September 13, 2011

Transcription

September 13, 2011

NOTICE OF A REGULAR MEETING
OF THE GOVERNING BODY
OF THE CITY OF MIDLOTHIAN, TEXAS
Tuesday, September 13, 2011
Pursuant to the provisions of Chapter 551 VTCA Government Code, notice is hereby given of a
Regular Meeting of the Midlothian City Council, to be held in the Council Chambers of City Hall,
104 West Avenue E, Midlothian, Texas
REGULAR AGENDA – 6:00 P.M.
Call to Order, Invocation and Pledge of Allegiance
2011-348 Announcements/Presentations
a. Community Affairs calendar
b. Administrative announcements related to personnel
CONSENT AGENDA
All matters listed under Consent Agenda are considered to be routine by the City Council and
will be enacted by one motion without separate discussion. If discussion is desired, that item
will be removed from the Consent Agenda and will be considered separately.
2011-349
Consider and act upon minutes from City Council meeting of August 23, 2011
2011-350
Consider and act upon authorizing the Mayor to execute a certification letter to the
Office of the Texas Attorney General stating that the City of Midlothian Impact Fee
Program is in compliance with Texas Local Government Code, Chapter 395
PUBLIC HEARING
2011-351
Conduct a public hearing and act upon an ordinance for the proposed FY 2011-2012
Annual Operating Budget/Service and Assessment Plan for the City of Midlothian
Public Improvement District Number One (MidTowne PID), as established by
Ordinance 2008-28, as authorized by Chapter 372 of the Texas Local Government
Code (Case No. M13-2010-63)
2011-352
Conduct a public hearing regarding the proposed FY 2011-2012 Annual Operating
Budget for the City of Midlothian and act upon an ordinance adopting the FY 20112012 Annual Operating Budget and plan for municipal services for the ensuing
fiscal year beginning October 1, 2011 and ending September 30, 2012, in
accordance with Local Government Code §102; appropriating money to a Sinking
Fund to pay interest and principal on the City’s indebtedness; appropriating the
various amounts thereof; repealing conflicting ordinances and resolutions; including
a severability clause and establishing an effective date
REGULAR AGENDA
2011-353
Citizens to be heard
2011-354
Consider and act upon an ordinance, by record vote of the City Council of the City of
Midlothian, Texas, levying and assessing municipal ad valorem taxes for the City of
Midlothian, for the fiscal year 2011-2012, at $0.272313 for Maintenance and
Operations and $0.377687 for Interest and Sinking Funds, for a total of sixty-five
cents ($0.65), specifically for the purpose for which said taxes may be expended and
directing the assessment and collection thereof; repealing conflicting ordinances and
resolutions; including a severability clause and establishing an effective date
2011-355
Consider and act upon an ordinance of the City of Midlothian, Texas, providing for a
seventy thousand dollar ($70,000) residential homestead exemption for persons sixtyfive years of age or older from all ad valorem taxes hereafter levied and providing an
exemption for disabled veterans based upon the degree of their disability; repealing
conflicting ordinances and resolutions; including a severability clause and establishing
an effective date
2011-356
Consider and act upon authorizing Amendment No. Two to the agreement for
Construction Manager at Risk Services for Water Treatment Plant No. 2 with Garney
Companies, Inc. to procure equipment from Siemens Water Technologies Corporation
for a membrane system in a total amount not to exceed $2,337,120
2011-357
Consider and act upon an amendment to the Retail Water Service Area Agreement
with Mountain Peak Special Utility District for the transfer of certain Certificate of
Convenience and Necessity (CCN) areas
2011-358
Consider and act upon approval of a proposal to replace the fence and lighting at
Kimmel Park in an amount not to exceed $57,000
2011-359
Consider and act upon awarding a month-to-month rental agreement to Documation
Business Technology Integration, for the monthly rental of fifteen multi-purpose
copier/scanner/fax and printers utilizing the U.S. Communities Cooperative
Purchasing Program, in the amount of $4,869 monthly
2011-360
Consider and act upon a request to write off aged accounts receivable EMS ambulance
billings older than nine months in accordance with established policy
EXECUTIVE SESSION
Executive Session items are discussed in closed session but any and all action is taken in regular
open session. Executive Session is not open to the public because there is a compelling need of
confidentiality (e.g., certain real estate, litigation, or personnel matters).
1.
Section 551.072
Real Estate: Deliberate and consider the acquisition of real property
necessary for roadway, utility and parks improvement projects
2.
Section 551.071
Legal: Consultation with attorney regarding City of Midlothian v.
Randall Denton, MidTexas International Center, Inc., Texas Properties
Trust and Trade Zone Operations, Inc.
3.
Section 551.071
Legal: Consultation with attorney regarding Cause No. 3-07-CV-1351-N,
Texas Central Business Lines Corporation v. City of Midlothian
4.
Section 551.071
Legal: Consultation with attorney regarding Cause No. 3:10-cv-01521K, Paul Nichols v. City of Midlothian
5.
Section 551.087
Deliberation regarding economic development negotiations
6.
Section 551.071
Legal: Consultation with attorney regarding Supreme Court of Texas
Cause No. 10-0150, ECOM Real Estate Management, Inc. v. City of
Midlothian, Texas.
7.
Section 551.071
Legal: Consultation with attorney based on an ethical duty to advise
regarding Cause No. 66,519; Holnam Texas Limited Partnership vs. Ellis
Central Appraisal District, et al
8.
Section 551.071
Legal: Consultation with attorney regarding Cause No. 74,681; City of
Midlothian v. Corgan Associates, et al
9.
Section 551.072
Real Estate: Deliberation regarding real property - to deliberate the
purchase, exchange, lease or value of real property
10. Section 551.074
Personnel Matters: (a)(1) to deliberate the appointment, employment or
duties of the Executive Director of the Corporation for the Economic
Development of Midlothian
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice from
the City Attorney on any agenda item listed herein.
REGULAR AGENDA
2011-361
Action resulting from Executive Session, Item #1: Real Estate/Roadway, Utility and
Parks
2011-362
Action resulting from Executive Session, Item #2: Randall Denton, et al
2011-363
Action resulting from Executive Session, Item #3: Texas Central Business Lines
2011-364
Action resulting from Executive Session, Item #4: Paul Nichols
2011-365
Action resulting from Executive Session, Item #5: Economic Development
2011-366
Action resulting from Executive Session, Item #6: ECOM
2011-367
Action resulting from Executive Session, Item #7: Holnam
2011-368
Action resulting from Executive Session, Item #8: Corgan
2011-369
Action resulting from Executive Session, Item #9: Real Estate
2011-370
Action resulting from Executive Session, Item #10: Personnel
2011-371
Action resulting from Executive Session related to Section 551.071(2)
2011-372
Adjourn
I, Tammy Varner, Deputy City Secretary of the City of Midlothian, Texas, do hereby certify that
this Notice of Meeting was posted on the front window of City Hall, 104 West Avenue E,
Midlothian, Texas, at a place readily accessible to the general public at all times, no later than
the 9th day of September, 2011 at or before 5:00 p.m.
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for reasonable accommodations must be made 48 hours prior to this meeting.
Please contact the City Secretary at 775-3481 for further information.
