maintenance agreement which ~s avmlable from only one source in accordance with the prowslons of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 103483 - JD Edwards in the amount of $46,900 for JDE Software Maintenance) City of Denton Clty Council Agenda March 5, 2002 Page 4 21 Consider adoption of an ordinance providing for the expenditure of funds for the p~rchase of hardware and sot~ware for the Electric Reliability Council of Texas (I~RCOT) Network Terminal Gateway which are available from only one source m accordance with the provisions of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 103512 - Advanced Control Systems in the amount of $97,430) 22 Consider adoption of an ordinance providing for the expenditure of funds for the purchase of an outdoor warning system siren and peripheral items which are available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids, and providing an effective date (PO 103508 (]afford Electric in the amount of $30,640 for an additional siren for outdoor warning system) 23 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of five bucket trucks for Electric Distribution, providing for the expenditure of funds therefore, and prowd~ng an effective date (Bid 2792 - Lease of Bucket Trucks awarded to Peterbilt Motors Co in the amount of $330,057 50 over a five-year period) 24 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Water Treatment Chemicals, providing for the expenditure of funds therefore, and prowdmg an effective date (Bid 2793 - Water Treatment Chemicals awarded to the lowest responsible bidder in the total estimated amount of $650,000) 25 Consider adoption of an ordinance of the City of Denton approving a License Agreement related to Encroaehmant on easement between the City of Denton and the Texas Municipal Power Agency ("TMPA") relating to the location of a City water pipeline within a TMPA electric utlhty easement located ~n Denton County, Texas, authorlzmg the expenditure of funds therefore, and providing an effective date 26 Consider approval of a tax refund to First American Real Estate Tax Service for Michael & MarIlyn Love m the amount of $729 37 The 2001 tax was paid twice 27 Consider approval of a tax refund to First American Real Estate Tax Service for Mike Brewer in the amount of $820 71 The 2001 property tax was paid twice 28 Consider approval of a tax refund to First American Real Estate Tax Service for Mark & Joyce Wagner m the amount of $529 78 The 2001 property tax was paid twice 29 Consider approval of a tax refund to First American Real Estate Tax Service for Charles Beaver m the amount of $946 80 The 2001 property tax was paid twice 30 Consider approval of a tax refund to First American Real Estate Tax Service for Rachel (]ay in the amount of $529 92 The 2001 property tax was paid twice 31 Consider approval of a tax refund to First American Real Estate Tax Service for Herbert & Tamara Hlnton m the amount of $524 04 The 2001 property tax was paid twice City of Denton Clty Council Agenda March 5, 2002 Page 5 32 Consider approval of a tax refund to First American Real Estate Tax Service for Randy Park In the amount of $1,412 16 The 2001 property tax was paid twice 33 Consider approval of a tax refund to First American Real Estate Tax Service for Brian Duncan m the amount of $501 82 The 2001 property tax was paid twice 34 Consider approval of a tax refund to First American Real Estate Tax Service for Richard Dufallo m the amount of $1,012 36 The 2001 property tax was paid twice 35 Consider approval of a tax refund to First American Real Estate Tax Service for David Morris in the amount of $691 72 The 2001 tax was paid twice 36 Consider approval of a tax refund to First American Title for Thomas & Peggy LaPomt in the amount of $852 32 The 2001 property tax was paid twice 37 Consider approval of a tax refund to Extraco Mortgage for Robert & Tracy Jones in the amount of $644 41 The 2001 tax was paid twice 38 Consider approval of a tax refund to Republic Title for the Board of Regents of The University of North Texas System in the amount of $7,195 09 The Denton Central Appraisal District prorated the 2001 property tax 39 Consider approval of a tax refund to Extraco Mortgage for Timothy & Lorl Ford in the amount of $552 67 The 2001 property tax was overpaid 40 Consider approval of a tax refund to GMAC Mortgage for Kurt & Lacy Dreger m the amount of $1,025 36 The 2001 property tax was overpaid 41 Consider approval of a tax refund to F~dehty National Title for Slegr~ed & Suzanne Ehmke m the amount of $525 26 The 2001 property tax was paid twice 42 Consider approval of a tax refund to First American Title for Randy McMfllan in the amount of $936 65 The 2001 tax was paid twice 43 Consider approval of a tax refund to Wells Fargo for Belinda & J Scott Relb Jr in the amount of $1,506 21 The 2001 property tax was paid twice 44 Consider approval of a tax refund to Susan & James Jakusz m the amount of $881 38 The 2001 property tax was paid twice 45 Consider approval of a tax refund to Wallace Dean Mulkey in the amount of $782 40 The 2000 property tax was paid twice 46 Consider approval of a tax refund to Alamo Title Company for Frank Fisher in the amount of $590 81 The 2001 property tax was paid twice 47 Consider approval of a tax refund to Wells Fargo for Timothy & Shannon Nack in the amount of $579 22 The 2001 property tax was overpaid City of Demon City Council Agenda March 5, 2002 Page 6 48 Consider approval of a tax refund to Transamerica Real Estate Tax Service for Michael Murray m the amount of $532 47 The 2001 property tax was paid twice 49 Consider approval of a tax refund to Title Resources for Arthur Espanas in the amount of $687 06 The 2001 property tax was pa~d twice 50 Consider approval of a tax refund to First American Real Estate Tax Service for Fry Street LP in the amount of $2,872 81 The 2001 property tax was paid twice 51 Consider approval of a tax refund to John & Leslie Llgon in the amount of $1,130 23 The 2001 property tax was paid twice 52 Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of taxable bonds and notes by North Texas Higher Education Authority, Inc, approving the issuance of such bonds and notes and the use of the proceeds of such bonds and notes, making eertmn findings in connection therewith, and providing an effective date 53 Consider approval ora resolution authorizing the sale of property located within Abstract 616 of the S C Hiram Survey, Tract 16, Old DCAD Tract 2, by the County of Denton, Texas as Trustee for the taxing entities pursuant to Texas Property Tax Code Section 34 05 for less than the market value or total amount of judgment against the property, and providing an effective date 54 Consider adoption of an ordinance approving the purchase of a 0 568 acre public utility easement and a 0 354 acre temporary construction easement between the City of Denton and Jeffrey W Noe and Jeanle T Noe, easements located in the J Cheek Survey, Abstract No 227 and the H William Survey, Abstract No 1417, Denton County, Texas, authorizing the expenditure of funds therefore, and providing an effective date (Lake Ray Roberts Water Transmission Line Project) PUBLIC HEARING 55 This item has been pulled from considerat~on ITEMS FOR INDIVIDUAL CONSIDERATION 56 Consider adoption of an ordinance of the City of Demon, Texas authorizing the expenditure of funds for the payments by the City of Demon for Electrical Energy Transmission fees to those listed cities and utilities providing energy transmission services to the City of Demon, and providing an effective date (Purchase Order 103402 to Brazos Electric Power Coop, Inc, Purchase Order 103414 to Reliant Energy HL&P, Purchase Order 103416 to Lower Colorado River Authority, Purchase Order 103419 to Texas Municipal Power Agency, Purchase Order 103420 to TXU Electric Transmission Division, Purchase Order 103441 to City of Austin Electric Utility, and Purchase Order 103503 to Texas-New Mexico Power Co, In the total amount of $825,861) City of Denton C~ty Council Agenda March 5, 2002 Page 7 57 Consider adoption of an ordinance of the City of Denton, Texas, prescribing regulations regarding notice to be prowded the C~ty and ~ts residents of a gas utfl~ty's statement of intent to increase rates, providing certain procedures for pubhcation of notice of a statement of ~ntent to increase rates, providing that this ordinance is cumulative, providing a severabthty clause, and providing an effective date 58 Consider adoption of an ordinance ordering a recall elect~on to be held m the C~ty of Denton, Texas, on May 4, 2002 for the purpose of determining whether City Council Member Raymond Redmon shall be removed from District 1 of the C~ty Council of the City of Denton, Texas by recall, designating a voting place and appointing election officials, prov~ding for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, prowding an open meetings clause, and providing an effective date 59 Consider nominations and appointments to the City's Boards and Commissions 60 New Bus~ness This ~tem provides a section for Council Members to suggest items for future agendas or to request reformation from the City Manager 61 Items from the C~ty Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 62 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 63 Officml Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the Cny Hall of the City of Denton, Texas, on the day of ., 2002 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 ClTY 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 349-8309 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 CITY OF DENTON CITY COUNCIL MINUTES January 28, 2002 The City of Denton City Council held an Informational Briefing Session ontk'a~o~r~day, ~anuaf~' , 2002 at 5:00 p m m the Council Work Session Room at City Hall PRESENT Mayor Brock, Mayor Pro Tom Beasley, Council Members Burroughs, Fulton, McNedl, Phillips, and Redmon ABSENT None After determining that a quorum was present and convening in an Open Meeting, the City Council oonvened m a Closed Meeting and considered Item No 2 2 The Council convened in Closed Meeting on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code The Council then returned to the regular agenda order 1 The Council received a report, held a d~scussion, and gave staff direction regarding the draft Development Code, including without limitation zoning map and text changes Doug Powell, Director of Planning and Development, stated that the language for Special Exceptions had been revised for clearer understanding The Council accepted the changes The Council requested clarification of nonconforming use Powell sllated that a nonconforming use was when a structure or property that had been zoned for a specific use(s) had never been developed with that use and did not conform to the regulations of the district it was located in after adoption of the Development Code The Council discussed allowmg parking between a building and the street Consensus of the Council was that buildings along the interstate would be required to have a minimum fifteen foot additional landscape area along parking areas in front of the building The Council discussed non-residential and m~xed-use buildings and agreed that trash storage areas, mechanical equipment, and similar areas should not be visible from the street The Council discussed "flag lots" and agreed to allow them The Council reviewed the mapping ~ssues that they discussed in closed session (see the attached chart) Powell stated that the remaining mappmg issues were PD-99 and PD-121 The landowner for PD-99 had requested NRMU-12 Staff recommendation was NR-6 Consensus of the Council was to change it to NRMU-12 The apphcant for PD-121 was asking for NR-6 on the balance of the property City of Denton City Council Minutes January 211, 2002 Page 2 Consensus of the Council was to chatlge it to NRMU-12 for the northern port~on and NR-4 for the southern half Powell stated that the last outstanding issue was the mapping of Bell Avenue He stated that several property owners had requested that their property, which was currently zoned Light Industrial (LI) and Heavy Industrial (HI) be changed from the proposed Downtown Commercml General (DC-G) deslgnatmn Larry Calvert, Bell Avenue Self-Storage, Morgan Tolle, Harpool's, and Kenny Newton, Morrlson Milling were present to speak to the Council on this issue They wanted the zoning map changed to show the employment center designation for those properties currently used as such Mayor Pro Tern Beasley suggested that the three property owners meet with the Planning Staff to get their issues addressed Dave Hill, Assistant C~ty Manager of Development Services, stated that those were the ~ssues that the Council had directed staff to look at Council Member Redmon stated that Cliff Redmg had property at 211 Woodrow, 826 and 828 McKlnney that were all zoned light industrial He was concerned about existing uses Koshrow Sadeghlan was also present and requested changes to the zoning map for property he owned Mayor Brock requested that Mr Sadegh~an meet with the Planning Staff to get his issues resolved With no further bus~ness, the meeting was adjourned at 9 15 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL M1NUTES January 29, 2002 After determlmng that a quorum was present, the City Council convened in a Special Called Session of the City of Denton City Council on Tuesday, January 29, 2002 at 4 30 p m in the Council Work Session Room m City Hall, 215 E MclQnney Street, Denton, Texas PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Fulton, McNefll, Phillips, and Redmon ABSENT Council Member Burroughs 1 The Council considered approval of a resolution of the City Council of the City of Denton, Texas, appomtang one member and two alternates to the Interim Executive Committee of the Denton County Transportation Authonty, providing a repealer, and providing an effective date Mayor nominated, MCNelll seconded Joe Roy as the member, Jon Fortune as First Alternate and Stan Nlxon as Second Alternate to the Interim Executive Committee of the Denton County Transportation Authority On roll vote, Beasley "aye", Fulton "aye", McNefll "aye", Plulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously Following the completion of the Special Called Session, the Council convened into a Planning Session 1 The Council received a report, held a discussion, and gave staff direction regarding long range planning issues and their pnontlzatlon including without limitation economic development, transportation, planning and zoning, budgetary and financial issues Mike Conduff, City Manager, stated that at the Council planning session, Council had developed a number of key areas dealing w~th future issues One objective of this meeting would be to go through those major topics and develop sub-topics under the major topics and a schedule for the rest of the 2002 long range planning sessions Council Member Burroughs arnved at the meeting Council discussed the following major topics and developed associated sub-topics Economic Development Organizational Structure, City/Chamber ED Corporation · Financing 380/Abatement Mechanisms · Downtown · Arena for chsplays and performances · Ice Rank · Sports Marketing Commission · Major Stadium · Trails · Recreational Center for North Texas · Aquatics Center/Water Park · Industrial Park West C~ty of Denton C~ty Cotmcfl Minutes January 29, 2002 Page 2 · Infrastructure Investment · Trans Texas Stop · NAFTA Impacts · Development as the "3rd City" · Educational Resources/DISD 2. Transportation · Downtown and Parking · Streets-Local and Regional · Sidewalks and Walkabfllty · Transit Station (Intermodal) · Regional Solutions- DART/TRE · Aarport Improvements · Link-Tours of Cities · Enhance Link/F~nancmg · Local Business Accessibility 3. Neighborhood Development Strategies · Preservation and Enhancement/Pecan · ReJuvenation · Redevelopment · Additional Recreatmn Facility · Infill Policy · ½ cent 4B sales tax 4. Resources · CIP 40 mflhon +/- 2004 · 50 yr projections on water, landfill and sewer · Land Trust Creation · Leveragmg Resources · Environmental Sensmvity · Va cent 4B sales Tax 5. Cultural Development · Conference Center/Jazz · Rehearsal Performance Space · Pubhc Art · Greenbelt · Demographic Resources 6. Comprehensive Plan Review · Effective Measures/Growth and Tracking (How are we doing?) City of Denton C~ty Council M~nutes January 29, 2002 Page 3 7. Communication and Marketing * Ways to Commumcate w/C~t~zens Marketang Outreach · StaffOutreach "Sell the Staff' · "Channehng" 26 · Long Range Commumcataon Vaslon/"Is cable Obsolete?" · 3rd C~ty/Metroplex Marketing 8. Community Aesthetics · Clean up the trash · Marketing wath Stores · Recychng Bounty · "3 A Day" Program 9. Master Plans · Parks 10. Solid Waste Strategies · Including recychng 11. Boards and Commissions · Who do they advase? · How are they appointed? · How are they trmned9 12. Annexations · Value/Purpose/What at means for Denton 13.Code Review 14. Community Perceptions · What are they9 [Will be lookang at c~t~zen survey on Feb 19, 2OO2] · What as the ~mpaet After dlscussaon on the above various major topaes, Council ranked the major top,es per thear priorities Those ancluded arena, streets, ~nfrastructure, neighborhood preservation, aarport ~mprovements, regaonal transportation solutaons, downtown, conference center, 50 year look at water, sewer and landfill and educational resources Council also talked about how to conduct the long range planmng meetings and the consensus was to allocate 15 minute staff presentataons on research and best praetaces on assues, 45 mmute presentations from experts, 30 manute presentataons for partners/stakeholders, 30 minute dascuss~ons among themselves, and to ~nvolve c~tazens at the amplementat~on phase rather than dunng m~tml d~scussaon A tentative schedule of top,es for dascussmn ancluded the following wath a rewew of the schedule after the June meeting City of Denton City Council Minutes January 29, 2002 Page 4 February Multi-year financial forecast Apnl Downtown May Airport improvements June Neighborhood preservation Aug Infrastructure investment September Streets/regional transportation October 50 year look at water, sewer, landfill November Arena/conference center January 2003 DISD/educatlon 2 New Business The following item of New Business was suggested by Council for future discussion or agendas Cotmcfl Member Redmon asked for a memo regarding the painting of the C~ty's water towers With no further business, the meeting was adjourned at 6 45 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 5, 2002 After determining that a quorum was present, the C~ty Cotmml convened ~n a Work Session on Tuesday, February 5, 2002 at 4 30 pm ~n the Councd Work Session Room at C~ty Hall, 215 E Mcganney Street PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Phdhps, and Redmon ABSENT Council Members Fulton and McNe~ll 1 The Cotmell received a report, held a dxscusslon, and gave staff d~rectlon regardmg the s~xth-month review of the revisions to Seetaon 20-1 of the Code of Ordinances regulating noise Lt Scott Fletcher, Denton Pohce Department, stated that the original no,se ordinance had a provlsmn for a slx-month review Council Member Fulton amved at the meeting Fletcher stated that there were two sources for the stat~stms used for the rewew Those statistics came fi.om the CAD system m the Pohce Department and fi.om Mumc~pal Court data He reviewed the data as noted m the agenda materials Cotmcll Member MCNelll arnved at the meeting Counexl requested an update on the statistics for a February to August t~me frame 2 The Council requested clarification of consent agenda items listed on the consent agenda for today's City Counml regular meeting of February 5, 2002 Mayor Pro Tern Beasley requested a correction of a typographmal error to the minutes of January 8, 2002 Council Member MeNefll stated that he would probably be pulhng Item 21 regarding the adoption of the updated fire code Couned Member Redmon requested that Council allow Carl Wllhams, representing the NAACP, to speak regardmg the noise ordinance update Mr Williams stated that there was a eoneem that the cxty standards were hxgher than the state standards It was felt that the standards may be unfmr to young people m the area who listened to cultural musm Following the completion of the Work Session, the Council convened m a Closed Meeting at 5 15pm 1 The Council considered the following m Closed Meeting City of D~nton City Council Minutes February 5, 2002 Page 2 A Dehberatlons regarding real property -- Under TEXAS GOVERNMENT CODE Section 551 072 and Consultataon with the City Attorney -- Under TEXAS GOVERNMENT CODE Section 551 071 1 Deliberated the purchase and value of real property, located in the J Cheek Survey, Abstract No 227 and the H Williams Survey, Abstract No 1417 and being a 568 acre tract and a 0 354 acre tract along Sherman Drive, approximately 3,600 feet south of the intersection of Clear Creek and Sherman Drive, north side of road, within the City and County of Denton, Texas, which acquisition is for a public purpose (Ray Roberts Water Line) B Consultation with the City Attorney -- Under TEXAS GOVERNMENT CODE Sectaon 551 071 1 Discussed and considered strategy, status, and possible settlement of litigation with the City's attorneys in litigation styled City of Denton, et al v TXU Electric Company, et al, Cause No 009383 currently pending in the 134th District Court of Dallas County, Texas, and discuss legal issues coneernmg tls litigation with the attorneys where to discuss these matters in public would conflict w~th the duty of the City's attorneys to the City Council under the Texas Dasclphnary Rules of Professional Conduct of the State Bar of Texas 2 Discussed and considered strategy, status, and legal ramifications of litigation with the City's attorneys in litigation styled Spencer Station Generating Company, LP v TXU Gas Company, et al, Cause No 2002- 30001-211 currently pending in the 211th District Court of Denton County, Texas, and a similar proceeding now pending before the Texas Rmlroad Commission, and discuss legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Regular Meeting of the C~ty of Denton City Council on Tuesday, February 5, 2002 at 6 30 p m in the Couacll Chambers at City Hall 1 Pledge of Allegiance The Council and members of the auchence recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 Reeognttlon of staff accomplishments City Manager Conduff recognized various staff members for their accomplishments City of Denton City Council M~nutes February 5, 2002 Page 3 CITIZEN REPORTS 3 Nell Yeldell regarding the Denton Housing Authority and discrimination agmnst the elderly Ms Yeldell was not present at the meeting 4 Dess~e Goodson regarding mty repmrs Ms Goodson asked about benches for the bus stops that were suppose to be ~n place several years ago and still were not installed She had seen bus riders ~n wheelchmrs s~ttmg outside ~n the bad weather wmtmg for the buses 5 Gerard Hudspeth regarding Council procedure for mt~zen reports Mr Hudspeth was not present at the meeting 6 Willie Hudspeth regarding Council procedure for c~t~zen reports Mr Hudspeth stated that he would be speaking for several meetings regarding the placement of housing ~n his neighborhood He felt the Council had not followed staff recommendations for housing placement in the southeast Denton area 7 Jaekae Sasser regarding Denton Housing Authority ex-employee problem Ms Sasser was not present at the meeting 8 Ross Melton regarding Code Enforcement and other ~ssues Mr Melton stated that he was st~ll hawng problems with Code Enforcement and the methods of enforcement 9 Bob Clifton regarding Teasley Lane from Dallas Drive to Londonderry - specifically five traffic hghts Mr Clifton stated the markings on Teasley Lane were not adequate for traffic The traffic hghts were not coordinated and it was dtfficult to get across Teasley Lane from Dallas Drive to Londonderry CONSENT AGENDA Cotmc~l Member McNefll requested that Item #21 be pulled in order to allow more d~scuss~on w~th C~tlzens on the prowslons of the local amendments MCNelll motioned, Redmon seconded to delay consideration of Item #21 and have staff hold meetmgs regarding the new code and m partmular the amendments to the code On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously C~ty of Donton City Council M~nutes February 5, 2002 Page 4 Burroughs motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolutions excluding Item #21 On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Pbalhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously 10 Approved the m~nutes of January 8, 2002 and January 9, 2002 w~th a correct~on as noted ~n the Work Sessmn chscumon 11 NO 2002-036 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE FINAL DESIGN OF THE COOPER CREEK LIFT STATION, FORCE MAIN, AND THE PECAN CREEK iNTERCEPTOR SEWER PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE 12 NO 2002-037 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 2002, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 1, 2002 FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 5 AND 6 AND ELECT1NG A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING VOTING PLACES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR EARLY VOTING, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE 13 R2002-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT, AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF DENTON 1N ALL MATTERS RELATED TO THE APPLICATION, AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PI~OJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS (MUNICIPAL LITTER ABATEMENT AND WASTE RECEPTACLES - $99,670 20), AND PROVIDING AN EFFECTIVE DATE City of Denton Clty Council Minutes February 5, 2002 Page 5 14 Approved an appointment by the City Manager of a new member to the Civil Service Commission 15 NO 2002-038 AN ORDINANCE APPROVING AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR COMPLETION OF ROAD IMPROVEMENTS FOR HICKORY CREEK ROAD FROM FM 2181 TO RIVERPASS DRIVE, AND DECLARING AN EFFECTIVE DATE 16 NO 2002-039 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE 17 Approved a tax refund to DBC Inv Ltd in the amount of $671 28 The 2001 property tax was prod twice 18 Approved a tax refund to James Beaver m the amount of $3,529 85 The homeowner erroneously prod the City of Denton, Denton County, and Denton Independent School District tax to the City of Denton 19 Approved a tax refund to James Beaver in the amount of $8,873 69 The homeowner erroneously prod the City of Denton, Denton County, and Denton Independent School District tax to the City of Denton 20 Approved a tax refund to Robert & Llnda Wdhae in the amount of $589 31 The 2001 property tax was prod twice 21 Tlus item was not considered 22 NO R2002-004 A RESOLUTION APPROVING A RIGHT-O-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND GEORGE C GOEN, JR, AND DECLARING AN EFFECTIVE DATE PUBLIC HEARINGS 23 The Council held a public heanng to afford the pubhc appropriate notice and participation for the purpose of identifying the future cable related community needs and Interests, and reviewing the performance of Charter Communications under the franchise with the C~ty dunng the current franchise term City of Denton C~ty Cotmcll Minutes February 5, 2002 Page 6 The Mayor opened the public heanng The following ~nd~wdual spoke dunng the pubhc hearing Darlene Mullenweg, 711 West Oak, Denton, 76205 - opposed The heanng was recessed and would be kept open w~th the poss~b~hty ofa cont~nuatmn at a later date ITEMS FOR INDIVIDUAL CONSIDERATION 24 The Council considered adoption of an ordinance appromng the Denton Development Code, a comprehensive rewrite of the City of Denton's development regulations in accordance wxth The Denton Plan, 1999-2020, and pursuant to Ordinance No 2001-135, as amended, prowd~ng for a cumulatxve clause, providing a severabdlty clause, prowdlng a sawngs clause, prowdmg for a penalty m the maximum mount of $2,000 00 for wolatlons thereof, and prowd~ng for an effective date of February 20, 2002 The following md~mduals spoke on th~s issue Dawd Bynum, 215 Marietta, Denton, 76201 - concerned about the process Brandt Daws, 1902 Bell, Denton, 76209 - opposed Joyce Poole, 3021 North Bonme Brae, Denton 76207 - opposed Norma Lynn Gamble - opposed - had a statement read by the Mayor Gene Gamble, 2201-2205 North Bonnie Brae, Denton, 76207 - opposed Shaureece Park, 418 Marietta, Denton, 76201 - favor Margarete Neale, 1721 West Oak Street, Denton, 76201 - favor D~Xle Stevenson, 1920 West Oak, Denton, 76201 - favor Steven Fnedson, 2205 West Oak, Denton, 76201-favor with amendment as passed out to Council Bill Dahlstrom, 1445 Ross Avenue, Dallas, 75202 - opposed to proposed zomng on a p~ece of property Trey Scalf, 1819 West Oak, Denton, 76201 - favor Woldon Daws, 8150 N Central Expressway, Dallas, 75206 - opposed Steye Kmatt, 1003 Hopkans, Denton, 76205 - opposed Stevan Plyler, 1919 Houston Place, Denton, 76201 - favor J B Hmsler, 1200 Cowlmg Road, Sanger, 76266 - opposed Dorothy and John L Smith, 3309 North Bonme Brae, Denton, 76207 - opposed Brian Holman, 1108 N Locust, Denton, 76201 - opposed The following lnd~wduals submitted Comment Cards Rick Barla, 5138 Edwards, Denton, 76208 - favor JeffPnce, 2281 West Oak, Denton, 76201 - opposed Wflham and Sherry Darby, 2208 Cmstmeadow, Denton, 76207 - opposed Dalton Allen, 111 Lexington Lane, Denton, 76205 - opposed Edwin Fulton, 729 Greenwood, Denton, 76209 - opposed City of Denton Caty Council Minutes February 5, 2002 Page 7 Doug Powell, Director of Planmng and Development, stated that there was one additional pohcy issue that Cotmcfi needed to address That issue dealt with the addition of heavy gauge, corrugated metal to the last of approved building materials The following ordinance was