1 BRIEFING AGENDA DECEMBER 12, 2000 REPORTS ...€¦ · 12/12/2000 · BRIEFING AGENDA DECEMBER 12, 2000 ... Pegasus Charter School Renewal ofOpen Enrollment 92-101 8) MANAGEMENT

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DALLAS COUNTY COMMISSIONERS COURTBRIEFING AGENDA

DECEMBER 12, 2000

REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS.

1) NORTH CENTRAL TEXAS HEALTH FACILITIES DEVELOPMENT CORP.

Health Facilities Revenue Bonds - Dallas Jewish CommunityFoundation Project, Series 2000 5-40

2) HEALTH & HUMAN SERVICES

a) Approval of Contract Amendment of FY 2000~2001Ryan White Title II Funds (Attachment No.2) 41-43

b) Subcontract with the University of Texas SouthwesternMedical Center at Dallas 44-50

c) Release of Funds - TDH Contract No. 75600090562000,Attachment No. 14 (Refugee) 51-53

3) JUVENILE DEPARTMENT

Application for Year 3 Funding from the Juvenile AccountabilityIncentive Block Grant 54-64

4) PURCHASING DEPARTMENT

a) Sole Source Purchase from IBM Corporation for Dallas CountyCommunity Supervision and Corrections Department 65-66

b) Annual Contract for Dishwashing Chemicals, DispensingSystem & Related Services; Bid No. 2000-027-229 . . . . . . . . . . . .. 67-70

2

c) Annual Contract for LaundIy Chemicals, Equipment& Services; Bid No. 2000-035-240 71-75

5) ENGINEERING & PROJECT MANAGEMENT

Fire Equipment Storage Building; Bid No. 2000-069-325 76-78

6) PUBLIC WORKS DEPARTMENT

a) Survey Services for Preston Ridge Trail, Project 90125 79-83

b) Tax Foreclosure Property - 140 Banks Drive, NT (Lot 64, Dollars Addn) 84

c) Request for Utility and Slope Easement across FishCreek Preserve, Grand Prairie 85-91

7) GOVERNMENTAL AFFAIRS

Pegasus Charter School Renewal of Open Enrollment 92-101

8) MANAGEMENT INFORMATION SYSTEMS

SCT SER 64 and Network Improvement Plan 102-105

9) PERSONNEL/CIVIL SERVICE

a) Approval ofDDA Plan - 44th Civil District Court 106-108

b) Proposed Policy on Romantic/Sexual Relationshipsin the Workplace .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109-110

10) OFFICE OF BUDGET & EVALUATION

a) County Contribution - Response to Questions from the DallasCounty Commissioners Court during Briefmg Session of11/21/00 (First Administrative Judicial Region) 111-124

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b) Equipment for Sheriff's Office Weights andMeasures - Deputies 125-126

11) Finance Phase III (Payroll) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A

12) Miscellaneous, Travel Requests, Miscellaneous Equipment,and Telecommunications Requests 127-131

FIVE SIGNATURE DOCUMENT's) FOR CONSIDERATION

o

o

Minister's Letter of Appreciation

Dedication of Property Letter

HOLIDAYS!!!

DATE,s) TO REMEMBER

**Next Legislative Briefing .. December 15, 2000 @ 9:00 a.m... Commissioners Courtroom

Saturday. December 9th.. 10.am. until 8 p.m. & Sunday, D.ecember 10th

.. 11 am. until 6 p.m.Commissioner John Wiley Price, Road & Bridge, District 310th Annual Kwanzaa Fest 2000State Fair Park .. Automobile Building

Monday, December 11th.. 6 p.m. until 8 p.m.

Annual Christmas Reception to Benefit Dallas County Children in NeedHosted by Commissioner and Mrs. Jim JacksonTown North National Bank, 4455 LBJ Freeway

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Wednesday, December 13th- 11 a.m. until 2 p.m.

Road & Bridge, District 2 - Open House LuncheonHosted by Commissioner Mike Cantrell, Judge John Sholden,

and Constable Don Ashlock715 Rowlett Road, Garland, Texas

Thursday, December 2rt- 11 a.m. until 1 p.m.

Commissioner Jim JacksonRoad & Bridge, District 1 - Seventeenth Annual Christmas Fish Fry23 11 Joe Field RoadR.S.V.P. (972) 247-1735

Christmas HolidaysMonday and Tuesday

December 25th and 26th

NO COURT THE WEEK OF DECEMBER 25TH- 29TH

Monday, January 1, 2001New Year's Day

on I...i~ ....~-C -7 ~ lj 10'- .'Ii i • J 3

ROBERT E. LUNA

RANDEL B. GIBBS

RANDALL L. SHEPHERD

DANIEL K. BEARDEN. JR

GEORGE C SCHERER

LORNA L. RANKIN

SHELBY CREED

LYDIA L. PERRY

SHERREL K KNIGHTON

JOSEPH K. BALL

ANDREA SHEEHAN

J DOUGLAS BURNSIDE

OLIVIA SARGON·GLASGOW

HAND DELIVERED

5

LAW OFFICES OF ROBERT E. LUNA, .Re..ATTORNEYS AND COUNSELORS AT LAW

4411 NORTH CE"JTRAL EXPRESSWAYDALLAS, TEXAS 75205

TELEPHONE (214) 521·8000FACSIMILE (214) 521·1738

December 6,2000

i , (

EARL LUNAo~ CC!.J"'-iSEL

1922·'996)

Dallas County Commissioners CourtCounty Judge Lee F. JacksonCommissioner Jim JacksonCommissioner Mike CantrellCommissioner John Wiley PriceCommissioner Kenneth MayfieldMr. 1. Allen Clemson, Court Administrator411 Elm StreetDallas, Texas 75202

Re: North Central Texas Health FacilitiesDevelopment Corporation ("NCTHFDC");$19,000,000 Dallas Jewish CommunityFoundation Project Series 2000 VariableRate Demand Revenue Bonds

Dear Sirs:

This letter is to provide you with a synopsis of the Dallas Jewish Community FoundationBond Issue. The Dallas Jewish Community Foundation ("DJCF") filed an Application forFinancial Participation and an Inducement and Indemnity Agreement with theCommissioners Court on October 11, 2000. The Application For Financial Participationsets out a description of the health facilities involved, projected costs for the project, andthe necessity for the proposed bond issue.

DJCF is a non-profit corporation, organized under the laws of the State of Texas. DJCF isa "supporting organization" (within the meaning of Section 509 (a)(3) of the Code) of theJewish Federation of Greater Dallas, a Texas nonprofit corporation (the "Federation")which is exempt from federal income tax as an organization described in Section501(c)(3) of the Code and is a public charity described in Section 509 (a) of the Code.The Greater Dallas Jewish Community Capital Campaign for the 21 st Century ("theCapital Campaign") is also a non-profit corporation, organized under the laws of the Stateof Texas. The Capital Campaign petitioned DJCF to be the borrower in a series of tax-

6Dallas County Commissioners CourtDecember 6, 2000Page 2

exempt bond financing arrangements in order to allow capital improvement projects ofCapital Campaign member agencies to proceed in advance of collecting the multi-yearpledges of donors to the Capital Campaign. The Project for which DJCF seeks financingconsists of the provision, expansion and improvement of health facilities at several areaagencies. The nature of the improvements to the individual health facilities are moreparticularly described as follows:

a. Jewish Family Service of Dallas, Inc. ("'JFS") Project. The JFS Projectconsists of the acquisition, renovation, furnishing and equipping of a buildingto house mental health and social services, acquisition of land in connectiontherewith and making of related capital improvements.

b. Jewish Community Center of Dallas, Inc. - Northaven ("JCC-Northaven")Project. The JCC-Northaven Project consists of the construction, renovation,furnishing and equipping of indoor and outdoor pool facilities and gymnasia,acquisition of a computer system, and the making of related capitalimprovements.

c. Northaven Road Project. The Northaven Road Project consists of therenovation of an existing building, construction of an addition thereto, makingof related capital improvements and the acquisition of furnishings andequipment to provide a multi-agency conference center and library.

d. Jewish Community Center of Dallas, Inc.-Glencliff ("JCC-Glencliff')Project. The JCC-Glencliff Project consists of the acquisition, construction,renovation, furnishing and equipping of playgrounds, athletic fields and abuilding to house a gymnasium, swimming pool, fitness facilities, offices,meeting rooms and classrooms, and the making of related capitalimprovements.

e. Jewish Federation of Greater Dallas ("Federation") Project. The FederationProject consists of the renovation of an existing building, the making of relatedcapital improvements and the acquisition of furnishings and equipment toimprove offices for the Jewish Federation of Greater Dallas, Dallas JewishCommunity Foundation and The Greater Dallas Jewish Community CapitalCampaign for the 21 Century, the non-profit corporations that provide financialassistance and other support to the non-profit agencies listed in items (a)-(d)above.

The project consists of (a) $4,425,000 for acquisition of land and buildings; (b)$8,325,000 for the construction of new facilities, renovation and remodeling of existingfacilities, and the acquisition of new and replacement equipment and furniture; and (c)

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Dallas County Commissioners CourtDecember 6,2000Page 3

$6,250,000 in financing, interest, and contingency costs. The complete breakdown for theuse of the bond proceeds is specifically set forth in the memorandum dated November 14,2000, amending question number 25 on DJCF's Application for Financial Participation(the ·'Memorandum"). A copy of the Memorandum is enclosed for your convenience.

A called meeting of the Board of Directors of the NCTHFDC was held on November 15,2000, to consider the Adoption of a Resolution accepting the Application relating to theissuance of Revenue Bonds; apprlt ving the Inducenl~nt and Indemnity Agreement;directing transmittal of Notice of Intent to Issue Bonds; approving the appointment of afinancing team; authorizing the underwriters to prepare and distribute a preliminaryofficial statement in connectiontherewith; authorizing publication of the notice of publichearing; and providing an effective date. The Board of Directors passed and adopted theResolution by a vote of 4 Ayes (Dr. Pamela Blackwell, Mr. P. Thomas Blair, Mr. JimWilliams and Mr. Dave Vedral) and no Nays. Mrs. Dawn Enoch Moore was absent. Acopy of the Resolution is attached.

The Board of Directors of North Central Texas Health Facilities DevelopmentCorporation is scheduled to meet by telephone conference on Wednesday, December 13,2000 at 9:30 a.m., for deliberation and final consideration of this Bond Issue.

The adoption of the Bond Resolutions, the execution and delivery by NCTHFDC of theOfficial Statement and the authorization of the distribution thereof by the Underwriters,the execution and delivery by the NCTHFDC of the Bonds, the preliminary drafts datedas of December 5, 2000 of the Trust Indenture, Loan Agreement, Bond PurchaseAgreement, and the consummation of the transactions described in all of the foregoinginstruments, do not and win not violate or constitute a default under the Articles ofIncorporation, bylaws or Local Regulations of NCTHFDC, or any decree, court order orjudgment to which NCTHFDC is a party, any agreement, indenture, mortgage, lease, noteor other obligation or instrument upon the NCTHFDC, of which we have actualknowledge, or contravene any law of the State ofTexas.

DJCF's Inducement and Indemnity Agreement provides that it irrevocably agrees to, atall times, indemnify and hold harmless the Corporation and its members, officers andemployees, of its Board of Directors, the County of Dallas· and the members, officers andemployees of its Commissioners Court against all losses, costs, damages,. expenses andliabilities of whatsoever nature or kind (including, but not limited to attomeys' fees,litigation and court costs, and amounts paid in settlement and amounts paid to dischargejudgment) directly or indirectly resulting from, arising out of or related to the acceptance,

8Dallas County Commissioners CourtDecember 6. 2000Page 4

consideration and approval or disapproval of such Application or the issuance, offering,sale, delivery or payment of such obligations and interest thereon, or the design,construction, installation, operation, use, occupancy, maintenance or ownership of thefacilities.

Indemnification provisions for the County and NCTHFDC are contained in the financedocuments as well. The Official Statement also contains the following paragraphs:

THE BONDS DO NOT CONSTITITTE A DEBT OR LIABILITY OF THE STATE OFTEXAS OR OF ANY POLITICAL SUBDIVISION 'tHEREOF. THE HEALTHFACILITIES BONDS ARE A LIMITED LIABILITY OF THE HEALTH FACILITIESISSUER PAYABLE SOLELY FROM THE FONDS PROVIDED THEREFOR UNDERTHE HEALTH FACILITIES LOAN AGREEMENT. THE EDUCATION FACILITIESBONDS ARE A LIMITED LIABILITY OF THE EDUCATION FACILITIES ISSUERPAYABLE SOLELY FROM FUNDS PROVIDED THEREFOR UNDER THEEDUCATION FACILITIES LOAN AGREEMENT. NEITHER THE STATE OFTEXAS NOR THE ISSUERS SHALL BE OBLIGATED TO PAY THE PRINCIPAL OFOR PREMIUM, IF ANY, OR INTEREST ON THE BONDS, EXCEPT FROM THEFUNDS PROVIDED THEREFOR UNDER THE LOAN AGREEMENT AND THEINDENTURE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXINGPOWER OF THE STATE OF TEXAS OR ANY POLITICAL SUBDIVISIONTHEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF ORPREMIUM, IF ANY, OR INTEREST ON THE BONDS. THE ISSUERS HAVE NOTAXING POWER. THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY ORINDlRECTLY OR CONTINGENTLY OBLIGATE THE STATE OF TEXAS OR ANYPOLITICAL SUBDIVISION THEREOF TO LEVY OR PLEDGE ANY FORM OFTAXATION WHATSOEVER THEREFOR OR TO MAKE ANY APPROPRIATIONFOR THEIR PAYMENT.

The Health Facilities B()nds, together with interest thereon, will be limitedobligations o.fthe Health Facilities Issuer, payable solely from .payments to be madeby the Borrower under· the Health Facilities Loan. Agreement and the HealthFacilities Note and from- certain funds held by the Trustees under the HealthFacilities Indenture. . . No mortgage or security interest in any property of theBorrower or the Agencies will be pledged as security for the Bonds... The LoanAgreements contain certain covenants for the benetitof the respective Issuer andthe holders of the Bonds. The Borrower agrees in the Loan Agreement to make loanpayments in amounts sufficient to cause the amount available in. the<Debt Service

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Dallas County Commissioners CourtDecember 6,2000Page 5

Fund for payment of Debt Service to equal the amount of Debt Service due withrespect to such Bond on such date, with certain amounts credited against thepayments required to be made, as set forth in the Loan Agreements.

DJCF will also execute a Letter of Representation and Indemnification that provides that:

In addition to any liability that it might otherwise have, the Corporation [DJCF] agreesto indemnify and hold harmless the Issuer, the Underwriter, each officer, partner,director or employee of the Issuer and the Underwriter and each person, if any, whocontrols any of the Underwriter or the Issuer within the meaning of Section 20 of theSecurities Exchange Act of1934 or Section 15 ofthe Securities Act of1933 (collectively,the HIndemnified Parties'') from and against any and all losses, claims, damages orliabilities (or actions with respect thereto) to third parties which arise out ofor are basedupon any untrue statement or alleged untrue statement ofa material fact contained in theOfficial Statement, or arise out afar based upon the omission or alleged omission to statetherein a material fact necessary to make the statements therein, in light of thecircumstances under which they were made, not misleading in any material respect;provided, however, that .. (b) with respect to the Corporation's liability to the Issuer,any officer, director or employee of the Issuer or any person controlling the Issuer, thisindemnity agreement shall not apply to such losses, claims, damages, liabilities orlitigation arising out ofor based upon any untrue statement or alleged untrue statementofa material fact contained in the Official Statement relating to the Issuer on the coverpage of the Official Statement or under the caption HINTROIJUCTION - The Issuers -The Health Facilities Issuer," "THE ISSUERS - The Health Facilities Issuer" or"ABSENCE OF LITIGATION - The Health Facilities Issuer" or arising out ofor basedupon the omission or alleged omission to state therein a material fact relating to theIssuer necessary to make the statements under such caption, in light ofthe circumstancesunder which they were made, not misleading.

A financial report, dated December 6, 2000, has been prepared by Dain RauscherIncorporated regarding the issuance of the above referenced bond issue. Based on theirpreliminary review of DJCF's Application for Financial Participation, PreliminaryOfficial Statement, Contract of Purchase, Loan Agreement, Trust Indenture, Deed ofTrust, Agency Loan Agreement, Disbursement Agreement, Letter of Credit,Reimbursement and Security Agreement, Remarketing Agreement, Irrevocable Letter ofCredit, Pledge Agreement, Certificate of Borrower, Capital Campaign Estoppel, financialstatements, and other pertinent information provided by the finance team members, Dain

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Dallas County Commissioners CourtDecember 6, 2000Page 6

Rauscher Incorporated recommends the approval of the financing. A copy of DainRauscher Incorporated's Financial Report is attached as Exhibit "B".

Based on our review of the above referenced documents, the review and recommendationof Dain Rauscher, and DJCF's stated purposes for the bond issue, we find that DJCF'sApplication for Financial Participation meets all legal requirements of NCTHFDCBylaws and Local Regulations necessary for approval of the financing.

A copy of the proposed Commissioners Court Resolution is enclosed for reference.Execution copies of the Resolution will be provided to the Commissioners Court beforethe item is placed on the consent agenda.

Enc.

cc: VIA FACSIMILE wlo enc.AND VIA REGULAR MAIL w/enc.

Board Members of the North CentralTexas Health Facilities Development Corp.Mr. P. Thomas BlairDr. Pamela Blackwell-JohnsonMr. David F. Vedra!Mr. Jim WilliamsMs. Dawn Enoch Moore

VIA FACSIMILE w/o enc.VIA REGULAR MAIL w/enc.

Mr. Monty HumbleMs. Martha FleisherVinson & Elkins, L.L.P.2100 Ross AvenueDallas, Texas 75201-2975

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Dallas County Commissioners CourtDecember 6.2000Page 7

VIA FACSIMILE (214) 989-1859 (w/o enc.)VIA REGULAR MAIL (w/enc.)

Mrs. Rebecca HeflinMr. Craig BrastDain Rauscher IncorporatedCityplace2711 N. Haskell Avenue, Suite 2400Dallas, Texas 75204-2936

12Rebecca J. Heflin

Jfanagmg Director

INVESTMENT SERVlCES

INVESTMENT BANKING

December 6,2000

Dallas County Commissioners CourtDallas County Administration Building411 Elm Street, 2nd FloorDallas, TX 75202

Re: North Central Texas Health Facilities Development Corporation,(Dallas Jewish Community Foundation Project)Series 2000A

Dear Board Members:

As the financial advisor to the North Central Texas Health Facilities Development Corporation (the"Corporation") and the Dallas County Commissioners Court, we are pleased to present our reportregarding the issuance of approximately $6,400,000 Variable Rate Demand Revenue Bonds, Series2000, referred to as the " Health Care Bonds." The proceeds of the Health Care Bonds, along with theproceeds from the issuance of the approximately $8,200,000 City of Cameron Education FoundationVariable Rate Demand Revenue Bonds, Series 2000 (the "Education Bonds"), will be loaned to theDallas Jewish Community Foundation (the "Borrower") (Collectively, the Health Care and theEducation Bonds are referred to as the "Bonds"). Proceeds from this bond issue, together withcontributions from the Borrower will be used to pay the costs of the Project (described below) and topay certain costs of issuance.

In providing/inancial advisor;y services to Dallas County regarding. bond issu.ances proposed by theCorporati()n, it is understood that the role 0/ Dain RauscherlncotporatedrpRl) is to reviewdocultlentsprepared by othel'$a~dsu.bltlittedto the Corporatipn and the County,lJ!r .. approvaL Assuch,.lJRI.hasnot pet;{or1tjed1llllnyo/the/unctions(such aspreparationo/thep,eliminary OfficialState1tjent, ratilt,. agenq andib'!n,di1llu.ran,ce presentatipns,etc.j .whichwewouldbe expected toper/ormup'!ntheissuanceo/debtbythe County,. It is understood, therefg,.e, that the servicesper/or",edby DRIin regardtothu.iproject are limited to those .disclosed in this letter.

INFORMATION REVIEWED

In conjunction with our review of the proposed transaction, we reviewed various information. All of thelegal information we received was in draft form at the time of review. Based on conversations with

Cityplace, Suite 24002711 North Haskell AvenueDallas, TX 752()4.·2936

(214) 989-1660 Dain Rauscher IncorporatedMember NYSE/SIPC

13Dallas County Commissioners Court

December 6, 2000Page 2

ISVESTMENT SERVICES

INVESTMENT BANKING

various finance team members, it is our understanding that the legal structure will not change materiallyfrom that described in the legal documents provided, The information we reviewed includes thefollowing:

• Application for Financial Participation• Preliminary Official Statement• Contract of Purchase• Loan Agreement

r • Trust Indenture• Deed of Trust• Agency Loan Agreement• Disbursement Agreement• Letter of Credit, Reimbursement and Security Agreement• Remarketing Agreement• Irrevocable Letter of Credit• Pledge Agreement• Certificate of Borrower• Capital Campaign EstOPPel• Historical pledge and collection information from the Borrower• Financial Statements of the Borrower• Cash flows prepared by the Underwriter• Financing schedules prepared by the Underwriter• Bid specifications for investment agreements

FINANCING TEAM

Borrower:Special Borrower's Counsel:Borrower's Counsel:Bond Counsel:Underwriters:

Underwriter's Counsel:Letter of Credit Bank:Letter of Credit Bank's Counsel:Rating Agency:Trustee:Trustee's Counsel:

Cityplace, Suite 24002711 North Haskell AvenueDallas, TX 75204-2936

Dallas Jewish Community FoundationKatten Muchin ZavisThompson and KnightVinson & ElkinsJ,P. Morgan Securities Inc.The Chapman CompanyWalton Johnson & CompanyJackson WalkerAllied Irish BankO'Sullivan, Grave, & KarabellMoody's Investors ServiceBank OneWinstead Sechrest & Minick

(214) 989- 1660 Dain Rauscher IncorporatedMember NYSE/SIPC


December 6,2000Page 3

INVESTMENT SERVICES

INVESTMENT BANKING

GENERAL INFORMATION - USE OF PROCEEDS

The Health Care Bonds are proposed to be issued by the Corporation in conjunction with the City ofCameron Education Foundation Bonds to provide proceeds which will be loaned to the Borrower. TheBorrower is a nonprofit corporation, organized and existing under the laws of the State of Texas, that isorganized and operated to (i) raise funds for the benefit of the Jewish Federation of Greater Dallas, aTexas nonprofit corporation (the "Federation") and the religious, educational and charitable entities andorganizations the Federation supports, (ii) hold, manage and invest an endowment fund for the benefit ofthe Federation and other entities which further the purpose and mission of the Borrower, (iii) makegrants to the Federation and the agencies the Federation typically supports and (iv) provide scholarships.l~he Federation acts as the umbrella organization through which the Community's fund-raising,planning, leadership development, community development and allocation needs are met.

The Health Care Bond proceeds will be used to finance the following projects:

• The Jewish Family Service ofDallas Incorporated ("lFS'') Project, consisting of the provision,expansion and improvement of health facilities, including acquisition, renovation, furnishing,equipping of a building to house mental health and social services, acquisition of land inconnection therewith, and making of related capital improvements and the provision, expansionand improvement ofother health facilities.

• The lCC-Glencliff Project, consisting of the provision, expansion and improvement of healthfacilities, including acquisition, construction, renovation, furnishing and equipping ofplaygrounds, athletic fields and a building to house a gymnasium, swimming pool, fitnessfacilities, offices and meeting rooms, and making of related capital improvements, and theprovision, expansion and improvement of other health facilities.

• Proceeds of the Health Facilities Bonds are also expected to be used to finance a portion of thecosts of the JCC-Northaven Project, consisting of the provision, expansion and improvement ofhealth facilities, including construction, renovation, furnishing and equipping of indoor andoutdoor pool facilities and gymnasia, acquisition of a computer system and making of relatedcapital improvements and the provision, expansion and improvement of other health facilities.

If funds are available after completing the projects described above, then proceeds of the Health CareBonds may also be used for the following projects:

• The Northaven Road Project for the provision, expansion and improvement of health facilities,including the renovation of an existing building, construction of an addition thereto, the makingof related capital improvements and acquisition of furnishings and equipment to provide a multiagency conference center and library and the provision, expansion and improvement of otherhealth facilities.


(214) 989-1660 Dain Rauscher IncorporatedMember NYSE / SIPC

I.


December 6. 2000Page 4

I~VESTME~T SERVICES

I~VESTMENTBA..c'tKING

• The Federation Project for the provision, expansion and improvement of health facilities,including renovation of an existing building, making of related capital improvements andacquisition of furnishings and equipment to improve offices for the Federation, the Borrower, theCapital Campaign, the Agencies, and other community organizations, and the provision andexpansion of other health facilities.

Proceeds of the Education Bonds are expected to be used primarily for financing various educationalpurpose facilities.

DESCRIPTION OF FINANCING

It is anticipated that the Corporation will issue approximately $6,400,000 in tax-exempt bonds. Aspreviously mentioned, the Health Care Bonds will be issued in conjuction with the approximately$8,200,000 City of Cameron Education Foundation bonds. The Bonds will be structured as variable ratedemand bonds enhanced by an Allied Irish Bank, p.l.c. ("AlB") Letter of Credit, and are anticipated toclose on December 21,2000. Initially, the Bonds will be issued in seven day mode, whereby the interestrate will reset every week. The Borrower will have the option to convert the Bonds into fixed rate modeat various times. The proceeds will used to fund the projects described above as well as pay certaincosts of issuance. The table below provides a summary of the sources and uses of funds.

Sources of Funds (I)

'North •.Central· Texas.<Health.·.·Faeilities· Development.>CorporationBonds (Health Care Bonds)City of Cameron Edueation Foundation Bonds (Edueation Bonds)Borrower's ContributionTotal Sourees

l'Sl'S of I· unds

IHealth Care ProjectsEdueation ProjeetsCapitalized Interest (through 12/21/02)Costs of IssuaneeTotal Uses

(l) Preliminary and subject to change.

$6,400,000

$ 8,200,000334,882

$ 14,934,882

$ 6,176,9747,061,974

957,001738,933

$ 14,934,882


(214) 989-1660 Dain Rauscher IncorporatedMember NYSE/SIPC


December 6, :WOOPage 5

INVESTMENT SERVICES

INVESTMENT BANKING

Sources ofRepayment and Security

The Bonds are expected to be repaid from the financial operations of the agencies described in the loanagreement The Bonds are an absolute and unconditional obligation of the Borrower. Moreover, thebonds are further secured by a Direct Pay Letter of Credit from AlB. The Letter of Credit allows theBonds to be sold in the seven-day variable rate demand bond market to tax-exempt money market funds,who are the largest purchasers of this type of instrument Because of the Letter of Credit, the Bonds areexpected to carry a rating of AA3NMIG 1 from Moody's Investors Service.

The Bonds are expected to have a final maturity of 30 years.

Historically, the market acceptance of this structure has been excellent, however, there are certain risks,which are discussed below.

Risks

1. Construction/cost overrun risk - risk that construction and other project cost overruns result ininsufficient funds available to complete the projects.

2. Interest rate risk - the risk that interest rates, and therefore debt service, could increase to a levelin excess of funds available for the payment of debt service.

3. Letter of credit renewal risk - the Letter of Credit has an initial term of five years, with aprovision to extend the Letter of Credit every year so long as the Borrower is not in default on itsobligations under the Reimbursement Agreement. If the Borrower is in default, then obtaining areplacement Letter of Credit would be very difficult.

Factors Mitigating Risk

1. Given the Borrower's financial position, the risk of insufficient funds to complete the currentprojects is remote.

2. Historically, seven day variable rate demand bond structures provide rates that are lower thantraditional fixed rate structures.

3. If the Letter of Credit bank fails to renew the Letter of Credit, the Borrower is placed in a highrisk position. However, the investors in the Bonds will be protected and repaid with a draw onthe Letter of Credit, the result of which is the bank being the sole bondholder with the interestrate set at a higher taxable bank rate.


(214~ 989-1660 Dain Rauscher [ncorporatedMember NYSE/SIPC

17

Dallas County Commissioners CourtDecember 6, 2000

Page 6

INVESTMENT SERVICES

INVESTMENT BANKING

CONCLUSION AND RECOMMENDATION

Based on our review of the information provided to us by the various finance team members, werecommend that the Corporation approve this financing. The reasons for this recommendation aresummarized below:

• The variable rate demand bond structure secured by an AlB Letter of Credit results in minimalinvestor risk.

"-

• The financial profile of the Borrower is very strong, funher reducing investor risk.

LIMITATIONS

We offer no opinion on the ongoing financial viability of the Dallas Jewish Community Foundationproject. As in .anyevaluationlreview we can only assess the proposedfinancingata singular point intime and .cannot predict the effects •offutute events, the occurrence·andlor effect of which cannot beassured. In addition, our review· relies upon documents provided by various members of the financeteam, the accuracy of which we cannot certify.

As always, it is.a pleasure providing service to the Court. We look forward to answering any questionsyou have regarding this fmancing.

Sincerely,

/ c#//'! -', /,/ ~

/W~.·' ~7"Rebecca J.•HeflinManaging Director

Cityplace, Suite 24002711 North Haskell AvenueDallas, TX 75204·2936

(214) 989-1660

:;;?AJ,l~)(I I

Paul H. Abzug ~'

Vice President

Dain Rauscher [ncorporatedMember NYSE I SIPC

18

Vinson&:ElkinsATTORNEYS Ai LAW

3700 T'<.A1"'MELL. C::l,OW C,,"'-,,::l,

200 I ROSS AvENGE

DALLAS, TEXAS 75201-2975

Writer's Phone: 214-220- 7853

Wnter's Fax: 214-999.7853

TELEPHONE (214) 220· 7700

'AX (214) 220·n 16

MEMORANDUM

November 14,2000

Email: [email protected]

Web: ~velaw.com

TO:

FROM:

RE:

Members of the Board of Directors of North Central Texas Health Facilities DevelopmentCorporation

Martha Fleisher

Dallas Jewish Community Foundation Project

Attached is a blacklined copy of the preliminary resolution showing changes made from the draftyou reviewed earlier. The changes reflect an increase in the estimatedcostof the Project and contingency,as set forth below in an amendment to question 25 of the Dallas Jewish Community Foundation'sapplication:

25. State the proposed uses of bond proceeds:

Description of Cost

Land (acquisition of land and buildings)Building (construction and renovation)EquipmentEngineeringArchitectureInterest during constructionBond discountCost of financingOther (please explain)

(contingency)

Face amount of issue

Amoynt

$4,425,0007,101,000

561,000(inclUded with architecture)

663,0001,520,000

(included in cost of financing)380,000

4.350,000

$19,000,000*

*The principal user may request issuance of the bonds in separate series rather than as one issue.

:ODMA\MHODMA\DaIIu;4263<U;I11/141OO:U7PM

19

CERTIFICATE OF RESOLUTION

THE STATE OF TEXAS

COUNTY OF DALLAS

§§§

I, the undersigned officer of the North Central Texas Health Facilities Development Corporation (the"Issuer') do hereby make and execute this certificate for the benefit of all persons interested in the validityof all actions and proceedings of the Issuer. I do hereby certify as follows:

1. I am the duly chosen, qualified and acting officer of the Issuer for the office shown beneathmy signature, and in such capacity I am familiar with the matters contained in this Certificate.

2. The Board of Directors of the Issuer convened its meeting on the 15th day of November,2000, and the roll was called of the duly constit~ted officers and members of the Board of Directors and allwere present except OdulCl 'Cnacb &re < , thus constituting a quorum.Whereupon, among other business, the following was transacted at said meetina: a written resolution("Resolution") entitled: .~

RESOLUTION ACCEPTING APPLICATION RELATINGTO THE ISSUANCE OF REVENUE BONDS;APPROVING THE INDUCEMENT AND INDEMNITYAGREEMENT; DIRECTING TRANSMITTAL OF NOTICEOF INTENT TO ISSUE BONDS; APPROVING THEAPPOINTMENT OF A FINANCING TEAM;AUTHORIZING THE UNDERWRITERS TO PREPAREAND DISTRIBUTE A PRELIMINARY OFFICIALSTATEMENT IN CONNECTION THEREWITH;AUTHORIZING PUBLICATION OF THE NOTICE OFPUBLIC HEARING; AND PROVIDING AN EFFECTIVEDATE

was introduced for the consideration of the Board of Directors. It was then duly moved and seconded thatsaid Resolution be adopted; and, after due discussion, said motion, Carryi~ with it the adoption of saidResolution, prevailed and carried by a vote of-.!/:... Ayes, --'l. Noes, and Abstentions.