AGENDA ITEM 2011- 349
AGENDA CAPTION:
Consider and act upon minutes from City Council meeting of August 23, 2011
ITEM SUMMARY/BACKGROUND:
Minutes from the August 23 Council meeting are submitted for approval or correction
SPECIAL CONSIDERATION:
N/A
FINANCIAL IMPACT/FUNDING SOURCE:
N/A
ATTACHMENTS:
1. Minutes from Regular Council meeting of August 23, 2011
ALTERNATIVES:
Approve or correct
RECOMMENDATION:
Approve as submitted
SUBMITTED AND TO BE PRESENTED BY:
Lou Jameson, City Secretary, for the September 13, 2011 City Council Meeting
REVIEWED BY:
APPROVED BY:
MINUTES
REGULAR COUNCIL MEETING
AUGUST 23, 2011
The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers
of City Hall, 104 West Avenue E, with the meeting open to the public and notice of said meeting
posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members
present to-wit:
Boyce L. Whatley
§
Mayor
Wayne Sibley
§
Councilmember Place 1
Bill Houston
§
Jason Kyle
§
Joe Frizzell
§
Mayor Pro Tem Place 4
Hank Miller
§
Steve Massey
§
REGULAR AGENDA – 6:00 P.M.
Mayor Whatley called the meeting to order at 6:00 p.m. with notice of the meeting duly posted and
the full Council present. Councilmember Massey gave the invocation and led in the pledges.
2011-327 ANNOUNCEMENTS/PRESENTATIONS
a. Community Affairs calendar
Motorists urged to drive cautiously in school zones; August 25 – Ribbon Cutting Ceremony at
Hawkins Spring picnic/restroom pavilion; August 27 – Downtown Farmers Market; August 31 –
Congressman Barton legislative update at Chamber luncheon; free mulch offered at Water Tower #2.
b. Constitution Week proclamation
Daughters of the American Revolution representative Carol Hall, Old Chisholm Trail Chapter,
accepted the Proclamation upholding the ideals of the Constitution.
c. Police Department recognition of Terry Williams, Utility Maintenance
Foreman, Public Works Department
Chief Smith presented certificates of appreciation to Terry Williams, Frank Miller, and Amy Calder
for invaluable service and efforts outside their routine duties.
d. FY 2011-2012 Budget presentations by Midlothian Senior Center and
Midlothian Community Development Corporation
Director Karen Cox presented the Senior Center budget; no increases were requested. Chairman
Tami Tobey presented the MCDC budget; no material changes or increases requested.
e. Administrative announcements related to personnel
None were received
CONSENT AGENDA
2011-328
CONSIDER AND ACT UPON MINUTES FROM CITY COUNCIL MEETING
OF AUGUST 9 AND JOINT CITY COUNCIL/UTILITY ADVISORY BOARD
MEETING OF AUGUST 9, 2011
2011-329
CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE MIDLOTHIAN INDEPENDENT SCHOOL DISTRICT (“MISD”) 2011 HOMECOMING
PARADE, AN EVENT HOSTED BY THE MISD, SCHEDULED FOR FRIDAY,
SEPTEMBER 23, 2011, IN ACCORDANCE WITH A SPECIAL EVENT PERMIT
AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE
89-13 AS AMENDED, SECTION 4.4 (CASE NO. RES19-2010-61)
Item 2011-329 was moved to the Regular Agenda at the request of Councilmember Kyle.
Councilmember Sibley moved to approve the amended Consent Agenda. Motion was seconded by
Councilmember Massey and carried unanimously (7-0).
REGULAR AGENDA
2011-329
CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE MIDLOTHIAN INDEPENDENT SCHOOL DISTRICT (“MISD”) 2011 HOMECOMING
PARADE, AN EVENT HOSTED BY THE MISD, SCHEDULED FOR FRIDAY,
SEPTEMBER 23, 2011, IN ACCORDANCE WITH A SPECIAL EVENT PERMIT
AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE
89-13 AS AMENDED, SECTION 4.4 (CASE NO. RES19-2010-61)
Staff advised that it was standard practice to waive fees for non-profits for community activities.
Councilmember Kyle moved to approve Item 2011-329 as presented. Motion was seconded by
Councilmember Miller and carried unanimously (7-0).
WORKSHOP
2011-330
RECEIVE A ZONING ORDINANCE UPDATE AND DIRECT STAFF
ACCORDINGLY
Mr. Garfield provided a brief overview of the one-year effort to make the document more userfriendly, consolidate and clarify regulations, and incorporate legislative changes.
There was consensus to by Council to review the proposed changes, submit questions, concerns, and
suggestions to staff and then continue the Workshop and discussion on September 27.
PUBLIC HEARING
2011-331
CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE AMENDING THE CITY OF MIDLOTHIAN COMPREHENSIVE PLAN
ORDINANCE 2007-15, AS AMENDED, REVISING SECTION 10 (ECONOMIC
DEVELOPMENT), AND, ANY OTHER CORRESPONDING DELETIONS OR
CHANGES TO VARIOUS SECTIONS AND SUBSECTIONS; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE (CASE NO. CP02-2010-46)
Mayor Whatley opened the Public Hearing and Ryan Spencer recapped economic development goals
and objectives, leadership responsibilities and supporting roles reflected in the updated document.
With no public input received, Mayor Whatley closed the Public Hearing.
Councilmember Sibley moved to approve Item 2011-331 as presented. Motion was seconded by
Councilmember Kyle and carried by a vote of 6-1 with Councilmember Miller opposed.
2011-332
CONDUCT A PUBLIC HEARING REGARDING THE PROPOSED FY 20112012 ANNUAL OPERATING BUDGETS FOR THE CITY OF MIDLOTHIAN
Mayor Whatley opened the Public Hearing and Chris Dick presented one change amending the public
safety step plan discussed at a previous meeting. With no public input received, Mayor Whatley
closed the Public Hearing. The second Public Hearing and vote were scheduled for September 13.
REGULAR AGENDA
2011-333 CITIZENS TO BE HEARD
None were received.
2011-334
CONSIDER AND ACT UPON AUTHORIZING AMENDMENT NO. 2 TO THE
AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR
WATER TREATMENT PLANT NO. 2 WITH GARNEY COMPANIES TO
PROCURE EQUIPMENT FROM SIEMENS WATER TECHNOLOGIES CORP.
2011-334 FOR A MEMBRANE SYSTEM IN A TOTAL AMOUNT NOT TO EXCEED
(cont’d)
$2,337,120
The Item was withdrawn at the request of staff and will be scheduled at a later date.
2011-335
CONSIDER AND ACT UPON APPROVAL OF THE PURCHASE AND
INSTALLATION AT THE NEED CENTER OF TWO (2) SURGARD SYSTEM I
ALARM RECEIVERS WITH ASSOCIATED HARDWARE AND SOFTWARE
IN AN AMOUNT NOT TO EXCEED $32,000
Chief Schrodt presented the request to replace antiquated equipment that often resulted in delayed
emergency response and missed alarms. The proposed equipment would have telephone and IP
capability and high-tech software to quickly display alarm information on dispatch monitors.
Mayor pro tem Frizzell moved to approve Item 2011-335 as presented. Motion was seconded by
Councilmember Miller and carried unanimously (7-0).
2011-336
REVIEW, DISCUSS AND PROVIDE RECOMMENDATIONS TO STAFF AS
APPROPRIATE REGARDING A PROGRAM TO RECOGNIZE AND REWARD
CITY OF MIDLOTHIAN EMPLOYEES
Mr. Hastings presented ideas to bolster employee morale and express appreciation. Mentioned were:
Kudo Korner, employees recognized by Council, City Manager thank you cards, Bright Idea rewards,
gift cards, and Hall Passes redeemable for ½ day off work with pay.