considered NO 2002-040 AN ORDINANCE APPROVING AND ADOPTING THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S ZONING AND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE DENTON PLAN, 1999-2020, AND PURSUANT TO ORDINANCE NO 2001-135, AS AMENDED, PROVIDING AN OPEN MEETINGS CLAUSE, PROVIDING FOR A CUMULATIVE CLAUSE, PROVIDING A SEVERABILITY CLAUSE, 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 OF FEBRUARY 20, 2002 Beasley motioned, Burroughs seconded to adopt the ordinance Council Member McNelll noted an error on page 59 L6 was still listed He also requested a better definition of"pedestnan friendly" Council Member Fulton stated that there were still problems with code and suggested putting In on the May ballot to allow voters to decade on the code Council Member McNeall offered a friendly amendment to the motion for a mandatory quarterly review of the code for at least the first year after approval Beasley and Burroughs accepted that friendly amendment and included the changes as suggested by Doug Powell On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNelll "aye", Phillips "nay", Redmon "nay", and Mayor Brock "aye" Motion camed with a 4-3 vote 25 The Council considered adoption of an ordinance amending the schedule of fees contained in Ordinance 2000-098 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for remew, approval, grant or ~ssuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances, prowdang for repeal of all ordinances In conflict herewith, providing a severabthty clause, providing a saving clause, providing for publication, and providing an effective date Doug Powell, Director of Planmng and Development, stated that there would be two new fees in relation to the development code - sate plan exception and pre-design conference applied to an application to be made Council Member Burroughs suggested a better definition for special exception fee City of Denton City Council Minutes February 5, 2002 Page 8 The following ordinance was considered NO 2002-041 AN ORDINANCE AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2000-098 BY ADOPTING A NEW SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES, PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVER_ABILITY CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Mayor seconded to adopt the ordinance with the amendment for an expanded definition for the special exception fee category On roll vote, Beasley "aye", Bun'oughs "aye", Fulton "aye", McNefll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unammously 26 The Council considered nominations and appointments to the City's Boards and Commissions Council Member Redmon nominated Will Taylor to the Community Development Advisory Committee Mayor Pro Tern Beasley nominated Charlotte Bfllarreal Voting on these nominations would be at the next regular meeting 27 New Business The following items of New Business were suggested by Council for future agendas A Council Member Burroughs requested a report on status of covered benches at bus stops B Council Member Burroughs suggested mwtlng other cable compames to serve Denton, if that were possible C Council Member Redmon requested ~nformatlon on the status of minorities in the Fire Department including recruitment efforts, etc C~ty of Denton C~ty Councd M~nutes February 5, 2002 Page 9 28 Items from the C~ty Manager City Manager Conduff did not have any items for Council 29 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 28 The following was official action on Closed Meeting Item(s) under Sections 551 071- 551 086 of the Texas Open Meetings Act Mayor Brock left the meeting w~th a conflmt of ~nterest Burroughs motioned, Redmon seconded to anthonze the City Attorney to take all actions necessary to accept the Settlement Agreement by TXU and the Steenng Committee C~t~es in the ht~gat~on styled C~ty of Denton, et al v TXU Electric Company, et al On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Pballlps "aye", and Redmon "aye" Motion earned unammously Burroughs motioned, Fulton seconded to appoint Mayor Pro Tern Beasley to represent the c~ty ~n the court ordered medmtmn m the htlgat~on styled Spencer Station Generating Company, L P v TXU Gas Company, et al On mil vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Plulllps "aye", and Redmon "aye" Motion earned unammously W~th no further bus~ness, the meeting was adjoumed at 9 40 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 Questions concerning this acqms~tmn may be d~rected DEPARTMENT: Materials Management to Alex Pettlt 349-8595 ACM. Kathy DuBose, F~scal and Municipal Services ~ SUBJECT An Ordinance authorizing the execution of change order SlX to a contract for lease purchase financing of PC's, monitors, and peripheral equipment between thc City of Denton and Dell Financial 'Servlcas, prowdmg for an increase in the quantity of ~tems, increase m the annual lease payment amount, and promdmg for the expenditure of funds therefore, and promdmg an effective date (File 2495 - Dell Fmanclal Services awarded m the amount of $943,398 and change order one m the amount of $19,656 68 and change order two m the amount of $337,710 30 and change order three m the amount of $64,920 and change order four m the amount of $17,406 36 and change order five m thc amount of $203,637 12 plus change order six m the amount of $146,030 94 for a total of $1,732,759 40) CHANGE ORDER INFORMATION On March 21, 2000 the City Councd approved a master lease with Dell Flnanmal Services for thc lease of PC's, notebooks, momtors and peripheral equipment The term was for a 36-month payout and replaces an older lease from IBM for similar eqmpmcnt The master lease is through the State of Texas General Servmes Commission Department of Informatmn Resources Cooperative Purchasing Agreement The leasing rate is negotiated by the State of Texas, which makes adding to th~s existing lease more economical than pursuing a lease on the open market Tbas alloWs the City of Denton to take advantage of the leasing power of the State of Texas General Services Commission Change order one was for servers to support the Building Inspection System Change order two was for additional PC's and laptops to support the Public Safety System upgrade Change Order three was to provide PC's and laptops to staff that previously chd not have access to the system Change Order four was for two servers to accommodate the JD Edwards Software conversion Change Order five was for servers, switches and sensors for new software system installations including Public Safety, as well as enhancements to connectlmty at remote sites, and change order six is to replace older PC's (40 units) and add 17 new traits to the lease program RECOMMENDATION We recommend change order six be approved m the amount of $146,030 94 and that Purchase Order 103482 for payment 1 of 3 be authorized PRINCIPAL PLACE OF BUSINESS: Dell Financial Serwces Round Pock, Texas Agenda Information Sheet March 5, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT The hardware and software ~s available for dehvery w~thm 15 days and completion of the install should be completed w~thm 60 days of receipt of materials FISCAL INFORMATION Funding for tlus first year lease of add~txonal eqmpment ~s avmlable from the 2001-2002 budgeted fund account (830500 7802) Respectfully submitted Tom Shaw, ~P M, 349-7100 Purchasing Agent Attachment 1 Quotation and Lease Proposal from Dell F~nancml Servmes Attachment 2 Purchase Order 103842 1 AlS Dell Financial Change Order 6 ATTACHMENT 1 DELL FINANCIAL SERVICES LEASE PROPOSAL C~ty of Denton February 12, 2002 Thank you for the opportunity to prowde leasing ~nformatlon to you on the proposed acquisition of Dell product Dell F~nancla[ Serwces (DFS) ~S a leasing mst~tut~on fully ~ntegrated into Dell Computers systems and operabons allowing you to benefit from one stop shopping for alt your hardware software peripherals, service, support, and financing needs The lease quote prowded below outlines only a few of the options available to you through DFS programs If the information does not meet your needs, please let us know and we will work w~th you to tinier a lease program that does The lease rates prowded in the attached quote are based upon the execution of the Master Lease Agreement If you would hke to receive a sample of the Master Lease for your review of the terms and conditions, please let me know and I will fax one to your attention In order to receive an executable copy of the Master Lease we w~ll need your year end hnanc~als for a credit review If you have any questions or comments please don't hesitate to call me at 800 955-3355 ext 86993 Thank you for your ~nterest in Dell Financial Services S~ncerely, Stephen Maher Dell Fmancml Services LEASE PROGRAM Lease T' le - Fair Market Value IFMV) Soft Coat Lease HW Lease Lease trotal Amounl Payment Lease Payments Dell Equipment Unit Price Qty Term Rate Rate (In Advance) Quote # Financed Frequency (months) Factor Factor Dell I 5Ohz XEON Workstation 75894018 8es Dell $3,556 00 2 $7,110 00 Annual 36 0 3577 0 37385 $2,543 25 Nerdwere Quote for Full Description Dell Insplron 14100 Laptop See Dell 75897410 HerdwareQuot~ $2,56200 16 $40,99200 Annual 36 035022 037385 $14,43146 for Full Description Dell 2 0Ghz P4 GX240 Desktop See Dell $1,999 00 39 $77,961 00 Annual 36 0 35022 0 37385 $27,303 50 75899452 ~ardwers Quote for Full Description One Dell Way RR8 Box #34 Round Rock TX 78682 Ph 800 955 3355 Ext 30282 Fax 512 728 1765 ATTACHMENT 1 1702 FP Monitor See 75899526 Dell Herclwaro $662 00 10 $6,620 00 Annual 36 0 35022 0 37385 $2,318 46 Quote for Full Description Dell Del,] Pl130 21" Monitor See Dell $594 00 10 $5,940 00 Annual 36 0 35022 0 37385 $2,080 31 75903542 Herdwem Quote for Full De.erlptlon $48,676 98 One Deli Way RR8 Box #34 Round Rock TX 78682 Ph 800 985 3355 Ext 30282 Fax 512 728 1766 ATTACHMENT 1 Fmancml Se~wces LESSEE City of Denton LESSOR Dell F~nanclal Services LP and/or ~ts successors and assigns END OF LEASE OPTIONS FAIR MARKET yALU~ PURCHASE OPTION Options available to lessee upon completion of the base lease term are as follows 1) Exercise the option to purchase the products at the then fair market value of the products 2) Return all products to lessor at lessee's expense 3) Continue to lease on a fair market renewal baals LEASE QUOTE The Lease Quote is exclusive of sh~pp~ng costs, maintenance fees hhng fees, hcenmng fees, property or use taxes, insurance premiums and s~mllar items which shall be for Lessee s account Lessee will pay Payments and all other amounts without set-off, abatement or reduction for any reason whatsoever Additionally Lessee shall declare and pay all sales use and personal property taxes to the appmpnate taxing authorities If you are sales tax exemot, please fax a copy of your Exemption Certificate w~th the Lease Contract PURCHASE ORDER The Purchase Order will be made out to Dell F~nanc~al Serwces, Penny Vollmer 3500 A Wadley Place, Austin, TX 78728 The Pumhase Order wltl ~nclude the quote number quantity and description of the equipment Please be sure to ~ndlcate that the PO Is for a lease order and shows the type of lease, the term length, and payment frequency The date of the lease quote referenced should be ~ncluded Please be sure to include any apphcable shipping costs as a i~ne ~tem Please include your address as the SHIP TO destination INSURANCE The risk of loss on the Equipment is borne solely by the Lessee Lessee shall be required to purchase and mamtmn during the Term (I) comprehensive public Imblhty tnsumnce naming Lessor as additional insured (,) "all-risk" physical damage insurance in a mlmmum amount of the Purchase Price naming Lessor as first loss payee and, (Ill) workmen's compensation insurance APPROPRIATION COVENANT The Lease shall contain an appropriation of funds clause The Lessee w~ll covenant that ~t shall do all th~ngs legally within ~ts power to obtain and maintmn funds from which the payments may be pa~d and Lessee w~li not g~ve pnor~ty or parity ~n the application of funds to any functionally s~m~lar equipment In the event of a non approprmt~on Lessee shall not purchase, lease or rent equipment performing functions s~mllar to those performed by the equipment during the hscal penod for which funds were not appropriated DOCUMENTATION Duly executed Agreement and other appropriate documents, including, op~mons of counsei, UCC flnanmng statements, audited flnancmls and such other documentation as is reasonably requested by Lessor PROPOSAL VALIDITY/APPROVALS This is a proposal based upon market conditions and is valid for 30 dave. ~s subject to final credit approval, rewew of the economics of the transact[on, and execution of mutually acceptable documentation One Dell Way RR8 Box #34 Round Hoc:~ TX 78682 Ph 800 955 3355 Ext 30282 Fax 512 728 1765 ATTACHMENT 2 ~ Io o ORDINANCE NO AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER SIX TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL FiNANCIAL SERVICI~S, PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDiNG AN EFFECTIVE DATE (FILE 2495 - DELL FINANCIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE 1N THE AMOUNT OF $19,656 68 AND CHANGE ORDER TWO iN THE AMOUNT OF $337,710 ~30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920 AND CHANGE ORDER FOUR IN THE AMOUNT OF $17,406 36 AND CHANGE ORDER FIVE IN THE AMOUNT OF $203,637 12 PLUS CHANGE ORDER SIX IN THE AMOUNT OF $146,030 94 FOR A TOTAL OF $1,732,759 40) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, on March 21, 2000, the City awarded a 36 Month Master Lease Agreement for PC's, Monitors, Laptop, and Peripheral Equipment to Dell Financial in the amount of $943,398, and subsequent change orders one through five, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described matenals, eqmpment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually, and WHEREAS, the City Manager having recommend to the Council that a change order be authorized to amend such lease agreement with respect to the scope and price and said change order being in compliance w~th the mqmrements of Chapter 252 of the Local Government Code, exempting such purchases from the competitive bid process, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the change order slx increasing the amount ofthe lease agreement between the City and Dell Financial Services, copy ofwhmh is on file in the office of the Purchasing Agent, in the amount of One Hundred Forty Six Thousand Thirty and 94/100 Dollars ($146,030 94), is hereby approved and the expenditure of funds therefore ~s hereby authorized The master lease annual amount is amended to read $1,732,759 40) SECTION II That by the acceptance and approval of change order slx to the master lease on file in the office of the Purchasing Agent, the City accepts the offer of the persons submitting the bids to the General Services Comm~smon for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth in the change order six wish to enter into a formal written agreement as a result of the City's rattficatton of bids awarded by the General Services Coinmlsston, the City Manager or his destgnated representative is hereby authorized to execute the written contract which shall be substantially the same as the documents on file in the office of the Purchastng Agent, provided that the written contract IS m accordance with the terms, conditions, specifications and standards conttuned in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the change order two, and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the listed items set forth tn the change order two, the City Council hereby anthonzes the expenditure of funds therefor in the amount and in accordance with the purchase orders issued by the City 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 thts day of ,2002 EUL1NE BROCK, MAYOR ATTEST JENN1FER WALTERS, CITY SECRETARY BY APPROVED...A4 ,TO;[,EGAL FORM ITY ATTORNEY Dell Financial Clang ~O~kr Six- General Services Commission-2002 AGENDA IN~O~TION AGENDA DATE' M~ch 5, 2002 Questions concemmg this acquls~t~on may be d~reeted DEPARTMENT Materials M~agement to Chiles F~edler 349-8948 ACM. Kathy D~ose, F~scal ~d Mumclpal Seduces SUBJECT An Ordinance authorizing the City Manager to execute a Profesmonal Services Agreement (PSA) w~th Innovative Transportatmn Solutions, Inc, for Transportation Services as set forth m the contract, and prowdmg an effective date (PSA 2789 - Professional Servmes Agreement for Transportatmn Services to Innovative Transportation Solutions, Inc, for a total amount of $70,000) PROFESSIONAL SERVICE AGREEMENT INFORMATION Th~s Professional Services Agreement ~s for the design of the development of major transportation and infrastructure projects including developing a cntmal t~me hne for each project related to the identified transportation needs of Denton and identifying the steps necessary to bnng each project to completion The Professional Servmes Procurement Act, Chapter 2254 of the government Code requires the selection of a Professional Service be determined on the basis of demonstrated competence and quahficat~ons to perform the serwces at a fair and reasonable price Innovative Transportatton Solutions, Inc, was chosen for th~s project based upon the ranking criteria of the selectton committee and m accordance with RFP 2789 and successful negotiations RECOMMENDATION It is recommended that this Profesmonal Servmes Agreement (PSA 2789) to Innovative Transportation Solutions, Inc, be approved, along with the contract document m the amount of $70,000 PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions, In¢ Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT It ~s antm~pated that the Nntme to Proceed will be ~ssued on or about March 13, 2002 The estimated completmn date ~s September 2002 FISCAL INFORMATION This professional service agreement will be funded from the Engineering Department Special Services account 351001 7854 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 List of Respondents I AIS PSA 2789 Transportauon Serwces Attachment 1 LIST OF RESPONDENTS Freese and N~chols Fort Worth, TX Innovative Transportation Servxces, Inc Farmers Branch, TX ORDINANCE NO AN ORDiNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC FOR TRANSPORTATION SERVICES AS SET FORTH IN THE CONTRACT,AND PROVDING AN EFFECTIVE DATE (PSA 2789 - PROFESSIONAL SERVICES AGREEMENT FOR TRANSPORTATION SERVICES TO INNOVATIVE TRANSPORTATION SOLUTIONS, INC, FOR A TOTAL AMOUNT OF $70,000) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS WHEREAS, The professional services provider (the "Prowder) mentioned ~n th~s ordinance is being selected as the most highly quahfied on the bas~s of ~ts demonstrated competence and quahficat~ons to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applmable to the Provlder's profession and such fees do not exceed the maximum prowded by law, NOW, THEREFORE, SECTION 1 That the City Manager is hereby authorized to enter into a professional service contract with Lrmovatlve Transportatmn Solutions, Inc , to provide professtonal, architectural and related services for the Cross Timbers Park, a copy ofwhtch ~s attached hereto and incorporated by reference herein SECTION 2 The City Manager is authorized to expend funds as required by the attached contract SECTION 3 The findings in the preamble of th~s ordinance are incorporated herein by reference SECTION 4 Th~s ordinance shall become effective ~mmediately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGA;,PFORM ~=~T ~.~UT~?T~ ^TTO~ PSA 2789 -TRANSPOR A~ON SERVICES FOR PROFESSIONAL SER I ORDINANCE PROFESSIONAL SERVICES AGREEMENT FOR FOR ENGINEERING SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 5th day of March, 2002 by and between the C~ty of Denton, Texas, a Texas municipal corporation, w~th ~ts principal office at 215 East McKmney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Innovative Transportabon Solutions, Inc, w~th its corporate off~ce located at 2701 Valley View Lane, Farmers Branch, Texas, hereinafter called "CONSULTANT," acting here~n, by and through their duly authonzed representabves WiTNESSETH, that in cons~derabon of the covenants and agreements here~n contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w~th the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services here~n in connection with the Project as stated ~n the sections to follow, w~th d~hgence and ~n accordance w~th the h~ghest professional standards customanly obtained for such services ~n the State of Texas The professional services set out here~n are m connection w~th the following described project The Project shall include, w~thout I~m~tabon, services for the ~dent~ficat~on, development and ~mplementat[on of major transportabon and infrastructure projects including a cr~bcal bme line for each project identified and the steps necessary to bnng each project to completion SERVICES The CONSULTANT shall perform the follow~ng services ~n a professional manner The CONSULTANT shall perform all those services as necessary and as descnbed ~n the Scope of Services, whtch ~s attached hereto and made a part hereof as Exhibit "A" as ~f written word for word here~n The CONSULTANT shall perform all those services set forth ~n CONSULTANT's Price Proposal for Englneenng servtces associated w~th transportation infrastructure consultabon per Exhibit "A" which is attached hereto and made a part hereof as ~f wntten word for word hereto If there ~s any conflict between the terms of th~s Agreement and the exhibits attached to th~s Agreement, the terms and cond~bons of th~s Agreement wdl control over the terms and cond~bons of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional servtces to be performed by the CONSULTANT, ~f authorized by the OWNER, which are not ~ncluded ~n the above-described Basic Services, are descnbed as follows Dunng the course of the Project, as requested by OWNER, the CONSULTANT w~ll be avadable to accompany OWNER's personnel when meeting w~th the Texas Natural Resource Conservation Commission, U S Enwronmental Protecbon Agency, or other regulatory agencies The CONSULTANT wdl assist OWNER's personnel on an as- needed bas~s ~n prepanng comphance schedules, progress reports, and prowdmg general technical support for the OWNER's compliance efforts Ass~sbng OWNER or contractor ~n the defense or prosecubon of ht~gat~on in connectmn w~th or ~n add~bon to those services contemplated by th~s Agreement CONSULTANT, ~f any, shall furnish such servmes, on a fee bas~s negobated by the respective parties outside of and m add~bon to th~s Agreement Preparing apphcat~ons and supporbng documents for government grants, loans, or planning advances and prowd~ng data for detaded apphcabons Appeanng before regulatory agencies or courts as an expert w~tness ~n any I~t~gat~on w~th third part~es or condemnation proceedings arising from the development or construction of the Project, ~ncludlng the preparabon of eng~neenng data and reports for assistance to the OWNER ARTICLE IV PERIOD OF SERV CE Th~s Agreement shall become effective upon execution of th~s Agreement by the OWNER and the CONSULTANT and upon ~ssue of a not~ce to proceed by the OWNER, and shall remain ~n force for the penod of performance through September, 2002, or as required for the completion of the Project, ~ncludtng Add~bonal Services, ~f any, and any required extensions approved by the OWNER Th~s Agreement may be sooner terminated m accordance w~th the prows~ons hereof ARTIC~.E V COMPENSATION COMPENSATION TERMS "Subcontract Expense" ~s defined as expenses ~ncurred by the CONSULTANT ~n employment of others ~n outside firms for services ~n the nature of testing, esbmat~ng, structural studies, destgn~ng, electrical analys~s, etc "D~rect Non-Labor Expense" ~s defined as that expense for any assignment ~ncurred by the CONSULTANT for supplies, transportabon and equipment, travel, commumcat~ons, subsistence, and lodging away from home, and s~m~lar ~ncldental expenses ~n connection w~th that assignment BILLING AND PAYMENT For and n consideration for professional services rendered monthly by CONSULTANT I:ased on the scope of services shown in Exhibit "A", which ~s attached hereto and made a part of th~s Agreement as ~f wntten word for word here~n, OWNER agrees to pay CONSULTANT'S reasonable and customary annual fee of ONE HUNDRED AND TWENTY THOUSAND AND 00/100 DOLLARS ($120,000) (the "Annual Fee") per year The Annual fee w~ll be pro-rated for the seven months remaining ~n the OWNER'S current fiscal year The OWNER agrees to pay CONSULTANT TEN THOUSAND AND 00/00 DOLLARS ($10,000 00) (the "Monthly Payment") per month towards the OWNER'S annual fee obl~gahon CONSULTANT shall submit to the OWNER through ~ts C~ty Manager or h~s designee, a detaded monthly ~temlzed statement for all professional serwces rendered for the prewous month The OWNER agrees to remit Monthly Payment ~n accordance w~th the procedures outlined in Arbcle V of the executed Professional Serwces Agreement Nothing contained in th~s Article shall require the OWNER to pay for any work which ~s unsatisfactory, as reasonably determined by the C~ty Manager or h~s designee, or which ~s not submitted ~n comphance w~th the terms of th~s Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT ~s ~n default under th~s Agreement It ~s specifically understood and agreed that the CONSULTANT shall not be authonzed to undertake any work pursuant to th~s Agreement which would require add~bonal payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, w~thout first hawng obtained wntten authonzabon from the OWNER The CONSULTANT shall not proceed to perform the services hsted ~n Article Ill "Additional Services," w~thout obtaining pnor written authonzat~on from the OWNER ADDITIONAL SERVICES For addlbonal services authonzed In wnbng by the OWNER ~n Arbcle Ill, the CONSULTANT shall be pa~d based on the Schedule of Charges at an hourly rate negotiated and agreed upon by both parhes before execution of the additional services Payments for addlbonal services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance w~th subsection B hereof Statements shall not be submitted more frequently than monthly PAYMENT If the OWNER fads to make payments due the CONSULTANT for services and expenses within s~xty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be ~ncreased by the rate of one percent (1%) per month from the said s~xt~eth (60th) day, and, ~n addition, the CONSULTANT may, after g~ving seven (7) days' written nobce to the OWNER, suspend services under th~s Agreement untd the CONSULTANT has been pa~d m full all amounts due for services, expenses, and charges, provided, however, nothing here~n shall require the OWNER to pay the late charge of one percent (1%) set forth here~n ~f the OWNER reasonably determines that the work is unsabsfactory, m accordance w~th th~s Arbcle V, "Compensabon" ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT w~ll exercise reasonable care and due dd~gence in d~scover~ng and promptly reporting to the OWNER any defects or deficiencies ~n the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to th~s Agreement are ~nstruments of service, and shall become the property of the OWNER upon the term~nabon of th~s Agreement The CONSULTANT ~ enbtled to retain cop~es of all such documents The documents prepared and furnished by the CONSULTANT are ~ntended only to be apphcable to th~s ProJect, and OWNER's use of these documents ~n other proJects shall be at OWNER's sole nsk and expense In the event the OWNER uses any of the ~nformabon or materials developed pursuant to th~s Agreement ~n another proJect or for other purposes than specified herein, CONSULTANT ~s released from any and all I~ab~hty relating to their use ~n that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall prowde servmes to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ans~ng from employee status ARTICLE IX INDEMNITY AGREEMENT The OONSULTANT shall ~ndemn~fy and save and hold harmless the OWNER and ~ts officers, agents, and employees from and against any and all habd~ty, claims, demands, damages, losses, and expenses, including, but not hm~ted to court costs and reasonable attorney fees recurred by the OWNER, and ~nclud~ng, w~thout hm~tabon, damages for boddy and personal ~njury, death and property damage, resulbng from the neghgent acts or omissions of the CONSULTANT or ~ts officers, shareholders, agents, or employees ~n the execution, operabon, or performance of th~s Agreement Nothing ~n th~s Agreement shall be construed to create a I~abd~ty to any person who ~s not a party to th~s Agreement, and nothing here~n shall waive any of the part~es' defenses, both at law or equity, to any claim, cause of acbon, or hbgatlon filed by anyone not a party to th~s Agreement, ~nclud~ng the defense of governmental ~mmun~ty, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under th~s Agreement, CONSULTANT shall maintain the follow~ng ~nsurance w~th an insurance company I~censed to do business m the State of Texas by the State insurance Commission or any successor agency that has a rabng w~th Best Rate Careers of at least an A- or above Commemlal General L~abd~ty Insurance with boddy injury limits of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th property damage hm~ts of not less than $100,000 for each occurrence and not less than $100,000 ~n the aggregate Worker's Compensation Insurance ~n accordance with statutory requirements, and Employers' L~ab~l~ty Insurance w~th I~m~ts of not less than $100,000 for each accident Professional L~abd~ty Insurance w~th i~m~ts of not less than $1,000,000 annual aggregate The CONSULTANT shall furnish ~nsurance certificates or ~nsurance pohc~es at the OWNER's request to ewdence such coverages The ~nsurance pohctes shall name the OWNER as an additional ~nsured on all such policies, and shall contain a prows~on that such ~nsurance shall not be canceled or modified w~thout