3. The attached and following is a true, correct and complete copy of said Resolution; theoriginal of said Resolution is on file in the official records of the Issuer; and said Resolution has not beenamended and is in full force and effect

4. The members of the Board of Directors referred to in the above and foregoing paragraphwere the duly qualified and acting members of the Board of Direc~q,rsof the Issuer; and each member of theBoard of Directors received notice of the meeting of the Issuer as prescribed in the Bylaws of the Issuer inaccordance with the requirements of the Chapter 221 of the Texas Health and Safety Code, as amended.

GRE1361710C10::ODMA\MHODMA\DalIu;380744;t11/15t'OO:t:03AM

..

(SEAL)

20

WITNESS MY HAND AND THE OFFICIAL SEAL OF TH

~ Secretary, Boar of Dir ctors,North Central Texas Health Facilities Development Corporation

Signature Page for Certificate ofResolution

21

RESOLUTION ACCEPTING APPLICATION RELATING TO THEISSUANCE OF REVENUE BONDS; APPROVING THE INDUCEMENTAND INDEMNITY AGREEMENT; DIRECTING TRANSMITTAL OFNOTICE OF INTENT TO ISSUE BONDS; APPROVING THEAPPOINTMENT OF A FINANCING TEAM; AUTHORIZING THEUNDERWRITERS TO PREPARE AND DISTRIBUTE A PRELIMINARYOFFICIAL STATEMENT IN CONNECTION THEREWITH; AUTHORIZINGPUBLICATION OF THE NOTICE OF PUBLIC HEARING; ANDPROVIDING AN EFFECTIVE DATE

WHEREAS, the North Central Texas Health Facilities Development Corporation (the "Issuer") isauthorized by Chapter 221 , Texas Health and Safety Code, as amended (the "Act"), to issue revenue bondson behalf of Dallas County, Texas (the "Sponsoring Entity") and to utilize the proceeds from the sale of suchobligations to finance or refinance the "cost" of "health facilities," as such terms are defined in the Act; and

WHEREAS, Dallas Jewish Community Foundation, a Texas non-profit corporation (the "Borrower"),and the Issuer desire to issue one or more series of~he Issuer's tax-exem~.'" revenue bonds (the "Bonds"),the proceeds of which will be made available to the Borrower, such proceeds to be used, among otherthings, to: (i) finance the acquisition, construction, renovation, improvement, furnishing and/or equippingof health facilities for certain non-profit corporations described in the Notice of Public Hearing (collectively,the "Project") and (ii) pay the costs of issuance of the Bonds; and

WHEREAS, the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended(the "Code"), provide that a public hearing in connection with the proposed issuance of the Bonds and theuse of the proceeds thereof to finance the Project be held, and that notice of such public hearing, the formofwhich is attached hereto as Exhibit "A" (the "Notice of Public Hearing"), be pUblished no less than 14 daysbefore the date of the pUblic hearing in a newspaper of general circulation available to residents within theIssuer and within the respective governmental units wherein the facilities to be financed with the proceedsof the Bonds are located; and

WHEREAS, the Board now deems it necessary and desirable to: (i) accept the Application of theBorrower, (ii) approve the Inducement and Indemnity Agreement relating to the Bonds and the Project, (iii)authorize and direct the officers of the Issuer to transmit a Notice of Intent (the "Notice of Intent"), the formof which is attached hereto as Exhibit "B," to the Governing Body of the Sponsoring Entity, (iv) authorize anddirect the officers of the Issuer to provide for the publication of the Notice of Public Hearing, (v) appoint Ms.Martha Fleisher to act on behalf of the Issuer as hearing officer, and (vi) take certain steps toward theissuance of the Bonds and the loan of the proceeds thereof to the Borrower, all in furtherance of the publicpurposes of the Act; and

WHEREAS, the Board of Directors of the Issuer desires to approve the appointment of certainprofessionals (the "Financing Team") to accomplish the issuance, sale and marketing of the Bonds;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD'OF DIRECTORS OF NORTH CENTRALTEXAS HEALTH FACILITIES DEVELOPMENT CORPORATION THAT:

1. Acceptance of Appligtion; Approval of the Inducement and Indemnity Agreement:Declaration of Intent to Proceed with Issuance of Bonds. The Issuer hereby accepts the Application of theBorrower, approves the Inducement and Indemnity Agreement, and declares its intent to proceed with theissuance of the Bonds, the proceeds of which will be loaned to the Borrower or to other non-profitcorporations as described in the Notice of Public Hearing, to finance the cost, as defined in the Act, ofcertain health facilities, as defined in the Act; provided. however, that in the event such revenue bonds areissued they shall be limited obligations of the Issuer payable by the Issuer solely out of moneys andrevenues relating to or arising from th,e loan of the pr~eds of such Bonds to the Borrower and shall not

GRE1361710Cl0::OOMA\MHOQMA\o.....;380744.111/151OO:9:03AM

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be a charge upon the faith and credit of the Issuer or the Sponsoring Entity or the taxing power of any entity.The Issuer has no taxing power.

2. Approval of Finance.Team. The Board hereby approves the appointment of the followingfirms and entities as the FinclncingTeamto accomplish the issuance,saleand marketing of the Bonds: (i)J.P. Morgan Securities Inc.• TheChapmapCompany and .Walton Johnson&Companyasunderwriters andrepresenting such other firms.asrnaybeapprovedforinclusion in the underwriting syndicate from time totime (collectively, the "Underwriters")and(ii) Vinson & Elkins L.L.P.asiBondCounsel.

3. Transmittal of Notice of Intent to Issue Bonds to Sponsoring Entity. The President, the VicePresident or the Secretary of the Board of Directors are hereby severally authorized and directed to transmitto the Governing Body of the Sponsoring Entity a notice relating to the Bonds described herein. SUbstantiallyin the form of Exhibit "B" to this Resolution as required by Section 221.062 of the Act. Such notice shall bedelivered to the Governing Body of the Sponsoring Entity as soon as practicable but in no event later thanthe 15th day before the date of issuance of the Bonds.

4. Authorization to Prepare and Distribute a Preliminary Official Statement. The Underwritersare hereby authorized to prepare and distribute a preliminary offir:ial statement in connection with theoffering of the Bonds and to inclUde such information therein relating to the Issuer as is satisfactory to .general counsel of the Issuer.

5. Authorization to Publish Notice: Appgintment of Hearing Officer: Authorization to Hold aPublic Hearing. The Issuer's Bond Counsel is hereby authorized and directed to publish the Noticeof PublicHearing in a newspaper of general circulation in each jurisdiction where such publication is requiredpursuant to Section 147(f) of the Internal Revenue Code of 1986. as amended (the ·Code"), with suchchanges to the form attached hereto as may be deemed necessary by Bond Counsel at the time ofpublication. Ms. Martha Fleisher is hereby appointed to act, on behalf of the Issuer, as its hearing officer.and to hold the public hearing with respect to the issuance of the Bonds in accordancewith the requirementsof Section 147(f) of the Code.

6. Authorization to Perform NecessaryActs. The officers, employeesand agentsofthe Issuer,and each of them shall be and each is expressly authorized, empowered and directed from time to time andat any time to do and perform all acts and things necessary and desirable to carry out and effectuate thepurposes of this Resolution.

7. Providing an Effective Date. This Resolution shall be in full force and effect from and afterits passage, and it is accordingly so resolved.

PASSED AND APPROVED BY THE BOARD OF DIRECTO~ OF N~H CENT~SHEALTH FACILITIES DEVELOPMENT CORPORATION THIS IS?JIj'~ .

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EXHIBIT A

FORM OFNOTICE OF PUBLIC HEARING

NORTH CENTRAL TEXAS HEALTH FACILITIESDEVELOPMENT CORPORATION REVENUE BONDS

(DALLAS JEWISH COMMUNITY FOUNDATIONAND/OR THE GREATER DALLAS JEWISH COMMUNITY CAPITAL CAMPAIGN

FOR THE 21ST CENTURY PROJECT)

NORTH CENTRAL TEXAS HEALTH FACILITIESDEVELOPMENT CORPORATION REVENUE BONDS

(JEWISH FAMILY SERVICE OF DALLAS, INCORPORATED PROJECT)

NOTICE IS HEREBY GIVEN of a joint public hearing to be held on behalf of the North CentralTexas Health Facilities Development Corporation (the "Issuer"), L'allas County. Texas and Collin COU(ity,Texas, on at a.m., at the offices of Vinson & Elkins L.L.P., 3700 TrammellCrow Center, 2001 Ross Avenue, Dallas, TX 75201, Conference Room-'with respect to one ormore issues of Revenue Bonds (the "Bonds") to be issued by the Issuer in an aggregate principalamount of not more than $19,000.000. Except as noted below, proceeds of one or more series of theBonds will be loaned to one or more of Dallas Jewish Community Foundation or The Greater DallasJewish Community Capital Campaign for the 21 st Century in pursuit of a plan of finance to finance theprovision. expansion and improvement of health facilities (the "Projecr) described as follows:

(i) The Jewish Family Service Project includes acquisition. construction, renovation,furnishing and equipping of health facilities. acquisition of land in connection therewith and making ofrelated capital improvements, located at 5402 Arapaho Road, Dallas, Texas 75248. and to be owned,operated and managed by Jewish Family Service of Dallas, Incorporated;

(ii) The Jewish Community Center of Dallas. Inc. Northaven Project includes acquisition,construction, renovation, furnishing and equipping of health facilities and making of related capitalimprovements, located at 7900 Northaven Road, Dallas, Texas 75230, to be owned by JewishFederation of Greater Dallas and operated and managed by Jewish Community Center of Dallas, Inc.;

(iii) The Northaven Road Project includes acquisition, construction, renovation. furnishingand equipping of health facilities and making of related capital improvements. located at 7900 NorthavenRoad. Dallas, Texas 75230. to be owned by Jewish Federation of Greater Dallas and operated andmanaged by Jewish Federation of Greater Dallas and/or Jewish Community Center of Dallas, Inc.;

(iv) The Jewish Community Center of Dallas, Inc. Glencliff Project includes acquisition,construction. renovation. furnishing and equipping of health facilities. acquisition of land in connectiontherewith and making of related capital improvements, located at2601 Glencliff Drive. Plano, Texas75075. and to be owned. operated and managed by Jewish Community Center of Dallas, Inc; and

(v) The Federation Project includes acquisition, construction. renovation, fumishing andequipping of health facilities and making of related capital improvements. located at 7800 NorthavenRoad, Dallas, Texas 75230. to be owned, operated and managed by Jewish Federation of GreaterDallas.

The initial and exclusive owner. operator and manager of each portion of the Project will be theorganizations set forth above. All interested persons are invited to attend such public hearing toexpress their views with respect to the Project and the issuance of the Bonds. Questions or requests for

GRE136171000::OOMA\MHOOMA\OaIIas;380744;911/151ClO:9:CXWA

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additional information may be directed to Ms. Martha Fleisher, Vinson & Elkins L.L.P., 3700 TrammellCrow Center, 2001 Ross Avenue, Dallas, Texas 75201 (Phone: 214-220-7853).

fn pursuit of the plan of finance, proceeds of one or more series of Bonds may also be loaned toJewish Family Service of Dallas, Incorporated to finance the acquisition, construction, renovation,furnishing and equipping of the Jewish Family Service Project described above.

Persons who intend to appear at the hearing and express their views are invited to contact Ms.Fleisher either in writing or by telephone in advance of the hearing. Any interested persons unable toattend the hearing may submit their views in writing to Ms. Fleisher prior to the date scheduled for thehearing. The Issuer will reschedule the location and time of the hearing or schedule an additionalhearing if requested to do so in written requests submitted to Ms. Fleisher prior to the aforementioneddate of the hearing by a significant number of interested persons.

This notice is pUblished and the above-described hearing is to be held in satisfaction of therequirements of Section 147(f) ofthe Internal Revenue Code of 1986, as amended, regarding the publicapproval prerequisite to the exemption from federal income taxation ofthe interest on the Bonds.

GRE136171000::ODMA\MH()()MA\DIIIIas;3807....;911/151OO:1:03AM

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EXHIBIT B

FORM OFNOTICE TO THE COMMISSIONERS COURT OF

DALLAS COUNTY, TEXAS,OF INTENT TO ISSUE BONDS AND

PROVIDING CERTAIN INFORMATION RELATING THERETO

TO: THE COMMISSIONERS COURT OF DALLAS COUNTY, TEXAS:

NORTH CENTRAL TEXAS HEALTH FACILITIES DEVELOPMENT CORPORATION (the"Issuer"), in accordance with the provisions of Section 221.062 of Chapter 221 of the Texas Health andSafety Code, as amended (the "Acf'), hereby submits the following information to the CommissionersCourt of Dallas County, Texas:

1. The Issuer proposes to issue in one or more series its Revenue Bonds (Dallas JewishCe, ~munity Foundation Project) (together with the JFS Bonds hereinafter des~rjbed, collectively referredto as the II Bonds") in an amount which will provide the funds, after payment of certain costs relating tothe issuance of the Bonds, sufficient to pay the costs of financing and refinancing certain health facilitiesincluding the financing of acquisition, construction, renovation, furnishing and equipping of the healthfacilities described as the "Projecr (including the JFS Project) in Attachment A hereto. In addition, theIssuer may issue its Revenue Bonds (Jewish Family Service of Dallas, Incorporated Project) (the"JFSBonds·) to pay a portion of the costs of the JFS Project described in Attachment A. The aggregateprincipal amount of the Bonds will not be more than $19,000,000.

2. The issuance of such Bonds is expected to be authorized by the Issuer on or aboutDecember 12, 2000. The delivery of the first series of Bonds is planned to take place on or aboutDecember 21,2000.

3. The proposed users of the health facilities are the non-profit corporations set forth inAttachment A. The proposed acquisition, construction, renovation, furnishing and equipping isnecessary to the continued provision of high quality health care by the users.

4. This notice is given in and is intended to constitute compliance with the requirements ofSection 221.062 of the Act.

This Notice of Intent to Issue Bonds is given and delivered pursuant to official action taken bythe Board of Directors of the Issuer on , 2000.

GRE1W/1000::00MA\MHOOMA\DaIIu;380744;'11/1S1lXl:9:03AM

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NORTH CENTRAL TEXAS HEALTH FACILITIESDEVELOPMENT CORPORATION

By: _

Signature Page for Notice to the Commissioners Court ofDallas County, Texas

27

Attachment A

DESCRIPTION OF HEALTH FACILITIES

I. PROJECT

The" Project" consists of financing or refinancing the acquisition, construction, renovation,furnishing and equipping of health facilities, acquisition of land in connection therewith and making ofrelated capital improvements, described as follows:

Facility Name and Address

Jewish Family Service of Dallas,Incorporated ("JFS") Project

5402 Arapaho RoadDallas, Texas 75248

(Owner/Operator/Manager:Jewish Family Service ofDallas, Incorporated)

Jewish Community Center of Dallas,Inc. Northaven ("JCC-Northaventt

)

Project

7900 Northaven RoadDallas, TX 75230

(Owner: Jewish Federation ofGreater Dallas;Operator/Manager:Jewish Community Center ofDallas, Inc.)

GRE136171000::OOMA\MHODMA~380744;1

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The JFS Project consists of the provision, expansion andimprovement of health facilities, including, without limitation,acquisition, renovation, furnishing and equipping of a buildingto house mental health and social services, acquisition of landin connection therewith and making of related capitalimprovements and provision, expansion and improvement ofother health facilities, as defined in the Act.

JFS will provide mental health and social services, including,without limitation, individual, children's and family personalcounseling, psychiatric consultation services, support groups,counseling, case management and independent livingassistance for the elderly and homebound, including homedelivered meals and lifeline support, an adoption program,domestic violence services, school mental health services,and incidental and related services that promote health.

The JCC-Northaven Project consists of the provision,expansion and improvement of health facilities, including,without limitation, construction, renovation, furnishing andequipping of indoor and outdoor pool facilities and gymnasia,acquisition of a computer system; and making of relatedcapital improvements and provision, expansion andimprovement of other health facilities, as defined in the Act.

JCC Northaven's programs will include, without limitation,water therapy programs; prenatal exercise programs, exerciseclasses that use water resistance to improve cardiovascularfitness, flexibility and endurance, aqua jogging, water walking,swimming lessons and muscular conditioning classes,cardiovascular and weigl1t training programs, individualizedfitness programs, martial arts and aerobics classes for teensand adults and youth, family and adult classes, activities andsport leagues.

Attachment A-1


~orthaven Road Project

7900 Northaven RoadDallas, Texas 75230

(Owner. Jewish Federation ofGreater Dallas;Operator/Manager.Jewish Federation of GreaterDallas or Jewish CommunityCenter of Dallas, Inc.)

Jewish Community Center of Dallas,Inc. Glencliff (-JCC-Glenclitr) Project

2601 Glencliff DrivePlano, Texas 75075

(Owner/OperatorlManager:Jewish Community Center ofDallas, Inc.)

Jewish Federation of Greater Dallas("Federation-) Project


(Owner/OperatorlManager:Jewish Federation of GreaterDallas)

GRE13l!1710Cl0::00MA'MiOOMA\DlIIIa;3807.u;111/15tlOO:1:Q3AM

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The Northaven Road Project consists of the provision,expansion and improvement of health facilities, including,without limitation, renovation of an existing building,construction of an addition thereto, making of related capitalimprovements and acquisition of furnishings and equipment toprovide a mUlti-agency conference center and library, andprovision, expansion and improvement of other healthfacilities, as defined in the Act.

The multi-agency conference center and library will be usedby JFS, JCC, Jewish Federation of Greater Dallas, DallasJewish Historical Society, Dallas Holocaust Center, DallasJewish Community Foundation, The Greater Dallas JewishCommunity Capital Campaign for the 21 st Century and othercommunity organizations.

The JCC-Glencliff ProJ-=<:t consists of the provision, expansionand improvement of health facilities, including, withoutlimitation, acquisition, construction, renovation, furnishing andeqUipping of playgrounds, athletic fields and a building tohouse a gymnasium, swimming pool, fitness facilities, offices,meeting rooms and classrooms, and making of related capitalimprovements and provision,· expansion and improvement ofother health facilities, as defined in the Act

The JCC-Glencliff programs will include, without limitation,senior programming, a child development center/preschool,cardiovascular and weight training programs, individualizedfitness programs, and youth, family and adult classes,activities and sport leagues.

The Federation Project consists of the provision, expansionand improvement of health facilities including, withoutlimitation, renovation of an existing building, making of relatedcapital improvements and acquisition of furnishings andeqUipment to improve offices for the Federation, DallasJewish Community Foundation and The Greater DallasJewish Community Capital Campaign for the 21 st Century, thenon-profit corporations that provide financial assistance andother support to the non:~rofit agencies described in thisAttachment A, and other·community organizations, andprovision and expansion of other health facilities, as defined intheAcl

The Federation Project will be used primarily by theFederation, the central coordinating body for the GreaterDallas Jewish Community. The Federation acts as theumbrella organization through which the community's fundraising, planning, leadership development, communityrelations and allocation needs are met Dallas JewishCommunity Foundation and The Greater Dallas JewishCommunity Capital Campaign for the 21 st Century also havespace in the Federation Project

Attachment A-2

29

Th~ initial and exclusive owner, operator and manager of each portion of the facilities comprising theProject would be the organizations described above as wOwner/Operator/Manager".

II. USE OF BOND PROCEEDS·

Sources Amount

Principal Amount of the Bonds $19,000,000Total sources of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19.000.000

Amount

Costs of Issuance of Bonds (including underwriter'sdiscount, original issue discount and credit enhancement) $ 380,000Deposit to Construction Fund 18,620,000

Total Costs $ 19.000,000

• Preliminary; subject to change

III. NEED AND JUSTIFICATION FOR ISSUANCE OF BONDS .

(a) JFS Project The new building for JFS will provide professional private counseling offices,specialized areas for children's play therapy, group meeting rooms and employment resourcesfor job hunters. JFS has experienced substantial growth in new services including domesticviolence intervention, guardianship, and numerous support groups. There has been expansion inprograms such as kosher home-delivered meals, Lifeline Emergency Response System, andMitzvah Central Volunteer Services. The new facility at Arapaho and the Dallas North Tollwaywill enable JFS to consolidate all the agency's services, including the food pantry, at one location.

(b) JCC-Northaven Project The JCC needs to modernize its facilities in order to continue to provideits high level of award winning services. The current gym and other facilities are over-scheduled.The current gymnastics area cannot accommodate all of the requests for space and has forcedJCC teams to rent local gyms. The indoor pool will have major areas for therapeutic, children'sand lap swimming. Expanded facilities will allow the JCC to serve more families in thecommunity, as well as provide new programming and generate additional memberships andrevenue.

(c)

(d)

The JCC's computer system has been upgraded to be more responsive to the increasedprogramming and membership needs addressed by the JCC.

N0rthmn Road Prgjs A multi-room conference center is needed to support the programs ofthe agencies described in this Attachment A and other community organizations. ThisConference Center will have state-of-the-art video and teleconferencing capabilities. Themeeting rooms will accommodate a total attendance of 250 when movable room dividers areopened.

JCC-Glencliff Projs In 1988, the JCC opened a small North Branch in the Plano-Richardsonarea. The JCC has outgrown that facility. The new, larger facility will allow the JCC to provideexpanded health services to members of the community.

GRE136171000::OOMA\MHOOMA~"';380744;911/1SJOO:9:03AM Attachment A-3

30

(e) Federation Project. The Federation Building needs reconfiguration of its conference room andoffice space in order to meet growing community needs. Dallas Jewish Community Foundationwill be accommodated in an expanded office site, responding to growing interest in endowmentsand planned giving. An increasingly important department of the Jewish Federation, JewishEducation will now be fully integrated into offices in the Federation Building.

GRE138171000::ODMA\MHOOMA'D8lIM;3I0144;'11/151OO:9:03AM Attachment A-4

31

12105/00

CERTIFICATE QF RESQLUTIQN

THE STATE OF TEXAS §§

COUNTY OF DALLAS §

I, the undersigned officer of Dallas County, Texas (the "Sponsoring Entity"), do hereby execute anddeliver this Certificate for the benefit of all persons interested in the proceedings of the Commissioner Court(the "Governing Body") of the Sponsoring Entity and the validity thereof, and do hereby certify as follows:

1. I am the duly chosen, qualified and acting officer of the Sponsoring Entity for the officeshown below my signature; as such I am familiar with the facts herein certified; and I am duly authorized toexecute and deliver this Certificate.

2. The Governing Body convened in RegUlar Session on the __ day of December, 2000,at the regular meeting place thereof, and the roll was called of the duly constituted officers and membersof the Governing Body to wit:

Lee F. Jackson, County JUdge

Jim Jackson

John Wiley Price

Kenneth A. Mayfield

Mike Cantrell

and all of the persons were present. except the following: I thus constituting a quorum.Whereupon, among other business, the following was transacted at said meeting: a written resolution (the"Resolution") entitled:

RESOLUTION OF THE COMMISSIONERS COURT OF DALLAS COUNTY, TEXAS,APPROVING THE SALE AND ISSUANCE OF BONDS BY THE NORTH CENTRAL TEXASHEALTH FACILITIES DEVELOPMENT CORPORATION FOR THE PURPOSE OFFINANCING CERTAIN HEALTH FACILITIES FOR THE BENEFIT OF THE DALLASJEWISH COMMUNITY FOUNDATION; CONFIRMING PUBLIC HEARINGREQUIREMENTS FOR SUCH PROJECT; APPROVING THE BONDS AND PROJECT ASREQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, ASAMENDED; AND PROVIDING AN EFFECTIVE DATE

was introduced for the consideration of the Governing Body. Itwas then duly moved and seconded that saidResolution be adopted; and, after due discussion, said motion, carrying with it the adoption of saidResolution, prevailed and carried by vote of__ Ayes. __ Noes and __ Abstentions.

3. A true and complete copy of the aforesaid Resolution adopted at the meeting is attachedto and follows this Certificate.

4. Such Resolution has been dUly and lawfully adopted by the Governing Body and has beenduly recorded in the minutes of the Governing Body for such meeting.

5. Written notice of the date. hour, place and subject of the meeting of the Governing Body,including notice of a public hearing and the subject matter thereof, was posted on a bulletin board locatedat a place convenient to the public in the Records Building of the Sponsoring Entity. for at least 72 hourspreceding the scheduled time of such meeting; such place of posting was readily accessible to the general

GRE136171000OOMA\MHOOMA\08I...;383164;5

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public at all times from such time of posting until the scheduled time of such meeting; and such meetIng wasopen to the public as required by law at all times during which the Resolution and the subject matter thereofwere discussed, considered and formally acted upon, all as required by the Open Meetings Law, Chapter551, Texas Government Code, as amended.

SIGNED AND SEALED this __ day of , 2000.

County Clerk(SEAL)

Signature Page for Certificate of Resolution of Sponsoring Entity

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RESOLUTION OF THE COMMISSIONERS COURT OF DALLAS COUNTY, TEXAS,APPROVING THE SALE AND ISSUANCE OF BONDS BYTHE NORTH CENTRAL TEXASHEALTH FACILITIES DEVELOPMENT CORPORATION FOR THE PURPOSE OF

. FINANCING CERTAIN HEALTH FACILITIES FOR THE BENEFIT OF THE DALLASJEWISH COMMUNITY FOUNDATION; CONFIRMING PUBLIC HEARINGREQUIREMENTS FOR SUCH PROJECT; APPROVING THE BONDS AND PROJECT ASREQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, ASAMENDED; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, by resolution the Commissioners Court (the "Governing Body") of Dallas County, Texas(the "Sponsoring Entity"), authorized and approved the creation of the North Central Texas Health FacilitiesDevelopment Corporation (the "Issuer") as a nonprofit health facilities development corporation under theprovisions of Chapter 221, Texas Health and Safety Code, as amended (the "Act"); and

WHEREAS, the Act authorizes and empowers the Issuer to issue revenue bonds on behalf of theSponsoring Entity, to finance and/or refinance the cost of "health facilities" as defined in the Act; and

WHEREAS, Dallas Jewish Community Foundation, a Texas nonprofit corporation (tIle "burroWer")filed for review and consideration by the Board of Directors of the Issuer an Application for FinancialParticipation (the "Application") requesting the Issuer to issue one or more series of revenue bonds(collectively, the "Bonds"), the proceeds of which will be made available to the Borrower to be used, amongother things, to: (i) finance or refinance the Project described in Exhibit A (the "Projecr); and (ii) pay thecosts of issuance of the Bonds; and

WHEREAS, after reviewing the Borrowers Application for Financial Participation on November 15,2000, the Board of Directors of the Issuer adopted a Resolution Accepting Application Relating to theIssuance of Revenue Bonds; Approving the Inducement and Indemnity Agreement; Directing Transmittalof Notice of Intent to Issue Bonds; Approving the Appointment of a Financing Team; Authorizing theUnderwriters to Prepare and Distribute a Preliminary Official Statement in Connection Therewith; AuthorizingPublication ofthe Notice ofPublic Hearing; and Providing an Effective Date (the "Intent Resolution") wherebythe Issuer agreed to cooperate in prOViding financing for the Project; and

WHEREAS, in accordance with the provisions of Section 221.062 ofthe Act, on November 16, 2000,the Issuer filed with the Governing Body of the Sponsoring Entity a Notice of Intent to Issue Bonds andPrOViding Certain Information Relating Thereto (the "Notice of Intenr); and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), requires that theBonds and the Project be approved by the "applicable elected representative" (the "AER") of the jurisdictionsin which any portion of the Project is located after a public hearing following reasonable public notice; and

WHEREAS, with respect to the Bonds, the AER is the Governing Body of the Sponsoring Entity andthe Governing Body has been furnished with an affidavit of publication and certificate as to public hearingin connection therewith; and

WHEREAS, notice of a public hearing with respect to the Project and the Bonds held on behalf ofthe Issuer, the Sponsoring Entity and Collin County, Texas, on December 1, 2000, was published no lessthan 14 days before said date in The Dallas Morning News, being a newspaper of general circulationavailable to residents within the governmental units where the Project is located; and

WHEREAS, the duly appointed hearing officer of the Issuer held such public hearing on the dateand at the time and place set out in such published notice, and conducted such hearing in a manner thatprovided a reasonable opportunity for persons with differing views on the issuance of the Bonds and on thelocation and nature of the Project to be heard; and

GRE136171000ODMAIMHOOMA\oalla;3831 &4: 5

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34

WHEREAS, on December __' 2000, the Board of Directors of the Issuer approved a certainresolution entitled" Resolution Authorizing Issuance of Bonds In One or More Series for the Benefit of DallasJewish Community Foundation and Approving Documents in Connection Therewith; Authorizing Preparationand Use of Final Official Statement; Resolving Other Matters Pertaining to the Issuance and Sale of theBonds; and Providing an Effective Date" (the "Resolution"); and

WHEREAS, the Governing Body desires to: (i) approve the sale and issuance of the Bonds as finallyapproved by the above referenced Resolution; (ii) confirm action taken with respect to public hearingrequirements for the Project; and (iii) approve the Bonds and the Project as required by Section 147(f) ofthe Code; and

WHEREAS, the action of the Sponsoring Entity with respect to the Project will create no liability forthe Sponsoring Entity or its residents and is in the best interests of the Sponsoring Entity and its residents;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF DALLASCOUNTY, TEXAS, THAT:

Section 1. Approval of Sale and Issuance of Bond§. The sale and issuance of the Bonds, at,·;the Resolution of the Issuer providing therefor, substantially in the form attached hereto as Exhibit B, arehereby approved.

Section 2. ConfirmatiQn of Public Hearing: Notices. The Governing Body hereby finds,determines, recites and declares that a public hearing with respect to the Bonds and the Project was heldon December 1,2000, that notice of such public hearing was published no less than 14 days before suchdate in a newspaper of general circulation available to residents within the governmental units wherein theProject is located; that such notice included the date, time and place of the public hearing, the location,general nature and the initial owners, operators or managers of the Project and the maximum aggregateprincipal amount of the Bonds; and that all comments from interested persons were taken at such publichearing.

Section 3. AEB ApprQval. The Governing Body, acting in its capacity as AER of theSponsoring Entity pursuant to the requirements of Section 147(f) of the Code, hereby approves the Bondsand the facilities to be financed with the proceeds of the Bonds, such facilities being described in Exhibit Aand in the Notice of Intent filed with the Governing Body of the Sponsoring Entity. The approvals grantedhereby are not to be construed as (i) a representation or warranty by Dallas County, Texas, the GoverningBody of the Sponsoring Entity, any of the officers of the Sponsoring Entity, the State of Texas or any otheragency, instrumentality or political subdivision of the State of Texas that the Bonds will be paid or that anyobligations assumed by any of the parties under the instruments delivered in connection with the Bonds willin fact be performed, (ii) a pledge of faith and credit of or by the State of Texas or any agency,instrumentality or political subdivision of the State of Texas, or (iii) a representation or warranty concerningthe validity of the corporate existence of the Issuer or the validity of the Bonds.

Section 4. Bec:;itals. The recitals of this Resolution are hereby adopted as findings of fact.

Section 5. Notice of M§eting Syffisgi§nt The Governing Body has considered evidence of theposting of notice of this meeting and offiCially finds, determines, recites and declares that a sufficient writtennotice of the date, hour and place of this meeting and of the subject of this Resolution was posted on abulletin board at a place convenient to the public in the Commissioners Court Building and the Dallas CountyCourthouse of the Sponsoring Entity for at least 72 hours preceding the convening of such meeting; suchplace of posting was readily accessible to the general public at all times from such time of posting until theconvening of such meeting; and such meeting was open to the public as required by law at all times duringwhich the Resolution and the subject matter thereof was discussed, considered and formally acted upon,all as required by the Open Meetings Act, Chapter 551 of the Texas Government Code, as amended.