Council moved to Executive Session at 8:10 p.m. for the purpose of discussing Items 1, 7, and 9, with
the following present: Mayor Whatley, Mayor pro tem Frizzell, Councilmember Sibley, Houston,
Kyle, Miller, Massey; City Manager, City Attorney
EXECUTIVE SESSION
1.
SECTION
551.072
REAL ESTATE: DELIBERATE AND CONSIDER THE ACQUISITION
OF REAL PROPERTY NECESSARY FOR ROADWAY, UTILITY AND
PARKS IMPROVEMENT PROJECTS
2.
SECTION
551.071
LEGAL: CONSULTATION WITH ATTORNEY REGARDING CITY OF
MIDLOTHIAN V. RANDALL DENTON, MIDTEXAS INTERNATIONAL
CENTER, INC., TEXAS PROPERTIES TRUST AND TRADE ZONE
OPERATIONS, INC.
3.
SECTION
551.071
LEGAL: CONSULTATION WITH ATTORNEY REGARDING CAUSE
NO. 3-07-CV-1351-N, TEXAS CENTRAL BUSINESS LINES
CORPORATION V. CITY OF MIDLOTHIAN
4.
SECTION
551.071
NO. 3:10-CV-01521-K, PAUL NICHOLS V. CITY OF MIDLOTHIAN
5.
SECTION
551.087
DELIBERATION
NEGOTIATIONS
6.
SECTION
551.071
LEGAL:
CONSULTATION WITH ATTORNEY REGARDING
SUPREME COURT OF TEXAS CAUSE NO. 10-0150, ECOM REAL
ESTATE MANAGEMENT, INC. V. CITY OF MIDLOTHIAN, TEXAS.
7.
SECTION
551.071
LEGAL: CONSULTATION WITH ATTORNEY BASED ON AN
ETHICAL DUTY TO ADVISE REGARDING CAUSE NO. 66,519;
HOLNAM TEXAS LIMITED PARTNERSHIP VS. ELLIS CENTRAL
APPRAISAL DISTRICT, ET AL
8.
SECTION
551.071
NO. 74,681; CITY OF MIDLOTHIAN V. CORGAN ASSOCIATES, ET AL
REGARDING
ECONOMIC
DEVELOPMENT
LEGAL: CONSULTATION WITH ATTORNEY REGARDING COURT
OF APPEALS CAUSE NO. 10-09-00145-CV; KEN HALVERSON AND
KEN-DO CONTRACTING, L.P. V. CITY OF MIDLOTHIAN, CITY OF
WAXAHACHIE AND MIDLOTHIAN-WAXAHACHIE AIRPORT
BOARD
AS AUTHORIZED BY SECTION 551.071(2) OF THE TEXAS GOVERNMENT CODE, THIS
MEETING MAY BE CONVENED INTO CLOSED EXECUTIVE SESSION FOR THE
PURPOSE OF SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY
ATTORNEY ON ANY AGENDA ITEM LISTED HEREIN.
Council reconvened in Regular Session at 8:30 p.m. with no action taken in Executive Session.
9.
SECTION
551.071
REGULAR AGENDA
2011-337
ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #1:
ESTATE/ROADWAY, UTILITY AND PARKS
No action was taken following Executive Session.
REAL
2011-338
ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #2: RANDALL
DENTON, ET AL
The Item was not discussed nor was action taken.
2011-339
ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #3: TEXAS
CENTRAL BUSINESS LINES
2011-340
ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #4:
NICHOLS
PAUL
2011-341
ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #5: ECONOMIC
DEVELOPMENT
2011-342 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #6: ECOM
2011-343 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #7: HOLNAM
2011-344 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #8: CORGAN
2011-345 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #9: HALVERSON
2011-346
ACTION RESULTING FROM EXECUTIVE SESSION RELATED TO SECTION
551.071(2)
2011-347 ADJOURN
With there being no further business to discuss, Mayor Whatley adjourned the meeting at 8:30 p.m.
ATTEST:
_____________________________
Boyce L. Whatley, Mayor
______________________________
Lou Jameson, City Secretary
AGENDA ITEM 2011-350
AGENDA CAPTION:
Consider and act upon authorizing the Mayor to execute a certification letter to the Office of the
Texas Attorney General stating that the City of Midlothian Impact Fee Program is in compliance
with Texas Local Government Code, Chapter 395
Chapter 395.082 of the Local Government Code requires cities with impact fee programs to
provide annual written certification of local compliance with Chapter 395.
Based on available information, staff finds that the City’s impact fee program is in compliance
with the requirements of Chapter 395.
The attached draft letter from the Mayor to the Office of the Attorney General certifies this
compliance.
SPECIAL CONSIDERATION/ FINANCIAL IMPACT:
Chapter 395.082(c) includes the following sanction or penalty for cities that fail to self-certify
the compliance of their impact fee programs as required by Ch. 395.082: A political subdivision
that fails to submit a certification as required by this section is liable to the state for a civil
penalty in an amount equal to 10 percent of the amount of the impact fees erroneously charged.
ATTACHMENTS:
1. Proposed Certification Letter from Mayor
ALTERNATIVES:
1. Approve letter for Mayor’s signature
2. Table action to no later than September 23, 2011
RECOMMENDATION / FINDINGS:
The attached proposed Certification Letter complies with Texas Local Government Code,
Chapter 395.
REVIEWED AND PRESENTED BY:
John A. Garfield, AICP, Planning Director for the September 13, 2011 Council Meeting
REVIEWED BY:
APPROVED BY:
E-mail: bwhatley@midlothian.tx.us
Boyce L. Whatley
Mayor
September 8, 2011
The Honorable Greg Abbott
Texas Attorney General’s Office
Attn: Intergovernmental Relations Division
P.O. Box 12548
Austin, Texas 78711-2548
Re: Certification of Impact Fee Program Compliance
Dear Attorney General Abbott:
In accordance with Section 395.082 of the Local Government Code, this letter shall serve
as written certification that the City of Midlothian Impact Fee Program is in compliance with the
requirements as set forth in Chapter 395 of the Texas Local Government Code.
Sincerely,
Boyce L. Whatley
Mayor
/kh
cc:
Don Hastings, City Manager
Midlothian City Hall, 104 W. Avenue E, Midlothian, TX 76065
(972) 775-3481
AGENDA CAPTION:
Conduct a public hearing and act upon an ordinance for the proposed FY 2011-2012 Annual
Operating Budget/Service and Assessment Plan for the City of Midlothian Public Improvement
District Number One (MidTowne PID), as established by Ordinance 2008-28, as authorized by
Chapter 372 of the Texas Local Government Code (Case No. M13-2010-63)
BACKGROUND INFORMATION:
The City Council passed Ordinance 2008-28 on May 27, 2008, establishing the City of
Midlothian Public Improvement District Number One (MidTowne PID).
As authorized by Chapter 372 of the Texas Local Government Code, the City Council shall
adopt an Annual Operating Budget/Service and Assessment Plan for the City of Midlothian
Public Improvement District Number One (MidTowne PID).
Advertisement of this agenda item appeared in the Thursday, August 25, 2011 edition of the
Midlothian Mirror.
FINANCIAL INFORMATION:
The proposed budget has a total operating cost of $10,990 for fiscal year 2011-2012. Property
assessment shall be levied annually on three (3) classifications of property using an assessment
methodology based on the appraised value of the lot and all improvements located thereon (as
determined by the Ellis Central Appraisal District). The proposed budget shall have the
following assessment:
1. $0.00 for unplatted property; and,
2. $0.12 per $100 of appraised value for residential lots of record; and,
3. $0.07 per $100 of appraised value for non-residential lots of record.