thirty (30) days' pnor wntten not~ce to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellabon, serve substitute policies furnishing the same coverage ARTICLE XI TERM[NATION OF AGREEMENT Notwithstanding any other provision of th~s Agreement, e~ther party may terminate by g~wng thirty (30) days' advance wntten not~ce to the other party Th~s Agreement may be terminated in whole or m part ~n the event of e~ther party substantially fading to fulfill ~ts obligations under th~s Agreement No such termmabon will be affected unless the other party ~s given (1) written notice (dehvered by certified ma~l, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultabon w~th the term~nabng party pnor to termination If the Agreement ~s terminated pnor to completion of the services to be provided hereunder, CONSULTANT shall ~mmedlately cease all services and shall render a final b~ll for services to the OWNER w~thln thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination ~ncurred pnor to the date of termination, ~n accordance w~th Article V "Compensation" Should the OWNER subsequently contract w~th a new consultant for the cont~nuabon of services on the Project, CONSULTANT shall cooperate ~n prowd~ng ~nformat~on The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of term~nabon, but may maintain cop~es of such documents for ~ts use ARTICLE Xlll RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the O~VNER shall not constitute, nor be deemed a release of the respons~bd~ty and hab~hty of the CONSULTANT, ~ts employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responslb~hty by the OWNER ~or any defect ~n the design or other work prepared by the CONSULTANT, ~ts employees, subcontractors, agents, and consultants ARTICLE XlV NOTICES All notices, communications, and reports required or permitted under th~s Agreement shall be personally dehvered or maded to the respecbve part~es by depos~bng same ~n the United States ma~l to the address shown below, certified ma~l, return receipt requested, unless otherwise specified here~n Ma~led notices shall be deemed commumcated as of three (3) days' ma~l~ng To CONSULTANT To OWNER John R Polster Qty of Denton Innovabve Transportation Solutions, Inc Tom Shaw, Purchasing Agent 2701 Valley V~ew Lane 901-B Texas Street Farmers Branch, Texas 75234 Denton, Texas 76209 All notices shall be deemed effecbve upon receipt by the party to whom such nobce is g~ven, or w~th~n three (3) days' malhng ARTIC~LE XV ENTIRE AGREEMENT Th~s Agreement, consisting of 9 pages and Exhibit A, constitutes the complete and final expression of the agreement of the part~es, and ~s ~ntended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made m connection w~th the subject matter hereof ARTICLE XVI SEVERABILITY If any prowslon of th~s Agreement ~s found or deemed by a court of competent junsd~ct~on to be ~nvahd or unenforceable, ~t shall be considered severable from the remainder of th~s Agreement and shall not cause the remainder to be ~nvahd or unenforceable In such event, the parties shall reform this Agreement to replace such stncken provision w~th a vahd and enforceable provision which comes as close as possible to expressing the retention of the stricken provision ARTIC~LE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVlII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not d~scnmlnate against any person on the basis of race, color, rehg~on, sex, national ong~n or ancestry, age, or physical handicap ARTIQLE XIX PERSONNEL The CONSULTANT represents that ~t has or will secure, at ~ts own expense, all personnel required to perform all the services required under th~s Agreement Such personnel shall not be employees or officers of, or have any contractual relations w~th the OWNER CONSULTANT shall reform the OWNER of any conflict of ~nterest or potential conflict of interest that may arise during the term of th~s Agreement 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 ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any ~nterest ~n th~s Agreement, and shall not transfer any ~nterest ~n th~s Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER ARTICLE XXl MODIFICATION No waiver or mod~ficabon of this Agreement or of any covenant, condition, or I~m~tabon here~n contained shall be vahd unless m writing and duly executed by the party to be charged therewith, and no ewdence of any waiver or mod~flcabon shall be offered or received ~n ewdence tn any proceeding arising between the part~es hereto out of or affecting th~s Agreement, or the rights or obhgat~ons of the part~es hereunder, and unless such waiver or modification ~s m wnbng and duly executed, and the parbes further agree that the provisions of th~s section wdl not be waived unless as set forth herein ARTICLE XXll MISCELLANEOUS The following exhibits are attached to and made a part of th~s Agreement CONSULTANT agrees that OWNER shall, untd the expiration of three (3) years after the final payment under th~s Agreement, have access to and the right to examine any directly perbnent books, documents, papers, and records of the CONSULTANT ~nvolvIng transacbons relating to th~s Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facd~bes and shall be prowded adequate and appropriate work~ng space ~n order to conduct audits ~n comphance w~th th~s section OWNER shall g~ve CONSULTANT reasonable advance nobce of ~ntended audits Venue of any su~t or cause of acbon under th~s Agreement shall he exclusively ~n Denton County, Texas Th~s Agreement shall be construed ~n accordance w~th the laws of the State of Texas For the purpose of th~s Agreement, the key persons who wdl perform most of the work hereunder shall be John R Polster and Tracy L Henry However, nothing here~n shall hm~t CONSULTANT from using other qualified and competent members of ~ts firm to perform the services required here~n CONSULTANT shall commence, carry on, and complete any and all projects w~th all apphcable d~spatch, ~n a sound, economical, and efficient manner and ~n accordance w~th the provisions hereof In accomphshmg the projects, CONSULTANT shall take such steps as are appropnate to ensure that the work revolved ~s properly coordinated w~th related work being carned on by the OWNER The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all available ~nformatlon pertinent to the Project, ~nclud~ng prewous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter ~n or upon pubhc and private property as required for the CONSULTANT to perform services under th~s Agreement The capbons of this Agreement are for ~nformat~onal purposes only, and shall not ~n any way affect the substantive terms or conditions of th~s Agreement IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th~s Agreement to be executed by ~ts duly authonzed C~ty Manager, or designee and CONSULTANT has executed th~s Agreement through ~ts duly authonzed undersigned officer on th~s the ,, 5 day of ,March ,2002 CITY OF DENTON, TEXAS EXHIBIT A I SCOPE OF SERVICES Innovative Transportation Solubons, lnc, hereinafter called "CONSULTANT," wdl specifically conduct the following servtces for The OWNER, hereinafter called "OWNER" TASK 1 Meet with ¢t~¥ staff and Council to estabhsh Prior, tv Prolects CONSULTANT wJII conduct m~bal ~nvesbgabon and analys~s of all projects CONSULTANT proposes to work closely w~th C~ty staff and each ~nd~v~dual Councd member to actively Identify needed transportabon ~mprovements, analyze the vlab~hty and necessity of each project determine the cnt~cal path for developing each project, as well as manage and momtor the progress of transportation projects ~denbfied by the OWNER Furthermore, CONSULTANT wdl attend meetings w~th and on behalf cf Councd members, staff, and other C~ty officials ~n addition to "grass roots" c~bzens ~n order to facilitate transportation solubons TASK2 Conduct In-denth Research to Identify Each Protect's Current Status CONSULTANT wJII conduct all research necessary with respect to local, regional, and state advanced planning programs, such as Thoroughfare Plans, Transportation improvement Program, Umfied Transportation Program, Conformity, Mob~hty 2025 Update and all succeeding programs CONSULTANT will analyze projects in order to promote the completion of the development, funding and construction of all ~denbfled projects ~n an expedited manner CONSULTANT wdl investigate and review plans proposed by TxDOT, NTTA, North Central Texas Councd of Governments (NCTCOG), counties, and local c~bes to ensure compatlbd~ty w~th ex~stmg and future thoroughfare plans of the OWNER TASK 3 ~=rovlde the OWNER a WrJtten and Verbal Status Summary of Each Project. CONSULTANT wJII prowde wntten and verbal updates on all phases of proJects Monthly meebngs wdl be held w~th staff members and other agencies Sem~.annual meetings/workshops wdl be held w~th Council members to keep all part~es ~nformed of the status of on-going projects and to identify Council members concerns and suggesbons TASK 4 Idet~(lfv CntJcal Paths for Each Project Based U=on its Advanced Plarlnlll¢l Status and InJtiate the CrJtlcal Path for Each Project. CONSULTANT will develop a cntlcal t~me hne for each project and ~dent~fy the steps necessary to bnng each project to complebon T~me lines wdl be based upon the background investigation performed for each proJect ProJect strategies wdl include actions to be conducted ~n the advanced planning stages of the proJect m order to ensure the completion of ahgnment and feas~bd~ty studies, enwronmental clearance, and preliminary design Additional strategies for expediting prolects include actions necessary for completion of nght-of-way documents, m~babon of nght-of-way acqu~s~bon and ubhty clearance, as well as development of plans, spec~flcabons and estimates (PS&E) ProJects w~ll be momtored to ensure that nght-of-way acquisition, utd~ty relocabon, and PS&E are completed ~n bme to meet the projected construcbon start date and schedule CONSULTANT wdl serve as the project manager for the OWNER's select projects to ensure that established goals and deadhnes are met To accomCsh th~s, CONSULTANT wdl assemble proJect~specific teams to complete all aspects of cnbcal ~ath ~n a t~mely and cost effecbve manner Critical path ~tems ~nclude, but are not hm~ted to the following Work w~th TxDOT on On-System ProJects a Conduct Program Assessments (PA's) b Receive ContreI-Secbon-Job (CS J) numbers c Programming Authority d Advanced Planmng Authonzabon Ensure the Development of Advanced Planmng a Assist ~n seiect~on of outsource firm(s) b Pursue Enwronmental clearance c Participate ~n development of Controlled Schematic d Track project through all review and approval processes e Outline methods to preserve corridors and nght of way f Assist w~th Pubhc Involvement Develop Funding Alternatives a Partnerships b Bond Programs c MPO/TIP programs d TxDOT/UTP programs e Federal Funding f Innovabve F~nanc~ng g State Infrastructure Bank Implement Destgn a Participating ~n rewew of final designs b Coordinating projecttlm~ng and scheduling c Ensunng adherence to work schedules Management a Assist m select;on of out-source firms for all phases of project b Oversight of contractual obl;gat~ons of all out-sourced firms c Review and approval of ~nvomes from out-source firms d Ensure adherence to proJect schedule TASK 5 CON$~I[.TANT will Research and Investl(;ate Fund~na O==ortunlt;es With a shortage of federal and state dollars for transportation projects, ,t wdl be cnbcal for CONSULTANT to conbnually seek 'creabve financing" opportumtles m order to meet the transportation needs of the OWNER CONSULTANT wdl research and ~nvesbgate the poss~blhty of obtaining funding for each Project under the Transportation Equity Act for the 21~ Century (TEA 21) CONSULTANT wdl also focus on the conbnued development of partnerships w~th TxDOT Dallas D~stnct Local bond programs wdl be sought to identify financing opportunities Prlvatelpubhc partnerships w~ll be pursued Funding opportunities using the State Infrastructure Bank (SIB), TxDOT's Unified Transportabon Program, and the Transportation Improvement Program wdl be researched and ~mplemented when appropnate In addition, apphcabons for random "calls for pro. lects" as ~dentlfied by the North Central Texas Councd of Governments wdl be submitted TASK 6 (~OI~SULTANT wdl Neootlate A~freements with TxDOT When appropnate, CONSULTANT will negobate Local Advanced Funding Agreements (LPAFAs) with TxDOT for each project The LPAFA outhnes the responsible part~es for advanced planning, nght-of-way acqu~slbon, design, and funding of specific projects TASK 7 ¢ONSUL TANT will Act as a Liaison between OWNER and other Lo¢¢~ ~tate and Federal Transoortatlon Bodies CONSULTANT will act as ha~son between The OWNER and other local. state and national transportabon groups As ha~son. CONSULTANT will act as the transportabon advocate for The OWNER by working poslt, vely and efficiently w~th other transportation groups toward completion of projects cnbcal to The OWNER CONSULTANT wdl ~nteract, on behalf of The OWNER, w~th the Federal H~ghway Adm~n~strabon, the Texas Transportabon Commission and Texas Department of Transportation and the North Texas Tollway Authority (NTTA) In addition, CONSULTANT w~ll act as [~a~son between The OWNER and other groups such as the Regional Transportation Councd of the North Central Texas Councd of Governments, Precinct 1 Task Force, Precinct 3 Task Force, Dallas Regional Mobd~ty Coalibon, the Dallas Area Rap~d Transit, The T. Denton County Transportation Authority, North Texas Commission, and the Partners ~n Moblhty TASK 8 qONSUL TANT will Prowde other TransDortatlon Consultmo Servlces ff¢ D~rected bv the OWNER. As a part of th~s Enhancement Proposal, CONSULTANT will acbvely pursue all transportabon related ~ssues as identified by the OWNER CONSULTANT will continue dialogue w~th the OWNER to ascertain the relabve pnor~ty of each project to other projects and attend councd meetings, as d~rected, to provide updates on all transportation activities TASK 9 CONSULTANT Will Imolement Cost Reduction Stratemes CONSULTANT has an unparalleled h~story of ~dent~fylng cost reducbons for ~ts chents For the OWNER, the following ~s a hst of possible cost reducbon strategies 1 Leveraging funding - Transportation Infrastructure funding is almost always a partnership process CONSULTANT will str~ve to maximize the OWNER's transportation dollars by "leverag~ng" those funds w~th ehglble funding sources In many cases, CONSULTANT wdl be able to leverage funds to capture "non- city" sources that w~ll ~ncrease funding to the project by 300% to 5OO% 2 Certification . Certification refers to the process a mumc~pahty follows to receive authonzabon by TxDOT to retain servmes on behalf of the State Certification allows the OWNER to be reimbursed by the federal government up to 90% of expenditures for authorized services CONSUL TANT has umque knowledge of the cerbflcat~on process and will assist the OWNER in acqumng th~s certification, ~f d~rected 3 In-house versus Outsourclng - CONSULTANT will provide preliminary design servmes for select projects m order to ~denbfy the basic parameters of the project needs Upon further proJect development, ~t ~s CONSULTANT' philosophy that final design eng~neenng can be conducted in a manner that ~s more economically feasible ~f ~t is done by an engineering firm speclahz~ng ~n final designs II COMPENSATION TERMS in consideration for professional services rendered monthly by CONSULTANT, OWNER agrees to pay CONSULTANT'S reasonable and customary annual fee of ONE HUNDRED AND TWENTY THOUSAND AND 00/100 DOLLARS ($120,000) (the "Annual Fee") per year, pro-rated for the seven months remaining ~n the OWNER'S current fiscal year The OWNER agrees to pay CONSULTANT TEN THOUSAND AND 00/00 DOLLARS ($10,00000) (the "Monthly Payment") per month towards the OWNER'S annual fee obligation CONSULTANT shall submit to the OWNER a monthly ~tem~zed statement for all professional services rendered The OWNER agrees to remit Monthly Payment m accordance with the procedures outhned ~n Article V of the executed Professional Services Agreement V EXPENSES The CONSULTANT shall not seek any reimbursement from the OWNER for any reasonable and customary expenses recurred m connection w~th the services related to engagement 4 V STANDARD RATE SCHEDULE The services related to this project w~ll be based upon the fol[o~vmg Standard B~llmg Rates Standard B~llmg Rates are subject to change each calendar year Professional Standard B~llln~l Rate Pr~ncipal Engineer $150 Principal $125 Sen~or Engineer $125 Engineering Associate I $100 En,q~neerln,q Associate II $90 Technical Associate $80 Staff Support $35 AGENDA DATE: March 5, 2002 Quest, ons concermng this acqmslt, on may be directed DEPARTMENT' Matenals Management to Ross Chadwick 349-8101 ACM Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT An Ordinance of the City Council of the C~ty of Denton, Texas approving an agreement for construction services for the construction of the Central F~re Station between the C~ty of Denton and Tim Beaty Builders, Inc based on the competitive sealed proposal method of procurement, providing for the expenditure of funds therefore, and providing an effective date (amount of $3,138,000) REQUEST FOR COMPETITIVE SEALED PROPOSAL (RFCSP) INFORMATION This RFCSP ~s for the selection of a qualified general contractor to construct the New Central Fire Statton The RFCSP best value process was chosen for th~s project due to the complexity of the reqmrements for a fire station and the ~mportance of mmntmmng the h~stoncal significance of the bmkhng This process allows for select~on of a contractor based upon a hst of criteria including price, performance, references, workang relationship w~th primary subcontractors and other s~gmficant factors such as scheduhng and team composlUon A selection committee made up of representatives from Englneenng, Facflmes Management, F~re Department, C~ty Manager's Office, Purchasing Department, and the Architect, reviewed the responses and ranked each one based upon prespeclfied b~d criteria We selected a "short hst" of four proposers, interviewed each one and chose our recommended contractor, Tim Beaty Builders, Inc Dunng the negotiation process, we were able to upgrade several of the major subcontractors originally proposed, get a firm commitment to the 344 day construction ttme frame and the agreement to ~nclude any ad&Uonal reqmrements from the permitting process at no addmonal cost The project consists of converting the Old Power Plant building at 332 East H~ckory Street into a Central Fire Station The project consists of minor demolition, mechanical, plumbing, landscaping, and finish out for a complete and operat, onal Central F~re Station RECOMMENDATION We recommend this construction contract be awarded to Tim Beaty Builders, Inc ~n the amount of $3,138,000 w~th the understanding that an addmonal amount for p~er drfihng will be determined and added as a change order at a later date PRINCIPAL PLACE OF BUSINESS Tim Beaty Bmlders, Inc Denton, TX Agenda Information Sheet March 5, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT' The t~melfor substantml completion is 344 days after the notice to proceed or the third week of February 2003 FISCAL IINFORMATION This Capital Improvement Project will be funded from bond fund accounts as hsted below Account 10003300 $2,959,409 32 Account 10001500 $ 178,590 68 Th~s contract amount ~s below the $3 5 mflhon originally estimated for constructton Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agem Attachment 1 List of Respondents Attachment 2 Selection Criteria I AIS RFCSP N~w C*ntral Fn~ Station Attachment 1 RFCSP 2749 - New Central F~re Station Tim Beaty Builders Demon, TX Hagler Construction Piano, TX DBR Construction Denton, TX Adolfson & Peterson Const Carrollton, TX Pete Durant & Associates Keller, TX Lloyd Plyler Const Sherman, TX Ed A Wilson Fort Worth, TX ATTAC['~'[ENT 2 New Central F~re Station RFP #2749 City of Denton EVALUATION CRITERIA FOR RATING PROPOSALS SCORE RATING SHEET NAME OF FIRM REQUEST FOR PROPOSALS RFP #2749 - New Central Rre Stabon Score IDENTIFICATION AND UNDERSTANDING OF THE AGENCY'S REQUIREMENTS FOR THIS PROJECT 10%x 2 FIRM'S PAST PERFORMANCE AND EXPERIENCE ON PROJECTS OF THIS MAGNITUDE AND COMPLEXITY 20% x 3 FIRM'S EXPERIENCE WITH SPECIFIC ISSUES RELATED TO THIS PROJECT (Governmental, HEstorlcal F~re Station) 10% x 4 EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL AVAILABLE FOR THIS PROJECT 15% x 5 AN INDICATION THAT THE FIRM HAS THE CAPABILITY TO MEET THE SCHEDULE FOR THE SCOPE OF WORK DEFINED IN THIS PROPOSAL 10% x 6 PRICE PROPOSAL 35% X OVERALL SCORE Evaluator's signature and date TO BE COMPLETED FOR EACH FIRM S \Our Documents\Ordmances\02\Central Fire Station Ord doc ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF THE CENTRAL FIRE STATION BETWEEN THE CITY OF DENTON AND TIM BEATY BUILDERS, INC BASED ON THE COMPETITIVE SEALED PROPOSAL METHOD OF PROCUREMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (AMOUNT OF $3,138,000) WHEREAS, the City is desirous of constructing the Central Fire Station (the "Project"), and WHEREAS, pursuant to anthonty delegated by C~ty ordinance, prior to advemsement for construction servmes to construct the Project, the Purchaang Agent determined that the competmve sealed proposal procurement method for the Project prowdes the best value to the C~ty, and WHEREAS, the Purchasing Agent has fully comphed w~th all of the procedural steps for the competmve sealed proposal procurement method as reqmred by Subchapter H, Chapter 271 of the Local Government Code as well as all City ordinances, regulations and the C~ty Charter, and WHEREAS, the City Cotmml finds that Tim Beaty Builders, Inc (the "Contractor") offers the best value for the C~ty based on the pubhshed select~on criteria and ~ts ranMng evaluation, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The findings contained in the preamble of this ordinance are incorporated hereto by reference SECTION 2 The City Council hereby awards a construction contract for the Proj eot to the Contractor ~n the amount of $3,138,000 as providing the best value for the C~ty based on the published select,on criteria and ~ts ranking evaluation The C~ty Manager or l~s demgnee is authorized to sign a constmcUon contract w~th the Contractor in accordance with the contract forms, general cond~tmns, specml conditions and spemficatmns on file ~n the office of the City's Purchasing Agent and to exercise the City's rights and duties thereunder, including w~thout hmltatton the expenditure of funds provided for hereto and such contract documents SECTION 3 TNs ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tNs day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ~TTORNEY AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 Questions eoncemmg thas acqulsltaon may be thrected DEPARTMENT' Materials Management to Alex Petter 349-7267 ACM. Kathy DuBose, F~scal and Mumc~pal Serwces ~ SUBJECT An Ordinance of the C~ty Council of the C~ty of Denton, Texas authonzang the C~ty Manager or has desagnee to execute an agreement on behalf of the Caty of Denton to purchase eonsultang/lmplementat~on services from Novell, Inc, a Quahfied Information Servaces Vendor (QISV) of the State of Texas, which provades for desagn, anstallataon, and configuration of Novell Secure Logm 3 0 Servaces (Purchase Order 103480- Novell Inc, an the amount of $53,207 22) PURCHASE ORDER INFORMATION Th~s purchase order is for the acquisition of consulting and amplementat~on serrates for the design, installation, and configuration of the Novell SecureLogm 3 0 Services software from Novell, Ine, a Quahfied Informatmn Services Vendor (QISV) approved by the General Servaces Commassmn of the State of Texas The price of the consulting contract as $53,207 22 The City of Denton Technology Services department as taking a number of steps to secure the Caty's technology enwronment using darectory driven security solutions Secure Logln 3 0 from Novell Ine provades a smgle s~gn-on capability to the users that will ehmmate the need to anthentleate to md~wdual appheat~ons once network access has been granted Novell Secure Logm 3 0 as a darectory based anthentleahon solution that extends single s~gn-on access to appheatmns w~thm the C~ty's multa-platform environment Novell Consulting wall perform a hmated produetmn ~mplementatmn of the product as well as demonstrate how to ~mplement logm scripting functmns for s~mple, commonly used apphcatlons as well as more complex apphcatmn access structures RECOMMENDATION We recommend Purchase Order 103480 to Novell, Inc and the related contract be approved in the amount of $53,207 22 PRINCIPAL PLACE OF BUSINESS Novell, Inc Provo, UT Agenda Information Sheet March 5, 2002 Page 2 ESTIMATED SCHEDULE OF PROJECT Completion of Scope of Work as defined in the contract is expected to be April 1, 2002 FISCAL IINFORMATION Funding for this consulting and implementation servme agreement is avmlable from 2001-2002 Technology Account 84000200 1355 30100 Respectfully submitted Tom Shaw, C P M, 349~7100 Purchasing Agent Attachment 1 Purchase Order 103480 Attachment 2 Quotatmn from Novell, Inc 1 AlS Nowll h~c Attachment O~g ~1 o~ ~ P I~ o ~ ~ Attachment 1 ~ I o o rr~-uq-/uu/ IIUl't U~,U~ Yll bUI~IIKttUI IIMHMUt'II~I'tl I'H~ ~U ~}ul //,' qolo r ur' .¥c'c a chmen~c 2 TO. Alex Peitit, Director of Technology Services, C~ty o£Denton FROM, Rlta I aw. Solution~ Panner, Novell Consulting Darrell Probst, ^ccount Manager - Novcll DATE ~anuary 2~, 2002 SUBJEC'I[, Novell Secure Logm P,oposat I']easc find attached tho SOW for the SccureLogm Proof of Concept and Lmutcd lhoductmn Deployment Nero. II SeeureLogln 3 0 includes all features ofbolh NSL2 $ and NSSO2 1, sud'~ us SeeretStore and NMAS Standard Edmon Novell SecureLogm 3 0 supports LI)AP (Cheat32 ~s optmnal), o×tendmg suppor~ for LDAPv3 directories q I~e u~,er interface for Novell qecurt~Logm 3 0 ~ heensed per user--a hcense must be purchased for every active User object m the diteeto~ tree The P~odnct Ih ~cmg together w~th the Novell Consulting costs ,are described below Qty P~'ofluct$ Description Part Number Re/ad State Extended Pncm~ Totals 1 SecureLogln 3 0 Software Med~a 878-000060.00~ $:35 00 $35 00 $35 00 Ka c-~oftware 856 SecumLe~m 3 0 l-User License LIC-005630.001 $7900 $41 15 $35,220 83 856 SecureLogm 3 0 l-User Annual MNT-005201-001 $20 00 $10 42 $5,201 39 Maintenance (7 Months) Product Sub Total $40,457.