GREl36171000ODMA\MHOOMA\Oallu.383164;5

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35

Section 6. Proviging an Effective Date. That this Resolution shall be in full force and effectfrom and after its passage, and it is accordingly so resolved.

GRE136171000.:OOMAIMHOOMA~;3831&4:5

12lO5lOO:4:51PM -3-

36

PASSED AND APPROVED BY THE COMMISSIONERS COURT OF DALLAS COUNTY, TEXASTHIS DAY OF , 2000.

Lee F. Jackson, County JUdge,Dallas County, Texas

Jim Jackson, Commissioner Precinct 1,Dallas County, Texas

Mike Cantrell, Commissioner Precinct 2,Dallas County, Texas

(SEAL)

John Wiley Price, Commissioner Precinct 3,Dallas County, Texas

Kenneth A. Mayfield, Commissioner Precinct 4,Dallas County, Texas

ATTEST:

Earl Bullock, County Clerk,Dallas County, Texas

Signature Page for Resolution of Sponsoring Entity

37

EXHIBIT A

OESCRIPTION OF HEALTH FACILITIES

I. PROJECT

The" Project" consists of financing or refinancing the acquisition, construction, renovation, furnishing andequipping of health facilities, acquisition of land in connection therewith and making of related capitalimprovements, described as follows:

Facilit' Name and Address

Jewish Family Service of Dallas,Incorporated ("JFStI

) Project

5402 Arapaho RoadDallas, Texc:.E' 75248

(Initial Owner/Operator/Manager:Jewish Family Servrce of Dallas,Incorporated)

Jewish Community Center of Dallas,Inc. Northaven ("JCC-Northaven-)Project


(Initial Owner: Jewish Federation ofGreater Dallas;Initial Operator/Manager:Jewish Community Center ofDallas, Inc.)

GRE131J171000.:OOMA\MHODMA~;383164;5

12lO5lOO:4:51 PM

The JFS Project consists of the provision, expansion andimprovement of health facilities, including, without limitation,acqUisition, renovation, furnishing and equipping of a buildingto house mental health and social services, acquisition of landin connection therewith and making of related capitalimprovements and provision, expansion and improvement ofother health facilities, as defined in the Act.

JFS will provide mental health and social services, including,without limitation, individual, children's and family personalcounseling, psychiatric consultation services, support groups,counseling, case management and independent liVingassistance for the elderly and homebound, including homedelivered meals and lifeline support, an adoption program,domestic violence services, school mental health services,and incidental and related services that promote health.

The JCC-Northaven Project consists of the provision,expansion and improvement of health facilities, including,without limitation, construction, renovation, furnishing andequipping of indoor and outdoor pool facilities and gymnasia,acquisition of a computer system; and making of relatedcapital improvements and provision, expansion andimprovement of other health facilities, as defined in the Act.

JCC Northaven's programs will include, without limitation,water therapy programs; prenatal exercise programs, exerciseclasses that use water resistance to improve cardiovascularfitness, flexibility and endurance, aqua jogging, water walking,swimming lessons and muscular conditioning classes,cardiovascular and weight training programs, individualizedfitness programs, martial arts and aerobics classes for teensand adults and youth, family and adult classes, activities andsport leagues.

: A-1


Northaven Road Project

7900 Northaven RoadDallas, Texas 75230

(Initial Owner: Jewish Federation ofGreater Dallas;Initial Operator/Manager:Jewish Federation of Greater Dallasor Jewish Community Center ofDallas, Inc.)

Jewish Community Center of Dallas,Inc. Glencliff ("JCC-Glencliff') Project

2601 Glencliff DrivePlano, Texas 75075

(Initial Owner/Operator/Manager:Jewish Community Center ofDallas, Inc.)

GRE136171000ODMA\MHOQMA\Oall..;38316<t;5

12105100:4 51 PM

38

The Northaven Road Project consists of the provision,expansion and improvement of health facilities, including,without limitation, renovation of an existing building,construction of an addition thereto, making of related capitalimprovements and acquisition of furnishings and equipment toprovide a multi-agency conference center and library, andprovision, expansion and improvement of other healthfacilities, as defined in the Act.

The multi-agency conference center and library will be usedby JFS, JCC, Jewish Federation of Greater Dallas, DallasJewish Historical Society, Dallas Holocaust Center, DallasJewish Community Foundation, The Greater Dallas JewishCommunity Capital Campaign for the 21 st Century and othercommunity organizations.

The JCC-Glencliff Project consists of the provision, expansionand improvement of health facilities, including, withoutlimitation, acquisition, construction, renovation, furnishing andequipping of playgrounds, athletic fields and a building tohouse a gymnasium, swimming pool, fitness facilities, offices,meeting rooms and classrooms, and making of related capitalimprovements and provision, expansion and improvement ofother health facilities, as defined in the Act.

The JCC-Glencliff programs will include, without limitation,senior programming, a child development center/preschool,cardiovascular and weight training programs, individualizedfitness programs, and youth, family and adult classes,activities and sport leagues.

A-2

39

Facility Name and Addre$s

Jewish Federation of Greater Dallas("Federation") Project


(Initial Owner/Operator/Manager:Jewish Federation of GreaterDallas)

The Federation Project consists of the provision, expansionand improvement of health facilities including, withoutlimitation, renovation of an existing building, making of relatedcapital improvements and acquisition of furnishings andequipment to improve offices for the Federation, DallasJewish Community Foundation and The Greater DallasJewish Community Capital Campaign for the 21 st Century, thenon-profit corporations that provide financial assistance andother support to the non-profit agencies described in thisAttachment A, and other community organizations, andprovision and expansion of other health facilities, as defined inthe Act.

The Federation Project will be used primarily by theFederation, the central coordinating body for the GreaterDallas Jewish Community. The Federation acts as theumbrella organization through which the community's fundraising, planning, leadership development, communityrelations and allocation needs are met. Dallas JewishCommunity Foundation and The Greater Dallas JewishCommunity Capital Campaign for the 21 st Century also havespace in the Federation Project

The initial and exclusive owner, operator and manager ofeach portion of the facilities comprising the Projectwould be the organizations described above as ..Owner/Operator/Manage....

GRE138171000.·OOMA\MHODMA'D8he;383164;512/05100:":51PM A-3

GRE136171000OOMAIMHOQMA\Oall..;3831&4:5

121OSlOO:451PM

40

EXHIBIT B

Resolution of Issuer Approving Issuance andSale of Series 2000 Bonds

(See Tab 17 of this Transcript)

B-1

r; ...' _I~;, r

00 NOlI 3/ Mill: 31

41DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICES

ADMINISTRATION

BETTYJ. CULBREAT'H-USTERDIRECTOR

TO: COMMISSIONERS COURT

FROM: BEITY CULBREAm-LISTER, DIRECTOR

DATE: NOVEMBER 30, 2000

SUBJECT: APPROVAL OF CONTRACT AMENDMENT OF FY 2000-2001 RYAN WHITETITLE II FUNDS

Background of IssueThe Dallas County Judge is the grantee and legal recipient ofRyan White Title II funds, and Dallas County Healthand Human Services (DCHHS) is designated to serve as the Administrative Agency for Ryan White Title II fundsfor the Dallas Health Services Delivery Area (HSDA), which includes Dallas, Collin, Denton, Hunt, Ellis,Rockwall, and Kaufman counties. In aoo:rdance with the pr~visions ofTitle nofthe Ryan White C. \.R.E. Act,the Dallas HSDA HIV Services Consortium (Consortium) is charged with the respoosibility of establishingprioritiesfor the allocation ofTitle nfunds and detenniningthe categorical allocation offunds byservice category.The Administrative Agencytracks the expEllditureoffimds bythe serviceproviders throughoutthe yearand makesrecommendations, when appropriate, to reallocate funds.

The Administrative Agency received an FY 2000-2001Ryan White CARE ActTitle n initial award in the amountof $1,186,556, of which $118,657 is allocated to the Administrative Agency for the administration of funds,$245,000 to the State of Texas AIDS Drug Assistance Program., and $822,899 has been awarded to specificservice providers.

The Administrative agency has received additional FY 2000-2001 Ryan White CARE Act Title II funds in theamount of$401,206 for allocation. On August 9, 2000, the HSDA Consortium allocatedthe additional FY 20002001 Ryan White Title II fimds to the following service categories:

Service CategoryOutpatient Medical CareMedical Case Managem.eatDrug ReimbursemeatInsurance AssistanceServices for ChildnmlAdolesceats

Amount$278,515$ 61,900$ 27,511$ 20,633$ 12,647

On August 23, 2000, the AdmiDistrative Agency made Request for Proposals (RFP) available to agencies thatapplied for, and were awarded,~inthe above-listed service categories through the FY 2000-2001 RyanWhite Titles I, II, and FY 1m HOPWA R.FP process. A propOSlllsubmission deadline was 2:00 p.m. onWednesdaY, September 6, 2000. 1'heproposals were reviewed by an Extemal Review Committee comprised ofindividuals demographically retleetiw of the Dallas HSDA HlV/AlDS cases. Award recommendations wereposted on Monday, September 11, 2000.

On July 10, 2000, the Texas Departmmt of Health (TDH) notified the Dallas HSDA about the availability ofadditional FY 2000-2001 Ryan White CARE Act Title II funds for the purchase of capital equipment.Applications for the request for capital equipmem purchase in the amouot of$291,530.58 from subcontractorswere approved bythe Ryan White CoosortiWnofNorth Texas on August9,2000and bythe Commissioners Courton August 14,2000 (Court Order 2000-1626). On September 26,2000, TOH awarded fimds in the amount of$93,352 for the purchase ofcapital equipmmt, as preseuted in Attachmeat 1#2, to specific service providers.

2377 Stemmons FreewaySuite 600 LB-16

Dallas, Texas 75207-2710 CHfice(214) 819-1858FAJ«214)81~022

42Ryan White Title II Fund Amendments

Page 2

Fiscal ImpactThere is no fiscal impact on Dallas County.

Operational ImpactThe Administrative Agency staffwill coordinate and monitor the programmatic and fiscal accountability of thesubcontractors in accordance with the responsibilities assigned by the Commissioners Court. The programmaticand fiscal contract compliance will be reviewed by the Administrative Agency staffwho are specifically assignedthe responsibility of compliance audits ofthe HIV service subcontractors.

Legal ImpactThe signature ofthe County Judge is required on the contract amendments, and the Commissioners Court mustapprove the amended budgets.

RecommendationIt is recommended that the Commissioners Court approve the allocation ofthe additional FY 2000-2001 RyanWhite CARE Act Title n funds in the amount of$401,206, and the award offunds in the amount of$93,352 forthe purchase of capital equipment as presented in Attadunent #2, and authorize the County Judge to sign thecontracts and contract amendments with the service providers and ruH on behalfof Dallas County.

attaduneotc: J. Allen Clemson, Court Administrator

Virginia Porter, County Auditor

2377 Stemmons FreewaySuite 600 LB-16

Dallas, Texas 75207-2710 CHfice(214) 819-1858FAJ«214) 819-6022

43ATTACHMENT trl

FY 2000·2001 RYAN WHITE TITLE II FUNOSBUOGET AMOUNT $1.681.114.00

t.

AIDSAtms

AIDS Interla,t". Inc

$1920000

$19,200.00

$20321 00$13819 00536681 0056683 00

510316 00$5 131 00$92,951.00

$703 7 50$1 045 00$8,082.50

$25 000 00$25,000.00

$3348000$6.00300

$56.12100$95,604.00

$21.000.00$1,893.00

$22,893.00

$67795600$677,956.00

$104500$1.045.00

$5131 00$5,131.00

S25,OOO.00$25.000.00

S7,037.50 SO.OO

SO.OO SO.OO

$20321 00$1381900$458500 532,096 00$6683 00

$10316 00

$45.408.00 $42.412.00

$9.31300$4,585 00 $6.778 00$5484 00

S19.382.00 S6,778.00

$10.317 00$20000.00

$10,317.00

Case Management

Cap,tal EQUIpment

TOTAL

Congregate Meals

Medlcal Case Management

Transportation (People)

Capital EQlJlpment

TOTAL

Dental Cara

Food Pantry

Medical Case Management

Information and Referral

Insurance ASSistance

Cap,tal EQlJlpment

TOTAL

Open Arms. Inc.

Welcome HoI8e, Inc.

AIDS SeNlces of Dadas

Resource Center of Dallas

AIDS SeN1ces of North Texas

TOTAL AGENCY SUBTOTAL $822 899.00 $401206.00 $91,332.00 $1,315,437.00

TDH stllleADAP

TOTAL

245,000.00

$245000.00

$24500000

$245,000.00

HSPC CONSORTIUM $1646.00 $164600

O,"sC 118651.00 $374.00 $11903100

TOTAL AWAJlD $1188 ".00 $401 .01 $93 52.00 $1 681114.00

C\OLOOATA""ONITOR'.CONTRACT\OOlttlO1'«2.ltd1lnenl.123

11127120000e46:35 AM

44

DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESHealth Division

BETTY CULBREATH-LISTERDIRECTOR'

MEMORANDUM

TO: COMMISSIONERS COURT

FROM: Betty Culbreath-Lister, Director

DATE: December 12, 2000

SUBJECT: SUBCO.~TRACT WITH THE UNIVERSITY OF 1 EXASSOUTHWESTERN MEDICAL CENTER AT DALLAS

BACKGROUND

- II

On August 1 2000, the Commissioners Court authorized Texas Department of Health Contract#7560009056 2001, Attachment #13A, STD-Training (HIV-Hepatitis C Virus) that includescontractual funds for subcontracting with the University of Texas Southwestern Medical Centerat Dallas. The University of Texas Southwestern Medical Center at Dallas will conduct two (2)Hepatitis C updates; clinical practicum for twelve (12) Texas physicians at the Liver DiseaseClinic; HCV internet web-site; HCV physician 'hot line'; and HCV Texas Public Health Newsletter.This subcontract is effective September 1, 2000 through August 31, 2001.

OPERATIONAL IMPACT

This subcontract with the University of Texas Southwestern Medical Center at Dallas will haveno impact on operations.

LEGAL IMPACT

The County Judge is required to sign the subcontract after approval by the Commissioners Court.The District Attorney's Office, Civil Section, has reviewed and modified the contract content, andthe contract has been approved as to form.

2377 N.Stemmons FreewaySuite 644 • LB 12

Dallas, Texas 75207·2710 Office (214) 819·2100FAX (214) 819·2107

45Commissioners CourtDecember 12, 2000

Page 2

FISCAL IMPACT

The University of Texas Southwestern Medical Center at Dallas will present a bill for paymentby the 10th day of each month based on 1/1 2 (one/twelfth) of the total authorized funds. Thebudget for this contract is $126,106 for salaries and benefits, $20,000 for development of website, hotline, coordinator support system, and newsletter, $42,000 for CME Budget request for2 one-day meetings and clinic practicum, and $10,088 for indirect costs for a total of $198,194.There is no financial impact to Dallas County.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court approves thesubcontract with the University of Texa$ Southwestern Medical Center ~~ Dallas, and autht)rizesthe County Judge to sign the agreements on behalf of Dallas County.

Recommended by:_~--.;....;;;....-.~.........-..Jl..-_-,F- _

xc: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorPhil Scheps, Budget Officer


Dallas, Texas 75207·2710 OffIce (214) 819·2100FAX (214) 819·2107

STATE OF TEXAS

COUNTY OF DALLAS

46

§§§§§§§

I.

STD/HIV PREVENTION TRAININGCENTER BETWEEN THE DALLASCOUNTY HEALTH AND HUMANSERVICES DEPARTMENT Al'lDTHE UNIVERSITY OF TEXASSOUTHWESTERN MEDICALCENTER AT DALLAS

CONTRACTING PARTIES

This Contract is entered into by and between the agencies shown below as contracting

parties, pursuant to the authority grante\i and in compliance with the authorization 0:..· the

Commissioners Court.

The RECEIVING AGENCY:

The PERFORMING AGENCY:

THE DALLAS COUNTY HEALTH ANDHUMAN SERVICES DEPARTMENT

THE UNIVERSITY OF TEXASSOUTHWESTERN MEDICAL CENTER ATDALLAS

II.

STATEMENT OF SERVICES TO BE PERFORMED

During the tenn ofthis Contract, the PERFORMING AGENCY will conduct the following:

(i) two (2) Hepatitis C Updates; (ii) clinical practicum for twelve (12) Texas physicians at the Liver

Disease Clinic; (iii) HCV Internet Website and HCV physician 'hot line'; and (iv) HCV Texas

Public Health Newsletter.

1

47

Instruction shall be conducted usmg the following methods: formal lectures; class

discuss~ons, audiovisual presentations and; clinical and laboratory and practicum; development of

and maintenance of the HCV Website, physician 'hot line', and newsletter.

PERFORMING AGENCY will benefit Texas physicians and physician extenders involved

in the medical, epidemiological, and public health management of patients with Hepatitis C.

III.

DEFINITIONS

(i) Hepatitis C Update: two (2), one-day sessions limited to one hundred fifty (150) per

course.

(ii) Clinical Practicum: twelve (12) Texas physicians (two per practicum training

session) to spend two days in the Liver Center Clinic.

(iii) Development and maintenance ofthe HCV Internet Website and physician'hot line' .

(iv) HCV Texas Public Health Newsletter.

IV.

CONTINGENCIES

Participation in the aforementioned courses is contingent upon the approval of the

RECEIVING AGENCY'S STDIHIV Prevention Training Center Program Manager.

V.

BASIS FOR CALCULATING REIMBURSABLE COSTS

By the 10lb day ofeach month, PERFORMING AGENCY shall present a bill for payment

based upon 1/12 (one/twelfth) of the total funds authorized under this Project as set forth below:

2

48

Personnel, salary + fringe benefitsDevelopment of Website, Hotline,

Coordinator support system,Newsletter

CME Budget request for 2 one-day meetingsand Clinical Practicum

$126,106.00$ 20,000.00

$ 42.000.00

DIRECT COSTSINDIRECT COSTSTOTAL

(SUBTOTAL) $188,106.00$ 10.088.00$ 198,194.00

RECEIVING AGENCY shall compensate PERFORMING AGENCY within thirty (30) days

of receipt of a properly documented invoice from PERFORMING AGENCY to be submitted on a

monthly basis. A statement of work accomplished shall accompany each invoice.

VI.

NOT TO EXCEED AMOUNT

Notwithstanding any provision contained in this Contract, RECEIVING AGENCY'S

obligation to PERFORMING AGENCY shall not exceed the total sum ofone hundred ninety-eight

thousand one hundred ninety-four dollars and no 00/100 ($198,194.00) without prior written

modification or amendment to this Contract approved by formal Dallas County Commissioners

Court Order.

VII.

TERM OF CONTRACT

This contract shall begin September 1, 2000 and will terminate August 31, 2001.

3

49

VIn.

AGENCY

The RECEIVING AGENCY and the PERFORMING AGENCY agree and acknowledge that

each entity is not an agent of the other entity and that each entity is responsible for its own acts,

forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the

performance of work covered under this Contract.

IX.

APPLICABLE LAW

This Contract is expressly made subject to RECEIVING AGENCY'S Sovereign Immunity,

Title 5 of the Texas Civil Remedies Code, and all applicable State ofTexas and Federal laws. This

Contract and all matters pertinent thereto shall be construed and enforced in accordance with the

laws of the State ofTexas and venue shall lie exclusively in Dallas County, Texas.

X.

SEVERABILITY

Ifany provision ofthis Contract shall be held invalid, void or unenforceable, the remaining

provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in

full force and effect.

XI.

AMENDMENT

This Contract may not be amended except in a written instrument specifically referring to

this Contract and signed by the parties hereto.

4

50

XII.

FORMAL COURT APPROVAL

This Contract is expressly subject to and contingent upon fonnal approval by the Dallas

County Commissioners Court.

By their signatures below, the duly authorized representatives ofthe RECEIVING AGENCY

and the PERFORMING AGENCY accept the tenns of this Contract in full.

EXECUTED THIS day of , 2000.

RECEIVING AGENCY

DALLAS COUNTY HEALTH ANDHUMAN SERVICES

BY: Betty Culbreath-Lister, Director

COUNTY OF DALLAS

BY: Lee F. JacksonCounty Judge

APPROVED AS TO FORM

BY: John B. DahillAdvisory Chief Civil SectionAssistant District Attomey

5

PERFORMING AGENCY

UNIVERSITY OF TEXASSOUTHWESTERN MEDICAL CENTER

BY:

51DALLAS COUNTYDEPARTMENT OF HEALTH AND HUMAN SERVICESHealth Division

, /

\ . r

l~, \~ ."-' '.:\ "

GO u-:'C -S Pi' 3~ \9

BETTY CULBREATH-lISTERDIRECTOR

MEMORANDUM

TO:

FROM:

DATE:

COMMISSIONERS COURT

Betty Culbreath-Lister, Director

December 12, 2000

SUBJECT: TEXAS DEPARTMt:NT OF HEALTH CONTRACT #7560009056 2000,ATTACHMENT #14· REFUGEE(RELEASE OF FUNDS)

BACKGROUND

The Texas Department of Health (TDH) has notified DaUas County Health and HumanServices of continuation funding for the TDH Contract #7560009056 2000, Attachment#14· Refugee for FY 2001. Dallas County Health and Human Services is requesting therelease of payroll for four (4) full-time positions, for the month of December, 2000.

RECOMMENDATION

It is respectfully recommended that the Dallas County Commissioners Court does herebyapprove authorization for the County Treasurer, Bill Melton, to release payroll for the TexasDepartment of Health Contract #7560009056 2000, Attachment #14-Refugee, for themonth of December, 2000, until the Contract has been received.

Recommended by: ~~~httYC -'e~lISt8f:Dkector

c: J. Allen Clemson, Court AdministratorVirginia Porter, County AuditorPhil Scheps, Budget OfficerBill Melton, County Treasurer


Dallas, Texas 75207·2710 OffIce (214) 819·2100FAX (214) 819·2107

• I

II' 3,:i PU32 . J

. I,._ "":-:"";'1

William R. Archer, m. M.D.Commissioner of Health

Texas Department of Health ~~~c0Ul{:~. _.1100 West 49th Street :-:Ett-Jitt~·E..&li~.M·.D~, .'.: r ~

Austin. Te::w 78156-3199 ---Executive.Deputy-eommwiOner -(512) 4'8·7111

http://www.tdh.state.tx.us

Zachary Thompson, Deputy DirectorDallas County Health and Human Services Department2377 North Stemmons FreewayDallas, Texas 75207-2710

Dear Mr. Thompson,

August 18,2000

The Texas Department of Health Refugee Health Screening Program (fDH'lRHSP) intends tocontinue funding the Dallas County Health Department Refugee Health Screening Program(DCHDIR:HSP), in the amount ofS156,945, for FYOO/OI (Oct 1,2000 - Sept 30,2001), and willsoon initiate a contract for thatpurpose throughTDH GrantsManagement Thesefunds are intendedto support local health department efforts to screen and refer newly arrived official refugees for avariety ofconditions. Current recommendations to provide evaluation, referral for primary healthservices and/or treatment, additional screening tests and referrals, and additional age specificrecommendations are described in the Medical Screening Protocol for Newly A"iving Refugees(USDHHS/Office of Refugee Resettlement - Nov. 21, 199S), which will be an attachment of thecontract for refugee health screening services.

Please note that $2,200 of the above amount comes from Refugee Preventive Heatth Grant funds,and is intended for use for conference and training travel for refugee progtam staff; and fornecessary equipment and major supply items. Use of theJunds for the above described travel ishighly recommended, especially for/to state refugee conferences, as this facilitates sharing ofprogram kn~wledge among the various refugee health screening programs in Texas.

The remainder of the funds are from Refugee Medical Assistance category of the· state refugeeresettlement budget and are for the 'actual cost' ofproviding refugee health screening, education,follow-up and referral, and program reporting, for newly arrived refugees and asylees.

Two fairly recent developments in program activities are worth reviewing:

1. Immunizations which are required for refugees to apply for adjustment of status to penn:mentlegal resident, but which are not available through Vaccination Assistance Programs (i.e. vancellavaccinations for adults) may be budgeted for and provided through RHSPs. (Also, local healthdepartments have been designated as Civil Surgeons by the INS and .may sign off on theSupplemental Vaccine Fonn (for refugeeslasylees.2lllx) required for the above adjustment ofstatusapplication .

An Equal EmploymtnJ Opportrmity Emplayf'

53

2. Asylees are now eligible for refugee services, including refugee health screening/assessmentservices, with eligibility dating from the date they are granted asylum. Additional informationrelated to expected numbers and any new specific recommendations related to health aSsessmentprotocol will be forthcoming in the future. .

A1Iloca! program funds are made available with the understanding that any substantive change inthe program's procedures, stIUcture, or staffing which directly affect the provision of services torefugees not be made without prior consultation, planning, and approval ofTDHlRHSP.

Sincerely,

d~/~c;r-Sam Householder, Jr., lv1PHDirector, Refugee Health Screening, Migrant, Foreign-bom ProgramsTDHlruberc:ulosis Elimination Division, Rm. 0-308(S12)4S8-7494. 4S8-7111 x6976. fax4S8-7S27e-mail: [email protected]

cc (mailed copies):

Betty J. Culbreath-Lister, Director, HHSKarine Lancaster, M.D. - Medical DirectorCassandra Mims-Dukes, Nursing Manager

./Ouida Turner, Contract ManagerCleta Matthews, RN

Date:

To:

From:

54

Dallas CountyJUVENILE DEPARTMENT

MEMORANDUM

December 5,2000

Dallas County Commissioners Court

Michael K. Griffiths, Director

OOOEC-S P;i2:13

Subject: Application for Year 3 Funding from the Juvenile Accountability Incentive BlockGrant

Background of Issue

Seventeen jurisdictions within Dallas County have pooled their funding from the federal JuvenileAccountability Incentive Block Grant (JAIBG) for the purpose of creating a centralized data basefor juvenile records, called the Dallas County Juvenile Information System (JIS). The ultimategoal of the project is for law enforcement, prosecutors, courts, probation, schools and socialservice providers to access a common records system for juvenile offenders. A Juvenile CrimeEnforcement Coalition (JCEC) was established to set goals and priorities for the project. AJCEC Executive Committee was designated to provide oversight for the project. Dallas Countyhas served as the manager for the overall project. The JAIBG is administered by the State ofTexas, Office of the Governor, Criminal Justice Division (CJD). Total funding for the JAIBGproject was $1,380,831 in the first year and $1,869,072 for the second year.

We have received notification of the funding allocation for the third year of the JAIBG project.Commissioner Cantrell has taken the lead on continuing the collaboration among jurisdictions.We are in the process of receiving confirmation that all seventeen jurisdictions will continue toparticipate and are developing the application based upon the collaboration continuing. JAIBGfunding is not competitive, with allocations based upon population and crime statistics. However,CJD requires that we submit an application for funding by December 31,2000. Attached to thisbriefing is the funding level and cash match for all seventeen Dallas County jurisdictions. Thepurpose of this briefing is to request Commissioners Court approval to submit a consolidatedapplication for Year 3 of the JAIBG, with Dallas County again serving as the applicant of record.

Status of the JIS

Commissioners Court recently approved a contract with The Harbour Group for operation andenhancement of the JIS. The current version of the JIS is considered to be a functioning,extended prototype. Year 2 JAIBG funding will be allow the Harbour Group to add data fromadditional agencies and develop enhancements to the JIS. The planned system enhancementsinclude: data entry for the District Attorney, development of an electronic filing system, a school

2600 Lone Star Drive, Box 5 Dallas, Texas 75212 (214) 698-2200

I,

55

JAIBG Year 3 Applicationpage 2

notific~tion f.u.nction, the ability to track petitions, an automated arrest report, and a municipalcourt dIsposItion translator. The Harbour Group will also assume responsibility for the continuedoperation of the JIS, including training, system administration and resolution of problems withthe system.

Operational Impact

The JAIBG grant award will be to Dallas County. The JCEC Executive Committee is providinggeneral oversight and guidance for the project. The Dallas County Juvenile Department isserving as the administrative entity for the Dallas County JAIBG Collaboration. Dallas CountyMIS Director John Hennessey serves as a non-voting member of the JCEC and has beeninvolved in all phases of this project. Mr. Hennessey and Juvenile Department staff worktogether to manage the activitie", Oi The Harbour Group.

The Year 3 funding will cover the period of July 1, 2001 to June 30, 2002. A meeting of theJuvenile Crime Enforcement Coalition has been scheduled for December 18, 2000 to discusspriorities for the third years funding. We know that the JIS still needs to be expanded to includeJustice of the Peace Courts and social service agencies. There will also need to be additionalenhancements to the system to continue the process of automating the flow of cases throughthe entire juvenile justice system. The priorities for Year 3 will be implemented by The HarbourGroup through an extension of their current contrad, if The Harbour Group is found to beeffedive in their work under the Year 2 funding.

Performance Measures

Performance Measures for the JAIBG projed are primarily based upon The Harbour Group'scompletion of development and implementation activities. Their recently approved contractdetailed twelve specific deliverable tasks, each with a due date for completion. The deliverabletasks track the enhancements described above and other key milestones for the project. Wewill develop similar deliverable tasks for the development activities funded by Year 3.

We are also developing some overall performance measures to examine the impact of the JISon the overall juvenile justice system in Dallas County. We want to find a way to measure thetime savings or other efficiencies to law enforcement, Distrid Attorney staff, and Court staff inprocessing cases through the system. We can exped systemic performance measures toinclude:

• Number of new users trained and granted aceess to the system each quarter;• Amount of time the system is in use;• Percent of time the system is not available due to problems or other factors; and• Number of referrals from Municipal Courts due to third offense at that level (as

provided for by 51.08c of the Family Code).

2600 Lone Star Drive, BOI 5 Dallu, Texas 75212 (214) 698-2200

56

JAIBG Year 3 Applicationpage 3

Fiscal Impact

The total JAIBG award to all seventeen Dallas County jurisdictions for the collaborative effort is$1,632,728, with a cumulative cash match of $181,414, for total funding of $1 ,814,142. DallasCountis share of the award is $469,028, with an associated cash match of $52,114. DallasCounty's share of the Year 3 funding is a slight increase from the $400,263 award and $44,474match of Year 2. While we must agree to the cash match at this time, the match would not haveto be provided until FY 2002 due to the term of the grant. Other participating jurisdictions willbe responsible for their cash match.

Legal Impact

CJD requires that aach jurisdiction pal ticipating in Year 3 of the JAIBG provide a formal waiverand resolution authorizing Dallas County to apply for funding ontheir behalf. CJD will allow usto submit an application by the December 31, 2000 deadline with the waivers and resolutionspending. The grant application reqUires the signature of the Dallas County Judge on theapplication and standard assurances forms. Copies of those documents requiring signature areprovided. Juvenile Department staff are preparing the application documents to be available foryour review with the Court Order.

CJD also requires that the Court Order authorizing the application include language confirmingthat Dallas County is responsible for the grant funds and that, in the event of the loss or misuseof the grant funds, Dallas County will return all funds to CJD in full. This assurance is standardfor all CJD grants.

Recommendation

It is recommended that the Dallas County Commissioners Court approve the application forfunding under the Juvenile Accountability Incentive Block Grant and authorize Judge Lee F.Jackson to sign the application documents on behalf of Dallas County. It is also recommendedthat Commissioners Court agree to provide Dallas County's required share of the overall projectcash match, $52,114.

Recommended by: (V] I iliA t{~Michael K. Griffiths, 01 tor <::::::

2600 Lone Star Drive, BOI: 5 Dallas, Texas 75212 (214) 698-2200

GEORGE W BCSH

GOVER.'10R

The Honorable Lee JacksonCounty JudgeCounty of Dallas411 Elm Street. 2nd FborDallas. TX 75202-3317

Dear County Jwige Jackson:

57

STATE OF TEXAS

OFFICE OF THE GOVER;-;OR

CRIMI;-;AL JUSTICE DIVISIO;-;

October 30. 1000

Enclosed is an application kit for the Fiscal Year 2000 Juvenile Accountability Incentive Block GrantProgram. Over 200 local 'mits of government are eligible to apply for these funds and our office has justbeen provided with the allocations necessary to disperse these funds to your area. The County of Dallas iseligible for $469,028 with a ten percent (l00/0) match of 552,114 making the total project budget5521,142. The deadline for application submission is December 31,2000. We would like to emphasizethe fact that this is not a competitive application process, the money has already been designated to yourjurisdiction, to aid in the reduction ofjuvenile crime, and simply requires that you apply.