Based on appraisals from Ellis CAD, projected revenues are approximately $3,818 with
projected expenses at approximately $10,990 leaving a deficit of $7,172 during the fiscal year.
Any deficit will be incurred by the developer.
ATTACHMENT
1. Proposed FY 2011-2012 Annual Operating Budget/Service and Assessment Plan for the City
of Midlothian Public Improvement District Number One (MidTowne PID),
2. News Notice for Public Hearing
3. PON’s received (None)
4. Proposed Ordinance
RECOMMENDATION:
Staff recommends approval of the FY 2011-2012 budget for the MidTowne Public
Improvement District (PID), as attached.
SUBMITTED AND PRESENTED BY:
John A. Garfield, AICP, Planning Director for the Tuesday, Sept. 13, 2011 Council Meeting
REVIEWED BY:
APPROVED BY:
CITY OF MIDLOTHIAN
405 - MIDTOWNE PID
SPECIAL REVENUE FUNDS
This fund was established to account for revenues and expenditures associated with the MidTowne Public
Improvement District (PID). The MidTowne PID was established by Ordinance 2008-28 as part of the MidTowne
Planned Development District (PD-42) to fund improvements and/or services undertaken by the district (as a
supplement to the standard existing level of city improvements and/or services) for the benefit of property owners
residing and operating within the district.
STRATEGIC PLAN
BASE BUDGET
FUND DETAIL
$
-
$
-
$
1,552
$
% CHANGE
FROM PY
ADOPTED
4,501
0%
$
$
$
$
$
1,552
1,552
$
$
$
$
$
2,448
2,448
$
$
$
$
$
2,018
865
63
2,946
$
$
$
$
$
3,818
3,818
-100%
0%
0%
0%
56%
$
$
$
$
$
7,943
7,943
$
$
$
$
$
12,697
12,697
$
$
$
$
$
23,798
23,798
$
$
$
$
$
38,390
38,390
$
$
-
$
$
-
$
$
3
3
$
$
-
-
-
0%
0%
$
$
-
$
$
-
$
$
-
$
$
-
1,552
$
2,448
$
2,949
$
3,818
56%
$
7,943
$
12,697
$
23,798
$
38,390
$
$
$
-
$
$
$
9,900
9,900
$
$
$
-
$
$
$
8,190
8,190
-17%
0%
-17%
$
$
$
11,350
900
12,250
$
$
$
15,100
2,550
17,650
$
$
$
20,800
5,250
26,050
$
$
$
22,300
6,000
28,300
$
$
$
$
$
-
$
$
$
$
$
1,200
750
1,100
3,050
$
$
$
$
$
-
$
$
$
$
$
400
1,000
1,000
400
2,800
-67%
0%
33%
-64%
-8%
$
$
$
$
$
700
1,000
1,750
700
4,150
$
$
$
$
$
900
1,000
2,750
1,100
5,750
$
$
$
$
$
1,200
1,750
3,750
1,500
8,200
$
$
$
$
$
1,350
2,000
4,000
1,900
9,250
TOTAL CURRENT EXPENDITURES $
-
$
12,950
$
-
$
10,990
-15%
$
16,400
$
23,400
$
34,250
$
37,550
840
CLASSIFICATION
BEGINNING FUND BALANCE
ACTUAL ADOPTED ACTUAL PROPOSED
2009-2010 2010-2011 2010-2011 2011-2012
PROJECTED PROJECTED PROJECTED PROJECTED
2012-2013
2013-2014
2014-2015
2015-2016
$
(2,671) $
(11,128) $
(21,831) $
(32,283)
CURRENT REVENUES
5100 TAXES
5111 Ad Valorem
5112 Delinquent
5115 Penalty/Interest
5117 Assessment
5600 OTHER REVENUES
5610 Interest
TOTAL CURRENT REVENUES $
CURRENT EXPENDITURES
200 CONTRACTUAL SERVICES
207 Contractual Landscaping
239 Professional Fees
700 OTHER OPERATING COSTS
726 General Insurance
746 Street Maintenance
755 Facility Maintenance
765 Utilities - Water
REVENUES OVER (UNDER) EXPENDITURES
$
1,552
$ (10,502) $
2,949
$
(7,172)
-32%
$
(8,457) $
(10,703) $
(10,452) $
ENDING FUND BALANCE
$
1,552
$ (10,502) $
4,501
$
(2,671)
-75%
$
(11,128) $
(21,831) $
(32,283) $
(31,443)
ATTACHMENT 2
ATTACHMENT 3
PON’S
NONE
ATTACHMENT 4
PROPOSED ORDINANCE 2011AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN TEXAS,
ADOPTING THE FY 2011-2012 ANNUAL OPERATING BUDGET/SERVICE AND
ASSESSMENT PLAN FOR THE CITY OF MIDLOTHIAN PUBLIC IMPROVEMENT
DISTRICT NUMBER ONE (MIDTOWNE PID) AS ESTABLISHED BY ORDIANCE
2008-28, AS AUTHORIZED BY CHAPTER 372 OF THE TEXAS LOCAL
GOVERNMENT CODE; INCLUDING A SEVERABILITY CLAUSE AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City Council approved and duly passed Ordinance 2008-28 on May 27, 2008,
The City of Midlothian Public Improvement District Number One (MidTowne PID), in
accordance with the Public Improvement District Assessment Act V.T.C.A., Texas Local
Government Code Section 372.001 et. Seq.; and,
WHEREAS, a public hearing was ordered by Chapter 372 of the Texas Local Government Code
and a public notice of said hearing was published in the Midlothian Mirror on August 25, 2011
and said public hearing was held according to said notice and;
WHEREAS, the City Council of the City of Midlothian is of the opinion that the FY 2011-2012
Annual Operating Budget/Service and Assessment Plan for the City of Midlothian Public
Improvement District Number One (MidTowne PID) should be approved and adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MIDLTOHIAN, AS FOLLOWS:
SECTION 1:
The budget has a total operating cost of $10,990. The FY 2011-2012 Annual Operating
Budget/Service and Assessment Plan for the City of Midlothian Public Improvement District
Number One (MidTowne PID) shall have the following assessment:
1. Residential lots of record and commercial lots of record shall be assessed at separate rates, at
$0.00 for unplatted property; and,
2. $0.12 per $100 of appraised value for residential lots of record; and,
3. $0.07 per $100 of appraised value for non-residential lots of record.
SECTION 2:
All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this
Ordinance are hereby repealed and no longer of any force and effect.
SECTION 3: SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance or
application thereof to any person or circumstance is held invalid, such holding shall not affect
the validity of the remaining portions of the ordinance, and the City Council hereby declares that
it would have passed the remaining portions of the ordinances despite such invalidity.
SECTION 4: EFFECTIVE DATE
This Ordinance shall become effective immediately from and after its passage as provided by the
laws of the State of Texas.
READ, PASSED, ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF MIDLOTHIAN THIS, THE 13th DAY OF SEPTEMBER 2011.