$2 ConsUlting services .............. -- SeeureLogm Proof of Concept $12 650 O0 and L~mited Production Pdot Estimated Travel and Living $100 00 ConsultIng Sub Total $12,7--~0 0~ TOTAL $53,207 22 Plcasc ]ct me know ,fyou hav~ any qucstmns about this proposal Rite t,aw qoIutlonq Pa~ncr Novell Consulhng 214 763 8529 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE CONSULTiNG/IMPLEMENTATION SERVICES FROM NOVELL INC, A QUALIFIED INFORMATION SERVICE VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVDES FOR DESIGN, INSTALLATION, AND CONFIGURATION OF NOVELL SECURELOGIN 3 0 SERVICES (PURCHASE ORDER 103480 NOVELL INC, IN THE AMOUNT OF $53,207 22) WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92- 019 pursuant to Section 2157 067 of the Texas Govemrnent Code and Sections 27 l 082 and 271 083 of the Texas Local Government Code which authorizes the City to participate m the State Purchasing General Services Commission's Quahfied Information Service Vendor Catalogue Purchase Method provided for m Subchapter B of Chapter 2157 of the Texas Government Code (the "QISV Catalogue"), and WHEREAS, the herein described vendor is a quahfied vendor in the QISV Catalogue and the contract anthonzed by thru ordinance ~s in the best interests of the City and complies with the requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a QISV Catalogue purchase, and WHEREAS, the C~ty 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 hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The numbered items m the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 103480 Novell, Inc $ 53,207 22 SECTION 2 By the acceptance and approval of the above numbered items set forth ,n the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contmned in the bid documents and related documents filed with the General Services Commlsslon, and the purchase orders Issued by the City SECTION 3 Should the City and persons submitting approved and accepted Items set forth m the attached purchase orders wmh to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or h~s designated representative is hereby authorized to execute the written contract, provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantlttes and specified sums contained tn the City's purchase orders, and related documents herein approved and accepted SECTION 4 By the acceptance and approval of the above numbered items set forth in the subject purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance wtth the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized heretn SECTION 5 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY 3TTORNEY 100719 PO Novell lnc ~ra zu/m AGENDA INFORMATION SHEET AGENDA DATE March ~, 2002 Questions concerning acqulsltmn may be d~rcctcd DEP~TMENT: Materials M~agement to Alex Pett~t 349-8595 ACM Ka~y D~ose, Fiscal ~d Municipal Sc~ces SUBJECT An Ordinance prowdlng for the expenditure of funds for the purchase of an annual software maintenance agreement which is avoalable from only one source ~n accordance w~th the prows~ons of State Law exempting such purchases from requirements of compet~tave bids, and prowdmg an effective date (PO 103483 - JD Edwards m the amount of $46,900 for JDE Software Maintenance) PURCHASE ORDER INFORMATION This purchase order ~s for the aeqmsltlon of software mmntenancc for the JD Edwards One World soft~vare The City of Denton uses the JD Edwards One World Software package for financml accounting, purchasing and warehouse functions, human resources mformatmn, and payroll processing The C~ty of Denton is reqmrcd to keep current maintenance with the software vendor to ensure availability of upgrades, software fixes, and access to knowledge resources JD Edwards is the sole source vendor for mmntenance contracts for the One World software package RECOMMENDATION We recommend Purchase Order 103483 to JD Edwards for annual maintenance be approved m the amount of $46,900 PRINCIPAL PLACE OF BUSINESS JD Edwards Denver, Colorado ESTIMATED SCHEDULE OF PROJECT Th~s contract remains ~n effect though October 31, 2002 FISCAL INFORMATION The acqtlls~tion of annual maintenance is a budgeted expenditure being prod out of Technology Services operating budget 830400 6504 Agenda Information Sheet March 5, 2002 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 PO 103482 I AIS PO 103482 JD Edwards Attachment }° o ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN ANNUAL SOFTWARE MAINTENANCE AGREEMENT WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 103483 - JD EDWARDS IN THE AMOUNT OF $46,900 FOR JDE SOFTWARE MAINTENANCE) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only avmlable from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials, need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the followang purchase of matenals, eqmpment or supplies, as described m the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 13483 JD Edwards $ 46,900 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROV~ED AS TO LEGAJ, e FORM HERB~TY~TY ATTORNEY 13403 - JD Edward~E~/02 AGENDA INFORMATION SHEET AGENDA DATE. March 5, 2002 Questmns concerning this acqmsltlon may be directed DEPARTMENT' Materials Management to Alex Pettlt 349-8595 ACM Kathy DuBose, Fiscal and Mumc~pal Services 4~ SUBJECT An Ordinance providing for the expenditure of funds for the purchase of hardware and soitware for the Electric Rehabthty Council of Texas (ERCOT) Network Terminal Gateway which are avmlable from only one source m accordance w~th the prowslons State Law exempting such purchases, from reqmrements of competitive b~ds, and provadmg an effective date (PO 103512- Advanced Control Systems in the amount of $97,430) PURCHASE INFORMATION This purchase order ~s for the ~nstallatmn of an ICCP Node conststmg of all necessary hardware and software licenses and hardware and software for the Electric Reliability Council of Texas (ERCOT) Network Termmal Gateway from Advanced Control Systems (ACS) In the ERCOT single control area, Denton Mumclpal Electric ~s a Transmission and Dlstnbutlon Servme Prowder (TDSP) ERCOT protocols reqmre that all TDSPs furnish cnttcal data on the configuration and status of their systems to ERCOT on a continuous bas~s in ICCP format This data must also be furmshed to the Quahfied Scheduling Entity (QSE) in the DNP format ERCOT selected a vendor (ACS) to mstall this communication network and has been working with most of the entitles dmng busmess w~th ERCOT for over a year to ~nstall and test it Due to the proprietary nature of protocol used ~n ~nterface equipment th~s ~s a s~ngle source item from ACS, Garland has been gracious enough to perform this data transfer for DME dunng the testing phases of implementation Now that the system ~s running relatively smoothly, it is t~me for DME to assume 1ts own responsibilities This reqmres purchase and ~nstallatlon of the hardware and software necessary to prowde our system status to both ERCOT and whatever QSE we choose to, deal with at any given time PRIOR ACTION OR APPROVAL The Pubhc Utility Board considered this acqmslt~on and unammously recommended approval on February 4, 2002 RECOMMENDATION We recommend th~s Purchase Order 103512 to Advanced Control Systems be approved in the amount of $97,430 Allowmg for a not to exceed amount of $15,000 for on site mstallaUon and testing assistance Agenda Information Sheet March 5, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS' Advanced Control Systems Norcross, GA ESTIMATED SCHEDULE OF PROJECT ERCOT ~s estimating a complet,on date of April 1, 2002 FISCAL ,INFORMATION Funding for th~s ERCOT reqmred installation ~s avmlable from Electric Revenue Bond account 600200 8535 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 103512 Attachment 2 Proposal from Advanced Control Systems ADVANCI~D CONTF:IOL SySTF:M8® Quotation 2755 No~woods Parkway Page 1 of 2 Norcross, (}oorgla 30071 Tel (770)~446-8854 Fax (770) 448-0957 Attachment 2 To: Denton Municipal Utalmes 215 E McKmney Str~t Denton, TX 76201-4229 Attn. Dan Scott Emall' dlscott~cttyofdonton eom January 18, 2002 ] ACS Quote No EC02Q-2467 Date F O B (X) Norcross I Payment Terms As Stated Below Sh~p V~a Best Way Customer, Requested Date Invoice Sales Tax % As Roqmred ACS Estnnated Sh~ppmg Date Invome Shipping Charges Yes, at Cost Item Qty Description Umt Price Total 1 ICCP Node 1 ICCP PC Server HP VeCcra VL420 PC P4, 1 6 GHZ, 128MB RAM, 20 0GB HI), LAN Adaptor, HP 19" tach Momtor 1 ACS System SoRware hcenses hvoData ICCP hoanse - non redundant PRISM ICCP interface Price mcludes integration, testing, Bilateral table setup m factory with supphed data $37,565 $37~65 2 ERCOT Network Terminal Gateway 1 NTG Industrial Gateway , (2) Gateway ports eaoh for multsporc RS232 COllIlOCtlOllS * LAN Card for TCP/IP PRISM mtorcounect~on Lot ERCOT Interface Soft~var~ m¢ludas ~ DNP3 0 RTU protocol - Java Based HTML NTG Cunfiguratlon Editor - Host Mode NTU OpEn Connect Pnce includes acqulsmon, set-up mtegraUon & testmg at ACS $44,865 $44~865 Quote Subtotal $82,430 ADVANCE~D CONTF:IOL SYSTEMS® QUotation 2755 Northwoods Parkway Page 2 of 2 Norcross, Oeorgm 30071 Tel (770) 446-8854 Fax (770) 448-0957 Attachment 2 Denton Municipal Uuhues January 18, 2002 ACS Quote No EC02Q-2467 Item Qty Description Umt Price Total 3 On-site Assistance On-site Installation & testing assistance for Items 1 & 2 above ACS estunates that two people wall each be mqmmd on-s~te for 2 days All on-site assistance wall be $190/hour per bdled at the quoted rote on a t~me and materials bas~s person, Travel and hvm~ expenses will be billed at cost Plus Expenses As Required Terms of Payment 20% at Contract 80% at shipment of eqmpmant to Denton Onmte Assistance to bo invoiced at 100% at complotaon of installation and testing The above quotation is valid for sixty (60) days. All purchase orders resulting from th~s quotation should be mailed to the attention of Contract Administration at the above address. This quotation contains proprietary lnformatmn By. Rob Sadler Title' Mar. Marketme & Techmcal Support ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF HARDWARE AND SOFTWARE FOR THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT) NETWORK TERMINAL GATEWAY WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 103512 - ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $97,430) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of~tems that are only avmlable from one source, including items that are only available from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books,, electnmty, gas, water and other utility purchases, captive replacement parts or components for eqmpment, 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 Counml wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or supplies, as described m the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 103512 Advanced Control Systems $ 97,430 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the C~ty and the person submitting the quotation for such ~tems until such person shall comply with all reqmrements specffied by the Purchasing Department SECTION 1II That the C~ty Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to smd contracts is hereby authorized SECTION IV That this ordinance shall become effective lmmedmtely upon its passage and approval PASSED AND APPROVED this the _ day of ,2002 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FgltM 103512 - Adv,.need Cofitl'ol Svstem~ SOI/~SOURCE 2002 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 Questions concermng this acquisition may be directed DEPARTMENT' Materials Management to Ross Chadwick 349-8101 ACM Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT An Ordinance provld~ng for the expenditure of funds for the purchase of an outdoor warning s~ren and peripheral ~tems whmh are avmlable from only one source in accordance with the prowslons of State Law exempting such purchases from rcqmrements of competitive bids, and prowdmg an effective date (PO 103508 Gffford Electric in the amount of $30,640 for an additional s~ren for outdoor warning system) PURCHASE INFORMATION Thru purchase order ~s for the sole source acqms~tmn of an add~tmnal s~ren for the C~ty of Denton Warning System The s~ren wall be installed m the Robson Ranch development Included m th~s purchase along w~th the Robson Ranch Installation are software computer upgrades for the ex~stmg system, paging software to not~fy designated persons if a problem exists or a s~ren m activated, and an upgrade to the Umvermty's s~rens Th~s additional siren installation and mmcellaneous sof~vare upgrade ~s avmlable from only one source, G~ffurd Electric This m due to reqmred compatth~hty w~th existing umts and software copyright Materials, services, or supphes protected by patent or copyright are exempt from the bid process as ~ndmated m Chapter 252 of th~ Texas Local Government Code RECOMMENDATION We recommend this Purchase Order 103508 to Glfford Electric, Inc be approved ~n the amount of $30,640 PRINCIPAL PLACE OF BUSINESS Glfford Electric, Inc Fort Worth, TX ESTIMA[rED SCHEDULE OF PROJECT Dehvery and installation ~s estimated to be 45-60 days after receipt of an order Agenda Information Sheet March 5, ¢002 Page 2 FISCAL INFORMATION. Funding for this warning s~ren system addition and upgrade is avmlable from account 10003600 1365 40100 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachmer~t 1 Pumhase Order 103508 Attachment 2 Proposal from Gffford Electric, Inc ATTACHMENT 1 ATTACHMENT 1 o ATTACHMENT ~ 0 ATTACHMENT 2 GIFFORD ELECTRIC, INC Apul 13, 2001 John Hudson Emergency Manager Denton Fire Department 212 W Sycamore Denton, TX 76201 Re Additional Siren for Outdoor Warning System The cost of a T128 AC/DC siren installed would be $92,900 00 dollars This price is based on a quantity of one(i) to five (5) sirens This would include everything to make the siren work, but not included any cost of acquiring the site for the siren The poles included are galvamzed Class 3 embedded steel pole Sirens are 128 dB sirens that are AC powered with four 12-volt deep cell batteries for backup Batteries and chargers are included Any utility company charges are excluded Other considerations in adding new sirens · Installing new siren location on the existing map program is $300 00 not needed if you upgrade the software at the time of the new siren · Software computer program upgrade to the 6 0 version installed is $1370 00 This new version is 32blt processing and will work with the newer Windows programs such as 98 and 2000 · Installing Denton's own GIS map on our new software if you can furnish to us in BMP or DXF file Cost is and additional $200.00 · Paging software for the computer program is an additional $590 00 This program allows the software to notify by pager, fax or Emall persons designated to be notified when system has problems or to specific people when the siren system is activated · Upglade electronics for the university's sirens is about $4500 per siren Please note our standard payment terms as follows The Owner shall pay the Contractor in accordance with the following payment schedule 25 % of the total contract amount due at the time of placement of order for sirens parts, encoders, software and nusc, associated parts as required to constitute a complete "turn key" installation 45% of the total contract amount due at the time of receipt of the major equipment 20% of the total contract amount due after completed installation 10 % of the total contract upon acceptance of proJect Sincerely, Gaiy R Debenpoit Vice President P O BOX 7441 * 3801 EAST FIRST STREET FORT WORTH TEXAS 76111 (817) 834 6308 METRO (817) 429 9220 FAX (817) 831 8245 ORDINANCE NO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN OUTDOOR WARNING SIREN AND PERIPHERAL ITEMS WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PO 103508 GIFFORD ELECTRIC, INC IN THE AMOUNT OF $30,640 FOR ADDITIONAL SIREN FOR OUTDOOR WARNING SYSTEM ) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of ttems that are only avmlable from one source, including items that are only available from one soume because of patents, copynghts, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility pumhases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials, need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchase of materials, equipment or suppheq, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 103508 Gffford Electric, lnc $30,640 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all reqmrements specified by the Purchasing Department SECTION III That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to smd contracts is hereby anthonzed SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ., 2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM AGENDA DATE. March 5, 2002 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, Fiscal and Municipal Services k~ SUBJECT An Ordinance accepting competitive b~ds and awarding a contract for the lease of five bucket trucks for Electric Distribution, prowdmg for the expenditure of funds therefore, and providing an effective date (Bid 2792 - Lease of Bucket Trucks awarded to Peterbilt Motors Co in the amount of $330,057 50 over a five-year period) BID INFORMATION This bad as for the lease of five aerial devices or bucket trucks for Denton Municipal Electric We are leasing four 45' service bucket trucks and one 60' construction type bucket truck Payments will be made semiannually over a five-year time frame Included in the lease prices are all preventative maintenance, all repmrs, full warranties and a "loaner" truck if a unit requires extensive downtime for repmrs The demslon to lease m place of purchase was based upon the determination that this process would lessen the impact on the budget when compared to outside purchase, allow DME to keep their critical unit fleet current, and include bumper to bumper warranty service RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Peterbilt Motor Co, Denton, Texas The trucks will be Peterbilt Model 330 with Altec Aerial Devices Leasing is provided by PACCAR F~nanelal and the service work will be done through a partnering agreement with Inland Truck also m Denton The lower price offered by Commercial Body failed to meet specfficatmn for boom amculatlon, oumgger assembly, boom assembly, hydrauhc system, platform rotation and other means affecting operation and safety Their bid would have also required taking the trucks to Mansfield, TX for service and they offered no "loaner" truck PRINCIPAL PLACE OF BUSINESS Peterbilt Motors, Co Inland Truck Denton, TX Denton, TX ESTIMATED SCHEDULE OF PROJECT Delivery of all units can be accomplished wltlun 90 days after receipt of an order or the first week In August Agenda Information Sheet March 5, 2002 Page 2 FISCAL INFORMATION. First year lease payments will be made from the 2001-2002 operations budget account #600200- 7846-5880 Respectfully submttted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet Attachment 1 BID # 2792 Date 1/31/02 LEASE OF BUCKET TRUCKS NoI Oty I DESCRIPTION VENDOR VENDOR VENDOR i COMMERCIAL PENSKE TRUCK PETERBILT BODY LEASING Pnnc~ple Place of' Bus~ness SAN ANTONIO, TX DALLAS, TX DENTON, TX 45 FOOT MATERIAL HANDLING AERIAL 10 DEVICE 4 UNITS TO BE SUPPLIED 1 Payments PAYMENTS TO BE SEMI-ANNUAL IN $49,457 28 $52,680 00 $52,345 20 ADVANCE 60 FOOT CONSTRUCTION AERIAL 10 DEVICE 1 UNITTO BE SUPPLIED 2 Payments PAYMENTTO BESEMI-ANNUAL IN 12,386 28 $13,170 00 $13,666 20 ADVANCE DELIVERY 9o- 120 DAYS 120- 150 DAYS 90-120 DAYS 2792 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE LEASE OF FIVE BUCKET TRUCKS FOR ELECTRIC DISTRIBUTION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2792 - LEASE OF BUCKET TRUCKS AWARDED TO PETERBILT MOTORS CO IN THE AMOUNT OF $330,057 50 OVER A FIVE-YEAR PERIOD) WHEREAS, the C,ty has sohmted, r¢ce,ved and tabulated competlt,ve bids for the purchase of necessary matermls, equipment, supplies or serv,ces m accordance w,th the procedures of STATE law and City ordinances, and WHEREAS, the C,ty Manager or a des,gnated employee has revmwed and recommended that the here,n described b,ds are the lowest respons,ble b,ds for the matermls, eqmpment, supphes or serv,ces as shown m the "Bid Proposals" subm,tted therefore, and WHEREAS, the City Counc,I has prov, ded m the City Budget for the appropnat,on of funds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered xtems m the following numbered b,ds for materials, eqmpment, supphes, or servmes, shown ,n the "Btd Proposals" on file ~n the office of Purchasing Agent, are hereby accepted and approved as be,ng the lowest respons,ble b,ds for such ,terns BID ITEM VENDOR AMOUNT 2792 1 Peterb,lt Motors Co Exh,b,t "A" 2792 2 Peterbdt Motors Co Exh,b,t "A" SECTION II That by the acceptance and approval of the above numbered ~tems of the subm,tted bids, the City accepts the offer of the persons subm,tt,ng the b,ds for such ,terns and agrees to purchase the materials, eqmpment, suppl,es or serv, ces ,n accordance w~th the terms, specfficatmns, standards, quant,ties and for the spec,fled sums conta,ned ,n the B,d Invitations, B,d Proposals, and related documents SECTION III That should the City and persons subm,ttmg approved and accepted items and of the subm,tted bids w,sh to enter ,nto a formal written agreement as a result of the acceptance, approval, and awarding of the b,ds, the City Manager or h,s des,gnated representative ~s hereby authorized to execute the written contract whmh shall be attached hereto, prov,ded that the written contract ,sm accordance w,th the terms, cond,tmns, specifications, standards, quant,tins and specified sums contained in the B,d Proposal and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems of the submitted b,ds, the City Cotmc~l hereby authorizes the expenditure of funds therefor m the amount and ,n accordance w,th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized here,n SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this day of ,2002 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB~TTORNEY 2 9 -suP L s4v o ,A oE-2002 Exhibit A Item# Description Quantity Semi-Annual Payment Item 1 45' Material Handling Aerial Dcwce 10 $52,345 20 Item 2 60' Construction Aerial Device 10 $13,666 30 AGENDA DATE: March 5, 2002 Questions eoncemxng this acqmsltxon may be d~rected DEPARTMENT: Materials Management to J~m Coulter 349-7194 ACM: Kathy DuBose, Fiscal and Municipal Services ~:~ SUBJECT An Ordinance accepting competitive b~ds and awarding an annual contract for the purchase of Water Treatment Chemmals, prowdmg for the expenditure of funds therefore, and providing an effective date (B~d 2793 - Water Treatment Chemicals awarded to the lowest responsible bidder in the total estimated amount of $650,000) BID INFORMATION Thru bid is for the annual contract to supply water treatment chemicals for the water production and wastewater treatment process The chemmals are dehvered ~n bulk quantities into ons~te storage faclhtles RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder for each item as hsted below Item Description Price Vendor 1 LIQUID CHLORINE, NSF 60 CERTIFIED 0 10925 DPC INDUSTRIES 2 LIQUID CHLORINE, 0 40 SOUTHWEST NSF 60 CERTIFIED CHEMICAL 3 LIQUID FERRIC SULFATE, NSF 60 CERTIFIED 0 046 FINI ENTERPRISES 4 SULPHUR DIOXIDE* 0 2245 HARCROSS 5 FLUROSILICIC ACID, NSF 60 CERTIFIED 0 0715 HARCROSS 6 50% CAUSTIC, NSF 60 CERTIFIED 0 1057 ALT1VIA 7 POTASSIUM PERMANGANATE, NSF 60 CERTIFIED 1 299 CARUS 8 ANHYDROUS, NSF 60 CERTIFIED 0 37 DPC 9 CATIONIC POLYMER, NSF 60 CERTIFIED 0 38 POLYDYNE *Sulfur Dioxide does not reqmre a NSF 60 Certfficatlon Agenda Information Sheet March 5, 2002 Page 2 The price offered by Brenntag Southwest for Item 2 did not include their cyhnder rental fee, on Item 6, Altlwa did not ~nclude the reqmred NSF 60 certification, Cams did not include the certfficatlon for Item 7, and the product quoted on Item 8 by Tanner Industries was not NSF 60 certified As a result, these bids fmled to meet specifications PRINCIPAL PLACE OF BUSINESS. DPC Harcross Southwest Chemtcal Cleburn, TX Dallas, TX McAlester, OK FINI Enterprises Alt~wa Cams Polydyne, Inc Pars~ppany, NJ Houston, TX Peru, IL Rmeboro, GA ESTIMATED SCHEDULE OF PROJECT Thru ~s an annual contract with prices, terms and conditions remmmng ~n effect through March 5, 2003 Dehvery of ~nd~wdual chemmals vanes from 3 days to 2 weeks and will be ordered as needed FISCAL INFORMATION. Funding for these Water Treatment Chemicals w~ll come from the 2001-2002 operating budget Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet ORDiNANCE NO AN ORDINANCE ACCEPTiNG COMPETITIVE BIDS AND AWARDiNG AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2793 - WATER TREATMENT CHEMICALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER iN THE TOTAL ESTIMATED AMOUNT OF $650,000) WHEREAS, the City has sollmted, received and tabulated competlhve bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown m the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION I That the numbered items in the following numbered bids for materials, eqmpment, supplies, or services, shown in the "Bid Proposals" on file in the office of Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM VENDOR AMOUNT 2793 1,8 DPC Industries Exhibit "A" 2793 4,5 Harcros Chemicals, Inc Exhibit "A' 2793 6 Altlvla Exhibit "A" 2793 7 Cams Chemical Co Exhibit "A" 2793 2 Southwest Chemical Services, Inc Exhibit "A" 2793 9 Polydyne, Inc Exhibit "A" 2793 3 FINI Enterprises, Inc Extublt "A" SECTION II That by the acceptance and approval of the above numbered ~tems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, eqmpment, supplies or servmes tn accordance with the terms, specfficatlons, standards, quantities and for the specified sums contmned in the B~d Inwtatlons, Bid Proposals, and related documents SECTION III That should the C~ty and persons submitting approved and accepted aems and of the submitted bids wish to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract wtuch shall be attached hereto, provtded that the written contract ts in accordance w~th the terms, conditions, specfficatlons, standards, quantltms and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted b~ds, the Ctty Council hereby authorizes the expenditure of funds therefor m the amount and ~n accordance w~th the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM Exhibit A Item ~ Chemzcal Vendor Unmt NSF-60 Przce Cost Certified Period 1 Chlorine 0 10925 1 Ton DPC lb Yes 12 218 50/T Months on 2 Chlorzne Southwes 0 40/lb 150# t 800/Ton Yes 12 Cylinder Chemical Months 3 Liquid FINI 0 046/lb Ferric Enterprz 92/ Ton Yes 12 Sulfate ses Months 4 Sulfur Harcross 0 2245/1 Dloxzde b Yes 12 449/Ton Months 5 Fluroszllczc Harcross 0 0715/1 Acid b Yes 12 143/Ton Months 6 50% Caustic 0 1057/1 (DlaphragmG Altlvza b Yes 12 fade) 211 40/T Months on 7 PotassIum 1 299/lb Permanganat CARUS 2598/Ton Yes 12 e Months 8 Anhydrous 0 37/lb Ammonia DPC 740/Ton Yes 12 Months 9 Polymer Polydyne 0 38/lb INC 760/Ton Yes 12 Months AGENDA INFORMATION SHEET -'~ ~/~Q" -- AGENDA DATE: March 5, 2002 DEPARTMENT: Englne~nng CM/DCM/ACM. Dave Hill, 349-8314 SUBJECT Consider an ordinance of the City of Denton approwng a Lmense Agreement Related To Encroachment On Easement between the C~ty of Denton and the Texas Mumc~pal Power Agency ("TMPA") relating to the location of a C~W water p~pehne w~th~n a TMPA electric utd~ty easement located m Denton County, Texas, Authonzmg the expenditure of funds therefore, and prowd~ng an effectwe date BACKGROUND Staff has been facilitating right-of-way acqms~t~ons for the mstallatmn ofa transm~ssmn water hne from the Lake Ray Roberts Water Treatment Plant to Loop 288 The C~ty of Denton has requested perrmssmn to cross an area w~th~n the boundaries of an ex~st~ng TMPA electric easement TMPA has agreed to the encroachment on the easement w~th the use of their standard Lmense Agreement OPTIONS 1 Approve the Ordinance, or 2 Demal, or 3 Table for future consideration RECOMMENDATION Staffrccommcnds approval of the Ordmance ESTIMATED PROJECT SCHEDULE Spnng 2002 PRIOR ACTION/REVIEW None FISCAL INFORMATION None 1 ATTACHMENTS ~ Locatwn Map ~' Draft Ordinance ~ Dcense Agreement ~ Exhibit A Prepared by Pamela England Real Estate Specmhst Respectfully submitted Charles F~edler, D~rector Engmeenng Department LONG RD, ~,., Location Map ~.~'~ii~:~ Z~:~ 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY WATER PlPELINE WITHIN A TMPA ELECTRiC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SecUon 1 The City Manager, or hxs designee, ~s hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Texas Mtm~clpal Power Agency ("TMPA') m substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating a City water ptpehne w, thm a TMPA Electric unhty easement as described therein Section 2 The City Manager is authorized to make the expenchtures as set forth in the attached Agreement Secuon 3 This ordinance shall become effective ~mmedlately upon xts passage and approval PASSED AND APPROVED thxs the day of _, 2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date February 5, 2002 F~le Code T1302-D8 To Frank G Payne Eng~neenng and Cap~tal Projects Administrator C~ty of Denton 601 E H~ckory, Suite B Denton, Texas 78205 Re Lake Ray Roberts 54 inch P~pehne Crossing TMPA North Denton-Denton Arco 138kV Electric Transmission L~ne (T1302-D8) Dear S~rs The C~ty of Denton (hereinafter referred to as User), has requested permission to use the area w~th~n the boundaries of Texas Municipal Power Agency's ("TMPA") North Denton-Denton Arco 138 kV Power Line Easement, located ~n Denton County, Texas, for the construction of Lake Ray Roberts 54 ~nch P~pehne ~mprovements crossing and encroaching on TMPA's 138 KV transmission hne TMPA ~s agreeable to the construction of the Lake Ray Roberts 54 tach P~pehne ~mprovements hereinafter referred to as the "encroaching fac~hty", ~f the encroaching fac~hty ~s located and described as shown on the attached drawing, marked Exhibit "A" and incorporated here~n, and subject to the following terms and cond~hons 1 It ~s understood and agreed that TMPA holds easement rights on the property revolved, therefore, User w~ll be required to obtain whatever nghts and permlss~on, other than TMPA's, that are necessary Th~s letter agreement shall extend to and be binding upon User and ~ts he,rs, successors, and assigns, and ~s not to be ~nterpreted as a waiver of any rights held by TMPA under ~ts easement 2 To the extent allowable by law, User agrees to defend, Indemnify and hold TMPA, tts officers, directors, agents, and employees harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages ~s sought, suffered by any person or persons that may arise out of or be occasioned by any negligent act or omission of User m performing the work referred to above, ~ts officers, agents, associates, employees, or sub- consultants, except that the ~ndemn~ty prowded for m th~s paragraph shall not apply to any hab~hty resulting from the sole neghgence of TMPA, ~ts officers, agents, employees or separate contractors, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE USER AND TMPA, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH EACH PARTY'S PERCENTAGE OF RESPONSIBILITY, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY, INCLUDING ANY LIMITATION OF LIABILITY UNDER THE TEXAS TORT CLAIMS ACT, OR OTHER DEFENSES AVAILABLE TO THE PARTIES UNDER TEXAS LAW The prows~ons of th~s paragraph are solely for the benefit of the part~es hereto and are not ~ntended to create or grant any rights, contractual or otherwise, to any person or enbty The obhgabon of User ~n th~s paragraph to defend and ~ndemn~fy TMPA shall not be a debt of User w~thm the meaning of Article 11, Section 5, Texas Consbtut~on, and accordingly shall not be payable from taxes, but shall be payable solely from water or other ut~hty system revenues 2002ENCROACHMENT Denton 64" Pipeline Page 1 of 4 3 Use of draghnes or other boom-type equipment ~n connectmn w~th any work to be performed on the TMPA easement by User, ~ts employees, agents, representabves or contractors must comply w~th Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other applicable safety or clearance requirements Notwithstanding anything to the contrary here~n, in no event shall any equipment be w~th~n 15 feet of the TMPA power hnes s~tuated on the aforesaid property User must notify the Supervisor of Transmission, Tom Chambers, at (936) 873-1125 or (936) 225-8614 (cell phone), 48 hours pnor to beginning construction or the use of any boom-type equipment on the TMPA easement 4 It is expressly understood and agreed that ~f the property has transmission or d~stnbubon fac~ht~es located thereon, User shall not, except for the encroaching fac~hty and construchon s~gns m connection w~th the encroaching fac~hty, place upon the premises any ~mprovements including but not hm~ted to, budding, light standards, fences, shrubs, trees or s~gns unless approved m writing by TMPA 5 It ~s agreed that no trash dumpsters, toxic substances or flammable material w~ll be allowed on the easement 6 TMPA w~ll not be responsible for any costs of constructmn, operabon and maintenance of User's encroaching faclhty It ~s further agreed that TMPA shall not be hable for any damage to the encroaching facility hereto agreed to as a result of TMPA's use pursuant to ~ts easement Any TMPA property damaged or destroyed by User or ~ts agents shall be repaired or replaced by TMPA at User's expense and payment ~s due upon User's receipt of an ~nvolce from TMPA 7 Blasting is not permitted on the TMPA right of way 8 Grading shall be done in order to leave the r~ght of way ~n as near as possible to present condition Spod dirt and all trash shall be removed from the right of way Slopes shall be graded so that TMPA vehicles may transit the nght of way when required to maintain TMPA's fac~ht~es 9 Shoring shall be required where approved excavation ~s w~thm 10 feet of a structure and shall extend 20 feet each s~de of the centerhne of the structure Shonng shall be sufficient to w~thstand the added load of the structure and its footing D~tches shall not be left open for extended penods of bme Except when p~pe or underground faclhhes are ~nstalled, shonng shall be removed and d~tches properly back filled as soon as pracbcal Backfill shall be thoroughly tamped Water tamping shall not be permitted w~th~n th~s area 10 The TMPA r~ght of way shall be protected from washing and erosion by a method approved by TMPA 11 Construcbon equipment and matenals shall not be stored on the r~ght of way during constructmn 12 It IS understood and agreed that, in case of default by User or ~ts agents ~n any of the terms and conditions here~n stated and such default conbnues for a per~od of thirty (30) days after TMPA provides written nobce to User of such default, TMPA may at its elecbon forthwith terminate this agreement and upon such term~nahon all of User's rights hereunder shall cease and come to an end Th~s agreement shall also terminate upon the abandonment of the encroaching fac~hty 13 All notices that are sent to the part~es under th~s Agreement shall be sent to the following addresses 2002ENCROACHMENT-Denton S4" Pipeline Pase 2 of 4 a C~ty of Denton Attn Engmeenng and Capital ProJects Adm~mstrator 601 E H~ckory, Suite B Denton, TX 78205 b Texas Municipal Power Agency Attn Land Supervisor P O Box 7000 Bryan, Texas 77805 If the foregoing terms and cond~bons are acceptable to the C~ty of Denton. please have the original and a copy of this letter agreement s~gned and returned to me at Texas Mumc~pal Power Agency, P O Box 7000, Bryan, Texas 77805 w~th~n 30 days for final approval by TMPA Th~s letter agreement shall be effecbve only after final approval by TMPA Yours very truly, Hubert Nelson Land Supervisor TEXAS MUNICIPAL POWER AGENCY BY TITLE DATE CITY OF DENTON BY TITLE DATE 2002ENCROACHMENT-Denton 64" Pipeline Page 3 of 4 STATE OF TEXAS § COUNTY OF GRIMES § This Instrument was acknowledged before me on this 2002, by Gary Parsons, the General Manager of the Texas Mumc~pal Power Agency, a mumclpal corporation, on behalf of sa~d corporation Notary Pubhc, State of Texas Name (Printed or Typed) My Commission Expires STATE OF TEXAS § COUNTY OF § Th~s ~nstrument was acknowledged before me on th~s , 2002, by , the of the City of Denton, Texas, a municipal corporation, on behalf of said corporation Notary Public, State of Texas Name (Printed or Typed) My Commission Expires 2002ENCROACHMENT-Denton 64" Pipeline Page 4 of 4 ~' MATCHLINE STA 375+00 ~UH~H~i~~i~i~r~H~r~ ~ ~l I ~ / ~H~H~/~ii~"~]~H~i~H~H~[~Hii~H~ HIIl~l]l ~ i , · 18111tllHJllllllllHIIlfllllllllllllllllllllllHIli II]~ / / ~ ~ ~i~r~Hi~H~i~i~UJJL~ii~H~ / ~ ~ ' F~i~H~j~K~H~j~i~Hi~i .