Please revie~ the updated guidelines carefully. You must reconvene your Juvemle Crime EnforcementCoalition (JCEC) and cJpprove a plan for these FY2000 funds.

If your jurisdiction is not able to utilize the funds, you have two options: you may return the funds to theState by signing the enclosed Waiver of Application form (page 37 in the application), or you maydesignate a neighboring jurisdiction to receive your funds by passing a resolution allocating your money to

thatjurisdictiol1. The resolution should be given to the recipient of the funds for inclusion in theirapplication.

Please submit your application as soon as possible so that we can award you the grant. If }OU intend toreturn the money to thc State, please submit your Waiver of Application form immediately. We plan to usethese funds to ;upport regional projects for jurisdictions that were not eligible under this program. If youhave any questions, please contact Nicole Lievsay at 512/463-6472 or nlievsayCQ),govemor.state.tx.l1s.

Sincerely,

Glenn BrooksDirector ofJustice Programs

Enclosure:

Cc:

Applkation PacketWaiver of Application and Instructions (Enclosed in Application Packet, pg. 37)

Michael K. Griffiths, Project DirectorVirginia Porter, Financial OfficerRohert Neff, Criminal Justice Planner

POST Oma! Box 12428 AUSTIN, TI!XAS 78711 (512) 463-1919 (VoICE)/(512) 475-2440 (FAX)

DALLAS COUNTYJAIBGYEAR3

Agency bovemmeDt AmOUDl Wlalcn rroJeclAddison City of S9,970 SI,10~.~ SII,078Balch Springs City of S5,356 S595 $5,951Carrollton City of S30,364 S3,374 $33,738Cedar Hill City of S5,839 S64j $6,488Dallas City of $793,175 $88,131 $881,306Dallas County of $469,028 $52,114 $521,142DeSoto City of S9,174 $1,019 $10,193Duncanville City of $13,908 $1,545 $15,453Garland City of $63,662 $7,074 $70,736Grand Prairie City of $59,356 $6,595 $65,951Fanners Branch City of $11,351 SI,261 $12,612Highland Park City of $6,053 $673 $6,726Irving City of $54,958 $6,106 $61,064Lancaster City of $7,771 $863 $8,634Mesquite City of $43,385 $4,82 1 $48,206Richardson City of S34,817 $3,869 $38,686Rowlett City of S7,635 S848 $8,483University Park City of $6,926 $770 $7,696

UtQO

TOTAL 51,632,728 5181,414 51,814,142

Rev. 6-21-00

59

EXECUTIVE COMMITTEEJuvenile Crime Enforcement Coalition

Martha Hawkine

Dallae Public 5choole

5000 5. Malcolm X Blvd Rm102

Dallae. Texae 75215972-749-2698972-749-2511 (fax)

mhawkin~CJda lIaeied.org

There~~a Waehington

Wilmer-Hutchine 15D

3820 E. lIIinoie

Dallae. Texae 75215

214-376-7311 xM214-376-6543 (fax)

Honorat71e Deanna 5umett

Carrollton Municipal Court

1835 Pearl Street

Carrollton. Texa. 75006972-466-3260 972-466-170&(fax)

Ben Wlilein.

Dalla.CASA

2816 Swiee Avenue

Dallae, Texae 75204-

214-&27-&961 214-&27-&97.3 (fax)

bwilleine4Ddallaecaea.org

Gene Summere

Dallae Police Department

2014 Main Street, #3OOA

Dallae, Texae 75201214-670-4639 214-670-4623(1)gene.eumm~IIa••~u.

Capt. rmy UttIeIrving Pollco Departmmrt

P.O.5ox15228&

Irvin9. Texa. 75015-228&972-721-2669 972-721-2505 (fax)

tzettIeOci.irvin9·t x.u.

Lt. Kevin Hughee

Richardeon Police Department

P. O. Box 831078Richardeon, Texae 75083-1078972-744-4000

972-744-5921 (fax)

khugheeCJcor.gov

Gary Arey

Dallae County Juvenile - DA2600 Lone Star Drive

Dallae, Texae 75212214-69&.2285 214-69&.5561 (fax)

gareyOdallaecounty.org

Randy Wadley

Juvenile Department2600 Lone Star Drive

Dalla•• Texa. 75212214-69&.2200 214-69&.550&(fax)rwadleyOdallaecounty.org

..

Non-Memt7ere:

Other Individuale to Notify

for Meetinge:

Mike Cantrell

County Commi~~ioner

715 Rowlett RoadGarland. Texae 75043972-240-1740 972-240-1749mcantrellOdallaecounty.org

John Henneeeey

Dallae County MIS Coordinator411 Elm Street, 3rd Floor

Dalla., Texae 75202214-653-7339 214-653-7057

(fax)jhenneeeeyOdallaecounty.or9

Jim BethlcoOffIce of Court t\dminietration

P.O.50x12066

Auetin. Texae 78711-2066

512-463-1625

512-463-1648 (fax)

Ron StretcherDallae County Juvenile Dept.

2600 Lone Star Drive

Dallae. Texae

214-69&.2231214-69&.550& (fax)retretcherOdallaecounty.org

Rot7ert NeffNCTGOGP.0.50x~

Arlin9ton, Texae 76005-5888817-695-9174817-695-9164 (fax)

meffOdfwinfo.com

60

COMPREHENSIVE CERTIFICATION

This certification is amaterial repr~ntation offila upon which reliance was placed with the agency determined to award thegrant. Ifit is later determined that the grantee knowingly rendered an erroneow certification, the agency, in addition to any otherremedies available to the federal government, may cake available action.

Ifthis application is for federal funds in excess of$100,000, I certifyto the best ofmyknowledge and belief.1. no feden! appropriated funds have been paid or will be paid to any person for influencingor attempting to influence an officer

oremployeeofanyagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamemberofCongressinconnectionwiththeawardingofanyfederal contract, themakingofanyfederal gtmt, themakingofanyfederal loan, the enteringintoofanycooperative agreement, and theextension, co,n.tinuation, renewal, amendment, ormodificationofany federal conuaa,grant, loan, orcooperativeagreement;

2. ifanynon-federalfundshavebeenpaidorwillbepaidtoanypeaonforinBuencingoraaemptingtoinBucnceanofficerorcmployeeofanyagency, amemberofCongress,anofficeroremployeeofCongress,oran employeeofamemberofCongress inconneaionwith this federal conuaa,grant, loan, orcoopenL ..~agreement, theundersigneclshallcheckhc:rc__andconcaaC]Doryoutlocal councilofgovernmentSfor the -DisclosureForm to .ReportLobbying,·; and

3. the undersigned shall require that the languageofthis certification be included in the awarddoc:wnencs for all sub-awards at alltiersandWtall sub-recipientSshallcertifyaccordingly.

Ifthis applicadoo. is for federal fimds, I c:eniCythat CD the bestofmyImowIedgcand bcliefiL The applicant certifies that itwill provide adrug-free workplace by:

A. Publishing astatement notifyingemployees that the unlawful manu&.cauc, distribution, dispensing, possession, or we ofacontrolledsubstance is prohibited in thegrantee'sworkplace andspecifying the aaiona dwwU1 be taken againstemployees for violation ofsuch prohibition.

B. Establishingadrug-free awareness program to inform emplOyees abouc

1. the dangersofdrugabuse in theworkplace;

2. the applicant's policyofmaintainingadrug-free workplace;

3. any available drugcounseUng, rehabilitation, and employee assisance programs; and

4. the penalties that may be imposed upon employees for drugabuse violations.

C. Making it a requilemeDt that eachemployee to be engapl in the performance ofthe grant be given acopyofthestatement required byparagraph (A).

D. Notifying cbeemployee in theswement required byparagraph (A) that. u a condidon ofcmploymentunder the grant,theanployeewill:1. abide by the terms ofthe _caDa'C; and

2. notify theemploJeroflAYcriminalclnagSWUtecon~n lor a violation oa:urrins in theworkplace not later thanfive daJlafrersuchCODviaioD.

E. NotifyiDg theapIlCYwithin ceo daysafter rec:eMngnotice undersubparapaph (D)(2) from an employee orothelwisereceiving ICaJIl DoQceofIUdlcoaYicdoa.

F. Takingoneofchc followiqaetiouwirb respect to anyemployee who is fO convicted:

1. aJciagappropriarepenoanel aerioD apiDStsuchaD empIo,.. up to andincludingccrmiaadon; or

2. requirinssuch employee to participatesatkfaaorily ina cIruaabuse usisuneeor rebabi1icatioo program approved forsuch purposes bya federal, state.or locdhealth. JawenfOrcemenc. orocherappropriate~

G. Makingagood. fiitb eftOrc to CODtin.. to maintain adrug-&ecworkplace through the implementation ofparagraphs (A),(B), (C), (0), (E), and (F).

0nrtimIetJ...

23

Juveniie AccoontablTtty Incentive 8k:ldc GlantFund61Please read carefully; initial in appropriate spaces.

AUDIT CEKIlFICATION

FederalIfthis 4p..2'i&atW'! isfor fteb:r41fundt. I uniJY {initUzl the 4ppropriate choiee}:--.- The appl~C3.:0tagency~endy.~n~ combined fedenI funding of$300,000 or more and, therefore, isreqwred to submIt an annual smgle audit Dy an tndependent auditor made in accordance with the Single Audit ActAmendments of 1996 andO~BCircular A-133.__ TI:e appli~t agenq currendy expends ~mbined federal funding ofless than $300,000 and therefore is exemptfrom the Stngte Audit Act and cannot Charge audit COstS to a CJO grant. I underStand, however that CJ0 may require alimited scope audit as defined in OMB CirCular A-133. '

~Ifthis ap.p-'i&atUm isfor statefunJs. 1certify (initiIIJ the appropriate choice): .__ The applicant agency currendy expends combined state funding ofS300,OOO or more and, therefore is requiredto submit an annual single audit byan independent auditor made in accordance with the Uniform Grant ManagementScandards (UGMS). '__ The applicant agenq currendy expends combined state funding oflcss than $300,000 and therefore is exemptfrom the SingleAudit Act and cannot charge audit COstS to a CJO~t. I undcmand, however, that CJD may require alimitedsco~ audit as defined in OMB CirCularA·133. adopted by reference inTexasAdministrative Code section 3.19(see also UGMS State SingleAudit).

EQUAL OPPORTUNITY PLAN (EEOP) CEImFICATIONQe6niti9¥

• Il:Pe I EndllEdueatiorWImedicaJlDOR-profit i.n.sdcudoalNadve American Tribe - cenificacioR required ("&nitial below); EEOP Hmrequited;

• IF II Epd\yOcher recipienlS rcceiYing more than $25,000, bue Rot more than $500,000 - ccrtiB.cacioR required (initial below);orpnizations must maintain EEOP OR file ror poaible audit ifme orpnizarion bas more than 50 employees; and

• ItPe III End\!' .For-profit entities and sare ancllocal~IS~ $500,000 or more - cettificariOR required (initial below); theOrpnizatiOR muse submit an. EEOP to Oftice ror Qril Rigtla (OCR) ror appronl.

(fygyr 9trll7liwEiDlI it, CI' III gr ll,lmdo '''fPC jrrM-fl. 6J/qwjnr;

___ I certiCy this orpnizatioll 11 a Type I Ead~ This enticywilli!!with the prohibitions against~OR in anyprogr.un or aetivicy (28 CPR § 42.203), is noe required to maintain an Employmcnr Opponunicy Plan, bue will comply withequal employment oppommicy propm pidelina ofthe Oepa.nmenc Heal~ and Human Serrices (28 CFR 42.302).

___ I certiCy this OrpAizatioll 11 & Type II EAcicy thatemployl'" thaA 50 people.This eRticywill comply with the prohibitionsapinst discrimination in ally propam or aaivicy (28 CFR S 42.203). but is not requUcd to mainraiA an. Equal EmploymentOppommiq Plan (28 CPR 42.301 n 1If). •

__I c:ertiCy this orpnizadoll 11 a Type D EAdty that employa SO or more peop'" This enticywill complywich che prohibitionsapinst discrimination in my propmor~ (28 CPR.S41.203). and bas fOOmi1arccl an equal employmene oppon:unicy program(28 CPR. t1.3O1n 1If). cbac isOIl. inme ol&ce of "' .. .

__I CIl'dfy tbiI o...._doe .. a1jpe mIAd~This entiq will comply widl me plObibidoas~ discrimination in anypropnor ICIi'rity (28 en t .f2.2O,).aaahufOrmulacecl an equal employmenc~propm (28 CPR.42.301 n SIll), thatwill be submicred to cbe08bfiarOrillUPa. 0..ofJUIdce Propams. DepuaIlIIHofJusdce. for appronl upon award ofagrant.

DEBARMENT CElamCA110NIftIN.,...;,/w."""*/1JN6.;,,-- '!IUS.()()(J, 1«nifJ tIN#(bIiIiM....,,..,riIuI.i«):_ ~y'submiaionorchis~.r.bat aeidier lbcapeUantapqnor iaprinci~uep'resendydebamd,~ded,p'roposed lOr debarmeof, clccIanU~e, or volunWilyexduaed tiom puticipacion ill ibis uaosaaion byany federala~eDt oraptcy. Ifl am UAUbIe coQ:nify:_ I am unible to eenitytheabovestatementandhaw aa:acbo:l an aplanadon to this application.

Sipaaare ofAurhodzccl 0fBdal

DAllAS COUNIY

-1_'Due

Document c&ic:dve daa::Cqo be up rq dUB JPP>

Applicmt Orpaizarion

12 ,.!!.-, 2000FROM

25

62

CERTIFIED AsSURANCES

Applican~must compl~e chis form.before they will receive SQte and/or federal fUnds. Recipiena ofstate and/or fedcn1 fUnds must fully undemand.;.ndcomply W'lth these ~wremencs. Failure to comply may rault in the withholding offunds. terrrWution ofcbc awud. or ocher sanaions.

FEDERAL ASSURANCES

T?e applicant hereby assures and a:rtiAes compliance with all federal SUtutes, regulations. policies. guidelines and requiremena. including OMBCucubn No. A-21. A-II O. A-122, A-128. A-87; Office ofJustice Programs (OJP) financial Regulations; Education Depa.ttment Gencr.a1 A.dn:Unistrative Regulations (EDGAR); £.0. 12372 and Uniform Administrative Requiremena for Grana and Cooperative Agreemena - 28 CfR. Part 66.Common Rule. that govern the application. acceptance and use offederal funds for chis projca. Also. the Appliant assures and certifies chat:

1. LEGAL MJIHQRrrY- It pouessc:s lcp1 authority to apply for the grant; chat a resolution. motion or similar action has been duly adopted orpassed as an official aet of the applicant's governing body. authorizing the filing of the application. including all under-standings and assurancescontained therein. and directing and authorizing the person identified as the official representative ofthe appliant to aet in conncaion with theapplication and to provide such additional information as may be requited.

2. DISPLACED PERSONS Itwill complywith requircmcntsofthe provisions ofthe Uniform Rdoc:ation.Assistanczand RAt PropertyAcquisitions(42 USC SS 4601- 46S5) whid1 provides for &ir and equicable ucaanczuofpersons dispbad as a result ofFedcral and Federally-wined prognms.

3. PQLmWACTJYJTY It will complywith provisions ofFederal lawwhich limit ccnain political activitiesofemployees ofa Scate or loa! unitofgoverM1a\t whose principal employment is inconncaion with an aaivity financed inwholcor in paR byFederal grana. (S USC S1501. et seq.)

4. FAIR WQRsrANQARDSAer Itwill complywith theminimum wage an~ .'1oUimum hours provisions ofcbc Fcdcra1 Fair Labor StandardsAe:t (29 USC §S 201 - 219) ifapplicable.

5. CQNEIJCT Qf INTQW It will establish safeguards co proh.ibit employ.- ttom usiDg thcit poIitioas for a purpose that is. or Jives theappeuance ofbeing mocivucd byadesire for privucpin for themselves or orhas. paniaWi.dytboIewithwhom theyhave &.miIy. busiDcss. or otherties.

6. EXAMINAlJON QF ty:CQW Itwill pvc thesponsoringapcyor the CompaoUerGcneml. duouchlAYauchorircd R:pA:SCnwivc, ac:a:uto and the riPe to examine all recorda. boob. papers. or documeDea rcIaced co theput.

7. COMPUANcgMlF UQllJUMf){IS Ie will complywiell all requiremena impoabycbc FcdeaItpoftSOMc IpDCYc:onceming spccia1requlremcr&a oflaw.ptop'l.ftl requUemeaa.1tld otheradm.i.ni.suariv requi.remems:.

8. EPA YJQLATJNG· fAQI mrrs It will enswe mac che &ciIides~ iea ownership, ... or~ which sba1l be utiliud. in theaa:omplisb.mmtofthe projectate D.OC Uscecl in the EmiroJUDCDCIl Pro"'nApcy. (£PAl) list of'V"aoladaa Faciliria.. aDd dw itwill notify theFederal pailCOl'apncyofche eee:apeofmycom.municl1:iol·£romd:r.e Direcmrofd:r.eEPAOfticeofPedmlAai'ridea iadic:IDas-a&cilicy to be usedin the project is under COnsideraciOR for lisdDa by thc EPA.

9. El"QQQ lNSJ,JRANg It will complywith thc ftood in.swance pwchaJe requlremcr&a ofScaion 101(-> ofthe flood Disaster Protcaionlu:.t(Ot. '0 USC 14(01). ThiuecbOft requins.Oft Inclafter Marc'h2. 1975. thepurchueofSoodi.nsuraaoe.incommunitiawhaesucb. insuranceis availableas I condition foune receipcofanyPtr:letalfinandalassistance for coAlUUGion oracqWsidon.~ for _in anyarca dwhad beenidenciSed by me Seaewy ofthe Dcparcmento£Houaina and Urban Dcwlopcnent ai....havirtlspeciallood hazards. The phnsc -Fedcn16na.ncial assisance- includes anyform ofloab.puc.ptIIUI)\ iAsurtncep.,menr. Nbut.subsidy.cliIucerIIIiIaace1olI4orpane.or anyother formofd.inJccor indincPcdcra1 wimnce.

10. HISTORIC PBPlBYAD()N- luriD Ulisnbe&deralp.ncoupaqin iea c:ompIiaMIwithSecdon 106ofrhe Narional Historic PracrvationAJ::l; of 1966. as ImeDdecl (16 USC 1 -470).~Order 11593. aaclthcAtchcoIopalaDdHistoricalP..-mionAcl of 1966. (16 USC S569&-1. «teet.) bt(a) coadciDcwida"ScutHilcoric Pracrvation Officer(SHPOroll_._of~ as I1CCIlIIIIYt to identifypropenielilteclmoreUaible fot iDd..ia..NuionlIlJcPclrofHiscoricPlac.nbacarelUb;.co.....dFecaCtee36.CfR.Patc800.8) bythedrit:y.aaclDOCif7ial_FedallfIIUOI'lf,IIIClof_aitalaof'aay...properdes.mdby(b).~withaUrequiNmcnaestablisbcdbr_Pedatl........,co&ftillor..........e6cauponlUC'h pcopenia.

11. COMPUAtfClf'llDll r.mn AtfLl<i'J,QQl$ -Ie will comply, mel__compIilaceolaUiDaabpuuea and concnaors. wiell theapplicablepeo,"of'1ide Iof_OauUbuICrimtConn aDd Sale ScreeD Itt.z of1961.-lIDIIIded.cheJcm:a,ileJUIdceand Ddinqucnq .Pn:vcncioAhr.Of"VIaimIofCrUDeAa.as 'PP109riacc; the proYiaioasof_currearcdidOIlofcbeOfBceofJuscicePtopams ranancialandAcIminitau:mlGaide'-Gnaa. WlOO.!: ucfallodMrappIicIbIe Ptdenllawr. ocdeD. ciIcuJus.or cquIadoas.

11. CQMPlJAtJClWQ1I COOl OED.D.IBAL BEGLUDQtlS - It will CDmpIy widl cbe peow'" of18 en applicable co FaDea andc:ooperatift........ iacludiaaPaft18.~ Reoriew Procedun; Paft20.CriaaiaIlJUldctIa&xmadoIlS~Pm 12. Contidau:ialicrofldeoa6ab'eR.uch and.StuiIdaI.~ Pare 23. CtiaairW 1mIIJi&c:at.e~()paariDaPolida;Pan30. IncapemmcnCllRl:riewof'I)epuaaeatof.fusdcePropm.tucl.~ Patc-42. NoDdbcrim;J'l'tiMl....EmploJ Opponu.aic)'PoIiciaandProcedwa;Put61. PlocIdu.NI fW ImpJemend...tbeN.....~PoIiqAa;PatcB.Soodplaiad,ft W......ProcICIionProccdura;andFcdenl laws or replacio_~coPecIlal.~DCP PIopmI.

13. NQNPI.SCIUMlNATION-A. Itwill compl" udall ics CDlIUICrOQwiIl.~ with _~~ of..OauUbuCrimc Comrol and Safe

SmeaAclof1968••allMlKled.(G usesm9(d). OC'VaaimsofCrimeAa(.~; 1"nleVI ofchecmJ.RipaAcrof1964.1S·""""'ed·ScczioIl504of'cbeR.alMIiaDonAaoEl97'.as•.",.....tSubcideA.1".Dof_~"V..~Aa:(ADA)(l990);TadelXoI..IcIucuioaAracadCNDaoll972;_Ap~Aa:of'l975tDepilrrmauofJustic:eN..Di.tc:rimiz2acioIl RepIadoaa.18 a:IlPutG.Subplnac. D. E.udCtaDd~oEJUIJIkle ..d"'OIl~clisaiminlriOll,18 CFR.Pate " &ncl Part". •

0tntimJ4J... 27

63Juvenae Accoontabtlity lneenti'.-e 6locX Grant Fund

B. In the event a fedenl or stUe ro~.or feden.l or stare ad.m.inistntive aF1CY~ a finding ofd.is<:riIn.i.nation afta adue proccss h~..ngon the grounds ofn~. rolor. rdlSton, national origin, sex, or disability~ a recipient of funds. the recipient will forwud a cooy ofthe finding to the Office for Civil Righa. Office of]wtice Programs. .

C. It will provide an Equal Employment Oppoetu..nity Program (EEOP) ifr~uired to maintain one, where the application is for S500.000otmore.

14. C~B~S -Itwill compl!~th the p~ovisions of the Coastal Barrier Resources Act (16 USC § 3501, ct seq.) which prohibits theexpenditure ofmOSt new Fedcnl funds W1thm the Wl.lts ofthe Coastal Barrier Resources S}'$tem.

15. SUPPlANJJNG pROHIBmON It will use funds to supplement cxi.stin& funds for program ac::tivities and may not replace (supplant) nonFederal funds that have been appropriated for the same purpose. The Applicant undemands that potential supplant:ing will be the subjca ofmonitoring and audit. Violations an result in a range of penalties. indudios suspension of Nture funds under this Program. suspension ordebarment from Federal grants, recoupment ofmonies provided under this gr.ant. and civil aneUor criminal penalties.

STATE ASSURANCES

Theappliantherebyassuresand c.erti.6escompliancewithall statestacuccs., regulations.. policies. guidelines. and requirements including the-Tide 1.Olapter3,oftheTcasAdminisuar:ivcCode.andtheUnifonnGra.ntManagc:mentScandardsCUGMS).asthcyrclatetotheapplication.acc:cpcanceandwcoffundsfor this projecc. Also. the appliant assures aM certilies we1. LEGAL MlIH0RU)'- It possesses legal authority in the State ofTecu to apply for the grant; thac a caolution. motion or similar action has been

dulyadopted or pused as an offic:ial aa ofthe applicant's governingbody. auchorizing the lillng ofthe applicarion. indudinc all understandings andassurances cona.ined chcrein. anddirectingand authorizing the person i<L=nri6cd as theoffidal repn:semaa:iYeofthe applicant to aa: in conneaion withthe applicarion and to provide such additional information as maybe required.

2. CQNFI.lct Of INTEBESI - It will establish safeguards to prohibit employftS &om usmc their positions for a pUlpO$C that is or give theappearance ofbeing motivated. byadesire Cor privatepin for themselves or ochers. panicWarly thosewithwhom theyhave &m.i1y. business. or otherties.

3. NONDISCBJMINAJ10N It will complywith all State and fcdcnl acuCel reladnt to nondiacrimi.nacioD.

4. :rAm-It~ complywith all State a.ad fedcnl cu: laws and an: solely raponsa'ble fOr filins all cequiced Seate and Federal tax forms.

S. GRANTAPMJNJmADQN It will maintain an appropriaeFIll' adminiRmion qstCID to enswedwall terms. conditioN a.ad spcciiicadons ofthepvtt. induding thesesanda.rd aaunaca.arc me.

6. EXAMJNATlQNQfUCORQS ItwillpchespoNOringapncyotcbc08iczofcheGovanot. cbroupanyaumorizcd.n:pracntative,1c:aIto a.ad chericbt to examine all records, boob..papen. or doo.ameaa·n:Wecl~..puc.

7. PUBU<;JNEQBMADQN It will auw. rhac all iftiOmwion coUeci.d..-.b1edormainaiaed by the~ relative to a projecc will beavailable to the public dunn, normal busiDea hows in compliaAce wich T..Gm=rnmeAr Code. Olapcer 552. un1aI ocb.enrise expresslyprohibiccd byIa~

8. <;HUD surPQrr PAYMENTS It will comply wich Seaion 231.006.Tcaa FamilyCode. which prolUbia paymeAa to a penon who is inarrears on child support paymeaa.

9. SUSPECIEDQin.P AIUS£ Itwill complywich cheTCZlII FamilyCode. Secdo. 261.101 whidl cequira rcportinsofall suspected c:ases ofchild abuse to local lawen£on::emenuuthoricia lAd~meTCZlII Oepanmentof'Qi1clProuai,c lAdRquluoryScMces. GrantICI shall also en.swethat all ptop'llD person.ncl arc properlycnined lAd awue ofdUa require:aaK.

10. BJU.AIM.S- It will complywidaTau Go¥wD.mcac Code. Olapcer 513,by~ dw DO ofticer. emplo,er. or manber of the applicant'speminaboclyoroftbeappUc:ant\coacnaorahall 'VOltorCOA6rmcheemp&o,memoflllJ'peIICMln.JaccdwichincheMCDUdcpcofaffinityorthethircl"'ofCO~~lIrflllllDberof'-"""boclror~uyocblrolbror"""'lUIboda:d~emplOYorsupervitesuch penon.ThisprohibirionsbaU DOCprobibitche~ oEa paron 'fWho sbaI1 haft"-CIOacitaaouIly~fOrapcriodoEr.woJ"UIt orsuch otbcrperiochcipuJ_b,local_priorm_ .....orappouum.mofcheo8icw.cmpl...or.....bodyrncmbcrrelatcd to such person in theprobibicedckpe.

11. QPfliMf.ltJtJG'-1t_1ppIicaac.•a~entity. It will complywithTeas GcwenuncDc Code. Olapcer 551, which requires all,.uJat.IpICiIl.ClIW....of~bodiII~Mopen co cbepubliQ...,e.odIII••PNrideclbyJaworapeciScallypermitted in theTauO»oad:aJdoe.

12. Hf.ALTlLHUJrfANSf.IYImPJIlI.J<;SAEfJXQB UYfMOBCIMR«Agpfs;:r- Ifthe appl.ic:anc is health and humaA scmc:csap:y..pubIic..,0I'1aw.....~ic1lrillQDCcoacnawilhor..alicat. orpcnnicro_0WDII', opaamroradminis1:ruorofa&dlic.yifcbe....pamitOl'Cl&I'Cificaahat• ...-.ab,......a.ldu...I ..,orpublic.r.,.orlawcnfon:anau:agcacy.

13. lAYfNEOBCZMJNTAGRiCX Ifcheapplicaac is a lawcnbamcac..., b,TeasGcmnmeau Code. Qapccr 41 S. it willcomplywichaDrw.ldopcedbycbeTaatCoaDmilPoftOClLaw~os-SaadudtUlllEdncadOllpqrlUlACiroTauGovemmentCode,Chap. 415. or it mUit pnwide che ·Crimiaal Jusdce DmIioD widl a ClIII'dfic:adoahaa ..Teas CoauaillionOll Law Eafon:anent OfficerSca.nduds lAd Et.luc:adon chactheapaqil illme proc-ofadaimncClOmplt·...widl_ ruI& ,.

DALLAS COUN'IY DALLAS COUNlY JAIBG COllABORAIION",--,-lict--oc-'.-Otp-·~-o-jn---.·-.------------- PlOjecll'iM

LEE F. JACKSON, COUN1Y JUDGE

00c:wDcrsc~ dareley be up '9 tbp J'Ml

PrimeclNamt aod Tide 01AucbD_ 08icW

12 19 2000---1--1

flOM

s-......._.A·nfeorired 0IicW

12 19 2003--'---I-

TO

64 JuveruieAccountabiity incentive 8b:k Grant Fund

J A I B GCERTIFICATIONS FOR

PROGRAM PURPOSE A.R.EAs........... ~ .The applicant hereby assures~d certifies that the project will comply with the regulations, policies, guidelines,and requirements; including OMB Circulars A-87, COSt Principles for State, Local and Indian TribalGovernments, A-l02, Grants and Cooperative Agreements with Scate and Local Governments; and A-l33,Audits of States, Local Governments and Non-Profit Organizations; as they may relate to the application,acceptance and use of funds for this project.

Cbeck the a~~Ucabh~ box;CJ In accordance with federal law, the grantee. ~ures that not less than 45% of the funds received

under this grant will be expended for purpose areas three through nine Stateq. below and not lessthan 35% will be expended for purpose areas one, twO, and ten. The remaining 200/0 will be spenton any combination of the remaining purpose areas.

cg In accordance with federal law, the grantee certifies that the interest of public safety and juvenilecrime conuol would be better served by expending funds in a proportion other than the 45% and35% minimums. Please provide justification concerning the availability of exi.sting suuccures orinitiative:s to meet loal needs in federally-prescribed purpose areas. State the reasons for the alternativeuse of funds.

Pm~PwpMeAmu .1. Building, expanding, renovating, or operating temporuy or permanent juvenile correction or detention

facilities. including training of correctional personnel .2. Developing and administering accountability-based. sanctions for juvenile offenders.3. Hiring additional juvenile judges. probation officers, and courc-appointccldefenders, and funding pretrial

services for juveniles to ensure the smooth and expeditious aclmirUsuation of the juvenile justice system.4. Hiring additional prosecutors so that more cases involving violent juvenile offenders can be prosecuted.5. Providing funding to enable prolCCUtors to address chug, gang, and youth violence problems more

effee:tively.6. Providingfunding for technology, equipment, and training to assist prosecutors in identifying and expediting

the prosecution of violent juvenile offenders. .7. Providing funding to enable juvenile courtS and juvcnlle probation departments to be more effective and

efficient in holding juvenile ofFendI:ra accountable and reducing rccidMsm.8. The establishment of courc-basedjuveni1e.justice programs f.hat tarF young &rearms offenders through

the establishment ofjuvenilepcounsforthc acljuclic:ationand prosecution ofjuvenile firearms offenders.9. The establishment of drug court propams for juveni1c:s as to provide continuing judicial supervision

over juvenile offendea with subscu.ce. abuse problems and to provide the integrated aclminisaation ofother saactiORS and scniceI.

10. Establishing and maintaining.intaapnc:y informatioa--sbaring programs that enable the juvenile andcriminal justice SJ$taDS, schools, and social service ageacia to make. more informed decisions rep.rdingthe early identification. controL supervision. and treatment of juveni1eswho repeatedly commit seriousdelinquent or criminal aces.