APPROVED:
______________________________
ATTEST:
______________________________
APPROVED AS TO FORM:
_______________________________
Don Stout, City Attorney
AGENDA CAPTION:
Conduct a public hearing regarding the proposed FY 2011-2012 Annual Operating Budget for the City
of Midlothian and act upon an ordinance adopting the FY 2011-2012 Annual Operating Budget and
plan for municipal services for the ensuing fiscal year beginning October 1, 2011 and ending
September 30, 2012, in accordance with Local Government Code §102; appropriating money to a
Sinking Fund to pay interest and principal on the City’s indebtedness; appropriating the various
amounts thereof; repealing conflicting ordinances and resolutions; including a severability clause and
establishing an effective date
The City’s budget process began in May with departments and component units submitting currentlevel and above-service-level funding requests to the Finance Department. Departmental meetings
were held with the City Manager to review and discuss projected revenues and expenditures.
On July 26, 2011, the City Manager presented to the City Council, and filed with the City Secretary,
the City of Midlothian’s Proposed FY 2011-2012 Annual Operating Budgets. A City Council budget
retreat was held July 29-30, 2011 and a City Council budget workshop was held on August 9, 2011 to
review and discuss the proposed budgets. A Public Hearing was conducted on August 23, 2011 to
receive public comments on the budget.
In compliance with Local Government Code §102.006, this public hearing provides an opportunity to
communicate the proposed budgets to the citizens of Midlothian before levying the ad valorem tax
rate. Notice of this public hearing was posted in the Waxahachie Daily Light on Wednesday, August
10, 2011; the Midlothian Mirror and Waxahachie Daily Light on Wednesday, September 1, 2011; and
on the City’s website.
N/A
Expenditures for appropriated funds are as follows:
105 - General Fund - $16,155,895
205 - Utility Fund - $10,722,574
511 - Sr. Citizen’s Center - $175,743
615 - 4A - $792,279
625 - 4B - $946,500
627 - Conference Center - $470,947
965 – MDA - $22,827,401
ATTACHMENTS:
1. Ordinance
2. Notice of Public Hearing regarding the proposed 2011-2012 fiscal year budget as published in the
Midlothian Mirror and Waxahachie Daily Light
ALTERNATIVES:
Approve, Deny, Amend
RECOMMENDATION:
Conduct a Public Hearing regarding the Proposed FY 2011-2012 Annual Operating Budget and
approve the ordinance adopting the Annual Operating Budget for FY 2011-2012.
SUBMITTED BY and TO BE PRESENTED BY:
Chris Dick, CPA, Finance Director for the September 13, 2011 Council meeting
REVIEWED BY:
APPROVED BY:
ORDINANCE 2011-xx
AN ORDINANCE OF THE CITY OF MIDLOTHIAN TEXAS, ADOPTING THE FY
2011-2012 ANNUAL OPERATING BUDGET AND PLAN FOR MUNICIPAL SERVICES
FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING
SEPTEMBER 30, 2012, IN ACCORDANCE WITH LOCAL GOVERNMENT CODE
§102; APPROPRIATING MONEY TO A SINKING FUND TO PAY INTEREST AND
PRINCIPAL ON THE CITY’S INDEBTEDNESS; APPROPRIATING THE VARIOUS
AMOUNTS THEREOF; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Manager submitted to the City Council a proposed Annual Operating
Budget and Plan for Municipal Services of the Revenues of said City and Expenses for
conducting the affairs for the fiscal year beginning October 1, 2011 and ending September 30,
2012; and which said proposed budgets have been compiled from detailed information obtained
from the departments and offices of the City and;
WHEREAS, a public hearing was ordered by the City Council and a public notice of said
hearing was caused to be given by the City Council and said notice was published in the
Waxahachie Daily Light on August 10, 2011; the Midlothian Mirror on August 18, 2011 and; the
Midlothian Mirror and Waxahachie Daily Light on September 1, 2011, and said public hearing
was held according to said notice and;
WHEREAS, the City Council of the City of Midlothian is of the opinion that the Proposed
Budget should be approved and adopted as the City’s Annual Operating Budget for the ensuing
fiscal year;
MIDLOTHIAN, AS FOLLOWS:
SECTION 1:
The Annual Operating Budget presented by the City Manager and reviewed by the City Council
on September 13, 2011, be adopted for the fiscal year 2011-2012.
SECTION 2:
The amounts indicated for the following funds are hereby appropriated for payments of
expenditures and payments of the individual funds:
APPROPRIATED FUNDS
General Fund
Utility Services Fund
Sr. Citizen’s Center
4A (CEDM)
4B (MCDC)
Conference Center
Midlothian Development Authority (MDA)
TOTAL APPROPRIATED FUNDS
FY 2011-2012
$ 16,155,895
$ 10,722,574
$
175,743
$ 792,279
$ 946,500
$
470,947
$ 22,827,401
$ 52,091,339
SECTION 3: REPEAL OF PRIOR ORDINANCES
ordinance are hereby repealed and no longer of any force and effect.
SECTION IV: SEVERABILITY
SECTION V: EFFECTIVE DATE
This ordinance shall become effective immediately from and after its passage as provided by the
laws of the state of Texas.
CITY OF MIDLOTHIAN THIS, THE 13th DAY OF SEPTEMBER, 2011.
APPROVED:
_____________________________
ATTEST:
_____________________________
_________________________________
Donald R. Stout, City Attorney
ATTACHMENT 2
AGENDA CAPTION:
Citizens to be Heard
Citizens who have registered with the City Secretary may address Council with comments and/or concerns.
N/A
N/A
ATTACHMENTS:
N/A
ALTERNATIVES:
N/A
RECOMMENDATION:
N/A
AGENDA CAPTION:
Consider and act upon an ordinance, by record vote of the City Council of the City of Midlothian,
Texas, levying and assessing municipal ad valorem taxes for the City of Midlothian, for the fiscal year
2011-2012, at $0.272313 for Maintenance and Operations and $0.377687 for Interest and Sinking
Funds, for a total of sixty-five ($0.65), specifically for the purpose for which said taxes may be
expended and directing the assessment and collection thereof; repealing conflicting Ordinances and
Resolutions; including a severability clause and establishing an effective date.
The proposed ordinance levies the FY 2011-2012 ad valorem tax rates necessary to fund the
maintenance and operations (M&O) of the City and to pay principal and interest for the redemption of
bonds (Interest & Sinking - I&S).
The total assessed ad valorem tax rate, as established by this ordinance, will be $0.65. This rate
represents no change from the current fiscal year’s overall tax rate of $0.65. The $0.65 tax rate is
apportioned as follows:
Maintenance & Operations (M&O): $0.272313 (a decrease of $0.001593 from the current fiscal year)
Interest & Sinking (I&S):
$0.377687 (an increase of $0.001593 over the current fiscal year)
SPECIAL CONSIDERATION: N/A
An ad valorem tax rate of $0.65 (M&O: $0.272313; I&S $0.377687) will generate $5,325,541 for
M&O and $7,386,308 for I&S, including amounts that are to be transferred to the TIRZ (with the
assumption of a 100% collection rate).
ATTACHMENTS:
1. Ordinance
ALTERNATIVES:
RECOMMENDATION:
Approve the ordinance levying the municipal ad valorem tax rates for the City of Midlothian for fiscal
year 2011-2012.
REVIEWED BY:
APPROVED BY:
ORDINANCE# 2011-XX
AN ORDINANCE OF THE CITY OF MIDLOTHIAN, TEXAS, LEVYING AND
ASSESSING MUNICIPAL AD VALOREM TAXES FOR THE CITY OF MIDLOTHIAN,
FOR THE FISCAL YEAR 2011-2012, AT $0.272313 FOR MAINTENANCE AND
OPERATIONS AND $0.377687 FOR INTEREST AND SINKING FUNDS, FOR A
TOTAL OF $0.65, SPECIFICALLY FOR THE PURPOSE FOR WHICH SAID TAXES
MAY BE EXPENDED AND DIRECTING THE ASSESSMENT AND COLLECTION
THEREOF; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE
DATE.