~ .m, s , ~j~j~i~~H~i~T~ % .t o..~ ~ ~, , , Jo J~ m ) ,- ~ ~, 54-INCH PIPELINE m-mm LAKE RAY ROBERTS 54-INCH PIPELINE ~.,~,~, -- STA 219+00 TO STA 404+9857 END AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT: Tax ACM. Kathy DuBose, Fmcal and Mumc~pal Services SUBJECT Consider approval of a tax refund to F~rst American Real Estate Tax Service for Michael & Manlyn Love in the mount of $729 37 The 2001 tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 Two payments were applied to homeowners Mmhael & Manlyn Love's property tax account on December 31, 2001 Payments were submitted by both the t~tle company and tax servme, resulting m an overpayment of $729 37 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $729 37 EXHIBITS Apphcatlon for Refund Respectfully submitted Diana Ort~z Director of F~scal Operations REFUND CollePtlng offioe name I:r r~ ~ C'oiloctlng tax for (taxing unlls) CITY OF DENTON TAX OPFICE CI~ OF DENTON Present ma ~g addre~ (numar and s~et) 60~ E ~ICKORY SUIT~ F City, town or po~[ bffi~e;~tate; ~p ~de '"' ' Phone (ama ~ an~ number) ~o.,, ~x ~s=os ,,, ....... (~o) ~:~,,, ~To a~p ~ for a lax refun~ the t,~pa~.r m~t ~1~ the fe~ ~lng stop I ~0v~ MICHAEL & MARILYN - PAID BY FIRST AMERICAN REAL ESTATE T~ SERVICE Present Marling Ad~ss (nu~ and strut) owneFs name ~435 N, 6TEMMONS ,, , Ci~. ~0Wn or post offi~, aate, zip ~de ~ne (area c~e and number) and add.ss DALES TX 75247-3g07 18tep 2 Legal deac~p~on (or ~ach ~py of the ~x bill or tax re~ipt) Desodbe BUM~IT OAK8 ~DN~t BLOCK F LOT, 9, ,, the propeAy Adam,s or location of prope~ 3853 ~HIMNEY ROCK DR Ac¢°unt number of proPe~ I+~l~/O&l ,[Na~e o~T~i"o ' Y~r""~u , Date '' ~ amou: ' "~t' ~mount I ' Unit From Which Fer Whl~ Refund Of The Of Of Tax Refund f d s Re uk~ la Re ~s~d Tax Pa ment Taxes Paid Requested I ~'"" q ~ ......... ~ lStep 3 1 Cl~ of De~tO~ 2~1 1213112001 $ 729 37 $ 729 37 IGive the tax 2 CI~ ef De~n 2001 1213112001 i $ 72937 Ipayment 3 I lnformatlon 4 .... I Taxpayers reason fo~ re.nd ( a~h supposing do~mentatlon) TITLE COMPANY & MORTGAGE COMPANY ~ =.,~T.. ~o~ TAX,""SULT~""'"A."~."O O~ ~""~ I *1 ere ;'apply for the refund of the ab -descr d taxes and that the informat,on I have given on ]Step 4 fO?m S tr~e an~ot to ~he best ofm~ kno~ed~e ~nd belief * A~y per~on who mak~ a false ent~ upon the foregoing re.rd shall be subje~ to one of the following penalties J 1 Imprisonment of not more that the 10 years nor ~ss than 2 years and/or a fine of not more th~ $5,000 or both ~ such fine and Imp~sonment, 2 Confinement In jail for a term up to 1 year or a fine to exceed $2,000 or both such I fl~e and Imprisonment as set.dh In ,~lon 37 10, ~enal Code 2 AGENDA INFORMATION SHEET AGENDA DATE. March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund to First American Real Estate Tax Servme for Mike Brewer ~n the amount of $820 71 The 2001 property tax was paid twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govemmg body of the taxing unit for refunds m excess of $$00 00 Two payments were received for homeowner M~ke Brewer's property tax account Payments were received on December 31, 2001, ~n the amount of $820 71 The homeowner re-financed hxs home loan and both the prewous and new mortgage company submitted payment to the C~ty of Denton These two payments created an overpayment on the account, resulting tn a refund to the new mortgage company ~n the amount of $820 71 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $820 71 EXHIBITS Apphcatxon for Refund Respectfully submitted Diana Ortlz D~rector of Fiscal Operations APPLICATION FOR TA~ REFUND Collecting 0ffle~name Collecting tax for (taxing units) CtTY OF DENTON TAXlOFPICE CiTY OF DENTON Present malting adbreasl~[l~[l~ber end street) "'~ 601 E HICKORY SUITI~ F City, town or post office, State Z P code ' Phone (area code and n.'mber)' DENTON, TX 762q$ I, (9401 349-8318 To apply, for a tax refund , the taxpayerT must, ,, complete,, ~, the roi, ,,°w uwqara mama Step 1 BREW~ER MIKE - PAID BY~F!RST AMERICAN REAL ESTATE TAX SERVICE PreSent Me Ing AddteS~ (~-mber and areet) Owner's name 8435 N. STEMMONS C ty~ town or post office, ataib'i'ZiP ~'~' Phone (ama code and number) and address DALLAS, TX 75247.3907 Step 2 Legal description (or attach copy of the tax bill or tax receipt) Describe WIND RIVER ESTATES PH ¥11, BLOCK M~ LOT 8 the property Address or location of property 3208 DOMO LAKE RD Account number of property '7 z~£/// ........ I~ame of Taxing Date Amount Amount Unit From VVliIch For Which Refund Of The Of Of Tax Refund Refund ia ReqUired la Requested Tax Payment Taxes Paid ..... R~uestad Step 3 1 Ctt~ o~Oent~n 2001 12/3112001 $ 820 71 $ 820 71 Give the tax 2 CI~ of Denton 2001 12131/2001 $ 820 71 payment 3 information 4 5 Taxpayer's reason for refund ( attach supporting documentation) BOTH THE PREVIOUS & NEW MORTGAGE COMPANY PAiD TNB 2001 TAX~ RESULTING IN A REFUND OF $820 7t *1 hereby apply for the refund of the abOVe.described taxes and certify that the information I have given on this Step 4 ~ Uete'6~'~:IRil~a~ton tot tax relunrJ forr~ la true and ~orro~t,,!,~,,,!ll~,,best of 11~/,know edge and bel af* Sign the form algq Any1 person who makes e false entry upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment Of not more that the 10 years nor less than 2 years and/or a fine of not more than $5 000 or both such fine and imprisonment, 2 Confinement In Jail for a term up to 1 year or a fine to exceed $2,000 or both such fineand Ira, p~sonment as sat forth in S~otlon 37,10, P~nal Code , 2 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Mumc~pal Servmes ~ SUBJECT Consider approval of a tax refund to First American Real Estate Tax Servme for Mark & Joyce Wagner m the amount of $529 78 The 2001 property tax was paid twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing umt for refunds in excess of $500 00 Two payments were applied to homeowners Mark & Joyce Wagner's property tax account on December 31, 2001 Payments were submitted by both the t~tle company and tax service, resulting in an overpayment of $529 78 All documentatmn necessary for refund ~s attached FISCAL INFOILMATION The tax overpayment revenue fund would be reduced by $529 78 EXHIBITS Application for Refund Respectfully submitted Diana Ort~z D~rector of F~scal Operations APPLICATION FOR TAX REFUND ...... ~ollectlng office name Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON Present mai ~ng address (number and street) 601 E HICKORY SUITE F City, town or pest office, ~tate, ZIP code Phone (area code and number) DENTON, TX 76208 (940) 349-8318 To apply for a tax refund, the taxpayer must complete the following , , Step 1 WAGNER, MARK & JOYCE - PAiD BY FIRST AMERICAN REAL ESTATE TAX SERVICE Present Mailing Address (number and street) Owner's name 3435 N STEMMONS City, town or post office, state, ZiP code Phone (area code and number) / ~nd address DALLAS, TX 75247-3907 ...... Step 2 Legal descnptlon (or attach copy of the tax bill or tax receipt) Descdbe ;DOPER LANDING SEC 3 PH C, BLOCK A, LOT 42 Ihs property Address or location of property 3135 L!DO WAY Account number of property Name of Taxing Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is Reclu~red Is Requested Tax Payment Taxes Pa~d Requested Step 3 1 CI~ of Denton 2001 12131/2001 $ 529 78 $ 529 7~. Give the tax 2 CIt7 of Denton 2001 12/3112001 $ 529 78 ~ayment nformation 5 Taxpayer's reason for refund ( attach supporting documentation) THE TITLE COMPANY & MORTGAGE COMPAI~ PAID THE 2001 TAX, RESULTING IN A REFUND OF $529 78 *1 hereby apply for the refund of the above-descnbed taxes and certify that the Information I have g~ven on this Step 4 form is true and correct to the best of my know!ed~ and belief' ,~lgnature ~ [Jars ot app icatloh tot tax reruns Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and Imprisonment, 2 Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and tmprieonm?nt as set forth In ~ectlon 37 10, Penal Code omc o. Y Tnle tax refu.d Is I ~ IA"proved I J Disappreved ....... ~tel~ !' AUthorized officer ~ate ;tetermlnetlbn h ~ ~ 2 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT Consider approval of a tax refund to First American Peal Estate Tax Servme for Charles Beaver m thc amount of $946 80 The 2001 property tax was prod twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmms the approval of the governing body of the taxing unit for refunds m excess of $500 00 Two payments were received for homeowner Charles Beaver's property tax account Payments were received on December 31, 2001 and January 2, 2002, resulting ~n an overpayment of $946 80 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $946 80 EXItIBITS Apphcatlon for Refund Respectfully submitted Diana Ortlz D~rector of F~scal Operations ~:0 acting ofliPe name ~ ' COllecting tax for (taxing units) C TY OF DENTON TAY~ OFFICE CITY OF DENTON Present ma ng address. I~umber and .street) 601 E HICKORY SUl~ F City; t0Wh or post officol state, ZIP cede " ...... Phone (area code and number) [DENTON TX 76208 (940) 349-8318 TO apply for a'~ ;efun~ the texoavar must compl;[e the ~'o;l~,ng .......................................... LJwhers i~e~er ii ......... Step 1 3EAV~R~ CHARLE~ G. - PAID BY FIRST AMERICAN REAL ESTATE TAX SERVICE Pregnant Mailing Address (number and street) Owner's name ~H35N 8TEMMONS , I City, town or post office, atatel ZIP code Phone (area code and'humber) Step 2 Legal description (or attach COpy of the tax bill or tax receipt) Describe NORTHWOOO ~ BLOCK E, LOT t2 the property Address or location of property 2424 E WINDSOR , Acc°unt';umbar °f property ~la~$ 0f Taxlng '' Year ' Date " Amount Amount ~ Unit From WhiCh For Which Refund Of The Of Of Tax Refund I~e, ,,fund la Required , !~ Requested Tax Payment Taxes Paid Requested Step 3 1 C of Denton 2001 12/31/2001 $ 946 80 $ 946 80 Give the tax 2 Clt~' of Denton 2001 01/02/2002 $ 946 80 , payment 3 ,, information 4, , 5 ,~, I Ta~{paYer'a for refund attach documentation) RECEIVED TWO PAYMENTS FOR THE 2001 reason ( supporting I *1 hereby apply for the refund of the shays-described taxes and certify that the informahon I have given on this J Step 4 form is trueaod ~or~cA ~o :he best ~f my knowledge and belief* , J Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalUes I 1 Imprisonment of not more that the t0 years nor leas than 2 years and/or a fine of not more than $5,000 or both ~ su0h fine and imprisonment, 2 Confinement In jail for a term up to 1 year or a fine to exceed $2,000 or both such I fine and imprisonment as set forth in Se~lon 37 10 Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT. Tax ACM: Kathy DuBose, Fiscal and Mumc~pal Services ~ SUBJECT Consider approval of a tax refund to F~rst American Real Estate Tax Serwce for Rachel Gay m the amount o£$529 92 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval o£ the governing body of the taxing umt for refunds ~n excess of $500 00 Two property tax payments for homeowner, Rachel Gay, were received on December 6, 2001, and December 31, 2001 Payments were submitted by both the title company and tax service, resulting ~n an overpayment of $529 92 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $529 92 EXHIBITS Apphcat~on for Refund Respectfully submitted Diana Ort~z D~rector of Fiscal Operations APPLICA'~ ION FOR TAX REFUND 9o acting office name ' Collecting taX for (taxing'units) ~ITY OF DENTON TAX OFFICE CITY OF DENTON =resent mailing address tnumber and Street) 30'1 E HICKORY 8UITE F ~lty, town or post office; ~tate, ZIP code "' Phone (area code and number) DENTON, 'I'X 76205 i(940) ~49-8318 TO apply for a tax refund the taxpayer must complete the following 9[ep 1 RACHEL E GAY - PAID BY FIRST AMERICAN REAL ESTATE TAX SERVICE Present Mailing Address (number and street) Owner's name 8435 N, STEMMONS City, town or post office, state, ZIP code Phone (area code and number) Step 2 Legal description (or attach copy of the tax bill or tax recetpt) '~ ~ Describe NORTHRIDGE SUBD, BLOCK 1, LOT 6 the property Address or location of property 701 W WINDSOR Account number of property ~ '~//~"~ t [ ~ ,..:::~0 ~2 ~ ~) R,,,,,,o2 ?t'¢000{ Name of Taxing Year Date Amount Amount Unit From Which For Which Refund of The Of Of Tax Refund Refund la Required Is Requested Tax Payment Taxes Paid Requested Step3 1 CIt',/of Denton 2001 12/061200~ $ 529~,2 Give the tax City of Denton 2001 12/31/2001 $ 529 92 $ 529 92 payment .......... Information ¢ 5 Taxpayer's reason for refund ( attach supporting documentation) RECEIVED TWO PAYMENTS FOR THE 2001 TAX, REBULTING IN A REFUND OF $$29 92 *1 hereby apply for the refund of the above-described taxes and certify that the Information I have given on th~s Step 4 form is true and correct to the best of my knowledge and belief * ~lgnature k Date at applt,cation lot ~ax refund Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties 1 I~lprlsonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and impnsonment 2 Confinement in ia~l for a term up to 1 year or a fine to exceed $2 000 or both such fine and imprisonment as set forth in 8action 37 10 Penal Code " Thie, e,,ref,nd,a. I ¢ 'lm,,'o,,ed I .... IDlaappr°ved Ste~ AUthoriZed Offigar ~ Date 2 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT: Tax ACM. Kathy DuBose, F~seal and Munm~pal Services ~ SUBJECT Consider approval of a tax refund to First American Real Estate Tax Service for Herbert & Tamara Hmton m the amount of $524 04 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing umt £or refunds m excess o£ $500 00 Two payments were applied to homeowners Herbert & Tamara H~mon's property tax account on December 31, 2001 Payments were submitted by both the t~tle company and tax service, resulting m an overpayment of $524 04 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $524 04 EXHIBITS Apphcat~on for Refund Respectfully submitted D~ana Ort~z Director of F~scal Operations I I IHINTQN HERBERT & TAMARA - PAID BY F RST AMERICAN REAL ESTATE TAX SERVICE Step1 8 Pre*'&~t Ma ling Addrees {r~,,'~ber and ~treet) ............... name Step 2 Leg~al desonptlon (or attach copy of the tax bill or tax receipt) Dem3rlbe ::}AK I~IDGE E'~T ~LOCK 5, LOT 2 the property Ad,teas or location of property 142013OPPER RIDGE , Acobunt number of property t '~-5 ~,~ ~, I ~) l~ ~ / ~ Date Unit From Which For Whloh Re.nd of The Of Of Tax Refund Refyncl Is ,Required Is Requeste~ Tax Payment Taxes Paid Requested .~tap 3 CIt)~ of De~toa ............ 2001 12/3112001 .... $ 524 04 31va the tax Cl.,of DenOn 2001 12/3112001 $ 524 0~ $ 524 3ayment 3 ' nformat~n ~ , Ta~ayefs reason for refund ( aUach sUppoding do~mentation) RECEIVED ~O PAYMENT8 FOR THE,200,! A ~FUND O~ $824.04. *1 h~reby apply for the refund of the above-described taxes and certify that the information I have given on this Sign the form Any person who makes a false enby Upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 years nor less than 2 yearn and/or a fine of not mom than $5,000 or both auoh fine and imprisonment, 2 Confinement in Jail for a term up to 1 year or a fine to exceed $2,000 or both such , Penal Code AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Mmuclpal Servmes x'~ SUBJECT Consider approval of a tax refund to First American Real Estate Tax Service for Randy Park in the amount of $1,412 16 The 2001 property tax was pad twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 Two payments were applied to homeowner Randy Park's property tax account on December 31, 2001 Payments were submitted by both the title company and tax service, resulting in an overpayment of $1,412 16 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,412 16 EXHIBITS Application for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations APPLICATION FOR TAX REFUND .~ollenfing office name 3oltactlng tax for (taxing unita) CITY OF DENTON TAX OFFICE CITY OF DENTON =resent mailing address (rtumber and street) 30'1 E HICKORY SUITE F 3[ty, town or pos{ office, state, ZIP code Phone (area code and number) ~3ENTON, TX 79205 [940) 349.8318 To appty for a tax refund, the taxpaye~ ,muet complete the folfuw~ng uwne~"a Noble ~tap 1 PARK, RANDY - PAID BY FIRST AMERICAN REAL ESTATE TAX SERVICE Present Mailing Address (number and street) Dwner's name 8435 N ~TEMMONS~ City, town or poet office, state ZIP code Phone (area code and number) and address DALLAS~ TX 75247 3907 ............. ~ '~-~ ~"~)'~' ~/ Step2 Legaldescrlpt[on(orattachcopyofthetaxbillortaxreceipt) O ,~ \ ~}/L~t~ .ec,.be A0995AE TRACT,9 , ACREE0 5 a ¢ Ihe property Address or location of property' 2040 W, OAK ST .. Account number of property R354~6 Name of Taxing Year Date Amo~n~ Amount Umt From Which For Which Refund Of The Of Of Tax Refund Refl. lnd Is Required Is Requested Tax Payment Taxes Paid Requested Step 3 City ~ Dent~n 2001 12/3112001 $ 1,412 16 Give the tax City of Denton 2001 1213112001 $ 1,412 16 $ 1,412 16 payment information ¢ I Taxpayer's reason for refund ( attach supporting docomentatlon) RECEIVED T~NO PAYMENTS FOR THE 2nOl TAX, RESULTING IN.A REFUND OF $'1412 t8 *1 hereby apply for the refund of the above-described taxes and certify that the Information I have given on this Step 4 fora1 is true and correct to the best of my knowledge and belief ' .~ignature_ ~. Date o! application tot tax re,uno Sign the form sign , BI~ ~ ~ Any person who makes a false entry ~pon the foregoing record shall be sub,ant to one of the following penalties 1 Impds~nment~fn~tm~mth~tthe1~yearsnor~essthan2yearsand~~ra~ne~fn~tm~rethan$5~~~~~rb~th such fine and imprisonment, 2 Confinement in ta~l for a term up to 1 year or a fine to exceed $2 000 or both such fine and Imprisonment as set forth in Section 37 t0 Penal Code FCII~I~ICE USE ONLY ~tal~ ~: ~ Authorlze~ Officer Date 2 AGENDA INFORMATION SHEET AGENDA DATE. March 5, 2002 DEPARTMENT. Tax ACM' Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT Consider approval of a tax refund to F~rst American Real Estate Tax Service for Brian Duncan in the amount of $501 82 The 2001 property tax was pa~d twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the taxing umt for refunds m excess of $500 00 Payments were submitted on December 28, 2001 and December 31, 2001, from both the t~tle company and tax service m the amount of $501 82 These payments created an overpayment on the account, resultmg m a refund to the mortgage company m the amount of $501 82 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $501 82 EXHIBITS Apphcat~on for Refrmd Respectfully submitted D~ana Ort~z D~rector of F~scal Operations APPLICATION FOR T/~ REFUND Collecting office name ~, Collecting tax for' (taxing units) CITY OF DENTON TAX, OFFICE C TY OF DENTON PreSent ma ng adcJmas?(~flJmbet ani:l street) ' TX 76205 1340.8318 TX 75247-3~)7 Step 2 Legal description (or attach DOpy of the tax bill or tax receipt) Describe 2,RESTWOOD HEtGHT$, BLOCK B,.LOT IQ .............. the property Address or location of property .,o2o qH ReYW OD Account number of property, (~C4~)S/ ~)(~ <~)5~ Unit From Whl=h For Whloh Refund of The Of Of Tax Refund Refund Is Requ!md !~ Requited Tax Paymeqt Taxes Paid Requested Step 3 Clt~ ef Denton .~ 2q01 . 12/2812001 $ 501 82 Give 1ha tax City.~Of Dentes 2001 12131/2001 $ 501 82 $ 501 82 ~>ayment Information Taxpayer's mason for refund ( attach supporting documentation) RECEIVED TWO PAYMENT8 FOR THE 2001 'AX, REIIULTING IN A RBFUND,~OF, $~1~,,;B2, *1 hereby apply for the refund of the above-described taxes and cerfify that the Information I have given on this Step 4 I belief * Sign the form C:.5~ Anylpemon who mai(es a false enfiy upon the foregoing record shall be subject to one of the following penalties I I~prlaonment of not mom that the !EO years nor less than 2 years and/or a fine of not mom than $6,000 or both such fine and imprisonment, 2 Confinement irt jail for a term up to 1 year or a fine to exceed $2,000 or bath such AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Mummpal Services SUBJECT Consider approval of a tax refund to F~rst American Real Estate Tax Service for Rmhard Dufallo ~n the amount of $1,012 36 The 2001 property tax was paid twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the govermng body of the taxing unit for refunds in excess of $500 00 Payments were submitted on December 6, 2001 and December 31, 2001, from both the title company and tax service in the amount of $1,012 36 These payments created an overpayment on the account, resulting m a refund to the mortgage company in the amount o£$1,012 36 All documentation necessary for refund is attached FISCAL INFQRMATION The tax overpayment revenue fund would be reduced by $1,012 36 EXHIBITS Application for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations REFUND CITY OF DENTON 76206 34,9,0318 TO ap~l~,, for a tax refundI flle~taxpa~I' must ~plete the ~allo~n~ ........... 8top 1 D~FA~ RICHARD J, PAID BY FIR~ AMERICAN REAL ESTATE T~ SERVICE ' ' pm~t Malll~ Addreee (numbe~ a~ dt~et) Ownefsname 8435N, Cl~ town or post office, Slate, ZIP ~de ' Phone (ama code and ~umber) 8top 2 Legpl description (or attach copy of the ~ bill or tax receipt) Describe FORR~STRIDGE SEC lhe properly Address or Io~atlon of 35 HIGH~EW CR Ac=unt numbm of prop,~ / Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund le Requ red la Reclua~ted Tax Payment Taxes Paid Recluasted Step 3 ,cIQ of Denton 2001 12/o6/2001 Give the tax CIt~ of Denton , 200t 12/31/2001 $ 1,o12 36 $ 1,o12 38 ~eyment .... ,, nformafion Taxpayer's reason for refund (attaoh supporting documentation) RECEIVEO TWO PAYMENTS FOR THE 200i TAX~ I~F.,SULTINO IN A REFUND OF *1 hereby apply for the refund of the above-described taxes and certify that the Informahon I have given on this Step 4 Sign the form Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties I IF~pdaonment of not more that the 10 years nor less than 2 years andlor a fine of not more than $6,000 or both suah fine and Imprisonment, 2 Confinement In jail for e term up to 1 year or a fine to exceed $2,000 or both such 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT. Tax ACM. Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund to First American l~eal Estate Tax Service for David Moms in the amount of $691 72 The 2001 tax was pa~d twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 Payments were submitted on December 31,2001, from both the title company and tax service in the amount of $691 72 These payments created an overpayment on the account, resulting in a refund to the mortgage company in the amount of $691 72 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $691 72 EXHIBITS Application for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations APPUCATIGN FOR TAX REFUND .~ollectlng office name Collecting tax for (taxing units) CITY OF DENTON TAX OFFICE CITY OF DENTON Present mai ng address fhumber and street) $01 E HICKORY BUITEt= City, town er post office atata, ZIP code Phone (area code and number) DENTON, TX 76208 (940) 349 6318 To appty for a tax refund, the taxpayer must complete the following Step 1 MORRIS, DAVID - PAID BY FIRST AMERICAN REAL ESTATE TAX SERVICE Present Maclang Address (number and street) Owner's name 8435N STEMMONS City, town or post office, state, ZiP code Phone (area code and number) Step 2 Legal description (or attach copy of the tax bill or tax receipt) Describe RIVEROAKB ADDN PH TWO, BLOCK P, LOT 10 ...... the property Address or location of property 9612 CLEAR RIVER LN Account numl3ar of property ~ / Name of Tm(lng Year Date ' Amount ' unt Unit From Which For Which Refund Of The Of Of Tm( Refund Refund is Required Is RequeMed Tax Payment Taxes Paid Requested Step 3 Clty,of Denton 2001 12/31/2001 $ 691 72 Give the tax 2 city,of Denton 2001 12/31/2001 ,~ 691 72 $ 691 72 payment 3 ~format~on 4 5 Taxpayer's mason for refund ( attach supporting documentation) RECEIVED TWO PAYMENTS FOR THE 2001 t'AX, I~ESULTING tN A REFUND OF $69t ~2 *1 hereby apply for the refund of the above-described taxes and certify that the reformation t have g~ven on this Step 4 form $ true and correct to the best of my.,,,,,,,,,,,knowled~le., and, belief ~,gna~ ~~-r~ Date Ot qppi,cat,an rot tax rotund her? ~ Any person who mai(es a tales entry upon the foregoing record shall be subject to one of the ~ollowmg penalties 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment, 2 Confinement in jail for a term up to 1 year or a fine to exceed $2 000 or both such fine end imprisonment as set forth in Sea!ion 37 10 P~nei Code This taX: refufld IS~,, I "1Disappr°vad ~ep ~ r AUthOrlzed~Offi:er /'3 3ate !ateh'nlnat~a~n he, 2 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT Tax ACM Kathy DuBose, F~seal and Mummpal Servmes ~ SUBJECT Consider approval of a tax refund to First American Title for Thomas & Peggy LaPomt m the amount of $852 32 The 2001 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 Two payments were received on December 13, 2001 and December 31, 2001, from both the title company and tax serwce m the amount of $852 32 These payments created an overpayment on the account, resultlng ~n a refund of $852 32 At the homeowner's request, the refund will be sent to the t~tle company instead of the mortgage company All doeumentatmn necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $852 32 EXHIBITS Apphcat~on for Refund Respectfully submitted Dmna Ort~z D~rector of Fmcal Operations ( REFUND C~lleoting office name ~ ' ' ColleCIInb taX for (taxing un ts) CITY OF DENTON TAX'OFFICE CITY OF DENTON ~resant mailing addresel(numberand street) 601 E, HICKORY SUITE F C fy, town or post office,leta't~i ~'JP cocta PhOne (area code and number) DENTON, TX ?6=OS (~4D1 340-8318 TO apply for a tax refund, the taxpayer must complete the !tallOwing .~,~ r~ , , uwri~r'amerhe' Step 1 LAPOINT THOMAS & PEGGY -,PAID ;ty, FIRST AMERICAN TITLE Pre,ant Mailing Address (number and Owner's name 1100 I~LLAS DR, ,~UITE 1t2 CityI town or Peat Office, state, ZIP code Phone (at~ code,end ~urfibdr) Step ;2 Legal description (or attach copy of the tax bill or tax receipt) Desoribe .IAME~ DAUGHERTY ( REPLAT OF LOT t-10) LOT S ',ha property Address orloaatlon of property lg00 I.