11. Establishing and maintaining accountability-based programs that work with juvenile offenders who arcreferral by law enforcement apncies.or which are designed in cooperacioa with Jaw enforcement officials,to protect students and schoolpersonnelftom chug. pac. and youth violence.

12. Implementing a polley ofconuollcdsubstancc abuse testing for appropriate categories of juveniles withinthe juvenile justice system.

Signature of Authorized Official Date 35

65

DALLAS COUNTYPURCHASING DEPARTMENT

/ ",",' '- ,\ 1

P;'l I: 21INFORMATiONAL BRIEFING

December 12, 2000

TO:

FROM:

SUBJECT:

The Honorable Commissioners Court

Gloria McCulloch-Webb, Purchasing Analyst

Sole Source Purchase from IBM Corporation for Dallas County Community Supervision andCorrections Department

BACKGROUNDIISSUE

The Dallas County Community Supervision and Corrections Department has submitted a request to the PurchasingDepartment for the purchase of additional hardware and software to upgrade their existing IBM AS/400 mainframesystem.

Previously, Dallas County Commissioners Court has authorized the purchase of additional hardware and softwaredirectly from ffiM Corporation with Court Orders 92-1212,95-1253,96-1889,96-2412 and 98-1361 for Dallas CountyCommunity Supervision and Corrections Department.

The Dallas County Commissioners Court decided in August 1999 they would no longer approve the award, purchaseand renewal/extension of Community Supervision and Corrections Department bidsIRFPs, sole sources, which aresolely utilized by CSCD, or issue court orders due to the fact the Commissioners Court has no jurisdiction on how bidsor proposals are monitored, evaluated or awarded by CSCD.

Therefore, Community Supervision and Corrections Department hereby notifies the Dallas County CommissionersCourt of their intention to purchase additional hardware and software to upgrade their existing ffiM AS/400 MainframeSystem and all contracts and maintenance agreements connected with this purchase will be signed directly DallasCounty Community Supervision and Corrections Department.

FINANCIAL IMPACf

The State ofTexas will provide funding for this purchase.

509 Main 51. (Records BldgJ6th. Floor, Room 623

Dallas, Texas 75202 (214) 653-7431

66

November 15, 2000

Mr. Jim HarmanDallas CountyCommunity Supervision and Corrections Department133 N. Industrial Blvd.Dallas. Texas 75207

Dear Jim,

_-... - ---_ .....- ----=- -~- ~ -~-- .. - -----_._----- ~-

P () Box 81905-1-

Do lias, TX 75381 905-1,

Thank you for your continued business with IBM. Per our discussion, IBM Corporation willbe the sole source vendor for the following purchase:

Description

1) 9406-720/2063/1503 AS/400e ServerCPW=810/240;Memory=4352MB;Disk=111GB

List Price ,Discounted1 Price

$303,685 $258,133

2) 7852-402 - ECS Modem3) Feature #4317 (Qty-8) disk drives (tower)4) Features #6817 (qty-15) and #7128 (qty-2) Additional Disk for

9406-720 (internal)5) 3490-F01 Tape Drive6) Tape cartridge- 4GB, 1/4" for 9406l490HM7) Features #2688, #5072, #$073 • Migrated Tower Conversions8) 5769·RG1· RPG Compiler9) Hardware Migration Services - see Statement of Work10) Operations Console Services11) Software.Migration Services -see StCltement of Work

TOTAL

Sincerely,

£)~Dawn Castleberry ~IBM AS/400 Sales Specialist1605 LBJ Freeway 7th Floor Maildrop 7040Dallas, Texas 75234(972) 280·5262(972) 280-5709 - Fax

$525$11,200$22,700

$22,500$1,300$6,500

$14,400$1,880

$940$7,600

$447$9,520

$19,295

$18,000$1,105$5,525

$12,240$1,880

$940$7,600

$334,685

DALL.-\.S COl1"NTYPURCHASING DEPARTMENT

December 12, 2000

67- I

• f i

00 DEC -6 PH I: 27

TO:FROM:SUBJECT:

The Honorable Commissioners CourtLinda Boles, Purchasing AnalystAnnual Contract for Dishwashing Chemicals, Dispensing System & Related Services,Bid #2000-027-229

BackgroundlIssueOn December 21, 1999, the Commissioners Court awarded the aforementioned contract to Diversey Lever(formerly knmVIl as AmeriClean Systems) for the period of December 21, 1999 through December 20, 2000.The contract provides dishwashing chemicals, equipment and consultant services for the Sheriff's Cook Chill

and West Tower kitchen facilities. In accordance with contract terms and upon mutual agreement, thecontract may be extended for an additional twelve month period based on the existing terms, conditions andpricing. As a result of Diversey Lever's compliance with contract specifications, tb~ Sheriff's Departn~~nt

requests that the County exercise the twelve month extension option contained within Bid #2000-027-229.

Diversey Lever has agreed to extend the contract for dishwashing services in accordance with the existingterms, conditions and pricing set forth and awarded. (see attached).

The proposal submitted by Diversey Lever reflects an average savings of between 2-3.5% when compared tothe remaining bidder's proposals. Historically, Dallas County has experienced increases in contracts whena proposal is re-solicited. Therefore, the extension is recommended.

FinafUYigllmpootThe contract is based on a cost per meal per person of $0.00314. Consequently, should the CommissionersCourt concur with extending Bid #2000-027-229 for an additional twelve month period and based a yearlyaverage number of meals of 9,497,712 (791,476/month), it is anticipated that Dallas County will incurannual expenditures totaling approximately $29,822.82.

RecommendationIn accordance with the terms and conditions set forth in Bid#2000-027-229, the Purchasing and Sheriff'sDepartments recommend that the Annual Contract for Dishwashing Chemicals, Dispensing System &Related System as awarded to Diversey Lever be extended for an additional twelve month period based onthe terms, conditions and pricing set forth and awarded, effective December 21, 2000 through December 20,2001 at an estimated annual cost of $29,822.82

Should the Court concur with this recommendation, a Court Order will be scheduled for the December 19,2000 Formal Agenda.

Recommended for Approval by:

C: Capt. Daberko, Sheriff's Dept. (Cook Chill)

68

DALLAS COUNTYPURCHASING DEPARTMENT

DATE: October 19,2000

TO: Capt. Daberko, SheriffDept. (Cook ChiU)

FROM: Linda Bole~ Purchasing Analyst

SUBJECT: Annual Contract for Dishwashing Chemicals, Dispensing System, &. Related ServicesBid #2000..027..229

The aforementioned contract, as awarded to AmeriClean S"ystems is due to expire on 12/JO/00. Asthe Contract Manaaer, the specifications are attaehed for your review. Please~~1 esl;aJ1atedquantities and make any revisions to the terms, conditions anellor general requirements.

'.Please return this fonn (signed) and all revisions to the contract to.the Purchasing Department" no .. ~later than Nomnb.er 3.2OQQ •

a. Services currently performed by the Contractor is in compHanee with contractrequirements. As a result of the contract extension option contained within the bidspecifications.<thisdepartment requeststhat thecontrlotbeexteDdedforanadditionaltwelve month period.

REPLY: Upon review ofSolicitation # 2000-027-229: (Check one)

I

____ b. Revisions are required and have been made (see attached).

____ c. Revisions are Dot required. However, we request that. the contraet be re-soliciteddue to thefoUowiqreasons: _

____ d. The serviceslproducucontained within this contract are no longer utiliad by thisdepartmeat

Additional Comments:, _

s~~ _

813 Rlcorda Bldg., 8th Froor "..Dallas. Texas 75202 (214) 653·7431

£O'd 6S:11 000l S AON

QDiverseyLever

November 15,2000

Ms. Linda BolesContract AnalystDallas CountyPurchasing Department613 Records Bldg., 6th FloorDallas, TX 75202

Dear Ms. Boles:

69

DlverseyLever

First Center Office Plaza

26935 Northwestern Hwy., Ste 400

Southftetd. MI 48034-8449

. In response to your letter ofNovember 10,2000, we agree to extend Bid#2000-027-229Annual Contract for Dishwashing Chemicals, Dispensing System and Related Servicesfor an additional twelve (12) month period.

Enclosed you will find an EEO1 form for your reference. Should you require furtherinformation or have any questions please contact me.

Sincerely,

UJ~8'~Edward J. SeidlDirector, Contract Management

EJS/ppenclosure

. '. ~ " - ;.;..,: '.

;: t ;; ....

SECT10N E • ESTABUSHMENT INFORMAnONI. 8741 MANAGEMENT SERVICES

SECI10N C· TEST FOR FILING REQUIREMENT

1• Y 2· N 3· Y DUNS NO.: 941<CS4639

FEB 2 J 2000OAKLAND

1999 EMPLOYER INFORMATION REPORT eeo-1

UNIT REPORT· TYPB 9. ~n ,'A .... " Mr-i"".,",' .""',.....---

2... DIVBRSEY LEVER INC AMERlCl..BAN26935 NORnlWESTERN HWYSOIJ11lFlELDNI ..8034

b. EI- 62·1631875

SECIlON 8·COMPANY IDENTIftCAnON

OIVERSEY LEVEll INC

1. 1....96 SHELDON ROAD. SUITE 210

PLYNOUIlf

MI.170

SIC..- .,41

c. Y (WAS AN EEO-I REPORT FILED fOR

THIS ESTABUSHMENT LAST YEAR?)

2. NAICS: 561110561110

SECTION D· EMPLOYMENT DATA

TOTAL •••.••••• ···MALE.............. ··············FEMAlE _••••••• _-.-.JOB CATEGORIES 8-1< (8) (e) (D) (E) (f) (G) (H) (I) (J) (K)

OffICIALS ANDMANAOBRS •••.••.•••••••.•.••• (1) 2S 13 1 0 I 0 10 0 0 0 0•PROFESSIONALS ••••••...•••.•••••••.•••••.••• (2) IS 7 0 0 2 0 S I 0 0 0•

Ta:HN1aANS .•..••.........................• (3) I 0 0 1 0 0 0 0 0 0 0

SAW WOIUC.EltS .••.••.•...••..•.•••...•••••. (4) 0 0 0 0 0 0 0 0 0 0 0

OFFICB ANDCLERICAL ....•.•..••..••.•.••.••• (5) Sl 4 3 0 0 0 32 11 1 0 0CRAfT WORKERS (SKILLED) .................... (6) 0 0 0 0 0 0 0 0 0 0 0