SECTION 1:
That there is hereby and there shall be assessed and collected for the use and support of the
municipal government of the City of Midlothian, Texas upon all property, real, personal and
mixed within the corporate limits of the City subject to taxation, a tax of $0.65 on each one
hundred dollars ($100) assessed valuation based on 100% of market values of said property, said
tax being so levied and apportioned to the specific purpose herein set forth.
SECTION 2:
For the maintenance and operations of the general government including current expenses and
for general improvements of said City and its property, known as the General Fund, $0.272313
on each one hundred dollars ($100) assessed valuation of all taxable property.
SECTION 3:
For the purpose of paying interest and principal for the redemption of bonds and warrants
theretofore legally issued by the said City, known as the Interest & Sinking Fund, $0.377687 on
each one hundred dollars ($100) assessed valuation of all taxable property.
SECTION 4:
The Tax Assessor/Collector is hereby authorized to assess and collect the taxes of the City of
Midlothian, Texas, employing the above tax rate.
laws of the State of Texas.
CITY OF MIDLOTHIAN, TX THIS 13th DAY OF SEPTEMBER, 2011.
APPROVED:
______________________________
ATTEST:
_________________________________
_________________________________
AGENDA CAPTION:
Consider and act upon an ordinance of the City of Midlothian, Texas, providing for a seventy thousand
dollar ($70,000) residential homestead exemption for persons sixty-five years of age or older from all
ad valorem taxes hereafter levied and providing an exemption for disabled veterans based upon the
degree of their disability; repealing conflicting ordinances and resolutions; including a severability
clause and establishing an effective date
The proposed ordinance provides:
1) The continuation of a seventy-thousand dollar ($70,000) homestead exemption for persons sixtyfive years of age or older from all ad valorem taxes [Texas Property Tax Code, Section 11.261;
Texas Constitution, Article VIII, Section 1-b(h)]
2) An exemption for disabled veterans based upon the degree of their disability [Texas Property Tax
Code, Section 11.22; Texas Constitution, Article VIII, Section 1-b(h)]
The certified appraisal roll reveals that $58,039,188 in assessed value is exempt in the over-65
category and $3,967,065 in assessed value is exempt in the disabled veteran category.
N/A
Approval of this ordinance will result in a reduction of revenue as follows:
Exemption
Existing Exemptions
Revenue Lost
Type
Over 65
$ 339,436
Disabled Veteran
$ 24,419
Total Revenue Lost
$ 363,855
New Exemptions
Revenue Lost
$ 37,819
$ 1,367
$ 39,186
Total Exemptions
Revenue Lost
$ 377,255
$ 25,786
$ 403,041
ATTACHMENTS:
1. Ordinance
ALTERNATIVES:
RECOMMENDATION:
Approve the ordinance granting a $70,000 residential homestead exemption to citizens over 65 years
of age and a disabled veteran exemption in accordance with Section 11.22 of the Texas Property Tax
Code.
REVIEWED BY:
APPROVED BY:
ORDINANCE 2011-xx
AN ORDINANCE OF THE CITY OF MIDLOTHIAN, TEXAS, PROVIDING FOR A
SEVENTY THOUSAND DOLLAR ($70,000) RESIDENTIAL HOMESTEAD
EXEMPTION FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FROM ADVALOREM TAXES LEVIED IN THE 2011 TAX YEAR AND PROVIDING AN
EXEMPTION FOR DISABLED VETERANS BASED UPON THE DEGREE OF THEIR
DISABILITY; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE
DATE.
SECTION 1: RESIDENTIAL HOMESTEAD EXEMPTION
Seventy thousand dollars ($70,000) of the assessed taxable value of all residential homesteads of
married and unmarried persons sixty-five (65) years or older, male or female, including those
living alone, shall be exempt from ad-valorem taxes levied in the 2011 tax year by the City.
SECTION 2: DISABLED VETERANS EXEMPTION
That disabled veterans be entitled to an exemption from taxation based upon the degree of their
disability as provided by Section 11.22 of the Texas Property Tax Code.
application thereof to any person or circumstance is held invalid, such holding shall not affect the
validity of the remaining portions of the ordinance, and the City Council hereby declares that it
would have passed the remaining portions of the ordinances despite such invalidity.
laws of the state of Texas.
CITY OF MIDLOTHIAN, TX, THIS 13th DAY OF SEPTEMBER, 2011.
APPROVED:
ATTEST:
______________________________
_____________________________
_____________________________
AGENDA CAPTION:
Consider and act upon authorizing Amendment No. Two to the agreement for Construction
Manager at Risk Services for Water Treatment Plant No. 2 with Garney Companies, Inc. to
procure equipment from Siemens Water Technologies Corporation for a membrane system in a
total amount not to exceed $2,337,120.
On May 25, 2010, Council approved an agreement for Construction Manager at Risk services for
Water Treatment Plant No. 2 with Garney Companies, Inc. (Garney) out of Kansas City,
Missouri and authorized the commencement of pre-construction and procurement services
(Agenda Item 2010-170). The pre-construction services include project management, time
management, cost management and quality management/design review. The procurement
services include the assembly of bid packages, advertisement of bids, pre-bid conferences,
distribution of addendums, and bid openings.
On October 20, 2010, competitive sealed proposals were received by Garney for the supply of a
membrane system for the plant. These proposals were evaluated by City staff, Garney and our
project consultant team and out of the two (2) proposals received, Siemens Water Technologies
(Siemens) was the preferred supplier.
On January 11, 2011, Council approved Amendment No. One to the Garney Companies
agreement for the procurement of shop drawings from Siemens, for a membrane system in a total
amount not to exceed $162,000 (Agenda Item 2011-06).
Due to the lead time involved in the manufacturing of the membrane system and in order to remain
on schedule and ensure the current membrane pricing, Garney needs to authorize Siemens to begin
this work. The total amended contract amount of $2,684,120 (which includes the Amendment No.
One amount of $185,000) is included in the total price bid by Siemens ($2,329,000) and is also
part of the overall construction service fee provided by Garney ($1,455,000). Please refer to the
attached Water Treatment Plant No. 2- Phase II Construction Cost Summary sheet for detailed
information.
On Monday, July 11, 2011 this item was presented before the City Council Utility Subcommittee
and Advisory Board (UAB). The subcommittee and board unanimously recommended that this
item be brought before the City Council for consideration and authorization.
This project is being funded through the Texas Water Development Board’s (TWDB’s) Drinking
Water State Revolving Fund.
ATTACHMENTS:
1. Written Amendment No. Two
2. Water Treatment Plant No. 2 – Phase II Construction Cost Summary
3. Agenda Item 2010-170
4. Agenda Item 2011-06
ALTERNATIVES: Approve, Deny or Table
RECOMMENDATION:
Staff recommends approval of attached amendment, consistent
recommendation of the Utility Subcommittee and UAB (July 11, 2011).
Mike Adams, P.E., Executive Director of Engineering & Utilities
For the September 13, 2011 Council meeting.
REVIEWED BY:
APPROVED BY:
with
the
positive
Attachment 1
WRITTEN AMENDMENT
Project:
Owner:
Contractor:
Engineer:
Project Number:
CoM P.O.