~I(3HLAND PARK, , ...... Account number of property R8~502 ,,, ..... ~lame of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund I~efund is Re;juIred Is F~a~,l~ted Tax Pennant Taxes Paid Requested 2001 12/13/2001 Step 3 C!t~ of Denton ..... Give the tax 2 City of Dantop , 200t 12/31/2001 i $ 852 32 payment 3 information 4 5 TaApayer's reason for refund ( attach supporting documentation) RECEIVED TWO PAYMENTS FOR THE 2001 TAX~ RESULTING IN A REFUND OF $Bll2,32, *1 hereby apply for the refund of the above.described taxes and certify that the information I have given on this Step 4 form Is true end correct to the be~ of nl~ knowledge and belief Any parson who makes a false entry upon the foregoing record shall be subject to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $6,000 or both such fine and impnsonmant, 2 Congnement In jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and imprisonment as set forth In Sentlon 37 10, Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, F~seal and Mttmclpal Servmes ~ SUBJECT Consider approval ora tax refund to Extraco Mortgage for Robert & Tracy Jones m the amount of $644 41 The 2001 tax was prod twine BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 Robert & Tracy Jones do not have an escrow account w~th a mortgage company Extraco Mortgage erroneously paid on Robert & Tracy Jones account on December 31, 2001, resulting m an overpayment of $644 41 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fired would be reduced by $644 41 EXHIBITS Application for Refund Respectfully submitted D~ana Ort~z Director of Fiscal Operations APPLICATION FOR TAX REFUND CITY OF DENTON 76205 ~ 349.8318 for a tax refund ~ TRACY JONES -~. PAID BY I 1717 state, ZIP code Step 2 Legal description (or aBach ~ of the ~ bill or tax m~ipt) De.dba the prope~ Addre~ or lo.lion of ~ope~ 2223 QAEEIA~E HILL ..... Ac~u~ number of pmpe~ Rt3~ ~ame of Tax ng Yea~ Date Amount Amount Unit From Which For Whloh Re[und Of The Of Of Tax Refund =~.~i.H Tax Pa~ent Taxea Paid Requested R~fa~d Is ~equ!~d IS E~ ~ ~ ~,~ Step 3 1 Cl~ ef Denton , 2001 ,, 12/31/2002 $ 644 4t , Sbe~etax 2 Cl~of~n~., 2001 , 01/24/2002 $ 64441 $ ~441 payment .......... i~formation 5 Taxpayers mason ~r ~und ( afresh ~ppo~lng documentation) M~,RTGAGE PND ON INCO~ECT P~CEL, E~_TtNG !N ~ REFUND OF *1 ~ereby apply for the re. nd of the able-close,bed texas and ce~ that the reformation I have given on this Stop 4 ~r~.lS tree an~ ~ to ~he best ofm~ knowledge ~ belief * si . ~t~r~ ~ j luam ot appiic~i~i~ mr mx relun~ 1 Imprlson~nt of not more th~ ~e 10 yearn nor le~ than 2 years ancot a fine of not more than $5,000 or both su~ fine and impH~nment, 2 Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such Penal ~de 2 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund to Republic Title for the Board of Regents of The University of North Texas System in the amount of $7,195 09 The Denton Central Appraisal D~smct prorated the 2001 property tax BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the govermng body of the taxing unit for refunds in excess of $500 00 The Umverslty of North Texas (UNT) purchased the Texas Instruments plant m 2001 Because UNT is a state unlvers~ty, they are exempt from paying property taxes The Denton Central Apprmsal District prorated the property tax for the number of months that UNT owned the Texas Instruments plant m the year 2001 Payment was made by Republic T~tle before the proration was completed, resulting m a refund to the title company in the amount of $7,195 09 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $7,195 09 EXHIBITS 2001 Supplemental Roll #6 Respectfully submitted D~ana Ort~z Director of Fiscal Operations AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Municipal Services x~ SUBJECT Consider approval of a tax refund to Extra¢o Mortgage for T~mothy & Lor~ Ford ~n the amount of $552 67 The 2001 property tax was ovcrpmd BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 Payment was received on December 31, 2001, m the amount of $1,145 34 for ~lmothy & Lor~ Ford's account At the t~me of payment, $592 67 was due This payment created an overpayment on the account m the amount of $552 67 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $552 67 EXHIBITS Apphcat~on for Refund Respectfully submitted D~ana G Ort~z D~rector of F~scal Operations APPLICATION FOR TAX REFUND IC011eofing office name ,'" ' """ ' ~olleclihg tax for (taxing Units) CITY OF DENTON TA~ OFFICE CITY OF DENTON I resent ms,,ng eddr..! .nd.treat) 160t E HICKORY SUITE F ,, IOlty, town or post offica,r state, zIP ~de Phone'(area code end number) ~DENTON, TX 76205 ] ,,, (940) 349-8318 ITc apply for e tax refund, the taxpayer must complete the fei Ow ng ~Step I ITIMOTHY & LORI FORD. -- PAID BY EXTRA.CO MORTGAGE ~ Present Mailing Address (number and Si/mat) ' ~Owner's name P0. BQX21717 ............. . Clty~ t0Wn or post offi,~e, state, zip code ......... phO~'~ (area COde ar{d ~utnber) lend address WACOm, TX 76702.;17t7, ,, .............. 8tap Legal description (or altech copy of the tax bill or tax receipt) 2 IDescribe SHERMAN OAKS ADDN, BLOCK A, LOT 39-R Ithe property Addmaa or location of property / 047 N !SE cv Account number of property Step 3 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund ..R~!und is Required.. Is Requested ............. 'Fax. peymen Taxes Pa d Requested 1 CIt~0f Denton 2001 12/31t2001 $1,145 34 , $552 67 Give the tax 2 payment 3 , .. iformatlon 4 Taxpayer's reason for refund ( attach supporting documentation) The 200t tax was only $592 67, however . $i~i40134 was sent In ~eaultln~l I.n an overpayment of $552 67 . form Is trua~a~,~rmct to the best of rn}~ knowledge and belief IStep4 *1 hereby apply for the refund of the above.described taxes and.corbfy that the informabon I have given on this ~'m.:~e' ~ // ../ " uate ot aPP,oa.o~'or mx reluna, here / /' ~, ~' , ....... Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties I imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both sueh fine end Imprisonment, 2 Confineroent In jail for a term up to 1 year or a fine to exceed $2,000 or both such fine ~and tmeriseamsnt as set forth In Section 37 10, Penal Cede ~,~ 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Mumclpal Services SUBJECT Consider approval of a tax refund to GMAC Mortgage for Kurt & Lacy Dreger ~n the amount of $1,025 36 The 2001 property tax was overpaid BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unat for refunds m excess of $500 00 GMAC Mortgage erroneously paid on parcel R38392 in the amount of $1,663 04 GMAC reahzed they paid on the incorrect parcel and a request was immediately sent to the C~ty of Denton Tax Office requesting a transfer of funds to the correct parcel, R225120 The amount owed on the correct parcel R225120 was $637 68, resulting m an overpayment of $1,025 36 All documentation necessary for refund ns attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,025 36 EXHIBITS Appheatlon for Refund Respectfully submitted Diana Ort~z Director of Fiscal Operations JAN i 7 2002 ~P~ON FOR T~ ~ND ~1~ OF DENTON T~ OFFICE C~ OF D~N~N ~1 E, HICKORY SUrE F ~iy','~ ~"~st Offi~ s~, ZIP o~e Phone (a~e ~e' ~d numbs) ~N, ~ 76295 940) ~; 83t8 ,,, To app~ for a ~x ~fun~ ~lm~ taxpa~r must ~m~lete the 5l~ I KU RT, F & ~CY D OREG~ -- PND BY GMat, MORTGAGE O~n.~s ~me PO B~X 780 A~ T~ DEPT~ JOHN$~ C~ ~wn of ~t of~, ~te, ZIP ~de ~hona (are~ ~e'"~'~ numar) and ed~raas WATE~OO IA ~T~ 07~ , , , ~p 2 Le0el deec~p~n (er a~oh ~py of ~ ~x ~{I o' I~ D~ RY~ ~CH PH ~ BLQ~ ~ LOT 20 ..... ale D~WNLtbHT OR ..... A~U~ number ~ 8420 ............... ~me of Ta~ Y~K Date ~ou'nt Unff FmmWhm~ For Whl~ Refund Of The Of ~T~und ~d ,S ~equ~ ~m R~ug~ Tax ~ent Te~m ~}d ~u~ ~ve the :~ pe~en[ ln~a~on ~4 ....... T~pay~a reaSOn ~r r~und ( a~ au~ng d~menmlion) ~h~?=o~t ps[qel ID was pl~d up far four ~ ant - ~ ~O Rag~2 wa* the In~ pamel, the ~m ID w~ R~B~ See b~kup '[ he~ agp~ ~c t~e ~funa of the ebo~bed t~a and ce~ that the i~mflon { h~e ~m~n on ~ ~p 4 for~ m true and ~o Ihu be~ of my kp~w~e~, end ~lief ' u~gna~m ...... ' ua 'e ~'~P ~uon ~or tax ~n the [O~m sign ~ Any pe~o~l who ma~es ~ ~alse ent~ upo~ the ~t~01ng m~ sha~ be s~bJect t~ ene of the ~llo~n~ such fine an~ Imp~sanm~t ~ Conflnem~t ~n jail for ~ la~ up to 1 y=;t or a ~ns to e~ad $2,000 or bmh ~ fine ~nd i~d~nm~nt as sat foMh ~n Sect{on ~7 10 P~nal Code FO~ OFRCE USE ONLY ............................... t~ ~nd Is ~p~v~ L ~Di~pproved 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Mumcipal Services ~ SUBJECT Consider approval of a tax refund to F~dehty National Title for Slegned & Suzanne Ehmke in the amount of $525 26 The 2001 property tax was paid twtce BACKGROUND Chapter 31 11 of the Texas Property Tax Code rcqmres the approval of the governing body of the taxing untt for refunds m excess of $500 00 Two payments were received for homeowner Stegned & Suzanne Ehmke's property tax account The homeowner's mortgage company pa~d the property tax on December 31, 2001, and ~ttle company paid on January 4, 2001 These payments created a refund that ~s due to the title company tn the amount of $525 26 All documentatton necessary for refund ts attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $525 26 EXHIBITS Application for Refund Respectfully submitted Diana Ortiz Director of Fiscal Operattons 29 2 02sll m L T ,TLE OFF'ZCE: \0 6656 Co]le~llngo~ce~erae ~ ~ ~ golla~ngtaxfar'(Ja~i~unit~) '"' ' 60~ E, HI~RY ~U~E F ~ENTON~ TX ITu apply for a ~ refund, ~e ta~ayae mv~ ~mplete lha ~llew fig 'Step ~ a~GRIEO ~ ~U~NNE ~MKE ~ PAID BY FIXITY ~TION~ TIT~ Pre~ Malll~'~d~es (num~ a~ C~ ~ ~ ~oat O~e s~m ZIP ~de Phone (~e~ ~ae ~d n~ber) ............... Gtep 2 L~al ~e~lp~on (or atte~ ~ ~11~e ~ bill ~ ~ re~lOl) 918 ~I~ANY D~VE .......... A~l number 0f Unh From Whl~ ~r Whi~ R~nd O~ The ~ Ra~nd 1~ Ra~ Is Reques~ Tax Pa~ent T~ Paid Requeal~ ~teo ~, I City o~ ~mafl .... 2~01 1~31t2001 ~, 52626 3ire the f~ 2 ,~,!~Y ~ ~nlan 2001 1~3112~1 $ ~2~, 26 ,fl ~6,26 ~oflt nfo~e~n 4, Texp~y~ mason ~t r~d ( ~ ~p~o~o a~menm~n) ~e ~t ~ w~ ~d ~,~ ~e by S~ '1 hereby apply ~r the mlund ef the ~dea~bad t~ a~ ~ Ihat the inr~a~on I have gtve~ on ~m ie Irue and ~ to, ~o ~ of my ~RP ~a bBller' ~ pe~n ~o ma~ea e ~ ~ upon ~e ~mgoiog m~ shall ~ s~Je~ to one of ~e fall0wl~ 1 tmp~nme~t ~ nol ~o~ (hat Ihe I0 yearn nor l~s then 2 ~a~ and/or a fine of fl~ ~m than $5,~ or both &u~ fine and ~rmonment, 2 Conflnem~t tn jah ~or a te~ up to 1 ~er or a fine ~ e~ $2,~0 or fine a~d I~nmenl as set fa~ In 9~ 37 t0, Pe~I Code AGENDA INFORMATION SHEET AGENDA DATE. March 5, 2002 DEPARTMENT. Tax ACM Kathy DuBose, Fiscal and Mumclpal Services SUBJECT Consider approval of a tax refund to First American T~tle for Randy McM~llan in the amotmt of $936 65 The 2001 tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the taxing umt for refunds m excess of $500 00 Two payments were apphed to homeowner Randy McMdhan's property tax account on December 31, 2001 Payments were submitted by both the title company and tax serwce, resulting in an overpayment of $936 65 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $936 65 EXHIBITS Apphcat~on for Refund Respectfully submitted D~ana Ort~z Director of F~scal Operations APPLICATION FOR collecting (:~rflce name I ' ~ "' ........ Collecting tax for (taxing units) CiTY OF DENTON TAX OFRCE CITY OF DENTON Present mailing eddre~ i~m~er en~l street) ' ' ' ' ' ....... i601 E, HICKOR~,,SUITE F icily, tOWn or POet c4/Ise[ ~taie; ZiP ~de' ' ' Pl~ne (area code and number) ~DENTON TX 7620~J ' (940) 349.83,1,6 To apply for a tax refiJnd~ the taxl3ayar roust comp etd the~foll~wlng I Step 1 MCMIU..AN RANDY J -.--PAID BY FIRBTAMI~RICAN TITLE ............ ! Pnlaent Mal~g Addre~ (number an~atreet) IOwner'ename 1100DALLASDRVESTE~ 112 , ' CIt~ town or p0st office ~tate zIi~ code Phone (area code and ~U~biir~) ~Deecr be DEEI~WOOD PH !~ BLOCK A, LOT 16 ..... l the property Address or lo=etlon property of Aceount number of property .... I ao Te f,g Year' ' ' ' pete Amount *moc.t / Unit Froro Which For Which Re, nd Of The Of Of Tax Refund i/ ~efund I~ ,Required .... a Requa~ta,d Tax Payment Taxes Paid Requested 81Bl~ap3 I CIt ofDpn, ton 2q01 12121/2001 $ 936655 93665 liGive the tax ~ CIt~, ef Denton 2001 12/31/2001 $ 93665 payment $ formation ~, .......... L Tel<payer's reason for refund ( attach supporting dooumentatlon) BOTH TITLE COMPANY AND MORTGAeE ! COMPANY PAiD THE ~0t TAX REBUI~T|N iN A REFVND OF 5936 65 , , / *1 hereby apply for the refund of the above, described taxes and certify that the Information I have given on this IStep 4 , fo~n ia trueand co~gct to the bes~t of ro~ knowledge ~nd belief * Any par~on who makes a false entry~ul~)n the foregoing record shall be subject to one of the following penalties I Impriaonment of not more that the ~10 years nor leas than 2 years and/or a fine of not more than $5,000 or both such fine and impflaonment, 2 Confineroent in jail for a term up to 1 year or a fine to exceed $2,000 or both such ! flnb and mprlsonment as set forth in Sentlon 3710 Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT Tax ACM Kathy DuBose, Fiscal and Mumc~pal Services SUBJECT Consider approval ora tax refund to Wells Fargo for Behnda & J Scott Rclb Jr ~n thc amount of $1,506 21 The 2001 property tax was prod twmc BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 Wells Fargo erroneously paid on parcel R38392 m the amount of $1,663 04 Once the m~stake was found, Wells Fargo immediately requested the C~ty of Denton Tax Office transfer the funds to thc correct parcel, R225242 The amount owed on the correct parcel R225242 was $156 83, resulting m an overpayment of $1,506 21 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,506 21 EXHIBITS Apphcat~on for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations ~lle~ng o~ name ~Jle~ng mx~r (~ un~) Ol~ OF ~BN~N T~ O~l~ O ~ OF O~ON ~me~i malll~O add~{n~ra~ ~t) ' C~, to~ or po~ off~e~ ~,~ ~de ..................... P~o~e {ama ~de eno number} Step i J ~Q~ JR & e~ NDA K REIB -~, PAID BY WELL& FARGO ...... P~ ~ ling Address (numbar ~d C[~, town or po~ ~, sam. ZiP ~ Phone (ama ~aa and andaddre~ O~, OINk8r IAa~O~ ~p ~ L~at d~l~on (or a~ ~py d the ~x ~11 or ~ reoe~t) 3es~tbe RYA~ ~N~H PH % B~K P L~0 ~e pmpe~ ~d~a or Iooa~on 0f ~pe~' , ........... 740a ~ VBRCHAaE TRL ,, ~ number of pm~ ........ ~ame ~ T~ng ~a~ Oa~ "Amount A~u~ UnH From Whloh FotWhloh R~ Of The ~ Of ~fu~d ~ Reqq~ la Re~d T~ ~m Taxea Paid Requ~d a~; the ~x Te~a~S ma~n ~r ~nd ( a~ supping d~on) Wells Fargo plaked up ~e In~m~ pa~l ~ fat their oll~ · the lO R3~ was ~e ~et panel: the oe,~e~ ID w~ ~a see beep M~ahed, · 1 hem~ apply~r ~e refund ~ ~a a~dea~bad ~x~ and ~at the l~n I have given on ~ 8~p 4 ~ I. t~e and oo~ ~e b~t of a~ and bell~ * I Imp~aon~ of not ~re that the ~0 ~ nor las Jan 2 yearn anJor a fine of ~ot mom ~an SS,0OO or su~ fine and Imgfl~on~t, 2, Co~fl~e~t In Jail fo~ a ~ up to t ~ar or a fl~e ~ e~eed $2,000 or bo~ ~e an~ ]m~flaon~nt aa ~t fo~ in S~on 37 10, Penal ~de ~Oa OmO~ US~ LY / ~ 'AU~O~ ~oer I AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT. Tax ACM. Kathy DuBose, Fiscal and Municipal Servmes ~ SUBJECT Consider approval ora tax refund to Susan & James Jakusz tn the amount of $881 38 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing unit for refunds m excess of $500 00 Two payments were received for homeowners Susan & James Jakusz's property tax account Payments were received on December 31, 2001, m the amount of $881 38 The homeowners erroneously pa~d their property tax, as well as, their mortgage company These two payments created an overpayment on the account, resulting m a refund to the homeowners in the amount of $881 38 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $881 38 EXHIBITS Appllcatmn for Refund Respectfully submitted D~ana Ort~z D~rector of Fiscal Operations APPLICATION FOR T/t~X REFUND COllec~cing office name ~ '" Collecting tax for' (taxing units) CITY OF DENTON TA~ OFFICE CITY OF DENTON Present mailing eddrea~'(nult~ll~et an~l street) " ........................... 60'1 E HICKORY SUlTEF City, town or post offico, stets, ZIPcOde PhOne (area code and number) DENTON TX 76205 (940) 349.8318 To apply for s tax refund, the taxpayer must comp eta the f0110wlnp .... gw~sra'r-{'e~ ' ................... Step 1 JAKUSZ~ JAMES & SUSAN Pre,eat Mailing AddreSs (number and ~et) Owner's name .~408 I~OTOMAC PKWY CiiyI town or Post office, state, ZIP code Pho,~e (area. code an.d~ numPer) end aiddr~es DENi~F~N. TX I~6210-2~8 iiI ~ ~ O) I~ ~ ~ ~'q ~ ~ q~ Step 2 Legial description (or attach copy of the tax bill or tax receipt) Deeoribe SOUTHR DGE ESTATES PH. 3, ELOCK 5~ LOT 3 ihs property Address or loostion of property 2408 I~OTOMAC PKWY Aco0unt number of prope~.y R20~H0§ II{ama of ~'axfng Year' Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund is RequIrecl. Is Requested Tax Payroent Taxes Paid Requested Step 3 1 CIt~ of Der~ton .... 2001 12/31/2001 $ 881 38 Give the tax 2 CIt~.0fDentqn 2001 12131/2001 .$ 881 38 $ ...88.1 38 payment 3 Information 4 5 Taxpayer's reaso~m for refund ( attach 8Upportthg doeuroentetion) BOTH HOMEOWNER AND MTG CO PAiD 200t PROPERTY, RESUI. TING IN A REFUND OF $881 38 *1 hereby apply for the refund of the above-described taxes and certify that the Inforroatlon I have given on th~a Step 4 form le true end correct to the I~eat of my know edna arid belief ' Any ~araon who roekea b felee entry upon the foregoing record sh-~ll be subject to one of the following penalties 1 Imprisonment of not roore that the 10 yeats nor tess then 2 years and/or a fine of not more than $5,000 or both such fine and iroprlsonment, 2 Confinement In jail for a term up to 1 year or a fine to exceed $2,000 or both such fine l{nd Imprisonment aa set forth in Se~;tlon 37 10 Penal Code AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT Tax ACM Kathy DuBose, Fmcal and Municipal Services ~ SUBJECT Consider approval of a tax refund to Wallace Dean Mulkey in the amount of $782 40 The 2000 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 Two payments were received for Mr Mulkey's property tax account Payments were received on January 5, 2001 and January 6, 2001, in the amount of $782 40 These payments created an overpayment on the account, resulting in a refund of $782 40 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $782 40 EXHIBITS Application for Refund Respectfully submitted Dmna Ortlz Director of Fiscal Operations APPLICATION FOR TAX REFUND Collecting atica name' '~" Collecting tax 1or' (taxing units) CITY QF DENTON TA~ OFFICE C TY OF DENTON , Present mailing address (number and street) 60'1 E HICKORYSUITE F City, town or post officeI, state, ZIP code ..................... Phone (area code and number) ? TON, TX 7620S ........................................ To apply for a tax refund, the taxpayer must complete the followmg I ,Jwhers .an~e Step I WALLACE DEAN MULKEY PreSent Ma lng Address (number and street) Owners name J200S CINDY LN I City', town ar post office, state. ZIP coda Phone (area code and number) and address DENTON, TX 76207-3228 Step 2 Legal deacnpt~on (or attach copy of the tax bill or tax receipt) Descrtbe RANCH EST, BLOCK B. LOT 14 he property Address or location of property 2006 CINDY LN Account number of propedy R21 00 ama o~ Taxing Year Date Amount Aroount Unit From Which For Which Refund Of The Of Of Tax Refund Refund ia Required Is Requested Tax Payment Taxes Pa~d Requested Step 3 Clt~ of Denton 2000 0t/05/2001 782 40 ~ive the tax Cit~ of Denton 2000 ....... 0,1/0~/2001 $ 782 40 782 40 3ayment ~nformation Taxpayer's reason for refund ( attanh suppoding documentation) RECEIVED TWO PAYMENTS FOR 2000 TAX, IESUI.TI~G IN AN OVERPAYMENT OF $782 40 *l hereby apply for the refund of the above-described taxes and certify that the ~nformat~on I have gwen on thru Step 4 form Is true and correct to the best of m ~ and behef * Sign the form record shall be 1 Imprlesnment of not more that the 10 years nor lees than 2 years andlor a fine of not more than $5,000 or both such fine and impnsonment, 2 Confinement m ja~l for a term up to 1 year or a fine to exceed $2 000 or both such 10, Penal Code AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT: Tax ACM' Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT Consider approval ora tax refund to Alamo Title Company for Frank Fisher m the amount of $590 81 The 2001 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 Two payments were apphed to homeowner Frank F~sher's property tax account The first payment was received on December 31, 2001, from the homeowner's mortgage company The second payment was received on January 9, 2002, from Alamo Title Company This second payment created an overpayment of $590 81, resulting in a refund of $590 81 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $590 81 EXHIBITS Apphcatlon for,Refund Respectfully submitted Diana Ortlz Director ofF,seal Operations C~esorlbe ~,U DIP~E~,;I~,O~ ~t LOT t 1~ pmpe~y Ad~m~ ~ ~?~flon o~ pmpe~, AcCount oumber~of pro~ ~r~Wh~nd Of The Of Of Tax R~und Ta~s Paid 'l~'~ ~"~ '~ ~'~"~'~ ~ ...... ~ 590 81 the tax ~f~O~nt~. 2O~l~ 01/04/2001 S 590 eJ S that the information I have given on this , I1 the foregelng reCord shall ba subject to on~ 1 Ilrriptieonme~t of not~more that the~O years nor less than 2 years and/or a fine of not mom than $5,000 or both auibh Jttle an~ I~pr sediment) 2, OCtnfl~ent in Jell for a term up to I year or a fine to exceed $2,000 or both such ,~ode 2 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT Consider approval of a tax refund to Wells Fargo for Timothy & Shannon Nack ~n the amount of $579 22 The 2001 property tax was overpaid BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the govermng body of the taxing unit for refunds m excess of $500 00 At the t~me of payment, $135 22 was due The payment that was submitted was m the amount of $714 44, resulting ~n an overpayment of $579 22 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $579 22 EXHIBITS Apphcat~on for Refund Respectfully submitted D~ana Ort~z D~rector of F~scal Operations C01~cting ~ffice name ~ Collecting tax for (taxing unite) CITY OF DENTON TAX OFFICE CITY OF DENTON P~esellt m~lllng addrees (number and a~reet) 60'1 E HICKORY SUITE F City, town or post office, effete, zip code Phone (area code and number) ~ENTON, TX 76205 , (940) 349-83t 8 , To appty for a tax refund, the taxpayer must complete the following Step 1 TIMOTHY A & SHANNON L HACK --- PAID BY WELLS FARGO HOME MORTGAGE Present Mailing Address (number and street) Owner's name 105 SW,5TH STREET City, town or post office, state, ZIP code Phone (area code and number) md address DES MOINES IA 50309 Step 2 Legal description (or at'~ach ~opy of the tax bill or tax reoeipt) ~escriba ~UMMtT~OAK6 ADDN, BLOCK E, LOT t0 ~he property Address or location of property 3840 CHIMNEY ROCK RD Account n~mber of property R205~58 N~i'ne 0f Taxing Year Date Amount Amount Unit From Which For Which Refland Of The Of Of Tax Refund Refund is Required Is Requested Tax Pa},ment Taxes Paid Ra(~uested 1tap3 CIt}/~f De.to. 21301 , 12/31/2001 ,$ 71444 $ 57922 Give the tax I )ayment ~formation Taxpayer's reason for refund ( attach supporting documentation) The 2001 tax was only $t 35 22, however re received a payment for $714 44, resulting in en overpay of $679 22 *1 hereby apply for the refund of the above.described taxes and certify that the ~nformatlon I have given on this Stap 4 form is true and el/el * Sign the form hereS~gn I ~ ~'~ - .~- Any person wh¢ record shall be subject to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and imprisonment, 2 Confinement in jell for a term up to I year or a fine to exceed $2,000 or both such fine and imprisonment as set forth in Section 37 10, Penal Code / 2 AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT: Tax ACM. Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT Consider approval of a tax refund to Transamerica Real Estate Tax Service for M~chael Murray in the amount of $532 47 The 2001 property tax was paid twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govermng body of the taxing umt for refunds m excess of $500 00 Two payments were received for homeowner Mmhael Murray's property tax account Payments were received on December 28, 2001 and December 31, 2001 m the amount of $532 47 Payments were submitted by both the t~tle company and tax service, resulting m a refund to the tax servme in the amount of $532 47 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fired would be reduced by $532 47 EXHIBITS Apphcat~on for Refund Respectfully submitted Dmna Ortlz Director of Fiscal Operations --- ' TOTAL P 0~ AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT: Tax ACM Kathy DuBose, Fiscal and Mumclpal Services SUBJECT Consider approval of a tax refund to Title Resources for Arthur Espanas in the amount of $687 06 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 Two payments were applied to Arthur Espanas' property tax account Payments were received on December 31, 2001, and January 8, 2002 from both the title company and tax service, resulting in an overpayment of $687 06 All documentatmn necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $687 06 EXHIBITS Apphcat~on for Refund Respectfully submitted Diana Ortlz Director of Fiscal Operations APPLICATION FOR TAX REFUND , ,, Collecting office name Collecting tax for (taxing units) CITY OF DENTON TAXiOFFICE CITY OF DENTON Present mailing address (number and street) )01 E,,,HICKORY SUITE[ F .;Ry, town or post office/state, ZiP code Phone (area code and number) DENTON, TX 76206 940) 349.83f8 7o appl~/for a tax refund, the taxpayer must complete the following Slep 1 ARTHUR K ESPANAS .... PAID BY TITLE RESOURCES Present Mailing Address (number and street) Owners name 1112 DALLAS DRIVE SUTIE 402 City, town or post office, state, ZIP code Phone (area code and number) Step 2 Legal desortpUon (or attach copy of the tax bill or tax receipt) DeEd'lbo AVONDALE 3, BLOCK H, LOT 28 he property Address or location of property 1529 VICTORIA DRIVE Aceount number of property R22592 ...... Name of Taxing Year Date Amount Amount Umt From Which For Which Refund Of The Of Of Tax Refund , R~ efund is Required la R~questsd Tax Pa~nent Taxes Paid Requested Step 3' CIt~ of Denton 2001 12/31/2001 $ 687 06 Give the tax 2 Ci~ of Denton 2001 01/08/2002 $ 687 06 $ 687 06 payment 3 information 4 5 Taxpayeffs reason for refund ( attach supporting documentation) The 200'1 tax was paid twice, once by Transamerica Real ~.~,t~, ...... Tax Service & then by Title Resources ok #1.214'19 resulting, in an overpay_ - of $687 06 *1 hereby apply for the refund of the above-described taxes and certify that the ~nformabon I have given on this Step 4 folm is tree and ~rrect to 1 ~best of m~/knowledge end belief * l::il~.~ ~tera /j /~ !~ ~ uate ct a~oliuu/[~ii for tax rotund Sign the form Any person who makes a tales entry u~d shall be subject to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5 000 or both such fine and imprisonment, 2 Confinement m jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and Impnaonm~nt as set forth m Section 37 10 Penal Code Fe eP me USE'ONlY ~ TpIl[~tax refund~leI 't pmvadI IDisapproved :letarminatl n 2 AGENDA INFORMATION SItEET AGENDA DAIE' March 5, 2002 DEPARTMENT' Tax ACM' Kathy DuBose, Fiscal and Municipal Services K~ SUBJECT Consider approval ora tax refund to F~rst American Real Estate Tax Service for Fry Street LP m the amount of $2,872 81 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing umt for refunds m excess of $500 00 Duplicate payments were received on December 31,2001, from both the previous and new mortgage company This created an overpayment on the account, resulting in a refund to the new mortgage company m the amount of $2,872 81 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue land would be reduced by $2,872 81 EXHIBITS Application for Refund Respectfully submitted D~ana Ort~z Director of Fiscal Operations APPLICATION { OFFICE CiTY OF DENTON HICKORY S TX i 348'8318 To apply for a tax refuriC~ the taxpayer must complete the following Step 1 FRY ~ ~p PiS- PA O BY ~,~ST AMER~AN REAL E~ATE T~ SERV CE Present Mailing Address (number an~ ~tmet) 3wner's name S435 ~ ,~EM~ON8 Cit~, town er p~t office, state; ziP c~ phone (area ~ an~ ~umber) ~tep 2 Legal description (or attach ~py of the tax bill or tax r~lpt) Describe ~RY~ STREET ADDN~ BLOCK 1, LOT 1 the pmpe~y A~r~s or Io~tlon of pmpe~y {10 BRYAN ST , ~e of Taxing Yaar Date AmOunt ' Amount Unit From Whl=h For Whi~ Refund Of The Of Of Tax Re,nd Refund ts Required Is Reque~d Tax Payment Taxes Paid Requested Step 3 City =f Demon, 2001 12/3112001 $ 2,872 81 Give the tax CitY of Denton 2001 1~31/2001 $ 2,872 81 $ 2,872 81 payment information Ta~paye(s reason for refund ( affach suppling do=umentation) , RECEIVED ~O PAYMENT8 F~ THE 200t ~ ~ESULT!NG IN A REFUND OF $2~B72 8~ *1 he.by apply for the ~fund of the above described ~xes and ~i~ that the information I have given on this 8tap 4 form Is t~e and ~rr~e~ to ~e ~eat ~ ~y ~led~e and belief * Sign the form slg~ ~ ~ ~q~ Any pemon who makes a false ent~ upon ~e foregoing record shall be subject to one of the foll~ing penalties I Imp~onment of not mom that the 10 yearn nor lees than 2 yearn and/or a fine of not more than $5,000 or both su=h fine and Imprisonment, 2 Confinement In jail for a term up to I year or a fine to exceed $2,000 or both such Penal Code AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT: Tax ACM' Kathy DuBose, F~scal and Mtmlc~pal Services ~ SUBJECT Consider approval of a tax refund to John & Leshe L~gon in the amount of $1,130 23 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 Payment was received on December 10, 2001 and December 31, 2001, from the mortgage company and the homeowner The homeowner was unaware the property tax would be prod by the mortgage company, resulting m a refund of $1,130 23 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $1,130 23 EXHIBITS Apphcat~on for Refund Respectfully submitted D~ana Ort~z Director of Fiscal Operations Co e{3tlt~g offi~ nerve Co act ng tax for (taXing units) CITY OF DENTON CITYOFDENTONTAXOI=FCE , u, ,, ,, i ~re~entma ng eddre~numberandetteet) 6~'1 E HIC~RY 8U~E F ~l~, tow~ ~r ~st 0ffi~ stat~; ZIP ~dde Phone (area code ~d ~ENTON, TX 76~ ~ ~ , {9~ 3494318 roe ly~rat~refu d lhelax~ermust~m~e~the~l~wl~g ,, PP .. ~..~ ........ ...... ~,~, ~,,,,,, ,. ~tep 1 JG~N~ JOHN & ~ner's name lglel ~ID ~ION P~ ~ Phnnnlnr~ 0i~ mWn ~r po~o~, state, ziP ~de~ . ..