OPERAnvES (SlNI-SKlu..ED) •.••..•.•.••.•.•... (7) 0 0 0 0 0 0 0 0 0 0 0

~~~LlJD» .•.............•....... (8) 0 0 0 0 0 0 0 0 0 0 0

sEltvlCe~~ ............................ (9) 0 0 0 0 0 0 0 0 0 0 0

TOTAL (10) 92 24 .. I 3 0 47 12 1 0 0

PREVIOUS REPORT TOTAL (11) 0 0 0 0 0 0 0 0 0 0 0

-.lQ

• OlHER QUESTIONS •

1•OWln99911tRU 0II1511999(DATE(S) OF PAYROlJ.. PEltiOD USED)

2· N(DOeS 1HIS ESTABUSHMENT EMPLOY APPR.ENTJCES'1)

• SECTION - F REMARKS·A..ncIcu S,..., IDe. wulcpUy CGIIIOIidIfcd wilb DiYCIICYLcvcr c&caivc 411199. AmcricICIn SysfCaII, Inc:. prior FEIN DUmber wu 38·3281202.

DIVERSEY LEVER INC AMERICLEAN

III1IIIIINewT,,..,

DALLAS COC'NTY

PURCHASING DEPARTMENT

December 12, 2000

71.(

~ :"' ~. J, ...., T'

'~. \ .... - 'J I • !

CO DEC - 6 PH I: 27

TO:FROM:SUBJECT:

The Honorable Commissioners CourtLinda Boles, Purchasing AnalystAnnual Contract for Laundry Chemicals, Equipment & Services, Bid #2000-035-240

Background/IssueOn December 14, 1999, the Commissioners Court awarded the aforementioned contract to ZepManufacturing Co. for the period of December 15, 1999 through December 14, 2000. The contract provideslaundry chemicals, equipment and consultant services for the Sheriff's laundry facility @ Cook Chill. Inaccordance with contract terms and upon mutual agreement, the contract may be extended for an additionaltwelve month period based on the existing terms, conditions and pricing. As a result of Zep's compliance \\-;thcontract specifications, the Sheriff's Department requests that the County exercise the twelve monthextension option contained within Bid #200C "35-240.

Zep Mfg. Co. has agreed to extend the contract for laundry services in accordance with the existing terms,conditions and pricing set forth and awarded. (see attached).

The proposal submitted by Zep Mfg. Co. reflects a savings of 58.6% when compared to the remainingbidder's proposal. Historically, Dallas County has experienced increases in contracts when a proposal is resolicited. Therefore, the extension is recommended.

Financial ImpaefBased on payment records, it is anticipated that Dallas County will incur annual expenditures totalingapproximately $41,300.00 based on services provided under this contract.

RecommenaaltoftIn accordance with the terms and conditions set forth in Bid#2000-035-240, the Purchasing and Sheriff'sDepartments recommend that the Annual Contract for Laundry Chemicals, Equipment and & RelatedServices as awarded to Zep Mfg. Co. be extended for an additional twelve month period based on the terms,conditions and pricing set forth and awarded, effective December 15, 2000 through December 14, 2001 atan estimated annual east of $41,300.00.

Should the Court concur with this recommendation, a Court Order will be scheduled for the December 19,2000 Formal Agenda.

Recommended for Approval by:

C: Capt. Daberko, Sheriff's Dept. (Cook Chill)

c 72

"DALLAS COUNTYPURCHASING DEPARTMENT

DATE: October 19, 2000

TO: Capt. Daberko, SheriffDept. (Cook Chill)

FROM: Linda Boles, Purchasing Analyst

SUBJECT: Annual Contract for Laundry Chemicals, Equipment and ServicesBid #2000-035-240

The aforementioned contract, as awarded to Zep Mfg. Co. is due to expire on 12/14/00. As theContract Manager, the specifications are attached for your review. Please update all estimatedquantities and make any revisions to the terms, conc.l;tions and/or general requirements.

••Please return this form (signed) and all revisions to the contract to the Purchasing Department nolater than November 3,2000

a. Services currently performed by the Contractor is in compliance with contractrequirements. As a result of the contract extension option contained within the bidspecifications, this department requests that the contract be extended for an additionaltwelve month period.

REPLY: Upon review of Solicitation # 2000-035-240: (Check one)

/

____ b. Revisions are required and have been made (see attached).

____ c. Revisions are not required. However, we request that the contract be re-solicitedduetothefollowingreasons:. _

____ d. The services/products contained within this contract are no longer utilized by thisdepartment

Additional Comments:, _

613 Records Bldg., 6th Floor Dallas, Texas 75202 (214) 653-7431

ZEP. MANUFACTURING COMPANY525 Centre Pork Blvd.Post 01flceBox~Desoto. Texas 1512S(972) 228-3388

11/17/00

Ms. Linda BolesContract AnalystDallas County Purchasing Dept.613 Records Bldg., 6tb FloorDallas, Tx. 76202

73P.t

Re: Annual Contract for Laundry Chemicals, Equip. , 8t Services, Bid #2000-035-240

Dear Ms. Boles:

We appreciate your asking us to again service this bid. Therefore, we agree to extend thereferenced contract for an.additional 12 months based on the previous tcrmsandconditions.

The EEO1 form is enclosed.

Sincerely,

Ken McCartyBranch Manager

FirllinMeintlnlnoe PI'OducII

(;1 ~AN AI'ZMRS AMe",CA UNIT OF NATIONAL SERVICE INDusTRIES. INC.

CO.El2.)]O-(i'1-0'8'93-1

S1C-S1."

BQOAL BMPLOYl4EHT OPPOR'J'tlRrrY2000 BMPLOYBR lHi'OlUIA'l"IOH IlBPORT BBO-l

PAGS 1

SBCTIOIlI D - DlPLO~ M'1"A

'lOTAL ....**........ HALB ......**••••• *•••••***.* 'P'BMALB ••"'*....**.JOB CA1:IIGORlBS B-1( (8) (C) (D) (E) (1') (G) (B) (I) (J) (It)

OPFICIALS AND tI1\USIRS. • • •• (1) 121 103 3 0 1 1. 1.0 2. 0 0 0~~SZ~ •••••.•••••••• (2) 227 141 2., 2 5 0 37 10 3 2 0"11IClDJI~. • • •• • • • ••• • • ••• (3) 1.0 5 t 0 0 0 1. 0 0 o . 0S&L8S HOakSRS•••••.•••••••• (4) U:::J4 1.131 2.6 2.8 3 2 138 5 0 1 0omes J\lIID·CLERICNa•••.•••• (5) 265 8 3 0 0 0 158 28 , 0 2.cDFr ..DAB (SULLIiD) •••• (6) 33 2. 8 0 1 0 0 0 0 0 0OPElU\TIVES ISBHI- SJULLBD) •• ('7) 187 42 129 1 2. 1 1. 1.1 0 0 0LABOasaB (~.ILLBD) •••.••• (8) 210 91 88 '7 2 1 1 20 0 1. 0SBRYXCI WORKBaS ••••.•..•••• (9) 0 0 0 0 0 0 0 0 0 0 0

'lOI'AL (10) 232.6 1.St5 288 38 .l.4 5 3.5 ." 9 4 2

PaBV10US RSPOaTBD "tOJ'AL (1.1) 0 0 0 0 0 0 0 0 0 0 0

....BER. OF REPORTS l"'I.LBD -035

SECT.tOH 'B - COHP.MIY JJa'.nFICATIOH

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76DALLAS COUNTY :; rr'- -. -I ,'.. r

ENGINEERING AND PROJECT MANAGEMENT . ~ - .

00 0EC- 5 rr1 2: 2e

December 12, 2000

TO:

FROM:

THROUGH:

SUBJECT:

Commissioners Court

Bernard E. Blanton ~

Dan Savage, Assistant Administrator for Operations

Fire Equipment Storage Building, Bid No. 2000-069-325

BACKGROUND:Court Order No. 2000-504

Court Order No. 2000-1576Court Order No. 2000-1575

03/07/00

08/08/0008/08/00

Authorized the award of a construction contract withTriple R General Contractors.Change Order No.1: ConsU'UctionCity of Dallas protected tree mitigation.

IMPACT/OPERATION: The following proposal to be added to the construction contract at the request of the DallasCounty Fire Marshall.

CHANGE ORDER NO. 2 COST2.1 Construct approximately 2,240 SF ofreinforced concrete paving for

additional parking within the existing Dallas County property linesand construction site at the rear of the existing fire station building. ADD ~

TOTAL: CHANGE ORDER NO.2 $8,960

Q

o

LEGAL: The work shall be accomplished in conformance with applicable building codes and contract requirements.

MJWBE INFORMATION: Triple R General Contractors is a certified (NCTRCA) minority prime contractor.

FINANCIAL IMPACT: The total cost added to the construction contract for Change Order No.2 is $8,960.

Original Contract AmountPrevious Change OrderTotal Contract to DateChange Order No.2Revised Contract Amount

$152,4079,356

161,7638.960

$170,723

As a result of this Change Order No.2, no additional calendar days are added to the construction contract. The revisedcontract completion date shall remain unchanged. The Budget Office advises that funding for Change Order No.2 for $8,960,is available in Fund 126 (Pennanent Improvements), Year 2001 (FY2oo1) based on underutilized funds after completion ofthe Cook Chill Phase II Roof Replacement project.

RECOMMENDATION: Engineering & Project Management recommends that the Commissioners Court authorize ChangeOrder No.2 in the amount of $8,960 to the construction contract with Triple R General Contractors and the County Judge tosign on behalfof Dallas County.

Dan Savage, Assistant Ad istntor Opentions

George L. Allen Sr. Courts Building600 Commerce St., 9· Floor, Suite 900 Dallas, Texas 75202-6633

Tel: 214-653-6728Fax: 214-653-6729

DALLAS COUNTYCHANGE ORDER NO.2Date: December 19,2000

77

DALLAS COUNTY FIRE EQUIPMENT BUILDINGBID NO. 2000-069-325

Original Contract AmountTotal Amount Previous Change OrdersRevised Contract Amount To DateTotal Amount this Change Order No.2Total Revised Contract Amount

$$$$$

152,407.009,356.00

161,763.008,960.00

170,724,go

All terms and conditions of this contract remain the same except as noted below.Th~ contract is changed as follows

CHANGE ORDER NO.2 COST DAYS2.1 Construct approximately 2,240 SF of reinforced concrete paving for

additional parking within the existing Dallas County property linesand construction site at the rear of the existing fire station building. ADD $8,960 Q

TOTAL: CHANGE ORDER NO.2 $8,960 o

The date/or substantial completion as established in Change Order No.1 remains unchanged.

OWNERDALLAS COUNTY600 Commerce St. 9th FloorDallas, Texas 75202

Lee F. Jackson, County Judge

Date

fisG

CONTRACTORTRIPLE R GENERALCONTRACTORS, INC.P.O. Box 4816Dallas, Texas 75208

Talanna Reyes, President

Date

78DALLAS COUNTY MAJOR PROJECTS REVlEW

PROJECT NAME IRESPONSIBLE DEPARTMENTFire Equipment Building Engineering & Project Management

PROJECT MANAGER DATE OF REPORTBemie Blanton December 5, 2000

PROJECT DESCRIPTION FUND/ACCOUNTConstruct 4200 + SF pre-engineered building for fire fighting equipment 00423.0000.08130.1999.0000.70116

BRIEFING DATE COURT ORDER DATESept 3,1998 C.O. No. 99-1789, Sept 15, 1998

A&E FIRM/AWARD DATEJohnson/McKibben Architects, lne. C.O. No. 99-767, April 20, 1999

CONTRACTOR/AWARD DATETriple R Generat Contractors, lne. C.O. No. 2000-504 March 07,2000

FUNDING SOURCEJS~

1998 Certificate of ObUgation @ $120,000.

PROJECT COSTOriginal Estimate $120,000 Date: Sept. 1998Modified Estimate $210,040 Date: July 1999Modified Estimate Date:Current Estimate $165,625 Date: Noy. 1999

Current Estimate $193,775 Date: July 2000

SCHEDULING Planned Current Delay (days)Start Date August 1999 June 2000 180 daysCompletion Date December 1999 January 2001 420 days

USES OF FUNDS Original Budget Current Budget DifferenceArchitect/Engineer $15,625 $23,340 ($7,715)Construction Contractor $104,375 $161,763 ($57,388)Other $8,672 ($8,672)Equipment

Subtotal $120,000 $193,715 ($73,775)

In-House LaborMaterialsMiscellaneous

Total $120,000 $193,775 ($73,775)MINORITY CONTRACTING Planned NOTE: AlE Firm and Contractor are

Minorityp~ (,.) 100% MWBE CertiftedMinoritYP",ItIon(S) $193.715

COMMENTSBuilding permit issued in July 2000 by City of Dallas. City of Dallas to ins.tall a fire hydrant.Construction started July 10, 2000.Building construction held in abeyance pending scheduled date from City of Dallas for firehYdrant installation. 1.7

79

00 DEC -S AN II: l+ 1

DALLAS COUNTYPUBLIC WORKS

November 30, 2000

MEMORANDUM

TO: Commissioners Court

THROUGH: Commissioner Jim JacksonRoad and Bridge District No. 1

FROM: Donald R. Holzva..rh, P.E.Director ofPublic Works

SUBJECT: Survey Services for Preston Ridge TraDProject 90125

BACKGROUND

The Preston Ridge Trail will be a multi-leg Trail. The main leg will proceed within existing TXUROW from McCallum Blvd. and proceed southerly to Beltline, east to Spring Creek, and then southto Haymeadow Circle. The second leg of the Trail will start at Meandering Way and Proceed alongTXU ROW west to Davenport, paralleling Brentfield. The third leg will proceed easterly fromMeandering Way along Campbell to Coit Road. Total length ofthe Trail will be five and one·halfmiles.

So that the design work on this Trail can begin, it is necessary to have the proposed corridorsurveyed.

IMPACT ON OPERATl2ms

Since Public Works no longer has in-house survey capabilities, Staffproposes that the County useits Indefinite Delivery Contract with Dal-Tech Engineering, Inc. to provide survey services for thisproject.

The City ofDallas will enter into a usellicense asreement with TXU. The Trail will be owned andmaintained by the City of Dallas and will be acknowledged as a component of the Dallas CountyTrail System.

80

PROJECT SCHEDULE

It is estimated that the required survey services will be completed in about two months. Tentativedesign completion is set for Spring 2001 and construction could start early Fall 2001.

MlWBE PARTICIPATION

Dal-Tech Engineering, Inc. is a certified Minority/Women Owned Enterprise.

FINANCIAL IMPACT

Dal-Tech Engineering, Inc. proposes to perfonn the needed surveying for $38,234. At this presenttime, there are no FY2001 funds available for preliminary surveying on this project since it wasoriginally hoped that in-house crews could perfonn the surveying. However, $1.35 million isincluded in the FY2002 CIP for this project. So that this project can proceed, Staffwould proposethat the $38,234 be provided from the Capital Development Funds FY200i unallocated reserve andthat the FY2002 appropriation for this project be reduced by a like amount.

RECOMMENDATION

It is recommended by the Public Works Department that a Work Order be issued to Dal-TechEngineering, Inc. and a sum, not to exceed $38,234.00, be authorized to facilitate the establishmentof a horizontal alignment for the Preston Ridge Trail with payment to be made from the MAJORCAPITAL DEVELOPMENT FUND, LAND AQUISmON, FY2001, PARKS AND OPEN SPACE00196.0000.08010.2001.90125.00000.0000

Attachments

APPROVED BY

QQQ~'~Donald R. Holzworth:P.~.Director ofPublic Works

~""ABR,RAL,MBP,DWK~ !Wt.-

CC: Phil Scheps, Budget Officer

11/1'/2188 18: 13 'i"l2211M71481 Pt1lIlIE. II'.

-D (I.. .

~ENGINEERINGe INC.

DCONSULilNG CIVIL ENGINEERS I SURVEVORS

CO~STAucnON MANAGERS

November 9) 2000VIA FAX (214) 653·6416

l\1r. Doug Keesey, P.E.Project EngineerDallas County Public Works411 Elm Street, 4Cb FloorDallas, Texas 75202

0: 5.5 Miles of Trail, MeaaderiD. Way Open Spate within TXU Ript-of-WayDTE Job No. 0055

Dear Mr. Keesey:

DAL-TECH Engineerin& Inc. is pleased to submit a Budget Proposal, along with a Scope ofServices to provide the swvey requirement discussed between yourseJ£and Mr. Don Howard,from our office regarding the subject project as follows:

PROJECT SCOPE OF SERVICESa. VenicaJ and horizontal control, to tie into existing City ofDalJas monumentsb. Survey generally on the east and south sides ofTXU Right-of-Way between

existing residential alley and tower, to also include outer leg oftowers.c. Survey 2S feet either side of street intersectionsd. r alee additional shots where topography warrants, identifY and tie aU major trees

(3" caliper and above) within SO feet oftbe trail.e. Survey traverse controls to be marked for future use.

PROJECT DELIVERABLEa. Submit completed survey in electronic files and GEOPAK formatb. Provide hard copies ofall field notes and sketchesc. Provide electronic files and hard copies ofraw data and coordinates

PROJECT B1JDGETWe recommend a project budget ofS31,2M.81 be established to complete this survey perthe following calculations.

P:\()OSS\Pr~wayftdpt prvpoeaJ.kIeIey.doo

17311 DALLAS PKWT I ITE 21. I DALLAS, TI 75241 I '12-258-2121 I FAX 172·25.·..774222 W. EXCHANGE I FT. WORTH, TX 76101 I 817-626-8777 I FAX 817·628·5711

webmasterOdaHech.com

11/16/~060 16:13 972258477482

PAGE 62/83

We can commence this survey within five (5) working days of receipt of your writtenauthorization to proceed and anticipate the survey can be completed within thirty (30) workingdays.

We look forward to working with you on this project. Please advise if you have any questions.

Sincerely,DAL-TECH Engineering, Inc.

It?· ') ~- .

Sedi A. Toumani, P.E.PresidentSAT/dkj

Attachment

11/18/2888 18:13 97:2584774

83

DALLAS COtJ!'.-lY DEPART?vfENT OF PUBLIC WORKSTOPOGRAPHlCS~~VEY

ESTIMATED PROFESSIONALFEES

~1EA..'IDERING WAY TRAIL

p~ 83/83

Three-Man Field PartyRPLSPrincipalSurvey CoordinatorSurvey TechnicianCAD TechnicianComputer

160 Hrs @ $128.00

40 Hrs @ 5 93.0024 Hrs @S155.0030 Hrs @ $ 97.0024 Hrs @ S 56.0060 Hes @ S 81.0040 Hrs @$ 30.00

TOTAL

BUDGET

$20,480.00

53,720.00$3,720.00

$2,910.0051,344.00$4,860.00$1,200.00

$38,234.00

$38,234.00

DALLAS COUNTYPUBLIC WORKS

84

\. :- l'-~ I ,_r_ ';

ooc:::c-s PH 3:59December 6, 2000

MEMORANDUM:

TO: Commissioners Court

FROM: Selas Camarillo, P.E., R.P.L.S. #'Assistant Director - Property Division

SUBJECT: Tax Foreclosure Property - 140 Banks Drive, NT (Lot 64, Dollars Addn)

BACKGROUND

Commissioners Court Order 2000-2351 dated November 21,2000, granted an exception to the County TaxForeclosure Resale Policy allowing the debtor/previous owner, Doris EafOil, the opportunity to "buy-back"the tax foreclosed property at 140 Banks in Sandbranch at the judgment amount of$3,325.76. Ms. Eafonwas appreciative of the opportunity to buy back the property, but explained that she is not able to pay theentire judgment amount within the 30 days as requested by the Commissioners Court. Ms. Eafon isrequesting the Commissioners Court's consideration in the payment plan below.

FINANCIAL IMPACf

Down Payment (upon acceptance ofplan)December, 2000January, 2001February 29,2001 - Balance

JUOOMENT AMOUNT

RECOMMENDATION

$3,325.76PAYMENTS$1,000.00$ 200.00$ 200.00$1,925.76

BALANCE$2,325.76$2,125.76$1,925.76$0.00

The Director ofPublic Worb recommends.that the Conunissioners Court: (1) accept the payment plan proposedherein by the debtor and defer eviction of the debtor of the tax foreclosed property at 140 Banks, until afterFebrwuy 29, 200 I, and (2) authorize the District Attorney's Office to initiate formal eviction action through theJustice ofthe Peace Courts in theew:nt the previous owner does not pay the full judgment amount of$3,325.76by February 29,2001.

Ifthe Commissioners Court is in agreement, a court order authorizing the matter above will be placed on the nextregular agenda.

APPROVED BY:

QQLtJI01Donald R. Holzwa.rth, P.E.Director ofPublic Works

'J1.9.pAE:pe\SC\J MyOocumen1s:ldtaxlBanks Pymt Plan Brf

xc: John Dahill, Assistant District Attorney's Office, Civil SectionDavid Childs, Tax Assessor/CoUector

411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151

85

~. f., ",.-. '"

; ..... _1 .... , \'

MEMORANDUM

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Commissioner Kenneth A. Mayfiel<L District No.4//

Selas Camarillo, P.E., R.P.L.S. ..tI//Assistant Director - Property Di~~n

Request for Utility and Slope Easement across Fish Creek Preserve, Grand Prairie

BACK<:.ROUND

Commissioners Court Order No. 2000-2072 dated October 3,2000, authorized the execution of thesubject Utility Easement to the City of Grand Prairie. This matter is being re-briefed to incorporateamendments in the Utility Easement as request¢ by the City of Grand Prairie (City). The amendmentsare related to sloping on the county property and tree replacement requirements. The specificamendments are highlighted in the attached Easement.

The City is preparing to widen S. Carrier Parkway from four to six lanes in the vicinity of the County'sFish Creek Preserve. There is an existing Utility Easement between the west edge of the County's37.4029-acre Fish Creek Preserve and the east side ofCarrier Parkway. The City is requesting a new 25foot easement, which will parallel the existing easement for relocation and maintenance of an existing 30inch water main. In addition to the need for the new 25-foot easement the City is requesting authorizationto utilize the easement for sloping associated with the widening ofS. Carrier Parkway. The City hasagreed to restore all disturbed areas ofFish Creek to the County's satisfaction. The proposed 25-footwide easement runs along the County's western property line and consists of approximately 7,405 squarefeet of land (0.170 acres).

The Dallas County Public Works Department (Engineering & Construction) and the Dallas County Parkand Open Administrator will be responsible for overseeing the construction of the drainage improvementswithin the preserve and will ensure that the work is accomplished to the satisfaction ofthe County.

IMPACf ON OPERATIONS

All requirements specified by the Park and Open Space Administrator have been incorporated into theattached Utility and Slope Easement.

FINANCIAL IMPACf

An appraisal has been prepared by the Public Works Department Appraisal staff, which establishes thefair market value of the permanent easement at $340.00. Administrative costs to prepare the appraisalreport were $1,842.00. The reimbursement due from the City is as follows:

Fair Market Value Appraisal: 0.170 Ac. x S4,OOO/Ac. x 50010 =Administrative Costs (Actual)

TOTAL COMPENSATION

$ 340.00$1.842.00$2,182.00

411 Elm Street, 4th Floor.

Dallas, Texas 75202 (214) 653-7151

86Commissioners CourtPage 2December 6, 2000

No direCt-costs will accrue to Dallas County. The City agrees to ensure public safety during allconstruction phases, be responsible for all damages to all improvements caused by or resulting from theconstruction, agrees to re-grade, re-seed or re-sod with Bermuda grass all areas upon which the surface isdisturbed by the construction, re-establish the sidewalk to trail connection and to replace any trees 3inches or greater in diameter, with trees on a 2-inch for I-inch ratio, with the replacement trees being aminimum of 3-inches. Dallas County will retain all surface recreation rights including but not limited torecreational use, wildlife and botanical habitat, parking and storage.

LEGAL INFORMATION

The Park and Open Space Administrator has contacted the Texas Parks and Wildlife Department andreceived confirmation that the placement of the slope material associated with the widening ofS. CarrierParkway will not ad.;~~rsely impac~ 'Jark uses or activities. This convey... 'ce is in accordance with Section272.001 of the V.T.C.A. Local Government Code.

RECOMMENDATION

The Director of Public Works has reviewed the request from the City, concurs and recommends thatDallas County convey the attached 25-foot wide Utility and Slope Easement to the City of Grand Prairie,Texas, at the appraised fair market value of $340.00, plus administrative costs of $1,842.00, for a totalamount of$2,182.00, with all costs ofconstruction, installation and maintenance to be borne by the Cityof Grand Prairie.

If the Commissioners Court concurs, a Court Order authorizing the above matter will be placed on thenext regular agenda.

APPROVED BY:

\ill2(llbDonald R. Holzwarth., P.E.Director of Public Works

ftrJlAE:peISC\S MyDocuments:lOpSp:lFishCrcek GP BrfRev

Attachments

Xc: Rick Loessberg, Director of Planning and DevelopmentMary Phinney, Park and Open Space AdministratorDoug Keesey, Engineer, Park and Open SpaceJohn Dahill, Advisory Chief: Disarict Attaney's Office, Civil Section

...

87

County of DallasPublic Works Department09/00

COUNTY OF DALLASUTILITY and SLOPE EASEMENT

STATE OF TEXASCOUNTY OF DALLAS

§§ KNOW ALL BY THESE PRESENTS:

THAT I, Lee F. Jackson, acting in my capacity as County Judge for the COUNTY OF DALLAS, TEXAS, apolitical subdivision of the State of Texas, hereinafter called Grantor, whether one or more, and by virtue of aduly executed Commissioners Court Order No. 2000- dated December ---' 2000, for and inconsideration of the sum of TEN and 00/100 Dollars ($10.00), and other good and valuable consideration toGrantor in hand paid by the City ofGrand Prairie__Texos, hereinafter Grantee, the receipt and sufficiency ofwhich is hereby acknowledged and C\.. fessed, have GRANTED, SOLD and CONVEY i:D, and do by thesepresents GRANT, SELL and CONVEY unto Grantee, its successors and assigns, an easement to lay, construct,maintain, operate, repair, replace, change and remove a 30-inch water line, with all incidental equipment andappurtenances, and placement of slope material necessary for the widening>of S. Camer Parkway, in, v~ over,through, under and across that a strip of land 25 feet wide along Grantor's western property lines the exactlocation of which land is more fully described in the field notes which are attached ha'eto and for all purposesmade a part hereof and marked Exhibit·"A, " which is incorporated by reference herein., which land shall behereinafter referred to for convenience as the "Easement. "

Grantor, its heirs, executors, administrators, successors and assigns, hereby covenant(s) that no structure shall beerected or permitted on said strip. Grantor shall retain all surface rights including but not limited to recreationaluse, wildlife and botanical habitat, parking and storage.

···SPECIAL CONDITIONS···

It is expressly understood and agreed, by and between Grantor and Grantee, that Grantee shall notify thePark and Open Space Administration Department of Dallas County at (214) 653-6653 and the DallasCounty Director of Public Works at (214) 653-7151, seventy-two hours prior to commencement ofconstruction ofand prior to any future mainteIlance work on the water line, or any part of the Easementfor any purpose, except in an emergency situation, in which Grantee shall notify Grantor as soon aspractical. .

Grantee agrees to ensure public safety during all construction phases, including but not limited to,posting of fences, barriers, warning signals, and barricades in or around areas containing potentialhazards created. by construction activity, so that the public is sufficiently warned about work in progressat all times.

Grantee shall clean up and remove all trash and debris, repair or replace all fences and repair otherdamages to improvements caused by or resulting from said coostructioo.

88

With respect to Grantor's land affected by Grantee's construction operations and Grantee's futuremaintenance activities, Grantee shall restore the surface grade of the land to the original elevations anddrainage sonfigtlratioRS that existed prior to said opefations and asti~;,ities. so as to confonn to theproposed plans submitted by the Grantee. Minor sloping will be allowed at H-ie eFFlbaflkment portion ofthe bridge to a-aASition to the neVi grade fOr pipeline iRStallation ofll)'. within the Easement area tofacilitate the widening of Carrier Parkway. Grantee shall be responsible for maintenance and anyrestoration of roadbed due to failure or erosion of slope material placed on Grantor's property. ~Easements will Rot be alloweG on park property to faeilitate the SORstR:ietion or widening of the raodwaj'.Grantee's restoration shall be completed in a timely manner.

Grantee shall re-grade, re-seed or re-sod with Bennuda grass all areas upon which the surface isdisturbed by the constructio~ re-establish the sidewalk to trail connectio~ replace or re-install theexisting ballar<i and replace any trees 3-inches or greater in diameter, with trees of eE}\:lB:I or greatefdiaFfleter of the tfees FefR9'/e8. on a 2-inch for I-inch ratio, with the replacement trees being a minimumof 3-inches (i.e., one 12-inch tree replaced with eight 3-inch trees or one 6-inch tree replaced with.four3-inch trees) of a mixed variety, preferably hardwoods. A two year re-establishment period will berequired with a minimum 50% survival rate.

It is I.£i:l~tood and agreed that Grantor is not conveying fee simple title to said property to Grantee and that ifsaid property ceases to be used for the purpose or purposes hereinabove described, title to same shallautomatically terminate and revert back to and vest in the County of Dallas as it now stands before the executionofthis Easement to Grantee. In the event that this Easement terminates and reverts to Grantor as provided herein,Grantee hereby promises covenants and represents to Grantor that Grantee shall sign any and all documents andinstruments which Grantor deems necessary or expedient to effectuate the reversion to Grantor of the landdescribed as the Easement in Exhibit"A" attached hereto.

Grantee shall, in the conduct of the water line covered by this Easement, comply with all applicable federal, stateand local laws, regulations, and enactments affecting the work. Grantee shall use only such methods as areconsistent with safety, both as concerns the Grantee, its representatives, and officers, agents, employees andproperty of the County and the public, in general. Grantee (without limiting the generality of the foregoing) shallcomply with all applicable state and federal occupational safety and health acts and regulations. If any failure bythe Grantee to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost orcharge being assessed, imposed or charged against the County, Grantee shall reimburse and indemnify theCounty for any such fine, penalty, cost, or charge, including with limitation attorney's fees, court costs andexpenses. Grantee further agrees in the event ofany such action, upon notification thereof being provided by theCounty, to defend such action free ofcost, charge, or expense to the County.

It is expressly understood and agreed to, by and between Grantor and Grantee, that this grant and any attachedExhibits sets forth all promises, conditions, representations and understandings between the Grantor and Granteeand as such constitutes the entire, only, and true agreement between Grantor and Grantee herein. Nothing shallbe binding upon Grantor or Grantee unless stated in writing and signed by Grantor and Grantee.

The above rights shall constitute covenants running with the land and shall be binding upon and inure to thebenefit ofGrantor and Grantee, respectively, and their respective heirs, executors, administrators, successors andassigns.

89

TO HAVE AND TO HOLD the same, together with all and singular, the rights and appurtenances thereto inanywise belonging. unto Grantee, its successors and assigns, for so long as said property is used by Grantee, itssuccessors or assigns, solely for the purposes of the Easement herein expressed and herein grant~ PROVIDEDFURTHE~ in the event the hereinafter described Easement shall no longer be used for the purposes for which itis required, this Easement shall terminate and be of no further force and effect as provided hereinabove.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, GRANTOR MAKES NOWARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING BUTNOT LIMITED TO, ANY WARRANTY OF TITLE, OWNERSHIP, CONDITION, HABITABILITY,TENANTABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

EXECUTED this the day of , A.D., 2000.

COUNTY OF DALLAS, TEXAS

By: Lee F. Jackson, County Judge

ACKNOWLEDGMENT

THE STATE OF TEXAS §

COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared Lee F. JacJeson, County Judgefor Dallas County, Texas, known to me to be the peI'SOI1 and officei' whose name is subscribed to the foregoinginstrument and acknowledged to me that the same was the act ofDallas County, Texas, a political subdivision ofthe State of Texas, and that he executed the same as the act of the County of Dallas for the purposes andconsideration therein expressed and in the capacity herein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of ,A.D. 2000.(L.S.)

Notary Public, State ofTexasMy Commission Expires _

Grantor's Address:

County ofDaDas411 EImStreet, 3Rl FloorDallas, Texas 75202ATTN: Property Division

PAE:lMyDocuments;/OpSp:IUtilityEsmt WaterMainFishCrk Draft

Grantee's Address:

City ofGrand PrairieP.O. Box 534045Grand Prairi~ TX 75053

90Exhibit "A"

CARRIER PARKWAYRIGHT-Of-WAY PARCEL NO. 2025' SLOPE & UTILITY EASEMENT

DESCRIPTION

BEING all that certain tract or parcel of land situated in the L. O'GWINN SURVEY, AbstractNo. 1105 in the City of Grand Prairie, Dallas County, Texas, and being out of a 37.403 acretract of land described in deed to the County of Dallas, Texas, recorded in Volume 92240,Page 1657 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being moreparticularly described as follows:

BEGINNING at a Y2-inch iron rod with cap stamped "SRA 322i" set for the northwestcorner of said 37.403 acre tract, being on the east right-of-way line of Carrier Parkway;

THENCE S87°47'54"E, along the north line of said 37.403 acre tract, a distance of 25.03feet to a Y2-inch iron rod with cap stamped "SRA 3225" set for a corner;

....THENCE SOoo32'22"E, a distance of197.61 feet to a Y2-inch iron rod with cap stampeduSRA 3225" set for an angle point;

THENCE S03°37'S4"E, a distance of 99.97 feet to a Y2-inch iron rod with cap stamped"SRA 3225" set for a corner on the south line of said 37.403 acre tract, same being thenorth line of the remainder parcel of a tract of land described in deed to McCutchinBrothers Joint Venture No.2, recorded in Volume 80220, Page 3359, D.R.D.C.T.;

THENCE N81 °3s'12"W, along the north line of said McCutchin tract, a distance of 25.56feet to a Y2-inch iron rod with cap stamped "SRA 3225· set for a corner on the east right-of.way line of Carrier Parkway;

THENCE N03°37'54"W, along the east right-of-way line of Carrier Parkway, a distance of95.31 feet to a Y.z-inch iron rod with cap stamped "SRA 3225" set for an angle point;

THENCE NOoo32'22"W, along said right-of-way line, a distance of199,48 feet to thePOINT OF BEGINNING and containing 7,405 square feet or 0.170 acres of land, more orless. .

3965 Page 2 of 2 Pages

91

2S' SL.OPE aUTlL.ITY EASEMENTPARCEL ABEA;1.40e SQ. FT.0.170 ACRES

COUNTY OF DALLAS. TEXASVOl.. 92240. PG. /U7

OIlO.C.T

S81°4'7'54"E25.03'

><OHL S GRAND PRAIRIElor I, BLOCK I

l. O'GWINN ADDITION.~PQOvED 8'1' '><E c,rv 01' GRANO "".'R/E,

aur ~or QECORDED AT DALLAS COUNTy OEED RECOROSI

1-20 SER ICE ROAD

LOT 8DRAINAGE R.O.W.

LOT 3

LOT 7

CARRIER TOWNE CROSSINGVOL .8063, "G.a2

OR.O C. T

-~---

//

/- ==------

o 50 100 200

~.... \GRAPHIC SCAL.E IN FEET

SCALE: I- =100'

..-- ".,.;.~ OF , ......

A·.~.t.:\~~~~~".:~~'(,)I{ ~O··.•'4••••~ ••••••••••••••••• : ..... I,

ie (.:"10 J. fERRAW, .l~""~r: 3225 ~.~

(\ \!1i~.~.::.~::1r?~" '.0Il i ... H ~V~ _-- AJ..- __

NOTE: ALL NEW ROW CORNERS. PrS. PC-S. PT'S ARE 112- IRON RODS Wlnt CAPSTAW£D 'SRA 3225,0 UtLESS OTHERWISE NOTED.

Schrickel, RoOins and Associates, Inc.(~Mll'" l..... NcN«IIft °~ .,..,..

"" e-c. Ortoe .... $ollie 100. ---. T_ ,..iS11J ....JZ1•• ("7) ..0..1212 ...... (811l ....1145 ,.

CARRIER PARKWAYPARCEL Nd. 20

ORAND PItAIRII. TIXA8

OINt ....12-08-99.. 1CCH

JWIIlI.l3985 OF 2

92

DALLAS \JvuNTYCOMMISSIONERS COURT

OC c:c -'4 ~.:~ 10: 40

December 4,2000

To:

Through:

From:

Subject:

Commissioners Court

1. Allen Clemson, Administrator

Craig Pardue, Governmental Affairs

Pegasus Charter School Renewal Of Open Enrollment

BackgroundCharter schools are publically funded schools established to provide an alternative for studentscurrently attending state regulated Independent School Districts. The application for renewal ofopenenrollment requires a charter school to notify the local Commissioners Court of said application.Attached to this memo is a notification from the Pegasus Charter School.

Impact On OperationsMike Griffith has determined that the renewal of local Charter Schools does not have an impact onDallas county Programs or operations.

FinancialN/A

RecommendationNone required. No action is necessary. Subsequent notifications from area charter schools will behandled as miscellaneous items on the briefing agenda.

Legal InformationA copy of the renewal form requiring county notification is attached, refer to section 8(C).

Recommended by:

a·P'P§!1sch.tta;bno)2 04 QO

Approved by:

eptaTelephone: (214) 653·7363Telecopier: (214) 653-7057

93:.~ r '';

_ . II I

THE PEGASUS ciiARTER s<:"'bb~-A SECONDARr PUBLICSCHe~~~z:lI5 SffiOlff ~B3RNER

Commissioners CourtDallas County411 Elm StreetDallas, Ix 75202

Dear Sirs:VISION

To be aninterdisciplinarypublic junior and

senior highschool, located in

the heart ofDallas, designed

for seriouslearners, andcommitted tocontinuous

improvement.

MISSIONTo educate

individuals in theliberal arts and

sciences in orderto prepare them

for productive andmeaningful livesin an increasinglycomplex world.

I enclose a copy of a notice of intent to apply for renewal of open-enrollmentCharter School.

Please feel free to call me with any questions or concerns you might haveabout this application.

ft;(~Virginia LannenChair

/0/3/ lor:;

.School Address: 2121 MaiD Street, Ste. 200, LB4, Dallas, TX 75201 214/742-9100 Telephone 214/742-1105 Fax

Corporat~ Address: 3800 Main Street, Suite E, Dallas, TX 75226

11/61/26ea a' 2148416536 94

NOTICE OF fNTENT TO APPLY FOR RENEW AL OFOPeN-ENROLLMENT CHARTER SCHOOL

Genesis Schools is applying to the State Board of Education for approval to continue to operatean open-enrollment charter school ("charter school'·) at its cunent location of2121 MainS~.Dallas. TX 75201. Charter schools are public schools established by nonprofit organizations,institutions of higher education, or gQvemmental entities. These schools are publicly funded andare free frornmany state regulations that apply to other public schools. The following descriptiveinformation about the proposed school is being provided for the benefit of the community inwhich the school is located:Name of the charter school; The Pegasus Charter SchoolName of the sponsoring entity of the charter school: Genesis SchoolsChief Executive Officer of the School: Virginia LannenBoard nlembers of the sponsoring entity: Jim Harrison, Virginia Lannen, Abby Freeman, KenTarango, Jesse Oliver, Carolynne Chancellor Smith., Bill Mahomes, Anitra PattersonBoard members of the school operating board: same as above.Location ofthe school: 2121 Main Street, Ste. 2W, Dallas, IX 7S201Briefdescription of the school: Pegasus is an open enrollment junior and senior high schoolproviding a liberal arts and sciences curriculum.Grade levels to be served:1-12The State Board of Education invites comments about my aspect of the school or its sponsoringentity. Comments must be commWlica'ted in the tbnn of a signed letter directed to the StateBoard of Education. Only letters specifically addressing a specific proposed school ~ill beconsidered. by the board. Letters may be sent to the following address: Texas Educ:ation Agency,Division ofCbaner Schools, 1701 North Congress Avenue, Austin. Texas 78701.

11/15/28ae 89:35 2148418536 PAGE 61

95

" '" ..." . ~ i ~ ~

THE PEGASUSCHARTE'R SCHOOLA SECONDARY PUBLld,HOdi F~~' THE SERIOlJS LEARNER