09-03574
SRA 4889
Water Treatment Plant No.2
City of Midlothian
Garney Companies Inc.
Schrickel, Rollins, Inc.
Written Amendment No.: Two(2)
Effective Date of Agreement: January 11, 2011
Make the following modifications to the Contract Documents:
Authorize an amount to Section 00 42 23.01, Statement of Proposed Fees and Expenses; Item C,
“Construction Services Fee”, to procure equipment from Siemens Water Technologies Corporation
per proposal submitted October 19, 2010, and subsequent revisions for a 6 MGD membrane
system (Four CP 120 ultrafiltration membrane skids) for $2,337,120.
Summary
Original Contract Amount
WA #1
WA #2
Total Contract Amount
$ 185,000
$ 162,000
$ 2,337,120
$ 2,684,120
The Written Amendment modifies the contract documents as bid. Should this amendment include
any change in compensation, the compensation agreed upon in this Written Amendment is full,
complete and final payment for all costs the Contractor may incur as a result of or relating to this
change whether said costs are known, unknown, foreseen or unforeseen at this time, including
without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect
on changed or unchanged work as a result of this Written Amendment.
Original Contract Amount
Revised Contract Amount
Original Contract Time
Revised Contract Time
$
$
185,000
2,684,120
NA
NA
Approved by:
Garney Construction, Inc.
Approved by:
City of Midlothian
By
By
[Name]
[Date]
Name and Title (Printed)
Recommended by:
Schrickel, Rollins & Associates, Inc.
By
[Name]
[Name]
[Date]
[Date]
Attachment 2
Water Treatment Plant No. 2
Phase II Construction Cost Summary
Construction Manager At Risk (CMAR) Services with Garney Companies
Item
Pre-Construction Services Fee
Authorized by Council on 5/26/10
Procurement Services Fee
Subtotal =
Construction Service Fee
Costs for Bonds and Insurance
Contingency Fund
Agenda Item 2010-170
Fee
$145,000
$40,000
$185,000
$1,455,000
$180,000
$270,000
Not Fully Authorized by Council
Not Yet Authorized by Council
Not Yet Authorized by Council
Total CMAR Services =
$2,090,000
Amendment No. One with Garney
Membrane Shop Drawings
Authorized by Council on 1/11/11
Agenda Item 2011-06
Comprised of the following:
-- Shop drawings cost (Siemens Water Technologies)
-- Construction service fee (Garney)
$150,000
$12,000
Total Pricing for Complete 6 MGD Membrane System by Siemens
Minus shop drawing cost
Remaining Membrane System Balance =
-
$2,329,000
$150,000
$2,179,000
-
$1,455,000
$12,000
$1,443,000
Construction Service Fee by Garney
Minus membrane shop drawings service fee
Remaining Construction Service Fee Balance =
$162,000
Requested Amount for Amendment No. Two
Remaining Balance of Membrane System
Construction Service Fee
+
$2,179,000
$158,120
Total Request for Amendment No. Two =
$2,337,120
Previous Construction Service Fee Balance
Minus membrane system service fee
Remaining Construction Service Fee Balance =
-
$1,443,000
$158,120
$1,284,880
+
$355,120
$2,329,000
$2,684,120
Total Fees to Date with Garney
Complete Membrane System Amount
Total Amended Contract Amout =
garney-phaseII-cost-summary
Phase II Construction Budget
Total Approximate Construction Budget
$18,000,000
Total CMAR Services with Garney
Subtotal =
$2,090,000
$15,910,000
Complete 6 MGD Membrane System
Subtotal =
$2,329,000
$13,581,000
Total Approximate Remaining Construction Budget =
$13,581,000
garney-phaseII-cost-summary
Attachment 3
AGENDA CAPTION:
Consider and act upon an agreement for Construction Manager at Risk services for Water
Treatment Plant No. 2 with Garney Companies, Inc. out of Kansas City, Missouri and authorize
the commencement of pre-construction and procurement services in an amount not to exceed
$185,000.
Over the past five years, the City has steadily moved forward on the plans for Water Treatment
Plant No. 2. The design and construction of this plant has been divided into a number of different
phases. Phase I was the design and construction of the plant’s transmission main, three million
gallon (3 MG) clearwell, and high service pump station (HSPS). At this time, the transmission
main and clearwell are substantially complete and the HSPS is approximately 60 percent
complete. Phase II is the design and construction of the actual water treatment plant and
associated appurtenances. The design has progressed to the point that the plans are almost 30
percent complete. Based on this, it is now time to secure construction manager at risk (CMAR)
services and authorize the commencement of both pre-construction and procurement services.
The pre-construction services include project management, time management, cost management
and quality management/design review. The procurement services include the assembly of bid
packages, advertisement of bids, pre-bid conferences, distribution of addendums, and bid
openings. A detailed explanation of these two services is included as Attachment 3.
A request for proposals for CMAR services for the construction of Water Treatment Plant No. 2
was issued in February 2010. On Wednesday, February 24, 2010, a mandatory pre-proposal
conference was held to review the scope of the project and proposal process, and answer any
questions from contractors. At this meeting, eight (8) prospective contractors were in attendance.
On Friday, March 5, 2010, the City received proposals for construction manager at risk services
from five (5) qualified contractors. Through a City staff team of six (6) members and various
consultant teams, each of the 5 proposals were reviewed and scored based on (1) experience/past
performance; (2) experience and qualifications; (3) experience as a construction manager at risk;
(4) ability to meet proposed time for construction; (5) financial management; and other factors
(e.g., quality of work, SMWBE participation, safety, claims experience, litigation history, and
past experience with the City). Once the scores under these criteria were determined, the
proposed fees and financial factors that were previously submitted in a separate sealed envelope
by each bidder were opened and evaluated. Based on review and assessment of each of the 5
proposals received, there was consensus that Garney Companies, Inc. should be selected to
provide CMAR services for the construction of Water Treatment Plant No. 2.
ATTACHMENTS:
1. Tabulation of Scoring Sheet
2. Proposal Form (00 42 23)
3. Statement of Proposed Fees and Expenses (00 42 23.01)
4. Agreement (00 52 23)
5. CMAR at Risk Services (01 01 01)
6. Draft Notice of Award Letter
ALTERNATIVES:
Approve or Deny
RECOMMENDATION:
On Monday, April 26, 2010, this item was presented to the Council Utility Subcommittee and
Utility Advisory Board. The Subcommittee and Board unanimously recommended that Council
consider awarding the CMAR services to Garney. Staff recommends approval as presented.
For the May 25, 2010 Council meeting.
REVIEWED BY:
APPROVED BY:
Attachment 4
AGENDA ITEM 2011-06
AGENDA CAPTION:
Consider and act upon authorizing Amendment No. One to the agreement for Construction
Manager at Risk Services for Water Treatment Plant No. 2 with Garney Companies, Inc. to
procure shop drawings for a membrane system in a total amount not to exceed $162,000.
On May 25, 2010, Council approved an agreement for Construction Manager at Risk services for
Water Treatment Plant No. 2 with Garney Companies, Inc. (Garney) out of Kansas City,
Missouri and authorized the commencement of pre-construction and procurement services. The
pre-construction services include project management, time management, cost management and
quality management/design review. The procurement services include the assembly of bid
packages, advertisement of bids, pre-bid conferences, distribution of addendums, and bid
openings.
On October 20, 2010, competitive sealed proposals were received by Garney for the supply of a
membrane system for the plant. These proposals were evaluated by City staff, Garney and our
project consultant team and out of the two (2) proposals received; Siemens Water Technologies
(Siemens) was the preferred supplier.