-~- ~e an~ number) an~ addres~ DENTON. TX 7~20~132~ , ~ffO ~ S,.2 L?~ d~sotiptlon (or ~aoh copy of the~iax b,II or.x re.lpt) the pmpe~ Address o~looetlon of pmpa~ !91~,~1D ~ON ~L ,, , ....... ~unt number of pmp~ ~ NameofTaHng Ye~ ~' Date Amount ~ount Of ~ Tax Refund unit From Whl~ For Whl~ Re,nd Of The Refund Is R~flulr~ I~ RequeSted ,Tax Payment ,,, Taxes Pad Requested ,, 9tap 3 ~t C~t~ of Denton 200t 12/10~001 $ 1,130 23 $ 1~130 23 ,nfor~tionP~;~tehnettax ~: ,tit, of Den.n4 , ' 2001,, 12/31/2001 $ %157. r ~paye~. ~a~on ~r refund ( a.a~h ~u~o.lng dooume~t~on) RECEIVED A PAYMENT FOR THE 2~01 PR~ P~ T~ FROM THE MOR~~a" ~MP~Y AND THE HOMEOWNER~ RESULTING IN A REFUND OF ~ *1 hereby aPP~ for the re.nd of the a~ve.des~be~ taxes and ceAify that the information I have glen on ~is ~ ~ ~ ~rm Is~ ~d ~ ~ ~ to,~he beat of my ~owledge ~d belief * uete or eppl~tlo~ for tax [ ~ny ~rson who, ,ks. a false .n~ .pon the ~oing m~rd sha~ be subject on8 of the ~l~wlng portal, es J ~ Imp~sonment of not more that the 10 y~rs nor less than 2 years an~or a fine of not more than $5,0~ or both I J Such fl~ and Im~lsonment, 2 Codlnement in Jail for a te~ up to 1 year or a fine to ex.ed $2,000 or bo~ such I ~n~n~mprlsonment ~ set fo~h ~ ~e~t!~n 37,10 Penal Code AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT Fiscal and Municipal Services ACM. Kathy DuBose, Fiscal and Munmxpal ServmesK~ SUBJECT Consider approval of a resolution by the City Council of the C~ty of Denton relating to the ~ssuance of taxable bonds and notes by North Texas Higher Education Authority, Inc, approwng the issuance of such bonds and notes and the use of the proceeds of such bonds and notes, making certmn findings m connection therewith, and providing an effective date BACKGROUND The North Texas Higher Education Authority, Inc was established as a non-profit corporation for the purpose of furthenng educational opporttm~tles of students by providing funds for the acqms~t~on of student loans The Cities of Arlington and Denton exercise the powers enumerated under Section 53 47 of the Texas Education Code and the directors of the Authority are appointed by the Cities Under Section 53 47 the Authority may ~ssue revenue bonds or borrow money to prowde funds for the purchase of student loans guaranteed under provisions of the H~gher Education Act of 1965, as amended The Authority issued ~ts first revenue bonds for such purpose in 1979 North Texas Higher Education Authonty, Inc (NTHEA) ~s required by law to obtain approval from ~ts sponsonng crees for ~ssuances of debt to finance its student loan secondary market program act~wtles The C~ty has previously approved the Authonty's borrowing under taxable lines of credit At flus time, the Authority is seeking the C~ty's approval for ~ssuance of taxable bond obhgat~ons The Authority apphed for, but did not receive a tax-exempt allocation under the state volume cap, and will now be reqmred to wmt until 2003 to issue tax-exempt bonds PRIOR ACTION/REVIEW (Council, Boards, Commissions) NTHEA, Inc approved the issuance of taxable bonds up to $200,000,000 on February 25, 2002 FISCAL INFORMATION There 15 no fiscal ~mpact to the C~ty of Denton EXHIBITS Memo from NTHEA Resolution Respec lly subm~tte~ I~ewman ~' Assistant D~rector of Management and Budget North Texas H gher Education Authority, Inc MEMORANDUM TO Mayor and Council C~ty of Denton FROM North Texas Fhgher Education Authority, Inc DATE February 12, 2002 SUBJECT Request for Approval for Issuance of Taxable Student Loan Revenue Bonds As you know, the North Texas Ittgher Education Authority, Inc (NTHEA) ~s reqmred by law to obtatn approval from ~ts sponsonng crees for ~ssuances of debt to finance its student loan secondary market program activities The Authority last came to you m 1998 for approval of suffic~em amounts of tax-exempt debt to fund ~ts purchases over the followang three years Four series of bonds have been ~ssued since that t~me, and those funds have been utilized by NTHEA, together vath recycled pnnc~pal fi.om ex~sttng bond tssues to acqutre student loans from its parttclpat~ng lenders In October 2001, NTHEA apphed for but d~d not recetve a tax-exempt allocatton under the state volume cap for $35 malhon, and wall thus be reqmred to watt untd 2003 to ~ssue tax-exempt bonds Therefore the Authority proposes to tssue taxable auction rate secunttes to fund ~ts program ~n the ~ntenm The proceeds wall be used to acqmre loans from Wells Fargo Bank (formerly F~rst State Bank of Texas) and other lenders participating m the Authonty's program, as well as to fund consohdataon loans for certatn of the Authonty's borrowers who have loans wath multaple lenders and can benefit from the consohdat~on program The C~ty has previously approved the Authonty's C~ty of D~ntol~002 doe 1250 E Copeland Rd Suite 200 · Arhngton, Texas 76011-4921 · (817) 265 9158 · www nthea corn borrowing under taxable hnes of credit, however, the Authonty heretofore has not sought approval for the issuance of taxable bond obhgatlons It is for issuance of this type of bonds that the Authority seeks the Cites approval The attached summary v~ll prowde you w~th detmls of the Authonty's historical financing actlxatles Also, you may be interested to know that to date, NTHEA has acquired loans aggregating approxanately $1 2 hilhon, of which apprommately $577 malhon is currently outstanding As always, the City's support is gratefully acknowledged NTHEA is proud to be in the sponsorship of a council who believes strongly in its stated purpose of proxadlng students access to financial assistance for higher education Should you have any questions or reqmre further information, please contact Kathryn Bryan, Assistant Secretary North Texas Higher Education Authority, inc 1250 East Copeland Road, Suite 200 Arlington, TX 76011-4921 (817) 265-9158 Thank you again for your interest and support of the program Enclosure -2- NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES 1979-February 1, 2002 Tax-Exempt Financings: Current Outstanding Credit Date Type Amount Purpose Balance Prowder 1979 Series A $ 10,000,000 New Loan Purchases $ -0- None 1980 Series B 6,000,000 New Loan Purchases -0- None 1982 Series A 11,845,000 Refund Series A&B -0- AMBAC 1982 Series B 25,000,000 New Loan Purchases -0- AMBAC 1983 Series A&B 50,000,000 New Loan Purchases -0- AMBAC 1985 Series A 23,100,000 Refund 1982B -0- AMBAC 1987 Series 1987 98,000,000 Refinance Loans Held Under 87,750,000 Bank of Line of Crcdlt America 1990 Series 1990 50,000,000 Refinance Loans Held Under 41,000,000 Sallie Mae Line of Credit 1991 Series 1991A-F 153,500,000 Refinance West Texas 50,000,000 AMBAC/Salhe Debt/New Loan Purchases Mae 1991 Series 1991G 90,000,000 Refinance West Texas Debt -0- Mitsubishi 1993 Series 1993 A-D 140,000,000 Refinance 1991G Bonds/New 108,400,000 Sallie Mae Loan Purchases 1996 Series 1996 A-D 43,000,000 Refinance Portmn of 1991 43,000,000 AMBAC Bonds/New Loan Purchases 1998 Series 1998 40,815,000 Refinance Portion of 1993 40,815 000 Bank of Bonds/New Loan Purchases America 2000 Series 2000 A 67,580,000 Refinance Port, on of 1991 & 67,580,000 Bank of 1993 Bonds and Lme of Credit America 2000 Series 2000 B 35,000,000 New Loan Purchases 35,000,000 Bank of America 2001 Series 2001 A 39,545,000 Refinance Port~on of 1993 39,545,000 Sallie Mae Bonds/New Loan Purchases Total $883.385.00~0 $513.090.000 Tax Exempt Financing NTHEA Finance 1 of 2 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES 1979-February 1, 2002 Taxable Financings: Current Outstanding Credit Date Type Amount Purpose Balance Provider 1986 Line of Credit $ 90,000,000 New Loan Purchases and to $ -0- Fuj~ Bank Refinance Loans Held Under Series 1983A and 1983B 1989 Line of Credit 100,000,000 New Loan Purchases 50,000,000 Salhe Mae 1990 Line of Credit 50,000,000 Interim Financing of Loans for -0- Bank One 1990 Bonds 1995 Four-year 25,000,000 New Loan Purchases -0- Salhe Mae Advance 1996 Line of Credit 50,000,000 New Loan Purchases -0- Fuj~ Bank 2000 Line of Credit 75~000,000 New Loan Purchases 50,000,000 Bank of Amerlcfl Total Taxable Financings $ 390.000.000 $100.000.000 NTHEA Finance 2 of 2 RESOLUTION NO A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF TAXABLE BONDS AND NOTES BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC, APPROVING THE ISSUANCE OF SUCH BONDS AND NOTES AND THE USE OF THE PROCEEDS OF SUCH BONDS AND NOTES, MAKING CERTAIN FINDINGS 1N CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the North Texas H~gher Education Authority, Inc (the "Authority") was estabhshed as a non-profit corporatmn, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthenng educational opportunlt~es of students by prowthng funds for the acqulslt~on of student loans, and WHEREAS, the City of Denton and the C~ty of Arhngton have requested the Authority to exermse the powers prowded for m Section 53 47 of the Texas Education Code, as amended, for and on their behalf, and WHEREAS, pursuant to such request, the Authority has issued tax exempt student loan revenue bonds or otherwise borrowed money to obtain funds to purchase student loans wfuch are guaranteed under the prows~ons of the H~gher Education Act of 1965, as amended, and WHEREAS, due to the scarmty of tax-exempt funds and restrictions on their use, the Authority must ~ssue taxable bonds and notes to fund the purchase of student loans, and WHEREAS, the Authority requests that the City approve the Authonty's msuance of taxable bonds and notes, to be msued m one or more series, as needed, to augment the Authonty's tax-exempt funds, WHEREAS, the C~ty w~shes to approve the ~ssuance of taxable bonds and notes provided that City is not responsible m any way for such bonds and notes, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 That the C~ty Council of the C~ty of Denton, Texas, hereby grants tts approval to the North Texas H~gher Educatmn Authority, Inc to ~ssue and dehver taxable student loan revenue bonds and notes or other taxable obhgatmns, in one or more series ~n an aggregate pnnc~pal amount not to exceed the hmxt approved for the North Texas Higher Education Authonty, Inc, for the purposes of obtmnmg funds to purchase student or parent loan notes which are guaranteed under the Higher Educatmn Act of 1965, as amended, refunding outstanding obhgatlons of the Authority, and setting aside the amount the Authority determines ~s necessary for a reserve and for operating costs and paying the cost of ~ssumg such obhgat~ons in accordance w~th the laws of the State of Texas, ~ncludlng Chapter 53, Texas Education Code SECTION 2 The C~ty of Denton, Texas requests that the Authority exermse the powers enumerated and provtded for m Section 53 47, Texas Education Code, as amended, and that such non-profit corporation shall, ~n th~s connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Sectxon 53 47(e), Texas Education Code, as amended SECTION 3 The City of Denton, Texas does not agree to assume any responsibility in connectmn w~th the admlmstrat~on of the Authonty's student loan program Sole respons~b~hty for the adm~mstrat~on of the Authonty's student loan program is assumed by the Authority SECTION 4 Further, it is recogmzed by the City of Denton, Texas that the ~nstruments which authorize the ~ssuance of bonds, notes, or obhgat~ons by the Authority w~ll specifically state that the City of Denton, Texas is not obligated to pay the prmopal of or interest on the bonds, notes, or obhgat~ons proposed to be issued by the Authority Nothing ~n this resolution shall be construed as an lndmatlon by the C~ty of Denton, Texas that ~t will pay or prowde for the payment of any obhgat~ons of the smd Authority whether theretofore or hereafter ~ncurred, and ~n this connection, attentton is called to the Constitution of the State of Texas, where~n it ~s prowded that a mty may recur no indebtedness w~thout having made prowslons for its payment, and the C~ty Council of the C~ty of Denton, Texas hereby specffically refuses to set aside any present or future funds, assets or money for the payment of any ~ndebtedness or obhgat~on of the Authonty SECTION 5 It ~s hereby officmlly found and determined that the meeting at which thru resolution is passed ~s open to the pubhc, as reqmred by law, and that pubhc not,ce of the t~me, place and purpose of smd meeting was posted, as reqmred by law SECTION 6 Thts resolution shall become effective tmmed~ately upon ~ts passage and approval PASSED AND APPROVED this the day of ., 2002 EUL1NEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE' March 5, 2002 DEPARTMENT' Tax ACM' Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT Consider approval of a resolution authorizing the sale of property located within abstract 616 of the S C Hiram Survey, Tract 16, Old DCAD Tract 2, by the County of Denton, Texas as Trustee £or the taxing entitles pursuant to Texas Property Tax Code Section 34 05 for less than the market value or total amount of judgment agmnst the property, and providing an effective date BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds m excess of $500 00 Denton County filed suit on the property described in the Denton County Deed Records, Volume 349, Page 288, SAVE and EXCEPT that property described in Volume 578, Page 47 for the payment of delinquent property taxes and accrued penalty and interest The parcel of land was offered for sale on February 6, 2001, at a public auction pursuant to the judgment of the District Court of Denton County, Texas The parcel of land did not receive sufficient bids as stated in the Tax Code and was struck off to Denton County, as Trustee for itself, the City of Denton and the Denton Independent School District The taxing units involved desire to resell the parcel of land RECOMMENDATION Recommend approval of the resolution It is in the best interest of the City to authorize the sale of the property FISCAL INFORMATION Delinquent property taxes and mowing liens on the above mentioned property total $2,439 02 ($1,297 65 taxes and $1,141 37 mowing liens) EXHIBITS Resolution Respectfully submitted Diana Ortiz Director of Fiscal Operations KESOLUTION NO A RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED WITHIN ABSTRACT 616 OF THE S C HIRAM SURVEY, TRACT 16, OLD DCAD TRACT 2, BY THE COUNTY OF DENTON, TEXAS AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY TAX CODE SECTION 34 05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENT AGAINST THE PROPERTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Cause No 98-0352-158, County of Denton vs Hattie Smith a/k/a Hattie Wright a/k/a Hattie L Wright, was filed in the D~smct Court of Denton County, Texas to collect delinquent taxes on the following described property, to wit 410 Acre out of Abstract 616 of the S C H~ram Survey, Tract 16, Old DCAD Tract 2, an Addmon to the City of Denton, Denton County, Texas being that property more partacularly described m the Denton County Deed Records, Volume 349, Page 288 SAVE and EXCEPT that property described m Volume 578, Page 47 of the Deed Kecords, Denton County, Texas, WHEREAS, the Dmtnct Court of Denton County, Texas grunted Judgment on April 6, 2000, m favor of the taxing junsdmUun of Denton County as follows County of Denton $ 644 02 C,ty of Denton $ 1,297 65 Denton Independent School Dmtnct $ 3,975 01 T~tle Research Fees $ 100 O0 C~ty of Denton Mowing Liens $ 1,141 37 TotalDue $ 6,058 56 Market Value $24,255 00 (Accor&ng to Denton Central Appraisal DtstrtcO WHEREAS, the smd parcel of land was offered for sale on February 6, 2001 by the Sheriff of Denton County at public anctmn pursuant to judgment of the Dmtnet Court of Denton County, Texas, for foreclosure of the tax liens secunng payment of delinquent property taxes and accrued penalty and interest, and WHEREAS, smd parcel of land d~d not recewe sufficient bid as set by law and was struck off to the County of Denton, Trustee, in trust for xtself, the Cny of Denton, a mummpal corporatmn and Denton Independent School D~smct pursuant to Section 34 01 (c) Property Tax Code, and WHEREAS, the taxing umts ~nvolved desire to resell smd parcel of land m an expedatmus manner pursuant to Section 34 05 Property Tax Code, and WHEREAS, the City Council finds that it is the public interest to authonze the sale of the property, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The City of Denton, does hereby anthonzed the Trustee to solicit from the public, bids on the smd parcel of land or to request that the Sheriff of Denton County to sell tins property pursuant to Sectmn 34 05 (c) Property Tax Code, and we do hereby consent to the sale of said parcel of land to the highest bidder even if the bid tendered is less than the market value of the land specffied in judgment of foreclosure or the total mount of the judgment against the property The Mayor is authorized to execute any deed necessary to convey the parcel of land upon sale SECTION 2 Tins ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the __ day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AGENDA DATE: March 5, 2002 DEPARTMENT: Englneenng CM/DCM/ACM: Dared Hdl, 349-8314 SUBJECT Consider adoption of an ordinance approving the purchase ofa 0 568 acre pubhc utility easement and a 0 354 acre temporary construction easement between the C~ty of Denton and Jeffrey W Noe and Jeanle T Noe, easements located in the J Cheek Survey, Abstract No 227 and the H William Survey, Abstract No 1417, Denton County, Texas, anthonzlng the expendxture of funds therefor, and prowdmg an effective date (Lake Ray Roberts Water Transmission Lxne Project) BACKGROUND Negotiations for the easements have been ongoing for the last six months We have reached an equitable understanding and have come to terms with the owners regarding acqms~tlon of the necessary easements Th~s item was pulled from the consent agenda from the February 19, 2002 Denton City Council meeting because one xssue had not yet been resolved, t~mmg of tap installation for a single resldentml serrate Originally it was contemplated that a 1" tap loop and meter can would be installed dunng the eonstmctxon of the water mmn to s~mphfy a potentml connection to serve the Noe's residence at a later date Presently, xt xs unknown if a 1" tap loop would be adequate to serve thmr needs because their rasldence is located a s~gmficant distance from the proposed water mare and there has been no study performed by the Noes to quantify their water needs Therefore, instead of xnstallmg a speculative water tap that may prove to be undersized and not used, we support paying them an addltmnal $675, our field charge to install a 1" tap loop & meter, and they can set up a Customer Service account and pay their connection fees on their own terms, when they have a better idea what size meter they will need, based on a plumber's analys~s and our rewew OPTIONS 1 Approve the ordinance, or 2 Denial, or 3 Table for future consideration RECOMM~gNDATION Staff recommends approval of the ordinance and acqmsltlons ESTIMATED PROJECT SCHEDULE ProJect startldate m March 2002 PRIOR ACTION/REVIEW City Council briefing in closed session September 4, 2001 City Council action on S~tcmbar 4, 2001 to authorize final offer & eminent domain City Council action on November 6, 2001 further defining rights to be acquired & eminent domain City Council consent agenda on February 19, 2002 (pulled the night of the meeting) FISCAL INIrORMATION $40,675 for easements and improvements plus an additional $2,299 contingency payment after two years should tcwnporary construction easement need to be renewed for an additional year ATTACHMENTS ~ Locatlon map ~ Draft ordinance Prepared By Paul W~lhamson Real Estate & Capital Support Manager Respectfully submitted Charles Fledler, Director Engmeenng Department Location Map , C~ty of Denton .... -- ,, Engineerin~GIS Augus~ 24, 2001 ~ r-' Clear Cree/r -' ~ ORDINANCB NO AN ORDINANCB APPROVING THt{ PURCHASE OF A 0 568 ACRE PUBLIC UTILITY EASEMENT AND A 0354 ACRE TEMPORARY CONSTRUCTION BASEMBNT BETWEBN THE CITY OF DENTON AND JEFFREY W NOB AND JEANIE T NOB, EASEMENTS LOCATBD 1N ~ J CHEBK SURVEY, ABSTRACT NO 227 AND THB H WILLIAM SURVBY, ABSTRACT NO 1417, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVID]'NG AN EFFECTIVE DATE (LAK~ RAY ROBERTS WATER TRANSMISSION LINB PRO/~CT) THE COUNCIL OF THB CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manas~r or Ins demlgnee ,s hereby authorized to puraha~ a pubhe utfllt7 ~memant and tempor~u7 conduction easemem m substantmlly the form of the Ease~ent wbaoh is atta~lmd hereto and made a pm of tl~s ordmance for ail purposes re§ardmg the L~k¢ Ray Robea~s Trm~m~smon Wat~rhne Pro3ect SECTION 2 The Chty Mmmg~r or bas designee is asthonzcd to make the expenditures and ex,rome the rights and duties of the City ag set forth in the attached Easement SECTION 3 This orthnance shall become effective lmmedtately upon its passage and approval PASSED AND APPROVED this the day of ,2002 BULINE BROCK, MAYOR ATTBST JENNIFBR WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL F/)RM S \ROW Shared\Projects\Ray Roberts Water Project\Ray Roberts~moved from~PHW_HD\Ray Roberts H20\Noe\Noe Easement 02 25 02 doc UTILITY EASEMENT That JEFFREY W NOE AND JEANIE T NOE, (Grantor), an consaderataon of the payment of Forty Thousand Sex Hundred and Seventy, Fare Dollars and No Cents ($40,675 00) by the CITY OF DENTON, Texas, (Caty), a munacapal corporataon of the State of Texas, receapt of whach as hereby acknowledged, grants and conveys~ to the Caty a permanent easement for water, sanatary sewer, storm water draanage papes, lanes, and other publac utalaty facalataes as hereanafter defaned, across the real property owned by Grantor, as descrabed an Exhabat ~'A" and allustrated an Exhabat "C" attached to and ancorporated anto thas do'oument by reference The grant made ancludes and as subject to the followang I Purpose Thas easement grants to the Caty the raght to construct, anstell, reconstruct, repeat, relocate, operate, and maLntaan water, sanatary sewer, and storm water papelanes, valves, facalataes and appurtenances and other publac utalataes and related facalataes, ancludang underground communacataon lanes in, on, under and across the permanent easement Thas easement does not permat electrac or gas utalataes 2 Temporary Constructxon Easement In addxtaon to the permanent easement, the Caty as granted a temporary constructaon easement for the anataal oonstructaon of one water transmassaon papel~ne The temporar~ constructaon easement shall be thirty (30) feet an wadth as descrabed an ExhabLt "B" and allustrated an Exhibit ~C", both attached herewLth Upon conclusaon of the anLtLal oonstructaon, the temporary constructLon easement shall termanate and the City shall remove all debras, surplus matera&l, and construction equal~aent and leave the property substantaally equal an appearance to the condatLon exastang praor to constructaon, except for any trees or shrubs removed The temporary construotLon easement shall termanate under ars own te~s two years from the date hereof, provided, however, that t~e CLty may extend the temporary constructaon easement for an addataonal year peraod upon payment to Grantor of the addLtaonal sum of $2,299 00 praor to the end of the orxganal term 3. Bualdang and Structures Except as provxded herean, Grantor shall not construct, erect or place any bumldLngs, sxgns, or other permanent structures, or portxons thereof, Ln, on, or over the easement. The Caty wxll replace or repaxr any sadewalk, parkang lot, or draveway that exasts on the easement on the date of executaon of thas anstrument af removed or damaged by the Caty durang anataal constructaon of the water transmassacn lane If the Grantor constructs or places a bualdang, sagn, parkang lot, draveway, pravate walkway or other structures or amprovements over the easement after executaon of thas easement document, the Caty may remove all or part of the structures or amprovements as necessary to construct, reconstruct, replace, repaar, alter, relocate, operate or otherwase exercase ets raghts herean wathout any oblagataon to replace or repeat the structures or amprovements and wathout any laabalaty to Grantor, ancludang the oblagataon to make further payment to Grantor 4 Fences and Gates Grantor has a substantaal masonry gate and entry feature along the western boundary of the subject property wathan the permanent easement area as shown on Exhabat ~'C" (the ~Exastang Gate") As part of the compensataon for thas easement the Caty has compensated Grantor for the cost to relocate the Exastang Gate However, the Caty agrees that the anataal constructaon of the water transmassaon lane wall not requare the removal of the Exastang Gate at thas tame However, should the anstallataon of an addataonal water transmassaon lane requare the removal of the Exastang Gate then the Exastang Gate may be caused to be removed by the Caty by gavang Grantor at least 90 clays wratten notice to remove and relocate the Exastang Gate If Grantor fails to remove the Exastang Gate wathan that tame peraod the Caty shall remove the Exastang Gate wath no addataonal compensataon due Grantor and wath no laabalaty whatsoever to the Grantor In such case Grantor wall be permatted to relocate the Exastang Gate wathan the easement area but only to the extent that at does not anterfere wath the Caty's reasonable use of the two water transmassaon lanes Any New Gate or Exastang Gate relocataon wathan the pe~nanent easement area shall requare approval of the Caty Enganeer prior to anstellataon, such approval shall not be unreasonably wathheld Should Grantor desire to relocate the Ex~st~ng Gate praor to the Caty's request to do so Grantor may relocate the Exastang Gate to another locataon wathan the easement area that · s no further from the sub]eot eastern boundary l~ne than the Ex~stang Gate as currently satuated The new gate must be of samalar damensaons as the Exastang Gate Such relocataon shall be at Grentor's sole task and should the ~nstallataon of the second water trensm~ssaon lane require the removal of the relocated gate at shall be removed at Grantor's expense (no addataonal oompensataon to Grantor) as provided above for the removal of the Ex~stang Gate After the second water Page 2 transmmssaon lane as mnstalled and completed the permmtted relocated gate anstallataon by Grantor shall be allowed to ex~st and w~ll not have to be removed as a result of addatmonal utalaty anstallat~on except at the expense of the Caty After completion of the anat~al constructaon, the Caty shall reinstall any fence anat~ally removed or relocated mn thear oraganal locataons The Grantor, but not the Caty, may construct new fences and other gates wath~n the easement after the date of thas ~nstrument but except as provaded below, the fences and gates shall be placed substantaally parallel to the easement and as close to the boundary of the easement area as ms reasonably practaoable Any fences placed across the easement shall contaan gates or removable panels so that the easement ms readaly accessable by the caty's employees and agents at all tmmes If gates are to be kept locked by Grantor, the Caty shall be provided the keys or other means, as applmcable, so the Caty may open all locks for access wmthout praor notace to Grantor 5 Access For purposes of exercmsmng ats raghts, the Caty shall have access to the easement by way of exastxng publac property or raght-of-way and not from other lands owned by Grantor outsade the easement 6 Trees and Landscapmng Grantor shall not plant any tree upon the easement property Cmty may cut, trmm, or completely remove any trees or portmons of trees now or hereafter located wathan the easement wathout laabalmty to Grantor, ancludxng the oblagatmon to make further payment to Grantor Grantor may plant shrubs, vanes, grass, xrragataon systems and other systems landscape features wmthmn the easement, but the Caty may remove all or part of any shrubs, vanes, grass, or other landscape features as ms necessary to construct, reconstruct, replace, repamr, alter, relocate, or operate ats utal~taes wathout any laabmlaty to Grantor, · ncludang the oblagatmon to make further payment to Grantor 7 Crops. The payment heremn made mncludes any c~unage or loss to crops sustaaned an the future by Grantor resultxng from the Caty's constructaon, reconstructmon, repamr, replacement, or other use of the easement for the purposes granted 8 Grantor's Rxghts Grantor shall have the rmght to make use of the easement for any purpose that does not anterfere wmth the Caty's rmghts an the easement for the purpose granted, subject to the restrmctxons contaaned herean Page 3 9 Neather party has made any representataons or promases outsade the wratten provasaons of thas easement document relatang to the subject matter of thas easement document 10 Successors and Assagns Thas grant shall run wath the land and shall be bandang upon the partaes and thear hears, successors, and assagns 11 The Grantor shall be permatted to connect to the proposed dastrabutaon stub-out tee to be located wathan the 50 foot wade easement from Ben and Rhonda Kang to the Caty Dated Apral 17, 2001 and recorded an Vol 4952, Pages 1856 of the Real Property Records of Denton County, Texas to provade water servace to the exastang resadence The locataon of the water dastrabutaon stub-out tee shall be located as close to the common Kang/Noe property lane as practacal A Caty of Denton Customer Servace account shall be set up by the Grantor at the tame of physacal connectaon The Grantor shall be responsable for all tNloacal connectaon fees, ancludang ampact fees at the tame of physacal connectaon At the tame Grantor's property as developed for uses other than ats exastang uses of one sangle family residence and agraoultural uses, water dastrabutaon lane connectaon wall be allowed to serve those uses, assumang there Ks suffaoaent capacity to serve those uses on Grantor's property and the City as able to meet the overall capacaty needs of the C~ty at the tame of such request for connection In such case the Grantor shall be responsable for all typacal connectaon fees anclud~ng ampact fees and other requarements ~ncumbent on land development at the tame of proposed development SI~NED thas day of , 2002 JEFFREY W NOE JEANIE T NOE Subscribed and sworn to before me, by JEFFREY W NOE AND JEANIE T NOE thas the __ day of , 2002 Notary Public, State of Texas Page 4 Accepte~l th~s day of , 2002 for the C~ty of Denton, Texas (Resolution No 91-073) Paul W~ll~amson Real Estate & Capital Support Manager Grantee's Address Paul W~ll~amson C~ty H&ll East 601 East H~okory Street, Suite B Denton, Texas 76205 Page 5 Surveyors & Engineers of North Texas 1621 Amanda Court Ponder, Texas 76289 Ph (940) 482 2806 FAX (940) 482 2911 Toll Free (877) 481 SENT · www sentcorp corn RAY ROBERTS WATER LINE PARCEL #4 TRACT 1 50' UTILITY EASEMENT FIELD NOTES to ail that certain tract of land sttuated m the J Cheek Survey Abstract Number 227 and the H Wfihams Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described m the deed from Denms E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2879, Page 544 and part of the called ten acre tract described in the deed from Denms E Fen'art et ux to Jeffi'ey W Noe et ux recorded m Volume 2875, Page 991 of the Deed Records of Denton County, Texas, the subject ri'act being more particularly described as follows BEGINNING for the Southeast comer of the tract being described hereto at the Southeast comer of the sa~d 92 701 acre tract and the Northeast comer of the called 283 734 acre tract described m a deed from Donald J Carter et ux to Equestrian Development Corporation of North Texas recorded under Clerk's File Namber 00 R0085449 of the Deed Records from which a fence comer post bears South 88 Degrees 03 Minutes 44 Seconds a d~stance of 2 feet, THENCE North 89 Degrees 11 Minutes 05 Seconds West generally along a fence ~,~tth the South hne of the 92 701acre tract and the North hne of the 283 734 acre tract a dtstance of 58 2 feet, THENCE North 31 Degrees 39 Minutes 10 Seconds East 50 feet Nonh~est of and parallel x~ ~th the Northwest right-or- r, ay hne of FM 428 a d~stance of506 6 feet to the South line of the called 23 994 acre tract described in the deed from Gerald J Monhemttzky to Ben F Krug et ux recorded m Volume 4129 Page 1478 of the sa~d Real Property Records, THENCE South 65 Degrees 33 Minutes 14 Seconds East ~th the South hne of the Krug tract and the North hne of the Ten acre tract a d~stance of 50 4 feet to the Northeast comer thereof and the Southeast comer of the Krug ri'act, THENCE South 31 Degrees 39 Minutes 10 Seconds West ~ tth the North~est right of ~a~ of FM 428 and East hne of the Ten acre tract passing the Southeast comer thereof and continuing w~th the East hne of the 92 701 acre tract a d~stance of 453 I feet to the PLACE OF BEGINNING and enclosing 0 568 acres IO Surveyors & Engineers of North Texas 1821 Amanda Court Po~der Texas 78259 Ph (940) 482 2909 FAX (940) 482 2911 Toll Frea (877) 481 SENT '.WVW aentcorp corn RAY ROBERTS WATER LINE PARCEL #4 TRACT 2 30' TEMPORARY CONSTRUCTION EASEMENT FIELD NOTES to all that certain tract of land s~tuated tn the J Cheek Survey Abstract Number 227 and the H Williams Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 ?01 acre tract described m the deed fi.om Dennis E Ferrar~ et ux to Jeffrey W Noe et ux recorded in Volume 2879, Page $44 and part of the called Ten acre tract described m the deed from Denms E Ferrar~ et ux to Jeffrey W Noe et ux recorded m Volume 2875, Page 991 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southeast comer of the tract being described hereto on the North hne of the called 283 734 acre tract described tn the deed from Donald J Carter et ux to Equestrmn Development Corporation of North Texas recorded under Clerk's File Number 00-R0085449 of the Real Property Records and the South hne of the said 92 701 acre tract and being North 89 Degrees 11 Minutes 0.5 Seconds West a al;stance of 58 2 feet from the Southeast comer thereof and the Northeast comer of the 283 734 acre tract, THENCE North 89 Degrees 11 Mtnutes 05 Seconds West generally along a fence '.