'; '-l.~:~:')\'

\ ...~.";

As we discussed, I enclose an excerpt from the Charter Renewal Applicat;c')nrelating to notice to the County Commissioner's Court.

I did not find anything in the statute relating to this notice. It appears to be arequirement of the State Board ofEducation. The application merely requires notice;it does not appear to mandate any action on behalfof the Commissioner's Court.

As I mentioned, Pegasus is not a new charter school. It has been in existence inthe same location for four years. We are proud to be part ofthe downtown, and to bea complement to the public school system ofDallas County.

VISIONTo be an

interdisciplinarypublic junior and

senio. h1.ghschool, loca.tcd in

the heart ofDallas. designed

for seriouslearners. andcommitted tocontinuous

improvement.

To: Mr. Craig PardueDallas County Commissioner's Court

[ From: Virginia Larmen

Re: Notice of Charter Renewal

Fax # 214/653/7057

Date: November 6,2000

MISSIONTo educale

individuals in theliberal arts and

sciences in orderto prepare them

for productive andmeaningful Jivesin an increasinglycomplex world.

Should anyone have additional questions about Pegasus, please feel free to callme at 214/841-0532. Additionally, I enclose a "snapshot" ofPegasus, for yourinformation.

Thanks for yoW' call in response to our notice. IfI can be of further assistance',please do not hesitate to let me know.

Schtl_" AddrGS: 21%1 Mai. Street, See. 200, L84, D~IIas, TX 15201 %141741..'100 Tclepllo•• 1141742-1105 FalCOl'pOrtltl Atklras: 3800 M~in Stnef, Suite E, Dau., TX 75226

21484113536

96

THE LANf'£N FIRM PAGE 132

7. GeOGAAPHIC BOUNDARIES AND STATEMENTS OF IMPACT

A. Describe the geographic area served by the school. Include a map showingboundaries aeany marked. Indude a written desaiptlon that cleany explaIns thearea to be served. Note: this description must be specjt1c and deflntte. For example,descriptions such as ·southwest portion of the city" or ~he greater metropolitan aresare insufficient. Acceptable definitions include those identifying the area in terms ofcity or county limits, street names, and boundaries of school dlstriots or zip codes.

B. Provide a list of all districts within the geographical area that are affected by thecharter school, incfuding those districts from which the charter school will accepttransfers.

C. Statements of Impact

1) The sponsoring entity must send a copy of the Statement of Impact fonn to thesuperintendents of aU school districts and open-enroUment charter schools thatare likely to be affected by the renewal of J1e charter school. inGluding thosedistricts from which the charter s~ool will accept transfers. The purpose of thefann Is to document any adverse impact on theaffeeted district or any potentia'enrollment shift that may impede a districtts abiflty to compty with a court orderaffecting the district. The form must be sent to a.1 districts in the geographicarea from which the schoof will draw students. A copy of the charter schOOlrenewal application and a letter from the sponsorlnrgentity should accompanythe fo,"" requesting the superintendent of the att'ected district to submit thesigned and completeCIform to the Texas Education Agency.

2) The Statement of Impact form should be sent to atl atrected districts andcharter schools no later than the date the renewal apptlcatlon Is submitted tothe Texas Education Ageney.

3) The charter school renewal application must include a list of the districts andcharter schooll to which a Statement of Impact form was sent. Retain a copy ofthe return receipt from the post offtce and the date each fonn was sent andsubmit It to the Division of Charter Schools prior loth. date of consideration bythe SBOe.

The superintendent of the districts and/or charter school affected may complete the Statementof Impact form and submit It to ·ht Texas Education Agency by the .date of the State Board ofEducation meeting designated tor conliderationof the charterappltcetJon. Upon receipt of eachcharter schoof appMcation. ~ncy ,taffwill determine whether all·dlatrlcts likely to be affectedby the renew81 of the ctuuterschOOIrecetved a Statement of Impact.

8. COMMUNITYSU~

A. Provide information on the manner in which community groups are involved ;n thecharter schoOl reneWli •.• proce.1 and describe future plans.

B. Discuss any b_in... arrangements or partnerships with existing schoofs.educational programs. businesses. or non-profit organIZations. (lndud. letters fromeach entity represented)

G. Prior to submission of the application each applicant must publish the followingstatement In a_newapaperOfgeneral distribution tn the geogrephic area proposed fo" ~the school. The statement must also be mailed. to the city council and /f'commissioners court With jurisdiction over the geographic area. Attach evidence ofpublication.

11/15/28e8 89:35 2148418536

97

A. Secondary Public SellFo*ri~~eD~wp.mt~&rio

..........._ ........ 8eII••1 .........

PAGE 63

,I

lI"1'bB'VisionofbePeJUusCbarta'Schooli6tob~&ninterdjscip}inarypublicjuniorandJCTliorhigh

school, located in thehean ofDellu. fostering thedevelopmen(ofscrious learners, and committed tocontinuous improvement.

-Its missionis to educate individuals in the liberal arts andscience' inorder to prepaR them (orproductive and Moaoinef\ll li~q in an increasingly complex \World.

THE £DUCATIPlY".' MODEL

aThePepsusCharterSchool offersan innovativeconceptin the education ofjuniorandsaiorbighstudents,wheretheschoolbUildingserve. as aheadquartersfor leaming, and the vast resotm:esofthedowntown serveudt. school'sleaminclaboratory. It blends a traditional rigorous liberal arts andscienceseducatiOllwi1ba~ca1approachthatpreparesstudmts forthedemlndsofademocratiesociety. This approacb utilizes:

-interdiacipJinary studica-project baaed, authentic learning

~u1ti-age groupings.fle~ible scbedulinc with core courses taught in intensive blockseinstrucdoQ that incorporates leadership and community service

-instruction that weaves the resources ofdowntown into the learning fabricetechnology embedded in courses to broaden and enhance Itaming

.corc courses and exploratory classes for 7'" through 10dl eraders; andean I l'h & 12ti grade programthat allows students to develop amore individualizedcout'Seofstudy.

PoIp2

11/15/21388 139:35 21484113536

98

QU ESTION AND ANSWERS

What 'rc the Fundament,' PrlDdplf$ upon wbi,b PeK3Sus Was Fpunded?

• Public education is thecornerstone ofournation,providing a common b85¢ ofknowledge criticalto the fabric of a functioning democracy.

e Schools organizedsolelyaroundreading.leeturingandtesting, or~a.roundamgmented,departmentalized system ofeduQtion will not adequately prepare students to face the task ofsolvingcontemporaryproblems. Suchproblems havecomplex., muJtipledimcnsions thatdemandthe integration and application of knowledge and skills in a variety of subject areas.

• Schools must be organizedaround leaming, notteaehing. andmust require rheactive involvementofrhestudent in the learning process. Ratherthan receiving jnformationpassively.each stUdentmustbe willing to expendconsiderableeffortat learning. Ifastudent fails to see, conceive andperceive. that student falls to learn.

e Schools should be designed to 8c:rve the serious ends ofeducation, moving beyond merernernori2ationsothatstudents: Dtesmhowto1eam,Dthinkcritically.andlogicallyabout that learning.adevolopwell..reasoned thought!. aeffectivelycxpmsthosethoughrsboth'l"8llyand inWriting,QIlcceptinctividuaJmponsibility for hisorherownleamingandwork,aworkcoJlabonltive1ywithothers on complex problems, and aintelrate the leaming from school with every day life.

e Learning is a life longjourney, built on fundamenral skills that can be honed in a nurturingenvironment where standard. are high and continuous improvement is the 80aJ.

~I

Wby doC' tb,r",'UllM11"P.' FoeM' DR ,llber,a,thal'scl.a,,, GPrrleyll·?

eA rigorous education in the liberal arts and sciences provides a moni foundation forpreparing students for producdveand meaninstul lives by:

ebelping students lcanabow to reach themselves, how to define a problem. how to applytheories andcotDpileevidence, how to validate results, and bow to re-examine conclusionsin light ofalternative explanation;

• helping studonts developstron, character to anchor the.ID in a complex and chaotic wodwhich can. Acilltatedthrough exploration of the classics and through careful reading ofhistory;

e helping students acquire the self-discipline, Jove of truth, respeet for integrity, scholarship.artisny and craftsmanship, and scorn for hypocrisy.

ehelping students develop a fervor for a lifetime of thinking, reading. and remainingintellectually and passionately engaged with the world and its issues. and

• helping students understand that a productive and meaningful life is a life that is notmerely succesmd. but IS also significant because of persona. intelfity, leadership andservice to family, friends, and the community.

11/15/2888 eg:35 2148418536 TJ-£ lAH'£N FIRM

99

Why Wu tbe Heart gf DaU" Chosen for tb' ScboQI'$ Locatjon"

eThe hea" of DaJJas olf'en a wealth of education reSOUTces for Pegasus students, andaffords opportunltle, for community service llnd leadership.

eThe use of the institutions and facilities of the core cUy as part of its learning laboratoryadd a unique dimension to The Pegasus Charter School design. There are possibilities,through field work, for immersion ioto a theme 0 .. topic, Invtsticatioo and research, teambuilding, adventure, and the intep-ation of'the learning of school witll every day life.

eTbe business district, art complexes, museums, and government centers epitomize thesuccess and opportunities that come from hard work and ,ervice to others. Stadents ,eeand Jearn in an environment filled wtah exdtement, activity, and replete witl1 namples ofsuccessfal and accomplished peopJe ",110 work hard and give back to their community.

ePegasu.' location makes It poslible for parents wh.work downtowD 10 brine tbeir student. into the city witbhem. Witb Dart Bus and RaU, the school Is aceeSljb'e tostadents throughout Dall•• County, helpine the .daoolreflect the cuh.rat .ad ethnic diversify ~f the urban area

.Pega••s fiUs .nlmport••t role a•• neicbborboo4pUblic ,clloollor downtown resideot••

ePee.IUS' location anords collabont". opport.atdeswith EJ Ceatro CoalJ.uJlity Colle.e.

Why "" _ PlINY' bbo'r".9 cpr the *"90'1

• The mylhical c:rat1Ire PejIBUS~ lhe springing fOC1b ofnewopportuniCicll. jUlt u J>,p:lUS CharterSchool tepI'ClIlmts & new oppor'IUniCyin publ1c cdDcaion.• PcpIQI. to~ hciIhII.IIIdaa::ompIishad~ dee:ft-toIJsthe School heWs b'ita......• AI .... symbol ofdownlown. the'*of""ldecU lht S&::hoQI',COfM'IicmInt to"ftJ to Iht vft:ilityof the~~ district.

ne pega••• currkal... scope ••d seq..ell" evolves ftOlD a fee.. 0. core, tr.elitienall,academic lkil.. aadbela.vi toa foeu••• tr.llsidoRI to the colleplwork world.Pepau bu t.ra: d.....ctt ticul... lev. at iU.str.*" •• tile roHow.. ch..,:

__14_"_~_:;:-_..._:._••.•.~_~._"_"_•. .....__1_;_~_;-_:_:_"" _

The 7·8· Grade EK.......,levellsd...C... to tele. buic aca.a.icJaodal bUavlon ...dTex•• EM••daI Ka e d Sldl.. (TEK) co....t, nile fwei•• st.de..... to aplore I

wide of p l. die Lib..... Arts.. Tb... eIMlldaD, • dIM for .tlld.... tobee aware til..Nt ill tU world..

n. ,..1" Gndeiliteerated C ts d_,.ed to nloro••1y foe•• OD tlae ' ••dana.taIdhdpllaet of MIItII, kieace. LaIiPlae Am, ••d Sodal Studi.iR .a e..... yetIDt ilterdltld,..".~r.. Stadea.. denlop tile kaowlecileaDd Iklil Dec.garyto b d'P'.of ...to....y dd .."Ie soplalldatioa .fforded ,.... i. tit.Gnd Tn ,......

Til. J1·11· Gr.de Grad Jr."'do... level is "ltere stlld••u are .0'0I"d.e4 a b.... dep'...raut.....y ia botlt til ,.. .Dd topiq 01 tltetr tOur... The stltool ....;dmiz.. studentcholu by eoablla. the to du....ro•• in colleat counet or take "irt...1eo.nts 0"" daelaternet.

Additi....Uy, Com....ty .emce ad I.clenlaip .re ",..... IS iDteent .peets of rilecurrieuh... a' h....... ShAd..... will participate aDA.ally hi 101 boun of .pprovedleadenlaip .divld....d eomlll.airy wnlee. Some., but Dot an, 01 th... boun ...y b.obtaiaed tltnu.1I .Mmce .Dd ·.ud.nhip wo"•• lq to tb. ' .... eurricuill"

11/15/2888 6S:35 2148418536

100

Wbat standard' wUl stycl,nl' be expected to rout'?

-Learners at The Pegasul ChaNe~School lire expected to meet tbe academic:standards estabUlhed for selaoo. district. by the Texa. Education Agency, to go beyolldthem and to be satisfied wit.1I DothiJlg less than qQaJity work. and theirpenonal best.

-Studenta at Pegasus are also expected to meet or exceed the academic standard.e,tabUabed by PegasQ, in order to traD.'ti08 from curricu.ar level. and ultimatelygraduate from Peg.tul. Cour.e credit. alone are not sufficient to demonstrate that astudent il ready to transltloa froRl one curricul.r level to aaotber. This hold. true forcontinuiDg ,tadeJlu .8 well as traDsfer stude.fI.

Beb4yjqrql Sttpear",

-Learaera at tbe Pelasus Cbarter School are heJd to high Itandards of bothacademic aDd loct.1 behavior and attitude. StudeDts are expected to follow an aspeth oftb. Peg.sus Code G~ CORdact and Stadea! Expectation••

5'141I8. ,fDrm

-Til. P'lu., CIa.rt.r Sellee. utilizes ••~hool anlf.r.. StadeatS.re eJpe~led toeonlisteatl, "e.r tla. aaifo1'1D aud to eomply witlll all .specta of tlae Pelas.s dresl code.

Willi Ar. lb, T,.". rlr Lo'pip,l.d Workln, I_laer at rW.'?

J. A .cllool e.vlro t tla.t iI safe, eo.d.c'" to tIM ......11II pncen, .... tree fro..vloleM' ••d ary dJll'Upti•• IJ ",e.ttaI to H"'~i'ltM Vi Ind MIIII•• ofPepns, .1Id ·tb.Jo.t respoall..uity of......ber••,t..p CO".II".

2. CoopeR" ••d .,.. C._II.leadO. it v•••eeI ia til. Pep.... c:ecn....ity. Good",'11,COIla,. 'ar et adtl'l'••n iftiporta.I teMU AD the ""'1 d8'"1.,1. WhQev",coaOle" 0 ....., people .r. expected ro tllle. to O(Ur ••d reach"II"" ••~If..t .C"fttDetlt, ••dlo retptd dI"'n of epllIIoL 'epSIlSprefen c.......dv.....~••I."... CG.hntadoa, dJle over Icc.sad•••

3. All ,..lei "opar1idp.t. lu die Jift of ' are expected .. sbO'¥ respeet fortM pprop beta Wltilia tile sell...CMI.uIt7, widlitI·* towa borhood. aM wIaeIIlav i. sc..... reI.tedHth'id-.

4. I""' Id nO( P ia co.dlet w'k' ea to s~ tootIIer orua /toiII•••lty wla.... It it .......pGlldbIIIty of actai to aetwltla.........,.M iateeritY I. penoaal, 19dallUld acadelDk tela .,alld witla ceadderS I»r tIM ...tln sclaool Id*' ••d ItI ....AKardi.gly., l.dI d w..'¥ior t...teuo a.d aJlowl Gt.....lDemben or ....., tlltlrftdlpetntial. tUtltcolNlderate .Iothen witllwh.. tlMy .Il.., lIad *,at reftects poliliveI, OIl The'.... Claarter Sdaoet.

s.. All i wlao,.nicfpa'" ill clae life .f'epn a:pecte.Ito pertthe ••reeI c pvpoMs .f ',p.u, u ia til. MI ....tb. Viii d til T ...

11/15/28ee 89:35 2148418536 TI-E lAH'EN FIRM PAGE e7

101How do :nude»" ang theer Raunts know if Pegl~us is the riebt kbois:e for tbem"

Pegas.s views itself as a complement to-not In competition wltb--trsdifional publicschools, private schools llnd home schools. As a school with its own unique vision and

mission, Pegasus reeognizes that it is a great place for many, but may nOl the best Cit forevery studeot. In honoring its vision and mission, Pegasas strives to provide a qualitypublic educatioo for those studelU who would benefit from its educational design.

The Pegasul Charter School seek, to serve stadeats who are, or are w1J11ng tobecome, serious learllers.

How 40es the Pegasus Chafter Scboo' nefine, "SeriolS Learnn"?

The term "serious learner", as used by Pega.u., refers to aD attltllde towardlearning, Jlot I particuJar aptitUde.

A serioul leaner Is a .a iDdividual who is dedicated to learning, whose effoTt, atlearning are marked by considerable effort or dcyotion. and who acceptsresponsibility for his or her OWD learllD••1ld work.

i.Jerious learDe, ,trives for coatinuous per••••1h.pro"••ent .nd accepts DO let.tb;n hi. or her penonal belt academic work;

A serious leaaer allows oillers to reach their '.11 potenUal aad bellaves In a mannercon.l.te.t wit1& III••dv.nt...." prhilelel .ad re.poa.abIlIUes of l.arDin, ill tbebeut of Dall.s.

GENERAL INFORMAnON

-thePepIUICb.rterSelloo.ispart .ftllepublic: .1I001.y..-.orrna,providinc tuition- freepubUcedueatioa to insnadeau. Pee.1UI ope.... indoorsto1th..tII .Rd 'tllp'adenIn th. falloft997. PegasusCJaarterSchool CIIrreDtly serves stadeBtI Inend.7·11. A lZthgrade MIl beadded for tile 2001·1001 sclaool year.

-The PepauaCIa.rlarS cllal'tered throDI" Ge••sisSelleol., .50J (c)(3) DOa-prontcOl1Mlratioa wlalda rolJ.-teharter,fort••Peps_CarterSchooi from til.Tesas State ......olEd••doL Tile Board ofDtrectonofGea••Sclaoolslstb. goYeruinebody '.1' tile Pe.an. Ch.rter School.

Loc,dqln.Pep•••Cllal'1e1'Schoo.b locatecl In do,..to,", Dalla.at2111 M.la Street. It l.ea.ily

accessible by til. Dart L1allt R.iI aad bUIsy.rem., a. well., by car.

"ddl.'pp" I,(o[••tl••Addltt......' ......d•• about Tbe Peg.s., Cllarter SeIiDol CaR 1M obtained by

call1DI %141741·'101,viaitia, oar web site at ,.,.w p'C....S"ar.er·orC

or "rltin, to tbe .c:llool aeUl1 MaiD Street, Ste. 200, LB". Dana., TX 15211.

As an.,............. e.anar sc...a. r MI'WI stude.... tlar_ OaHu COU'CY wltfl. haitMII free p.blictdualOlt'. TIM Pee- C.........SdaooI Nt 4illcriIIdute fa lit ,.Icy.. trw bail of-x, ••d....or..... eGlIIcity, ........ ........." acadIWlic or atblcttc abUk1. or dIle cIbO'kr 1M d." hi otIIenrilC .n••d.

102DALLAS COUNTYCOMMISSIONERS COURT

Pt1 2: 44

Date:

To:

From:

Subject:

December 5, 2000

Commissioners Court

John Hennessey, MIS Director~SCT SER 64 and Network Improvement Plan

Ba~kground

On October 10, 2000, the Court was briefed concerning SCT's ServiceEnhancement Request (SER) 64 which provides network support forFY2001. SCT had originally requested one year's funding in the amount of$1,469,029 which represented a 10% increase over FY2000 (Exhibit A).The Court, in Court Order 2000-21 53, dated October 24, 2000, approved amodified version of the SER authorizing a 5% increase and specified aneffective date of October 1, 2000 through December 31, 2000 with a 3month funding amount of $350,563 (Exhibit B). The Court further requestedthat SCT develop and present to the MIS Director a proposal for improvednetwork support. The MIS Director was to evaluate the proposal and presentrecommendations to the Court.

A timeframe was developed and communicated to Mr. John Nero of SCTthat required the improved network support proposal be submitted byNovember 17, 2000. This would allow for time for the proposal to beanalyzed and appropriate research completed in order to present options tothe Court. The complete timeline was:

November 17 proposal dueNovember 20 - December 5 evaluation, prepare briefingDecember 6 submit briefing for 12/12 agendaDecember 12 briefing session on recommendationsDecember 19 Court order (no Court 12/26)

On Monday, November 13, 2000 John Nero indicated that while he wasworking on the network plan he was unable to comply with the November17th submission deadline and was requesting a 30 day extension to thetimeframe. He has continued to develop his plan and will deliver to the MISDirector what has been completed.

411 Elm Street Dallas, Texas 75202 214-653-7327

103FinanCial Impact

Funds have previously been allocated in the Data Services Operating Budgetfor funding of network services for one year. The primary loss is that of time.In order to continue to provide network support services, some level ofcontinuation funding will be necessary.

Operating ImpactAvailable options:

Option 1 involves authorizing an RFP for network services to be issued. SCTcould then bid on the RFP as any other vendor. The RFP would provide fornetwork services through the end of the SCT Master Contract in November2002. Continuation funding would be necessary for network services untilthe bid process is completed.

Option 2 involves extending the timeframe to allow SCT to submit theirproposal to the MI~ Director not later than December 13th

• The MIS Directorwould then analyze the proposal and prepare recommendations for the Courtto consider. Should SCT fail to meet this deadline, the RFP process would beinitiated immediately. Continuation funding would be necessary for networkservices.

Option 3 would be to purchase network services from vendors via the Stateof Texas Qualified Information Systems Vendor (QISV) program or the TexasDepartment of Information Resources (DIR) contracts.

RecgmmendltionIt is recommended that Commissioners Court authorize the issuance of anRFP for network services through the end of the SCT Master Agreement inNovember 2002 (Option 1). It is further recommended that CommissionersCourt extend the timeframe of SCT SER 64 through the end of March 2001(an additional 90 days) to allow for the RFP process to occur with an optionfor 30 additional days funding for transition if necessary.

Funding for continued network services from SCT could be at the currentrate approved in Court Order 2000-2153 ($350,653 for 90 days) or possiblyat a rate which does not include any SCT markup.

411 Elm Street Dallas, Texas 75202 214-653-7327

OPERATING EXPE' 104 u: DETAIL - EXHIBIT A

/D'PanIMm Pata Seryi'c3lSCTlMIS Budget No. 00 UO=1090

Expense FY99 FY2000 FY2000 FY2001Codes ActIllll Budget ProJectioll Request Co"".1Its and Justification

SER Data Processing Contract

(4) Technical Resources for Mainframe and Network Support

Associated with the maintenance of the County's enterprise networkadditional resources are required to support various technicaVfunctional areas. The following is a list of individual positions thatare funded by the County through an annual SER with SCT. It isimportant to note that these positions are supporting services outsidethe contracted scope of services included in the Master Agreement.

LANIWAN Enterprise Network Support Resources$60,694 $66,763 $66,763 S73,439 LAN Admin.-FCCB 1

$60,694 $66,763 $66,763 S73,439 LAN Admin.-GACB 2S60,694 $66,763 $66,763 S73,439 LAN Admin.-H & HS 3

$60,694 $66,763 $66,763 S73,439 LAN Admin.-Admin. 4

$60,694 $66,763 $66,763 S73,439 LAN Admin.-Juvenile 5

$0 $0 $0 $0 LAN Admin.-DA 1/2 Year FYOO Full Year FYO1 LLEBG Fun 6

S50,000 S55,000 S55,000 $60,500 Microspecialist 7

S50,000 S55,000 S55,000 $60,500 Microspecialist 8

S55,000 $60,500 $60,500 $66,5SO Sr. Microspecialist 9

S55,000 $60,500 $60,500 $66,550 Sr. Microspecialist 10

S74,000 S81,400 $81,400 S89,540 Network Specialist 11

S74,000 S81,400 $81,400 S89,540 Network Specialist 12

Ancillary Support ResourcesS50,417 SS5,459 S55,459 $61,005 Sr. Training Coordinator 13

S39,188 $43,107 $43,107 $47,418 Compo Acquisition Spec. 14

Oracle DBA Support ResourcesSI04,OOO SI14,400 SI14,400 SI2S,840 DBA IS

SI04,OOO SI14,400 SI14,400 SI25,840 DBA 16

Oracle AppllcatioBI Support Resources

$85,000 S93,5oo S93,5oo S102,850 Programmer Analyst 17

$0 S93,5oo S93,5oo S102,850 Programmer Analyst (partial year 4 months) 18

$85,000 S93,5oo S93,5oo S102,850 UNIXINT Systems Administrator 19

11,11',111 11.331,411 11.331,4'1 11,46',119 Totlll- (4) TdlllclllllatJllrcalor Mtlillfrturte and

Network SIIppott

hIIet 0fIk.e Re¥1ew FY2001

FormB

I

SI,335,481 SI,469,029

S133,548

OPERATING EXPE!105

E DETAIL -'EXHIBIT B

!nepannwnt Data Seryjce3lSCI/MIS Budget No. 00120-1090

Expense FY99 FY2000 FY2000 FY2001Codes Actual Budget Projection Request Comments and Justification

SER Data Processing Contract

(4) Technical Resources for Mainframe and Network Support

Associated with the maintenance of the County's enterprise networkadditional resources are required to support various technical!functional areas. The following is a list of individual positions thatare funded by the County through an annual SER with SCT. It isimportant to note that these positions are supporting services outsidethe contracted scope of services included in the Master Agreement.

LANIWAN Enterprise Network Support Resources$60,694 $66,763 $66,763 $70,101 LAN Admin.-FCCB I$60,694 $66,763 $66,763 $70,101 LAN Admin.-GACB 2$60,694 $66,763 $66,763 S70,101 LAN Admin.-H & HS 3$60,694 S66,763 $66,763 S70,101 LAN Admin.-Admin. 4S6O,694 $66,763 $66,763 S70,101 LAN Admin.-Juvenile 5

$0 SO $0 SO LAN Admin.-DA 1/2 Year FYOO Full Year FYOI LLEBG Fun 6S50,OOO S55,000 S55,OOO S57,750 Microspecialist 7S50,OOO S55,000 S5S,000 S57,750 Microspecialist 8$55,000 S6O,500 $6O,SOO $63,525 Sr. Microspecialist 9S5S,OOO $60,500 $60,500 $63,525 Sr. Microspecialist 10S74,OOO S81,400 $81,400 S85,470 Network. Specialist IIS74,OOO S81,400 S81,400 S8S,470 Network. Specialist 12

Ancillary Support Resources$50,417 S55,459 S5S,459 S58,232 Sr. Training Coordinator 13$39,188 $43,107 $43,107 $45,262 Compo Acquisition Spec. 14

Oracle DBA Support Resources$104,000 SI14,400 S114,400 S120,120 DBA 15SI04,OOO SI14,400 SII4,400 S120,120 DBA 16

Oracle Applications Support ResourcesS85,OOO S93,500 S93,500 S98,1'S Programmer Analyst 17

$0 S93,500 S93,500 S98,175 Programmer Analyst (partial year 4 months) 18

$8',000 S93,SOO S93,SOO S98,I75 UNIXINT Systems Administrator 19

11,11','15 11,335,411 11,335,4'1 11,4'1,155 Total- (4) Tdllkill RatJlUCa/or Maln/nurw and

Network SUIJPDIt

s.dlet Oftke lWview FY1001 I

SI,335,481 SI,402,255

Increase-> $66,774

90 day cost S350,564FormB

106

To:

From:

Subject:

Date:

DALLAS COUNTYPERSONNEL/CIVIL SERVICE DEPARTMENT

Members of Commissioners Court

Mattye Mauldin-Taylor, Ph.D.Director of Personnel/Civil Service

Approval of DDA Plan

December 6, 2000

I

I

00 DEC -~ pv N 2: Ie

BackgroundThe Honorable Judge Margaret Keliher, 44th Civil District Court, requests approval of her DDAPlan. On November 7, 2000 Commissioners Court approved the revised DDA guidelines perCourt Order 2000-2239. Pursuant to Commissioners Court direction, Judge Keliher has submittedher DDA plan to the Personnel/Civil Service Department for review and submission toCommissioners Court for approval.

Impact On OperationsApproval of this plan would afford Judge Keliher the opportunity to reward employees for theirperformance, improve the knowledge of employees, and/or give employees an incentive toimprove operations.

Financial ImpactApproval of this request will not result in any additional fmancial cost to Dallas County.

RecommendationThe Plan submitted by Judge Keliher complies with current DDA guidelines. Therefore, thePersonnel/Civil Service Department recommends approval of the attached plan.

Recommended By:

L:\Sdorso\DDA Briefinl.WPD

501 Main Street, Room 103Criminal Courts Building Dallas, Texas 75202

Equal Opportunity Employer(214) 653-7638

107

44th Judicial District Court

DDA DISTRIBUTIONPLAN

Purpose

To establish guidelines and procedures for a consistent and equitable distribution ofdepartmental discretionary funds to staff within the 44th Judicial District Court, and toestablish standards for qualification and distribution of such awards.

Awards

A. Departmental discretionary funds may be distributed to individual employees withinthe 44th Judicial District Court who qualify within the following award categories:

1. Initiative2. Performance

B. Funds wiD be awarded at the discretion ofthe Judge ofthe 44" Judicial District Court,based on the availability offunds in the account. The Judge will further determine theextent to which the individual has met or exceeded the criteria for an award within thecategory, in compliance with the general guidelines established by this DDADistribution Plan as approved by Commissioner's Court.

C. Funds will not be used to reimbune parking expenses.

Initiative Award

Initiative awards are meant to reward creativity and the willingness to assume greaterresponsibility in order to enhance the Court's service to the community and the parties andcounsel who appear before her. Initiatives can take such forms as assisting advene counseland parties in reaching compromises and agreements on scheduling conOicts, without thenecessity ofCourt intervention and use ofCourt time and resources. AD initiative awards willbe based on the employee's pro-active approach to problem solving that ultimately enhancesCourt services.

Petformance Award

Performance awards will be given in recognition of the employee's consistent excellentperformance of his or her basic job and those enhancements to the basic duties that theemployee brings to thejob through initiative. Consistent outstandingorexcellent performancein a job which results in increased Court emciency, serves the County government and itscitizens and is worthy of recognition through financial reward.

108

Additionally, annual year-end performance awards will be based on the successful completionof specific goals and projects. Those goals and projects are outlined below:

A. It is the goal of this Court to keep its docket current. Specifically, this Court strives toreach and conclude all cases on her docket within a two year period. The employeesubject to this performance award (the Court Coordinator) will assist this Court insuccessfully docketing, maintaining the docket, and bringing to conclusion all currentlyactive cases filed in a given year (e.g. 1998), by the end of the second year (e.g. 2000).

B. In order to maintain goal A above, it is essential that all currently active cases, aged 90days or more, be either on a trial or disposition docket as is applicable. The CourtCoordinator will further set and maintain the goal of completing a m~Rthly rev;'~w ofthe Court's entire docket to be sure all active cases are scheduled for the appropriateattention from the Court.

C. Additionally, it is frequently necessary to follow-up with attorneys and/or parties todetermine the status of cases stayed for arbitration or otherwise abated to determinewhen and if they can be dismissed from the Court's active docket. The CourtCoordinator further agrees to assume responsibility for keeping said cases identifiedand for making regular caUs to responsible attorneys or parties to keep the Courtposted regarding the status of these essentially inactive cases, which can otherwisestagnate on the Court's docket.

D. The Coordinator wiD maintain the Court's weekly trial docket in such a manner thatthe Court has an appropriate number of cases ready for trial. The goal shall be toavoid in as far as is possible the need for the Court to reset cases because of the Court'sinability to reach them as scheduled, while ensuring that a sufficient number of casesare set and ready so the Court will be regularly in trial.

The Judge will determine the appropriate PerformanceAward amount (subject to DDA fundsavailable) when granting the employee a performance award. The Judge and the employeewill agree in writing to the level of performance expected and the specific goal performancecompletion required for receipt an award.

109

/

DALLAS COUNTY ~,' ~::::...... -- '''';\'

PERSONNEL/CIVIL SERVICE DEPA~raE6Jl6 PH 2: 16

December 6, 2000

To:

From:

Subject

Members of the Commissioners Court

Mattye Mauldin Taylor, Ph.DDirector of PersonneVCivil Service

Proposed Policy on Romantic/Sexual Relationships in the Workplace

BackgroundIn our effort to update personnel policies and procedures in Dallas County, the PersonneVCivil Service Department hasdrafted .the attached proposed policy for consideration by the Court. The proposed policy se1s forth the County's positionregarding romantic/sexual relationships involving managers and employees as well as two employees in the samedepartment Guidance on how to handle such situations is also included in the proposed policy.

Impact.on Operation!The proposed policy establishes the County's position on such relationships.

Flnancla.llmptqtNo additional funding is required to implement this proposed policy.

Legal.ReviewThe proposed policy has been reviewed by the Civil Section of the Distlict Attorney's Office.

RecommendationThe Personnel/Civil Service Department recommends Commissioners Court approve the attached proposed policy and routeit to County departments for 30 day tevietr.

Recommended by:

~. • inTaylot

Attachment - Proposed Policy on SexuallRomantic Refationships

501 Main Street, Room 103Criminal CoU1s Building Dallas, Texas 75202

Equal Opportunity Employer

(214) 653-7638

110

DRAFTRomantic I Sexual Relationships

1.0 Purpose. To establish a policy to prevent a conflict of interest or adverse impact on supervision,productivity, safety or security when supervisors, managers, and co-workers engage in romantic/sexualrelationships. For the County's specific poficy on Prohibition Against Unlawful Harassment, see section A(8.10-41) of the Countt's Administrative Policies and Procedures Manual.

2.0 Supervisory Staff (Elected OffIcials, Department Heads, Managers and Supervisors)

A. All elected officials, department heads, managers,and supervisors in Dallas County are expected toconduct themselves in a professional manner reflective of the County's basic principles andorganizational values. When a manager or supervisor has a romantic and/or sexual relationship withan employee over whom that supervisor or manager has the authority to influence salary, promotions,merit pay, assignments, overtime, devekpmental opportunities (1raining, conferences, etc) ordisciplinary matters, this type of relationship may negatively impact business operations. This impactmay include, but is not limited to: (1) charges of sexual harassment. (2) overt or covert favoritism orperceptions of favoritism that adversely affect the morale and productivity of the work unit, and/or (3)creating an environment where the supervisor can lose the respect and credibility of subordinale$, thusreducing the supervisor's effectiveness. SUpervisory staff shall be held accountable for issues affectingthe workplace which stem from these types of relationships.

B. Romantic and/or sexual relationships are not allowed between supervisory personnel and an employeewhile the employee is subject to the supervisor's authority. One party to a relationship will not beplaced under the authority of the other party to the relationship. A supervisorlmanager and anemployee who engage in a romantic and/or sexual relationship must report the relationship to theirelected official or department head. The elected official or department head is responsible for takingappropriate action in such situations.

3.0 Co-Workers

A. Romantlclsexual relationships between co-workers, if not handled appropriaaely, can be divisive andcause friction in the workplace.

B. When a romantic and/or sexual relationship between co-wor1ters creates an adverse effect onproductivity, safety or security, or involves an identifiable conflict of interest that may detertmentaUyimpact business operations. the elected official or depar1menthead·has the responsibility to correct theadverse effects aI'Id.has.the .right to transfer one or both parties.to different·work units in the samedepat1ment, or to work With the County's Director of PersonnellCiviI Service Department to transfer oneor bo1h parties to positions in other County departments, if possible.

3.0 Review

Elected Officials and departments heads are encouraged to review all matters pertaining to this policy andthese situations with the Director of Personnel/Civil 8ervice and the Civil section of the District Attorney'sOffice prior to taking actions. Employees are atso encouraged to irNnediately review any concerns theymay have with the Director of Personnel/Civil Service.

III

, " :: '(

TO:

Pi1 3: , ,

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION

Commissioners Court

THROUGH: Philip B. Scheps Cn, IBudget Officer ,--.;. ./

FROM: Greg AllbrightBudget and Policy Analyst

SUBJECT: First Administrative Judicial Region - County Contribution - Response to questionsfrom the Dallas County Commissioners Court during Briefmg Session ofNovember 21,2000.

BACKGROUNDDuring the November 21, 2000 briefing session several Commissioners raised questions

concerning various aspects of the relationship between the Court and the First AdministrativeJudicial Region, as well as operational questions concerning the Region. The following text attemptsto answer these questions.

1. The Judicial Region employs an office manager and an administrative assistant. The officemanager is responsible for the maintenance ofoffice computers, ordering supplies, creating andimplementing new computer programs, ensuring the timely distribution ofpayments to visitingjudges, and performs other functions at the behest of Presiding Judge John Ovard. Theadministrative assistant is responsible for assigning visiting judges needed in each of theRegions' courts.

2. The auto allowance is given to three persons: the presiding judge, office manager, and theadministrative assistant. The presiding judge receives $400/month, and travels to and from theregion's 34 counties. The office manager and administrative assistant receive $250 and $350a month, respectively. The positions are required to travel throughout the region for reasonsrelated to the function of their positions.

3. Unspent funds are put into a Administrative Region reserve fund This fund supports the JudicialRegion's activities at the beginning of the new fiscal year, until all counties have mailed in theircontributions. During the past fifteen years, budget excess has occurred. only once. Three yearsago excess funds were made available to every judge in the region. Each judge could petition

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6589 • Fax (214) 653-6517 • [email protected]

112the Presiding Judge for up to $1, 000 in money that can be used for court related items (newcomputers, copiers, printers, etc.).

4. The $75,000 appropriated for Conferences is used to pay for the 170 judges of the region toattend one of two judges' conferences. The State of Texas subsidizes the remaining conference.The 54 judges from Dallas County are eligible for travel reimbursement from the Region. The

average reimbursement is approximately $440. Travel expenses can include food, lodging, andhotels. The reason for the 25% increase from FY2000 and FY2001 is due in large part to thelocation of this years spring conference in Houston, while last year the conference was held inDallas.