~ lth the South line of the 92 701acre tract and the North line of the 283 734 acre tract a d~stance of 34 9 feet, THENCE North 31 Degrees 39 Minutes l0 Seconds East 80 feet Northwest of and parallel s~tth the North~est rtght of- way hne of FM 428 a dtstance of 520 8 feet to the South hne of the called 23 994 acre tract described m the deed fi.om Gerald J Monhem~tzky to Ben F Ktng et ux recorded ~n Volume 4 I29, Page 1478 of the sa~d Real Property Records and the North hne of the said Ten acre tract, THENCE South 65 Degrees 33 Minutes 14 Seconds East with the South hne of the King tract and the North hne of the Ten acre tract a d~stance of 30 2 feet, THENCE South 31 Degrees 39 Mtnutes 10 Seconds West 50 feet Northwest Gland parallel with the North'vest right of wa~, of FM 428 across the ten acre tract passing the South hne thereof and contmmng across the 92 701 acre tract a dtstance of 506 6 feet to the PLACE OF BEGINNING and enclosing 0 354 acres PARCEL ~4 ~urveyO~s NOE LANDS o~ o2-o~-o~ N o r t h UTILITY EASEMENT EXHIBIT sc~ ~ ~so T e x a s, CHEEK Sy A ~7 & WILL.MS SY A 1417 ~ DRAWN KYJR AGENDA DATE. March 5, 2002 Questions concerning this acquisition may be directed DEPARTMENT' Purchasing to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT An Ordinance of the City of Denton, Texas anthonzmg the expenditure of funds for the payments by the City of Denton for Electrical Energy Transmission fees to those listed cities and ut~htles providing energy transmission services to the City of Denton, and providing an effective date (Purchase Order 103402 to Brazos Electric Power Coop, Inc, Purchase Order 103414 to Reliant Energy HL&P, Purchase Order 103416 to Lower Colorado Raver Authority, Purchase Order 103419 to Texas Municipal Power Agency, Purchase Order 103420 to TXU Electric Transmission Division, Purchase Order 103441 to the City of Austin Electric Utility and Purchase Order 103503 to Texas-New Mexico Power Co, in the total amount of $825,861) BID INFORMATION The seven purchase orders reflect the estimated cost of transmission of electrical energy from the generation source to the Denton Municipal Electric Distribution System for January through December 2002 The purchase orders are for payment of a fee imposed by the Public Utility Commission of Texas (PUCT) for planned transmission services of energy dehvered to the City of Denton The Public Utility Regulatory Act of 1995 (PURA 95) reqtured the development of a new, statewlde mechanism for electric transmission service m Texas PURA 95 also placed municipal utlhtles under the jurisdiction of PUCT for matters related to transmission As a result, the Denton Mumelpal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments These purchase orders will encumber funds estimated as costs for services through September 30, 2002 No funds will actually be spent until invoices are received, reviewed, and approved RECOMMENDATION We recommend approval of Purchase Order 103402 to Brazos Electric Power Coop, Inc, Purchase Order 103414 to Reliant Energy HL&P, Purchase Order 103416 to Lower Colorado River Authority, Purchase Order 103419 to Texas Municipal Power Agency, Purchase Order 103420 to TXU Electric Transmlss~on Division, Purchase Order 103441 to the City of Austin Electric Utlhty and Purchase Order 103503 to Texas-New Mexico Power Co, in the total amount of $825,861 Agenda Information Sheet March 5, 2002 Page 2 PRINCIPAL PLACE OF BUSINESS TXU Elec-Transmlss~on D~v Brazos Electric Power Coop, ][nc Rehant Energy HL&P DallaS, TX Waco, TX Houston, TX City of Austin Elec Ut~hty Lower Colorado R~ver Authority TMPA Austin TX Austin, TX Bryan, TX Texas- New Mexico Power Co Fort Worth, TX FISCAL INFORMATION Funds to meet these regulatory fee obhgat~ons were budgeted in 2001-2002-budget account (600400 6072) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 10P 103402-Brazos Power Coop, Inc $ 61,075 50 Attachment 20P 103414- Rehant Energy HL&P $169,530 75 Attachment 30P 103416- Lower Colorado R~ver Authority $103,994 25 Attachment 40P 103419-TMPA $ 60,273 00 Attachment 50P 103400- TXU Electric Transmlssmn $347,170 50 Attachment 60P 103441- C~ty of Austin Electric Utd~ty $ 52,523 25 Attachment 70P 103503- Texas- New Mexico Power Co $ 31,293 25 I AlS Electrical Energy Transmission Fees Attachment 1 o Attachment 2 ~ ° O~- ~ ~ ~ Attachment 3 Attachment 4 o g o~ Attachment 5 ~ ~° _ _~ o ~ o-~ ~ ~ Attachment 6 ~ o~ ~ ~ ~ ~ o z Attachment 7 ~° ~ o ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FLrNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROViDING AN EFFECTIVE DATE (PURCHASE ORDERS 103402 TO BRAZOS ELECTRIC POWER COOP, INC, PURCHASE ORDER 103414 TO RELIANT ENERGY HL&P, PURCHASE ORDER 103416 TO LOWER COLORADO RIVER AUTHORITY, PURCHASE ORDER 103419 TO TEXAS MUNICIPAL POWER AGENCY, PURCHASE ORDER 103420 TO TXU ELECTRIC TRANSMISSION DIVISION, PURCHASE ORDER 103441 TO THE CITY OF AUSTIN ELECTRIC UTILITY AND PURCHASE ORDER 103503 TO TEXAS- NEW MEXICO POWER CO, IN THE TOTAL AMOUNT OF $825,861 ) WHEREAS, m order to comply with the legmlatlve requirements contained m the Utility Regulatory Act of 1995, for the payment for energy transm~ssxon services fees, the City of Denton as reqmred to pay such fees imposed by the Public Utflmes Comm, sslon of Texas to two hsted utfl,t~es set forth m Exhibit "A" and WHEREAS, the C~ty Manager has rewewed and recommended that the City Counml approve and authorize the payment of such, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the expenditure of funds in the amount of $825,861 to be paid to the Listed Utflmes m the speeffied amount shown on Exh~Nt "A", wbach ,s attached to and made a part ofth~s ordinance for all purposes is hereby anthonzed SECTION 2 That this ordinance shall become effective lmme&ately upon ~ts passage and approval PASSED AND APPROVED tl~s the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED.~g'JT, O LEG~FORM EXHIBIT "A" OP 103402- Brazos Power Coop, Inc $ 61,075 50 OP 103414- Reliant Energy HL&P $169,530 75 OP 103416- Lower Colorado River Authority $103,994 25 OP 103419- Texas MunIcipal Power Agency $ 60,273 00 OP 103400- TXU Electric Transmission $347,170 50 OP 103441- City of Austin Electric Utility $ 52,523 25 OP 103503- Texas-New Mexico Power Co $ 31,293 25 TOTAL $ 825,861 00 AGENDA INFORMATION SHEET AGENDA DATE March 5, 2002 DEPARTMENT Legal Department CM/DCM/ACM Herb Prouty, Caty Attorney SUBJECT Consader and adopt an ordanance of the Caty of Denton, Texas, prescnbang regulations regarchng notice to be provaded the Caty and its resadents of a gas utflaty's statement of antent to increase rates, providing certmn procedures for pubhcataon of notace of a statement of antent to increase rates, provadang that thas ordinance is cumulative, provadmg a severabthty clause, and provlchng an effectave date BACKGROUND: We antacapate that an the near future TXU Gas Dastnbutlon wall be filing another gas rate case, whmh will anclude most of the cataes an the Dallas/Fort Worth area One concern we have wath thas type of area-wade or regmnal fihng as the adequacy of the notice that the CaW receaves an such filings We have heard that TXU intends to pubhsh a notace ofthas gas rate anerease in the Dallas Mormng News, whmh as not a paper of general circulation within thc Caty of Denton or that ats notme m the Denton Record-Chrontcle wall not be specffic enough to put local ,rate payers on notme of the ampact of the antampated rate ancrease request Such a notme would be much more hkely to reach the attentmn of the ratepayers wathm Denton af it as pubhshed m the Denton Record-Chromcle Addataonally, an thc recent case entatled Spencer Generating Company, L P v TXU, there was some testamony gaven that TXU need only file documents with the Caty Secretary to initiate a rate case We are concerned that under these mreumstaaces the pubhc officmls and ratepayers w~thm the Caty of Denton wall not be receavmg adequate notice of an upcomang rate ancrease A number of Cltaes, ~ncludlng the c~taes of Longvlew, Leander, Burnett, Greenville, and Corsmana have adopted samflar orthnances We understand TXU has appealed the notate ordinances adopted by these cat,es to the Texas Railroad Commission There could be a rulmg on these appeals to the Railroad Commassaon prior to your March 5, 2002 meeting At your February 19, 2002 work sessaon you darected us to bring an ordinance requmng more specific notice by a gas utlhty of a gas rate case filing to you for your consaderataon at your March 5th meeting You asked what addmonal anformataon would the gas utility need to pubhsh and how much thas would cost We beheve that since TXU already will have to pubhsh notme of the rate increase an the Denton Record-Chromcle at wall only need to add speeffic lnfonnataon about thelpercentage merease for the commermal and resadentaal customer classes and the dollar and cents increase for the average resadentml and commercaal customer We belaeve this additional mformataon would reqmre less than ten lanes of conspacuous type The Denton Record-Chromcle informs us that l0 lanes of the conspicuous type would cost $92 or $368 for four separate pubheataons, 20 hnes would be $184 or $736 for four separate publications, 50 lanes would cost $460 or $1,840 for four pubhcataons and 100 lanes would cost $920 or $3,680 for four publlcataons The cost ~s about $9 20 per lane ORDINANCE PROVISIONS' The ordinance would require gas utflatles lake TXU to publish notace m a newspaper of general clreulataon wathan the Caty of Denton, a e, the Denton Record- Chrontcl¢ The notaee must be pubhshed in a conspmuous type or font The notme as reqmred to cont~un the effective proposed rate increase expressed as an annual dollar increase over adjusted year revenues including the percentage increase for residential and commercial customers and additional reformation You currently are involved in an investigation into a complaint made by Spencer Generating Company, L P over the unfairness and unreasonableness of rates to ~ndustnal customers in Denton Part oftlus investigation seeks to determine why TXU, who had asked £or an approximately $220,000 annual increase in industrial rates ~n Denton and represented this was going to be the total amount of the industrial rate increase in testimony regarding the rate increase that was approved last July, now ~s claiming the actual rate mcrease that was granted to them was around $580,000 This type of a notice ordinance should help assure that TXU and other gas utilities will provide more accurate information concernmg the impact of the requested rate on all classes of gas customers in Denton FISCAL IMPACT: The enactment of this Notice Ordinance will, m itself, not have a significant fiscal impact upon the City of Denton except for the possible pass through of the pubheatlon costs to Denton rate payers But ff TXU appeals the ordinance to the Railroad Commission and the City becomes revolved m those proceedmgs, there could be additional costs to the City to hire consultants and utlhty attorneys to represent the City in this proceeding Respectfully submitted, City Attorney Page 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBiNG REGULATIONS REGARDING NOTICE TO BE PROVIDED THE CITY AND ITS RESIDENTS OF A GAS UTILITY STATEMENT OF INTENT TO INCREASE RATES, PROVIDING CERTAIN PROCEDURES FOR PUBLICATION OF NOTICE OF A STATEMENT OF INTENT TO INCREASE RATES, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Utthtles Code authorizes the City to act as the regulatory authority to ensure that fair, just, and reasonable rates and adequate and efficient services are provided by the gas utlhtles operating within the City, and WHEREAS, the City finds that in order to provide meaningful review of any proposed rate increase it Is important that the City receive meaningful input from the City's citizens concerning any proposed gas rate increase, and WHEREAS, the City's citizens must receive adequate notice to be able to participate ~n any City review of a gas utility rate increase proposal, and WHEREAS, the Texas UtdltleS Code authorizes the regulatory authority to require that the utility provide other information as needed as part of the statement of intent, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 NOTICE OF UTILITY RATE INCREASES (A) Notice m a proceeding seeking approval for a rate increase before the local regulatory authority A utthty in the City that wishes to increase 1ts rates for gas utility service in the City shall give notice in accordance with this Ordinance (B) Publication of notice The Apphcant shall publish notice for four consecutive weeks in conspicuous form in the Denton Record-Chromcle The Applicant shall publish the body of the notice in at least 12-point type The heading for the Notice shall be in at least 16-point type, entitled "Notice of Gas Rate Increase Request" (1) The published notice shall at a minimum contain the following further 1n formation (a) The effect the proposed change is expected to have on the base rate revenues, exclusive of the commodity costs of gas, on the Company expressed as an annual dollar increase over adjusted test Page 1 year base rate revenues and as a percent over adjusted test year base rate revenues, (b) A description of the service for which a change is requested, (c) The percentage increase for the residential class within the City over present base rate revenues, (d) The percentage increase for the commemlal class w~thln the C~ty over present base rate revenues, (e) The dollars and cents amount of the base rate increase for a residential customer located w~tfun the City, using 6 Mcf, (f) The dollars and cents amount of the base rate increase for a commercml customer located within the City, using 30 Mcf, (2) The notice shall specify a proposed effective date, if posslble, which is at least 35 days after the filing date The notice shall provide a point of contact with the City for persons who wish to seek further reformation or ~nterventlon A telephone number shall also be provided (C) Affidavits regarding notice The applicant shall submit to the City Secretary an affidavit attesting to the provision of notice required by this section within thirty (30) days of the completion of notice by publication (D) Sufficiency of application The utility shall not be deemed to have made a complete Statement of Intent to Increase Rates for proposes of the statutory effective dates under the Texas Ut~htles Code unless notice ~s provided consistent with these requirements SECTION 2 NOTICE The copy of this Ordinance shall be sent to each gas utility operating within the City SECTION 3 CUMULATIVE REQUIREMENTS Th~s Ordinance is cumulative of all other reqmrements for not,ce under state law SECTION 4 SEVERABILITY If any term, condition, or section of this ordinance or application thereof to any person or circumstance shall, to any extent, be held to be invalid, unenforceable, or unconstitutional, the remainder hereof, as well as the application of such term, condition, or section to persons or circumstances other than those as to whom it shall be held to be lnvahd, unenforceable, or unconstitutional, shall not be affected thereby, and this ordinance and all the terms, condltmns, and sections hereof shall, m all respects, continue to be effective and to be complied with It ~s the intent of the City of Denton in adopting this ordinance that no portion or provision thereof shall become ~noperattve or fall by reason of any invalidity, Page 2 unenforceablhty, or unconstltUtlonahty of any other portion or prowslon, and to this end all prowsmns of this ordinance are declared to be sever able SECTION 5 This Ordinance shall become effective lmme&ately upon ~ts passage and approval PASSED AND APPROVED this the day of _, 2002 EUL~EBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 AGENDA INFORMATION SHEET AGENDA DATE. March 5, 2002 DEPARTMENT: City Manager's Office CM: Mike Conduff, City Manager SUBJECT An ordanance ordenng a recall eleet~on to be held in the C~ty of Denton, Texas, on May 4, 2002 for the purpose of detenmmng whether C~ty Cotmcfl Member Raymond Redmon shall be removed from D~stnct 1 of the City Council of the City of Denton, Texas by recall, des~gnatmg a voting place and appointing election officials, providing for bilingual not,ce of the alectlon, ordenng that an clectromc voting system bc used, making additional provisions for the conduct thereof, providing an open meetings clause, and prowdmg an effective date BACKGROUND On February 13, 2002, Ms Carolyn Phllhps, representing a committee of petitioners, submlttexl a petition for the recall of Council Member Redmon That petition was found to be ~n eomphanee w~th provisions of the City Charter and was certified at the C~ty Council meeting of February 19, 2002 Passage of this ordinance would fulfill Section 4 13 (c) of the Charter Respectfully submitted - ~en~i~er~Walters City Secretary cttARTER § 4 16 (b) If the city secretary finds the petition insufficient he shall return it to tho committee of tho petitioners, without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon thc sams grounds If tho city secretary finds the petition sufficient and in compliance with the provisions of this Article of the Charter he shall submit the petition and his certificate of it8 suffictency to the council at its next regular meeting and immediately notify tho councilman whose removal is sought of such action (cl If the councilman whose removal is sought does not resign within seven (7) days after such notice tho city council shall thereupon order and fix a date for holding a recall election nut less than thirty (30) nor more th~m ~lxty (60) days alter thc petition has been presented to the council Il'no general election is to be held within this time the council shall provide for a special election No 79 80, § 2, 12 11-79, ratified 1.19-80) Sec 4.14 Reoall election ballots. Ballots used at recall elections shall conform to the follow*ag requirements ia) With respect to each person whose removal is sought the question shall bo submitted *'SHALL (name of person) BE REMOVED FROM TIlE CITY COUNCIL BY RECALL?" (b) Immedmtely bclew each such questi°n shall be printed the tw° f°ll°wing pr°p°stti°n8' one above the other, in the order indicated "YES" "1~O" See 4.15. Results of recall eleetion. If s majority of tbs votes cast at n recall election shall be against tho recall of the councilman nnmed on the ballot, he shall continue in office If n mt0ectty of tbs votes cast at a recall election be for the recall of the councilmnn named on the ballot, he shall be deemed removed from office and the vacancy shall be filled in the manner prescribed in Article 11, section 2 04 of this charter Sec. 4 lO Limitations on recalls. No petition shall be filed against a councilmembec within slx (6) months after ho takes office nor against a councilmember who has been subjected to n recall election and not removed thereby until at least six (6} months after 9uch election Should a regular election occur during the time when n recall petition is current and should the person(s) being recalled be reelected, the recall petition shall ho null and void (Ord No 79 86, § 2, t2 11 79, ratified 1 19 80} 15 ORDINANCE NO AN ORDINANCE ORDERING A RECALL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 2002 FOR THE PURPOSE OF DETERMINING WHETHER CITY COUNCIL MEMBER RAYMOND REDMON SHALL BE REMOVED FROM DISTRICT 1 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS BY RECALL, DESIGNATING A VOTING PLACE AND APPOINTING ELECTION OFFICIALS, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, MAK1NG ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on or about February 13, 2002, a pet~Uon seeking the Recall of C~ty Cotmcfl Member Raymond Redmon was filed with the C~ty Secretary, and WHEREAS, w~thn seven days of the fihng of the pet~tmn ~n accordance w~th SecUon 4 13 of the C~ty Charter, the C~ty Secretary examined the peutlon and has submitted her certificate stating that the petatlon ~s sufficient and m compliance with the prowslons of Article IV lmUat~ve, Referendum and Recall of the C~ty Charter, and WHEREAS, Cotmcfl Member Raymond Redmon has ~ndlcated that he does not ~ntend to resign Ns office mad m order to comply with the reqmrements of the Recall Elecnon provisions of the C~ty Charter, the Texas Election Code and other applicable pmvls~ons of the law, it ~s necessary to order a Recall Election, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS gRCTI('IN! 1 That a mumc~pal Recall Electron ~s ordered to be held ~n the City of Denton, Texas ~n conjuncUon with the regular C~ty Councd elecUon called by Ordinance 2002-037, on Saturday, May 4, 2002, such date being a uniform election date as defined in Tex Elec Code §41 00I, as amended (the "Code") for the purpose of determ~mng whether Council Member Raymond Redmon shall be removed fi.om the C~ty Council by Recall SECTIC)NI 2 That the polhng place, whmh shall be open fi.om 7 00 a m to 7 00 p m, shall be as follows Voters residing ~n D~stnct No 1 shall vote at MARTIN LUTHER KING, JR. RECP~EATION CENTER 1300 WILSON STREET DENTON, TEXAS ~qRCTI(3N 3 That the election offimals for the elecnon shall be as follows a For the Central Counting Station George Spuller, Presiding Judge, Don Alexander, Manager, and Ran&e Gmstman, TabulaUon Supervisor b For District No 1 Ruby Cole, Presadlng Judge and Betty Kimble, Alternate Judge The presiding judge of the Central Counting Station and of District No 1 are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as mqmred by law The rate of pay for electlonjudges and clerks shall be the maximum mount provided for by State law SI~,(2TICIN! 4 That early voting shall be conducted for the election by the Office of the City Secretary an the Municipal Building at 215 East McKanney Street in the City of Denton, Texas The polls for early voting by personal appearance shall be open between the hours of 8 00 a m and 5 00 p m Monday through Friday, commencing on April 17, 2002, and ending on April 30, 2002 In addition, early voting shall be held on Saturday, April 20, 2002, between the hours of 10 00 a m and 3 00 p m, at the same location as weekday early voting ~qI~,C,,TION 5 That the Mayor is hereby darected to provide not~ce of the Recall Election In accordance with Sections 4 002 and 4 003 of the Texas Election Code, the notice to be pnnted in the Spamsh language and the English language SF[C~TIONI fi That an electromc voting system, using optically scanned ballots, meeting the reqmrements of Chapter 124 of the Code, shall be used for smd election Preparation of the necessary equipment and official ballots for the election shall conform to the reqmrements of the Texas Election Code ,qRCTIONI 7 That the City Secretary is authorized to prepare the official ballot for the Recall Election and perform every act required by the City Charter and laws of the State of Texas for holding electrons That the ballots used at the recall election shall conform to the following requirements (a) W~th respect to the person whose removal is sought, the questmn shall be submitted "SHALL RAYMOND REDMON BE REMOVED FROM THE CITY COUNCIL BY RECALL9'' (b) Immediately below such question shall be pnnted the two following propositions, one above the other, in the order ~ndlcated "NO" ~qI~,CTTC)NT 8 The elect~on officers named above shall make returns for the Recall Election in the manner reqmred by law The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both dunng the period of early voting and on the day o£the election shall be counted in the manner required by law gl~,CTIONI 9 That the manner of holding such electron and ali questions pertmnlng thereto shall be governed by the election laws of the State of Texas Page 2 S~CTIOlq 10 Substantial copies of th~s ordinance ~n both English and Spanish shall serve as proper notme of the electron and smd notice shall be (a) pubhshed at least once in a newspaper of general mmulatlon pubhshed within the C~ty, not less than the thirtieth day or later than the tenth day before the election, (b) posted, not later than the twenty-first day before the election day, at a pubhc place in each election d~stnct that is in the juns&ct~on of the city, (c) posted, not later than the twenty-first day before election day, on the bulletin board used for posting notices of meetings of the Ctty Counml of the City, and (d) posted, as may otherwise be reqmred by Tex Elec Code {}4 003 and other apphcable law ,qlqCTTOlq 11 That it is hereby officially found and determined that the meeting at whmh th~s ordinance ~s passed was open to the pubhc as required and that pubhc notice of the t~me, place, and purpose of smd meeting was g~ven as reqmred by the Open Meetings Act, chapter 551 of the Government Code, Tex Rev Clv Stat Ann 1997 ~ That th~s orchnance shall become effective immediately upon its passage, pubhcat~on, and approval PRESENTED AND PASSED on the __ day of ., 2002, at a regular meeting of the C~ty Council of the City of Denton, Texas, by a vote of ayes and __ nos at the regular meeting of the City Council of the City of Denton, Texas PASSED AND APPROVED this the day of ,2002 EUL1NEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 AGENDA INFORMATION SHEET AGENDA DATE: March 5, 2002 DEPARTMENT. City Manager's Office CM: Mike Conduff, C~ty Manager SUBJECT Consider nominations and appointments to the C~ty's Boards and Commissions BACKGROUND The following is a hst of current Board/Comm~saon vacancies/nominations Tracey Boanes has reagned from the L~brary Board This is a nomination for Council Member McNeall If you require any further mformataon, please let me know Respectfully submitted y lfei W~-ers Secretary