5. The Dallas County Commissioners Court bears no legal responsibility for the expenditure offunds through the First Administrative Judicial Region, nor does the court have power to alterthe contribution sent to the Region. This position is confirmed by the District Attorney'sCivil Section, in the opinion that follows this paragraph. All relevant statutes have beenattached.

"Section 74.043 of the Government Code, states that the county shall payout of its general f... 'd,the salaries and expenses authorized and incurred to administer the chapter (on AdministrativeJudicial Regions), including expenses for professional liability insurance policies for the regionalpresiding judges. The statute does not grant the county discretion to modify the presiding judge'srequest for these funds."

1998 Main Volume

HISTORICAL AND STATUTORY NOTES

The 1987 amendment renumbered the sectlOn; In subsecs.

(a) and (b), substituted "administrative regIon" for"adminIstrative district"; at the end of subsec. (b), addedthe language beginning ", including expenses for thepurchase of'; in subsec. (c), substituted a reference to §74.051 for a reference to § 74.018; and following "shzlll bepaId" substituted "through the county budget process ofeach county in the region in proportion to the population ofthe counties comprISing the region" for "in proportIon tothe number of weeks provided by law for holding districtcourt in the respective counties"; and, at the end of subsec.(c), substituted "judge" for "judges".

113

TX GOVT § 74.043, Facilities: Funding

*45357 V.T.C.A., Government Code § 74.043

VERNON'S TEXAS STATUTES A.NDCODES ANNOTATEDGOVERNMENT CODE

TITLE 2. JUDICIAL BRANCHSUBTITLE F. COURTADMINISTRATION

CHA.PTER 74. COURTADMINISTRATION ACT

SUBCHAPTER C.ADMINISTRATIVE J1JDICIAL

REGIONS

Current through P"'d of / 999 Reg. Ses::

§ 74.043. Facilities; Funding

<General Materials (GM)AnnotatIOns. or Tables>

HISTORICAL NOTES

Page 5

References.

(a) Adequate quarters for the operation of eachadministrative region and the preservation of itsrecords shall be provided in the courthouse ofthe county in which the presiding judge resides.

(b) Except for the salaries, compensation, andexpenses provided by state appropriations, thecounties composing the administrative regionshall pay, out of the general funds of thecounties, the salaries, compensation, andexpenses authorized and incurred to administerthis chapter, including expenses for the purchaseof professional liability insurance policies forregional presiding judges.

(c) Except as provided by Section 74.051, thesalaries, compensation, and expenses shall bepaid through the county budget process of eachcounty in the region in proportion to thepopulation of the counties comprising the regionand on certificates of approval of the presidingjudge.

CREDIT(S)

1998 Main Volume

ReI/umbered from § 74.003 and amended by Acts /987,70th Leg., clz. 674, § 2.02. efJ. Aug. 3/, /987.

This section was also amended by Acts 1987, 70th Leg.ch. 148, § 2.93(a); pursuant to § 5.01(d) of said Act,however, the amendment did not take effect.

*45358 Prior Laws:Acts 1927, 40th Leg., p. 228, ch. 156.Acts 1929, 41st Leg., p. 488, ch. 231, § I.Acts 1975, 64th Leg., p. 1193, ch. 450, § 1.Acts 1979, 65th Leg., p. 1355, ch. 608, §§ 1,3.Vernon's Ann.Civ.St. art. 200a, §§ 2(a), 9.

Derivation:Acts 1985, 69th Leg., ch. 480, § 1.Acts 1985, 69th Leg., ch. 732, § 2.Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Acts 1987, 70th Leg., ch. 674, §§ 1.03,2.14.

Vernon's Ann.Civ.St. art. 200a-l, § 4.003.

V.T.C.A. Government Code, § 74.003.

REFERENCES

CROSS REFERENCES

Meetings of presiding judges of administrative Judicial

regions, payment of expenses as provided by thissection, see V.T.C.A., Government Code § 74.00 I.

LIBRARY REFERENCES

1998 Main Volume

Courts ¢::'45, 155.

WESTLA W Topic No. 106.

c.J.S. Courts § 105.

Copyright (c) West Group 2000 No claim to original U.S. Govt. works

T.\ GOVT ~ 7-+.0-+-+, Term at Presiding Judge.

''"45359 V.T.C.A., Government Code ~ 74.044

VERNON'S TEXAS STATUTES AJ.'IT)

CODES ANNOTATEDGOVERNMENT CODE

TITLE 2. JUDICIAL BRANCHSUBTITLE F. COURTAD~1INrSTRATrON

CHAPTER 74. COURTADMINISTRATION ACT

SUBCHAPTER C.ADMINISTRATIVE JUDICIAL

REGIONS

Current through Em: 'H-999 Reg. Sess.

~ 74.044. Tenn of Presiding Judge.

A presiding judge serves for a term of office offour years from the date of qualification as thepresiding judge.

CREDIT(S)

1998 Main Volume

Renumbered from § 74.0/2 and amended by Acts /987,70th Leg.. ch. /48. § 2. 93(a). ejJ. Sept. /. /987.

<General Materials (GM) - References,

114

Page 6

Annotations, or Tables>

HISTORlCAL NOTES

HISTORlCAL AND STATUTORY NOTES

1998 Main Volume

The 1987 amendment, to conform to ~§ 100 I to .+013and .+.015 to 8.001 of the Court AdmInistration Act (Vernon's Ann.Civ.St. art. 200a-I), renumbered this section.and in the heading, inserted "of presiding judge".

Prior Laws:Acts 1927, 40th Leg., p. 228, ch. 156.Acts 1965, 59th Leg., p. 62, ch. 22, § I.Acts 1975, 64th Leg., p. 1193, ch. 450, § 1.Acts 1979, 66th Leg., p. 1355, ch. 608, § 1.Vernon's Ann.Civ.St. art. 200a, § 2(a).

Derivation:Acts 1985, 69th Leg., ch. 480, § I.Acts 1985, 69th Leg., ch. 732, § 2.Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Vernon's Ann.Civ.St. art. 200a-l, § 4.004.

V.T.C.A. Government Code, § 74.012.

REFERENCES

LIBRARY REFERENCES

1998 Main Volume

Judges 4;:::17.WESTLA W Topic No. 227.c.J.S. Judges §§ 21 to 24, 27 to 29.

Copyright (c) West Group 2?OO No claim to original U.S. Govt. works

TX GOVT § 7"+.045, Qualitka[ions of Presiding Judge

'~-t5360 V.T.C.A., Government Code § 74.045

VERNON'S TEXAS STATUTES ANDCODES ANNOTATEDGOVERNMENT CODE




REGIONS

Current through End of /999 Re<.- Sess.

§ 74.045. Qualifications of Presiding Judge

(a) A presiding judge must be at the time ofappointment:

(1) a regularly elected or retired districtjudge;

(2) a former judge with at least 12 years ofservice as a district judge; or

(3) a retired appellate judge with judicialexperience on a district court.

(b) If the judge is retired, he must havevoluntarily retired from office, must residewithin the administrative region, and must havecertified his willingness to serve.

CREDIT(S)

1998 Main Volume

Renumbered from § 74.013 and amended by Acts 1987,70th Leg., ch. 148, § 2.93(a), eff. Sept. I, 1987. Amendedby Acts 199/. 72nd Leg., ch. 656, § 1, ejJ. Aug. 26. 199/.

<General Materials (GM) - References,Annotations, or Tables>

HISTORICAL NOTES


115

Page 7

1998 ~1ain Volume

The [987 amendment, to conform to §§ 100 [ to 4.0 lJand 4.015 to 8.001 of the Court AdminIstratIon Act (Vernon's Ann.Civ.St. art. 200a-1), renumbered thiS sectIon;In the heading, inserted "of presiding judge"; and Insubsec. (b), substituted "region" for "district".

The 1991 amendment, In subsec. (a), In the Introductoryphrase added "at the time of appointment"; Inserted subd.(2), and renumbered former subd. (2) as (3); then. In subd.(3). preceding "retired" deleted "an active or"

Prior Laws:Acts 1927, 40th Leg., p. 228, ch. 156.Acts [965, 59th Leg., p. 62, ch. 22, § 1.Acts 1975, 64th Leg., p. 1193, ch. 450, § [.Acts 1979, 66th Leg., p. 1355, ch. 608, § I.Vernon's Ann.r;v.St. art. 200a, § 2(a).

DerIvation:Acts 1985, 69th Leg., ch. 480, § I.Acts 1985, 69th Leg., ch. 732, § 2.*45361 Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Vernon's Ann.Civ.St. art. 200a·l, § 4.005.V.T.C.A. Government Code, § 74.013.

REFERENCES

LmRARY REFERENCES

1998 Main Volume

Judges~5.

WESTLAW Topic No. 227.C.J.S. Judges §§ 15 to 20.

Texts and Treatises16 Texas Jur 3d, Courts § 9.

ANNOTATIONS

NOTES OF DECISIONS

Retired judges 1

1. Retired judges

Provision of Const. Art. 5, § I-a, that, inter alia, office ofevery justice and judge of appellate courts and district andcriminal district courts shall become vacant whenincumbent reaches age of 75 years or such earlier age asthe legislature may prescribe does not render a retiredjudge 75 years of age or older ineligible for assignment toactive duty or ineligible to serve as presiding judge of anadministrative judicial district. Werlein v. Calvert (Sup.1970) 460 S.W.2d 398.


TX GOVT ~ 7..+.046. Duties of Presiding Judge

*-45362 V.T.C.A., Government Code ~ 74.046

VERL'ION'S TEXAS STATUTES ANDCODES ANNOTATEDGOVERNMENT CODE

TITLE 2. JUDICIAL BRANCHSUBTITLE F. COlTRTADMINISTRATION

CHAPTER 74. COURTi\DMINISTRATION ACT


REGIONS

Current through End of /999 Reg. Sess.

§ 74.046. Duties of Presiding Judge

A presiding judge shall:

(1) ensure the promulgation of regional rulesof administration within policies and guidelinesset by the supreme court;

(2) advise local judges on case flowmanagement and auxiliary court services;

(3) recommend to the chief justice of thesupreme court any needs for judicialassignments from outside the region;

(4) recommend to the supreme court anychanges in the organization, jurisdiction,operation, or procedures of the regionnecessary or desirable for the improvement ofthe administration ofjustice;

(5) act for a local administrative judge whenthe local administrative judge does not performthe duties required by Subchapter D; [FN1]

116

Page 8

(6) implement and execute any rules adoptedby the supreme court under this chapter;

(7) provide the supreme court or the office ofcOUl1 administration statistical mformatlonrequested; and

(8) perform the duties assigned by the chiefjustice of the supreme court.

CREDIT(S)

1998 Main Volume

Added by Acts /987. 70th Leg.. ch. /48. § ::.93(aJ. elf.Sept. /. /987.

[FN I] V.I.CA.. Government Code § 74.091 et seq.

<General Materials (GM) - References.Annotations, or Tables>

HISTORICAL NOTES


1998 Main Volume

Derivation:Acts 1985. 69th Leg., ch. 732, § 2.Acts 1987. 70th Leg., ch. 148. § 2.93(b)(4).

Vernon's Ann.Civ.St. art. 200a-1. § 4.006.

REFERENCES

LIBRARY REFERENCES

1998 Main Volume

Judges <F:J24.*45363 WESTLAW Topic No. 227.C.J.S. Judges §§ 35. 53 to 56,59 to 65.


L\ GOVT ~ 74.047, A.urhoriry of Presiding Judge






REGIONS

Current through End of1999 Reg. Sess.

§ 74.047. Authority of Presiding Judge

A presiding judge may perform the actsnecessary to carry out the provisions of thischapter and to improve the management of thecourt system and the administration ofjustice.

CREDIT(S)

117

Page 9

1998 Main Volume

Added by Acts /987, 70th Leg., ch. 148, § 2. 93(a), ejJ.Sept. I, /987.


HISTORICAL NOTES


1998 Main Volume

Derivation:Acts 1985, 69th Leg., ch. 732, § 2.Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Vernon's Ann.Civ.St. art. 200a-l, § 4.007.

REFERENCES

LIBRARY REFERENCES

1998 Main Volume

Judges~24.

WESTLAW Topic No. 227.C.J.S. Judges §§ 35, 53 to 56, 59 to 65.


118TX GOVT ~ :'+.048, Council of Judges

*~5365 V.T.C.A., Government Code ~ 74.048

VERi"ION'S TEXAS STATUTES ANDCODES ANNOTATEDGOVERNMENT CODE



SUBCHAPTER C.ADrvlINISTRATIVE JUDICIAL

REGIONS

Current through End of '999 Reg. Sess.

§ 74.048. Council of Judges

(a) Once each year, the presiding judge shallcall a regular meeting of the district andstatutory county court judges in theadministrative region at a time and placedesignated by the presiding judge. In addition,the presiding judge may call a special meetingof the judges at any time he considers necessary.

(b) The purposes of the meetings or council ofjudges are consultation and counselingconcerning the state of the civil and criminalbusiness in the courts of the administrativeregion and arranging for the disposition of thebusiness pending on the court dockets.

(c) The council of judges shall adopt:

(1) regional rules of administration withinpolicies and guidelines set by the supremecourt;

(2) rules to regulate and facilitate the orderof trials and the recordkeeping in the countiesin the region in which judges are sent from oneregion to another to aid the disposition ofcases; and

(3) other rules necessary to the practicaloperation of this chapter.

(d) Repealed by Acts 1987, 70th Leg., ch. 674,

Page to

~ 2.12. eff. Sept. 1, 1987.

CREDIT(S)

1998 Main Volume

Renumbered from :;.; 74015 and amended by Aets /1)87,70th Leg. eh. 148. .,,' 2. 93(a). efJ. Sept. I, /987, .·/ets /987.70th Leg.. ell. 674, § 2./2, efJ. Sept. I. /987


HISTORICAL NOTES

REVISOR'S NOTE

1998 MaL Volume

The word "regulations" is omitted from therevised law because the Code Constn!ction Act (V.A.C.S. Article 5429b-2) defines a "rule" asincluding a "regulation."


1998 Main Volume

Acts 1987, 70th Leg., ch. 148, to conform to §§ 1.001 to4.013 and 4.015 to 8.001 of the Court Administration Act (Vernon's Ann.Civ.St. art. 200a-I), renumbered the section;in subsec. (a), in the sentence relating to a regular meeting,inserted "and statutory county court", substituted "in theadministrative region" for "of the judicial districtscomposing the administrative region", in the sentencerelating to a special meeting, preceding "judges", deleted"district"; in subsec. (b), deleted "district" preceding"courts" and preceding "court dockets", substituted"region" for "district"; in subsec. (c), in the introductoryphrase, substituted "shall" for "may", inserted a subdivIsionrelating to regional rules of administration, renumbered thesubsequent subdivisions, in subd. (2), substituted "region"for "district" in two places, in subd. (3), inserted "other";in subsec. (d), in the introductory phrase, preceding"judges", deleted "district".

*45366 Acts 1987, 70th Leg., ch. 674, § 2.11, repealedsubsec. (d) of former § 74.015 without apparentcognizance of the renumbering of § 74.015 as this section.

Prior to repeal, subsec. (d) read:

"The judges shall lay before each council of judges:

"( I) a list of all pending cases;"(2) the exact status of their dockets; and


119TX GOVT § 74.048, Council of Judges Page LL

"(3) other Information required by the rules of thecouncil."

Prior Laws:Acts 1927, 40th Leg., p. 228, ch. 156, § 4.Vernon's Ann.Civ.St. art. 200a, § 4.

DCl'lvatlOn:Acts 1985, 69th Leg., ch. 480, 9 I.Acts 1985, 69th Leg., ch. 732, § 2.Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Vernon's Ann.Civ.St. art. 200a-l, § 4.008.V.T.C.A. Government Code, § 74.015.

REFERENCES

LIBRARY REFERENCES

1998 Main Volume

Courts <$=78.\VESTLA. W Topic No. 106.Cl.S. Courts §§ 7,124 to 127.

Texts and Treatises16 Texas Jur 3d, Courts § 7.

16 Texas Jur 3d, Courts § 9.


120TX GOVT ~ 7..+'049, Performance of DUlles by Chlt:f juslll.:t:

k..J5367 V.T.C.A., Government Code ~ /.+.049

VERNON'S TEXAS STATUTES ~1\fD

CODES ANNOTATEDGOVERNMENT CODE




REGIONS

Current through End of1999 Reg. Sess.

§ 74.049. Perfonnance of Duties by ChiefJustice

The chief justice may make assignments withinan administrative region and perform the otherduties of a presiding judge in the followingsituations:

Page 12

Annotations, or Tables>

HISTORICAL NOTES


1998 Main Volume

The 1987 amendment, to conform to §§ 1.001 to 4.013:md 4.015 to 8.00 I of the Court Administr:.ltlon Act (Vernon's Ann.Civ.St. art. 200a-I), renumbered the section.and substituted "region" for "district".

Prior Laws:Acts I927,.40th Leg., p. 228, ch. 156.Acts 1965, 59th Leg., p. 62, ch. 22, § I.Acts 1975, 64th Leg., p. 1193, ch. 450, § l.Acts 1979, 66th Leg., p. 1355, ch. 608, § I.Vernon's Ann.Civ.St. art. 200a, § 2(b).

Derivation:Acts 1985, 69th Leg., ch. 480, § I.Acts 1985, 69th Leg., ch. 732, § 2.Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Vernon's Ann.Civ.St. art. 200a-l, § 4.009.

*45368 V.T.C.A. Government Code, § 74.016.

ANNOTATIONS

(1) on the death or resignation of thepresiding judge and until a successor presidingjudge is appointed;

(2) on notification to the chief justice by thepresiding judge or other appropriate source thatan absence, disabling illness, or otherincapacity of the presiding judge prevents theJLldge from performing his official duties for aperiod of time and until the presiding judge isagain able to perform the duties; and

(3) in a particular matter in which thepresiding judge disqualifies himself fromperforming the duties of presiding judge in thatmatter.

CREDIT(S)

1998 Main Volume

ReI/limbered from § 74.016 and amended by Acts 1987,70th Leg.. ch. 148. § 2. 93(a). efJ. Sept. I. 1987.

<General Materials (GM) - References,

NOTES OF DECISIONS

Assignments IObjections 2

I. Assignments

Chief Justice of state Supreme Court lacked authonty toassign retired appellate judge to sit as visiting district Judgewithin administrative region in which retired judge resided,absent special circumstances enumerated in this section.(Per Robertson, J., with four Justices concurring "\llthopinions.) State v. Preslar (Sup. 1988) 751 S. W.2d 477.

Assignment of retired judge to particular case was notjurisdictional in nature and could be overridden. Starnes v.Holloway (App. 5 Dist. 1989) 779 S.W.2d 86, writ denied,rehearing of writ of error overruled.

2. Objections

Amendment of this section limiting each party to a case toone objection to an assigned judge was not repealed bysubsequent legislation. (Per Robertson, 1., With fourJustices concurring with opinions.) State v. Preslar {Sup.1988) 751 S.W.2d 477.


TX GOVT § 74.050, Administrative Assistant


VERNON'S TEXAS STATUTES ANDCODES ANNOTATEDGOVERN1vfENT CODE




REGIONS

Current thrl. gh End of /999 Reg. Sess.

§ 74.050. Administrative Assistant

(a) The presiding judge may employ, directlyor through a contract with another governmentalentity, a full-time or part-time administrativeassistant.

(b) An administrative assistant must have thequalifications established by rule of the supremecourt.

(c) An administrative assistant shall aid thepresiding judge in carrying out the judge's dutiesunder this chapter. The administrative assistantshall:

( I) perform the duties that are required bythe presiding judge and by the rules ofadministration;

(2) conduct correspondence for the presidingjudge;

(3) under the direction of the presidingjudge, make an annual report of the activitiesof the administrative region and special reportsas provided by the rules of administration tothe supreme court, which shall be made in themanner directed by the supreme court; and

(4) attend to other matters that are prescribedby the council ofjudges.

(d) An administrative assistant, with the

121Page 13

approval of the presiding judge. may purchasethe necessary office equipment, stamps.stationery, and supplies and employ additionalpersonnel as authorized by the presiding Judge.

(e) An administrative assistant is entitled toreceive the compensation from the stateprovided by the General Appropriations Act,from county funds, or from any public or privategrant.

CREDIT(S)

1998 Main Volume

Renumbered from § 74,0/7 and amended b.Y' Acts /987.70th Leg.. cll. 674, § 2.03.7. Sept. /. 1987,


HISTORICAL NOTES


1998 Main Volume

The 1987 amendment renumbered the section; in subsec.(c), deleted a former par. (3), which read:

*45370 "keep a record of the proceedings of theadministrative district and a complete record of the casespending in the courts of the administrative district,including the time of their filing, the style and purposes ofthe causes, and their final disposition;";

renumbered former pars. (4) and (5) as pars. (3) and (4),respectively; then, in current par. (3), substituted"administrative region" for "administrative district"; insubsec. (d), combined the former first and second sentencesby deleting "council of judges" from the end of the formerfirst sentence and by deleting "The cost shall be dividedpro rata among the counties and paid by the counties on thecertification of the" from the beginning of the secondsentence; and, in subsec. (e), added ", from county funds,or from any public or private grant" .This section was also amended by Acts 1987, 70th Leg.,

ch. 148, § 2.93(a); pursuant to § 5.01(d) of said Act,however, the amendment did not take effect.

Prior Laws:Acts 1927, 40th Leg., p. 228, ch. 156.Acts 1979, 66th Le~., p. 1356, ch. 608, § 2.Vernon's Ann.Civ.St. art. 200a, § 7.


122T.\ GOVT ~ 7.+.U50. Administrative ASslstam

DerivatIOn:-\cts 1985. 69th Leg., ch. 480, § I..-\cts 1985, 69th Leg., ch. 732, § 2.-\cts 1987, 70th Leg., ch. 148, § 2.93(b)(4)..-\cts 1987, 70th Leg., ch. 674, §§ 1.04,2.14.Vernon's Ann.Civ.St art. 200a-l, § 4.010.V.T.CA. Government Code, § 74.017.

REFERENCES

LIBRARY REFERENCES

1998 Main Volume

Courts <p55.

WESTLA W Topic No. 106.CJ.S. Courts §§ 107 to 109.

Page l~


TX GOVT ~ 7..L051, Compensation

*'+5371 V.T.C.A., Government Code ~ 74.051


TITLE 2. JUDICIAL BRANCHSlJBTITLE F. COURTADMINISTRATION



REGIONS

Current th: ,ugh End of 199. Reg. Sess.

§ 74.051. Compensation

(a) In addition to all other compensation,expenses, and perquisites authorized by law,including this chapter, a presiding judge shallreceive compensation as provided by thissection for performing the duties of a presidingjudge.

(b) Except as provided by Subsection (c), apresiding judge shall receive a salary not toexceed $23,000 a year. The Texas JudicialCouncil shall set the salary biennially and, inarriving at the amount of the salary, shallconsider whether the presiding judge is active inadministrative duties, performs part time, or is aretired judge. The salary set by the TexasJudicial Council shall be apportioned to eachcounty in the region according to the populationof the counties comprising the region and shallbe paid through the county budget process.

(c) A presiding judge who is a retired or formerdistrict judge or a retired appellate judge andwho presides over an administrative region with30 or more district courts, statutory countycourts, and retired and former judges named onthe list maintained under Section 74.055 for theadministrative region is entitled to an annualsalary for each fiscal year as follows:

123Page 15

Number of Courts and Judges Salary

30 to 49 $25,000

50 to 69 $30,000

70 to 89 $35,000

90 or more $40,000

(d) The salary shall be apportioned to eachcounty in the region according to the populationof the counties comprising the region.

(e) Each county comprising the admimstrativeregion shall pay annually to the pre~iding judge,out of the officers' salary fund or the generalfund of the county, the amount of the salaryapportioned to it as provided by this section andthe other expenses authorized by this chapterthat are not paid by state appropriations. Thepresiding judge shall place each county'spayment of salary and other expenses in anadministrative fund, from which the salary andother expenses shall be paid. The salary shall bepaid from the administrative fund in 12 equalmonthly payments.*45371

CREDIT(S)

1998 Main Volume

Renumbered from § 74.018 and amended by Acis /987,70th Leg., ch. 674, § 2.04, eff. Sept. I, 1987. Amended byActs /99/, 72nd Leg., eI,. 656, § 2, efJ. Sept. /, /99/.

2000 Electronic Update

Amended by Acts /999, 76th Leg., ch. 294, § /. efJ. Sept. /.1999.


HISTORICAL NOTES

REVISOR'S NOTE

1998 Main Volume


124TX GOVT ~ 74.051. Compensation

The name of the Texas CivIl Judiclal CouncIl waschanged to the Texas JudicIal CouncIl by the 64thLegIslature In 1975.

HISTORICAL AND STATIJTORY NOTES

2000 Electronic Update

I ()00 LegislatIon

Acts 1999, 76th Leg., ch. 294, in subsec. (b), in the firstsentence, after "exceed" substituted "$23,000" fortIS 18,000"; in subsec. (c), increased every salary listed onthe table by $5,000.

1998 Main Volume

The 1987 amendment renumbered the section; in the firsts\:;\tence of subsec. (t;, substituted $10,000 for $5,000;rc\vrote the third sentence of subsec. (b), which previouslyrC;ld: "The salary set by the Texas Judicial Council shallbe apportIoned according to the population of each judicialdistrict comprising the administrative district, and theamount apportioned to each judicial district shall beapportioned to each county comprising the judicial districtaccording to the population of the county"; in subsec. (c),in the introductory language, substituted, "administrativeregion" for "administrative district" twice; inserted "orstatutory county courts"; substituted "nor" for "or"; and"those courts" for "district courts" near the end of thesubsection; in subsec. (d), in the first sentence, preceding"bIennIally" inserted "at least"; and rewrote the secondsentence, which previously read: "The salary shall beapportioned according to the assessed property valuation ofeach Judicial district comprising the administrative district,and that amount shall be apportioned to the countiescomprising the judicial district according to the assessedproperty valuation of each county"; and, in the firstsentence of subsec. (e), substituted "administrative region"for "administrative district".

This section was also amended by Acts 1987, 70th Leg.,ch. 148, § 2.93(a); pursuant to § 5.01(d) of said Act,however, the amendment did not take effect.

The 1991 amendment, in subsec. (b), increased themaximum salary from SIO,OOO to SI8,000; and rewrotesubsecs. (c) and (d), which formerly read:

*45373 U(c) A presiding judge who is a retired district orappellate judge and presides over an administrative regionwith 40 or more district courts or statutory county courts isentitled to an annual salary of not less than $5,000 a yearnor more than the following amount, according to the

Page 16

number of those courts In the administratIve regIon'

"Number of Courts and Judges

"40 to S9

"60 to ~9

"80 or ,,-ore

"(d) The counctl of judges shall set the salarIes under

Subsection (c) at least biennially by majority vote. Thesalary shall be apportioned to each county to the regIonaccording to the population of the counties comprISIng theregion."

Prior Laws:Acts 1927, 40th Leg., p. 228, rh. 156.Acts 1967, 60th Le3., p. 1167, cn. 520, § I.Acts 1969,61 st Leg., p. 1984, ch. 674, § I.Acts 1971, 62nd Leg., p. 2818, ch. 919, § I.Acts 1975, 64th Leg., p. 1193, ch. 450, § 2.Acts 1981, 67th Leg., p. 543, ch. 224, § 1.Acts 1981, 67th Leg., p. 600, ch. 238, § I.Acts 1983, 68th Leg., p. 4563, ch. 759, § 1.Vernon's Ann.Civ.St. art. 200a, § II.

Derivation:Acts 1985, 69th Leg., ch. 480, § I.Acts 1985, 69th Leg., ch. 698, §§ 1,2.Acts 1985, 69th Leg., ch. 732, § 2.Acts 1987, 70th Leg., ch. 148, § 2.93(b)(4).Acts 1987, 70th Leg., ch. 229, § 2.Acts 1987, 70th Leg., ch. 674, §§ l.05,2.14.Vernon's Ann.Civ.St. art. ZOOa-l, § 4.01 \.V.T.C.A. Government Code, § 74.018.

REFERENCES

CROSS REFERENCES

Assignment of judges of statutory probate courts, seeV.T.C.A., Government Code § 25.0022.

Funding for facilities of administrative judicial regIons,applicability of this section, see VTCA ..Government Code § 74.043.

LIBRARY REFERENCES

1998 Main Volume

Judges~22.

WESTLAW Topic No. 227.c.J.S. Judges § 75.

Copyright (c) West Group 2~ No claim to original U.S. Govt. works

,-'VVf

125

DALLAS COUNTYOFFICE OF BUDGET AND EVALUATION'

00 GEC -s p~ 3~ 58

November 28, 2000

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

Phil Scheps fJ/? JBudget Officer \: '. J

Ryan Browll)Senior BUd~-& Policy Analyst

Equipment for Sheriff's Offic\2 Weights andf\.~~asures Deputies

BackgroundAs part of the FY200lBudget Commissioners Court authorized the Sheriffs Office to expand theirWeights and Measures program from one corporal and 3 deputies to one corporal and 5 deputies. Thisexpansion was recommended since it was anticipated to produce revenue in excess of its cost. TheCounty Auditor's Office certified $223,000 in revenue and the Office ofBudget and Evaluation added$153,924 in expenditures related to the weights and measures expansion. The purpose of this briefmg isto provide Commissioners Court with a recommendation concerning additional equipment needed for theweights and measures expansion and to review the self-liquidating nature of the request.

Operatiggal ImpactAs part of the FY2001 Budget process the Sheriffs Office submitted a cost worksheet that requestedfunding for $120,134 in equipment but did not include a detailed list of equipment needed. The Office ofBudget and Evaluation budgeted some equipment but failed to budget all the equipment needed.Without the requested equipment listed on Attachment A, the Sheriffs Office weights and measuresdeputies will not be able to adequately perform their duties.

The Sheriffs Office has not hired the two deputies authorized as part of the expansion and does notanticipate hiring them until the equipment arrives and is installed. Since the expansion will not startuntil March, the Sheriffs Office will not attain the revenue target nor will it expend all of the approvedappropriations. The Office ofBudget and Evaluation expects that the weights and measures expansionwill produce 5120,000 in revenue and expenditures will be $140,000 in FY2001. As a result QftbeaQditignalequipmcmt and the de1aYmmn-up gftbe expansion. the prQmm will have a net CQst Qf$20.000 iofY2001 rather tbantben;trevmue of $62·076 that waaestimaled when the W2WlT1 wasapprgyed, However, it is anticipated that the expansion will produce a net revenue of $160,000 annuallybeginning in FY2002.

Flg.gelallmPIIdThe requested equipment will cost $49,946 and will require funding from Unallocated Reserves.

RecommegdatiogThe Office ofBudget and Evaluation recommends that the Commissioners Court authorize the Sheriff'sOffice to purchase the equipment listed on Attachment A.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340(214) 653-6384. Fax (214) 653-6517 • [email protected]

126Attacnmem A

Sheriff Patrol Weights & Measures UnitRecommended Transfers and Equipment

Transfer From:00120.9950.09110

Transfer To:00120.3270.0209000120.3270.0861000120.3270.0852000120.3270.08630

Recommended EquiJHDjlOt

Unallocated Reserves

Property under $500 (listed below)Special Equipment (listed below)Two-Way Radios (listed below)Computer Hardware

Sub-Total

3,70520,1416,100

2.QQOO49.946

Push Bumpers (2)Vehicle markingsSirens (2)Flashlights (4)Consoles (2)Measuring Pole (2)Tint Meters (2)Laser Radar units (2)Light bar (2)Scale Racks (2)Scales (2)Installation ChargeMobil RadioMobile Data Computers (2)

20902090209020902090209020908610861086108610852085208630

450570790440800355300

6,6001,4002,000

10,1412,4003,700

2MOO49,946

127

December 12, 2000

MISCELLANEOUS

1) NATIONAL ASSOCIATION OF COUNTIES - requests payment of2001Membership Dues for January 1,200I-December 31,2001 in the amount of$34,487.Funding is available from Countywide Dues.& Subscriptions.

2) FAC;lLITIES MANAGEMENT - requests approval to repave the drive at theWilmer Substance Abuse Facility. The existing pavement is broken and cannot berepaired. Funding for this project is available in the SubstanceAbuse FacilityEscrowAccount, (00532.0000.21317). Recommended by the Office of Budget andEvaluation.

3) CHIEF CRIMINAl" MAGISTRATE (fA'ITIBSON) - requests authorization todouble fill a Magistrate position for the three weeks and four days (150 hours) ofbenefit runoff following the retirement of Judge William Ridgeway. No cosdesspractical alternative to a double fill exists. Double filling the Magistrate position forthree weeks and four days will cost $6,601. Recommended by the Office ofBudgetand Evaluation.

(pLEASE REFER TO INFORMATION ITEM H)

4) BALIB" BIJMANSlRVI<;;;IS - requests authorization for the County Auditorto establish an escrow account for the Tattoo Removal program. Revenue receivedfrom the individuals requesting a tattoo be removed will be deposited to this accountfor the purpose ofpurchasing supplies and equipment solely related to the program.It is estimated that approximately $1,500 per month will be deposited into theaccount. Recommended by the Office ofBudget and Evaluation.

128

5) ELECTIONS DEPARTMENT - requests permission to transfer $173,334 fromUnallocated reserve to the Elections Department, (00120.1210.06520.2001) for the1st year maintenance (Licensed Programs, License Fees, SupportlMaintenance Fees)on a four-year maintenance contract included in the purchase of the Election VoterRegistration Elections Management System purchased under RFP 97-296 fromElectronic Systems and Software. The purchase and maintenance contract wasapproved under Court Order 98-1445 on July 28, 1998. The maintenance cost wasinadvertently not requested and left out in the Election Department's FY200 1budget.Recommended by the Office of Budget and Evaluation.

6) PLANNING & DEVELOPM~NT - recommends:

a) amending 100% real property tax abatement for the Kirby Building indowntown Dallas to include 1500-1508 Elm Street; these parcels, whichcontain about 15,000 square feet, became the site of the project's $2 millionparking garage which was an essential part ofthis project and which had to beredesigned after the original abatement was approved in 1998. The City ofDallas excluded this property last year from the City Center TIF District soamending the County's abatement to include these parcels will not adverselyaffect this TIF district's projected revenues.

b) amending the tax abatement for Atmel in Irving so that the abatement, whichwill abate 65% of the real/personal property increase for the first five yearsand 15% for the last five years, will start a year earlier (January 1,2001) andend a year earlier (December 31,2010), so that the required 1,000-employeelevel will be phased-in over a four-year, instead ofa two-year, period, and sothat the required tax base increase is reduced from $500 million to $150million to reflect Atmel's current operating plans. These proposed change areconsistentwith the County's abatement policy and will still result in the Atmelproject being one ofthe largest in which the County has been asked to provideassistance.

c) amending the interlocal agreement wiht the City ofDeSoto for the Ten MileCreek/Roy Orr Trail Project so that the City, which is responsible for acquiringthe land needed for the project, can utilize the County's existing indefinitequantity contract for property acquisition services.

I,

129

TRAVEL REQVESTS

7)

8)

SHERIFF'S DEfARIMENI - Pat Fassett - Texas Commission on LawEnforcement Officer Standards and Education Quarterly Meetings - Huntsville, TXDecember 15,2000 in Countyvehicle with gas creditcard(s) and no other expenseto Dallas County.

STAFF - Kristin Branam and Craig Pardue - Texas Legislative Service ComputerTraining - Austin, TX - January 4, 2001 and January 3, 2001: $270 from GeneralFun~ Commissioners Court Department, Legislative Travel Account, FY2001Budget, (00120.1020.04110.2001).

MISCELLANEOUS EOWMENT

1) DEPARTMENT: 3140ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

2) DEPARTMENT: 1022ITEMS:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

Sheriff's Office (Detention Services)2 - Secretary desks with typing returns$960Contingencies, Furniture &. Equipment001ZO,31t1Q,0209Q.20QI (<;lenend Fund,Detention Smiee Pmwtv YDdm- $~OQ.

FY2QDl)Sheriff's Office Detention Services requestsauthorization to replace two secretary desks thatno longer provide the work: space needed.Recommended by the Office of Budget andEvaluation.

Facilities Management / Public Service Pro8I'8Dl1- network: cable connection$7,100General Fund Unallocated ReserveOQ120,1022.08<iaQ.2OQl(GegralFund. FacilitiesMaDI&emenl, Compyter Hardlyore, FYZOQ1)

3)

4)

PROPOSED ACTION::

DEPAR~NT: 2540ITEMS:ESTIMATED COST:FUNDING SOURCE:

EXPENDITURE SOURCE:

PROPOSED ACTION:

DEPAR~NT: 4060ITEMS:

ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

130

Facilities Management has requested a networkconnection between the Public Service Programoffice and the County's network. The PublicService Program office has been relocated to 4845Harry Hines which has no network access. Thecomputer system used to track work done byclients requires an interface with other Countysystems. Recommended by the MIS Director.

Road and Bridge District #45 - radio receivers$865Communications and Central Services, NewProgram Contingency00 I05-2540.086IO.2QOl(Road aud Bridie Fund,Road aud· Bridie #4, Special EQ.Uipment.FY200I)Road and Bridge District #4 request approval topurchase 5 radios to replace the ones stolen fromCounty vehicles. Recommended byCommunications and Central Services.

Jury Services2 - Secretarial Chairs1 - Executive Chair$550Contingencies, Furniture & Equipment00 120.406Q.Q2Q90.2QQl (Gensrral Fund, JuryServicsrs, PrQPS31Y Lsrs§ thAD SSQQ, FY2001)Jury Services is requesting to replace one stolenchair and two broken chairs. A secretarial chairhas been stolen from the jury room at the HenryWade Juvenile Justice Center. A report has beenfiled with Building Security, but the chair has notbeen located. Facilities has attempted to repair asecretarial chair at George Allen and an executivechair at Frank Crowley, but neither chair can beproperly repaired. Recommended by the Officeof Budget and Evaluation.

5) DEPART?vfENT: 4609ITEM:ESTIMATED COST:FUNDING SOURCE:EXPENDITURE SOURCE:

PROPOSED ACTION:

131

County Criminal Court #9Lanier court reporter transcriber and recorder$4,018Contingencies, Furniture and Equipment00120.4609.8610.2001 (General Fund, CountyCriminal Court #9, Special Eguipment, FY2001)Judge Keith Anderson, County Criminal Court#9, requests authorization to replace the courtreporter transcriber and recorder in his court.These items were approved for replacement inFY2000 but could not be purchased in time tohave the purchase credited to that year. Theequipment was damaged during a flood..Recommended by the Office of Budget andEvaluation.

TELECQ~~CA]1QNS

Telecpmmogicationl M-oOII056 - requests to perfonn traffic studies the weeks ofDecember 11-15 and January 8-12 to measure the trunking needs ofthe Tax Office duringpeak period. Installation: $1,000; no monthly service increase, Recommended.

SheritIfrpRCrtY Evid,gce M-0012002 - requests to install a single-line to be used with afax. Installation: $31.50; no monthly service increase. Recommended.

Hpysehpld RaHrdQls Wllte M-0012001 - requests to install a new line to relocateManager's phone. Installation: $41.37; no monthly service increase. Recommended.

Funding for the above request is available from countywide Department 800, line item 432,Telephone Contingency.

Pagers

Eglin"rigl " Prgject Manal,m,gt M-oOII048 - requests to provide a pager for a newEngineer. Monthly service increase: $2.88. Recommended.

H,alth" Romag Seryjc. M-OOII055 - requests to provide a pager for the BuildingServices Manager. Monthly service increase: $2.88. Recommended.

Pagers are funded by the requesting department unless otherwise indicated.