In order to complete the plant design, shop drawings are needed from Siemens. The $150,000
cost for these drawings is included in the total price bid of $2,329,000 by Siemens. The $12,000
construction services fee for Garney will be credited to the City as part of the overall
construction service fee of $1,455,000.
On Monday, December 13, 2010, this item was presented to the Council Utility Subcommittee
and Utility Advisory Board. The Subcommittee and Board unanimously recommended that this
item be brought before Council for consideration.
ATTACHMENTS:
1. Recommendation letter from Schrickel, Rollins and Associates, Inc.
2. Written Amendment No. One
3. Membrane Evaluation Form
ALTERNATIVES: Approve or Deny
RECOMMENDATION:
Staff recommends approval as presented.
For the January 11, 2011 Council meeting.
REVIEWED BY:
APPROVED BY:
Attachment 1
Attachment 2
WRITTEN AMENDMENT
Project:
Owner:
Contractor:
Engineer:
Water Treatment Plant No.2
City of Midlothian
Garney Companies Inc.
Schrickel, Rollins, Inc.
Project Number:
CoM P.O.
09-03574
SRA 4889
Written Amendment No.: One(1)
Effective Date of Agreement: January 11, 2011
Make the following modifications to the Contract Documents:
Authorize an amount to Section 00 42 23.01, Statement of Proposed Fees and Expenses; Item C,
“Construction Services Fee”, to procure shop drawings from Siemens Water Technologies
Corporation per proposal submitted October 19, 2010, and subsequent revisions for a 6 MGD
membrane system (Four CP 120 ultrafiltration membrane skids) for $162,000.
The Written Amendment modifies the contract documents as bid. Should this amendment include
any change in compensation, the compensation agreed upon in this Written Amendment is full,
complete and final payment for all costs the Contractor may incur as a result of or relating to this
change whether said costs are known, unknown, foreseen or unforeseen at this time, including
without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect
on changed or unchanged work as a result of this Written Amendment.
Original Bid Amount
Revised Contract Amount
Original Contract Time
Revised Contract Time
$
$
185,000
347,000
NA
NA
Approved by:
Garney Construction, Inc.
Approved by:
City of Midlothian
By
By
[Name]
[Date]
Recommended by:
Schrickel, Rollins & Associates, Inc.
By
[Name]
[Name]
[Date]
[Date]
AGENDA ITEM 2011- 357
AGENDA CAPTION:
Consider and act upon an amendment to the Retail Water Service Area Agreement with Mountain
Peak Special Utility District for the transfer of certain Certificate of Convenience and Necessity (CCN)
areas.
On April 22, 2008, the City Council approved a Retail Water Service Area Agreement with Mountain
Peak Special Utility District (Mt. Peak) for the transfer of certain CCN areas (Agenda Item 2008-165).
As a condition of this agreement, both parties were to jointly submit an application to the Texas
Commission on Environmental Quality (TCEQ) requesting approval of this agreement. In addition, the
agreement was only temporary and would expire unless the TCEQ approved the application.
Mt. Peak and the City filed an application with the TCEQ in October of 2008. The TCEQ has reviewed
the agreement and application and has revised and submitted a CCN map to both entities showing the
requested changes. Although Mt. Peak and the City agree with the map for the areas covered by the
agreement, Mt. Peak does not agree with the overall CCN map and therefore, has not signed off on
their concurrence of the new CCN map. Therefore, the application remains incomplete.
Both Mt. Peak and the City are still in agreement with the CCN transfer, to the extent that Mt. Peak
has been serving Cotton Creek Ranch and the adjacent area for several months and the City plans to
serve all of the future development within the 43-acre area (triangle area between Business 287/Main
Street and the 287 Bypass).
The amended agreement removes all prior provisions contained in the previously executed agreement
regarding the necessity for TCEQ approval. The issue regarding the overall CCN map will be
addressed separately and over time by Mt. Peak and the City.
N/A
ATTACHMENTS:
1. Amended Agreement
2. Agenda Item 2008-165 with attachments
ALTERNATIVES:
Approve, Deny or Table
RECOMMENDATION:
Staff recommends approval, conditioned upon Mt. Peak approving the amendment as written or with
only minor modifications that are reviewed and approved by the City Attorney.
Mike Adams, Executive Director of Engineering & Utilities
For the September 13, 2011 Council meeting
REVIEWED BY:
APPROVED BY:
AMENDMENT
RETAIL WATER SERVICE AREA
AGREEMENT AMONG THE CITY OF MIDLOTHIAN AND
MOUNTAIN PEAK SPECIAL UTILITY DISTRICT
THIS AMENDMENT is made between the City of Midlothian, a Texas home rule
municipality (the “City”) and Mountain Peak Special Utility District (“Mountain Peak“),
collectively the “Parties,” pursuant to the following considerations:
WHEREAS, the City and Mountain Peak entered into an agreement (“Retail
Water Service Area Agreement Among the City of Midlothian and Mountain Peak
Special Utility District,” referred to as “Agreement”) that was executed on May 28, 2008
by Mountain Peak and on June 2, 2008 by the City; and
WHEREAS, as part of this Agreement the City has agreed to transfer
approximately 119 acres of land known as Cotton Creek Ranch PD to Mountain Peak
and Mountain Peak has agreed to grant the City the exclusive right to provide water
service to approximately 43 acres within the Dual Certificated Area along with the
exclusive right to provide water service to 25 acres of land, south of Old Fort Worth
Highway and west of Loop 287 under certain conditions set forth within the Agreement;
and
WHEREAS, paragraph 7 states that the Agreement will expire unless the Texas
Commission on Environmental Quality (TCEQ) approves the Agreement on or before
March 1, 2009 (or until such later date on which the TCEQ acts on the application,
provided the application therefore is still pending and the Parties are exercising due
diligence to prosecute it); and
WHEREAS, paragraph 8 states that the transfers and agreements by this
Agreement will be effective upon approval by the TCEQ; and
WHEREAS, the TCEQ has reviewed this Agreement and the applications
submitted by the Parties and has revised and submitted a map depicting the effective
areas to the Parties; and
WHEREAS, the Parties agree that the areas covered by the Agreement have
been accurately depicted on the map submitted by the TCEQ; however, the Parties are
not in agreement with the overall map; and
WHEREAS, the Parties have an agreement (the “Dual Certification Agreement”)
dated November 4, 1996, that provides that either Party may consent on a case-bycase basis to the other Party providing water service within the “Dual Certificated Area”;
and
WHEREAS, Mountain Peak is currently providing retail water service to all of
Cotton Creek Ranch and certain contiguous lands; and
WHEREAS, the City is ready, willing and able to serve the approximate 43 acres
within the “Dual Certificated Area”; and
WHEREAS, the Parties wish to complete the transfer detailed in the “Agreement”
without the provision of receiving approval by the TCEQ.
NOW THEREFORE, the Parties, for good and valuable consideration, agree to
amend the “Agreement” as follows:
Paragraph 1 shall be amended as follows:
1.
The City hereby transfers and conveys to Mountain Peak, subject to the
approval described in paragraph 7 below, the approximate 119 acres of its CCN known
as Cotton Creek Ranch PD and the contiguous area west of Loop 287, as shown on
Exhibit “A” that is attached.
3.
Mountain Peak also agrees to cede to the City the exclusive right to
provide water service to up to 25 acres, the location and boundaries of which are to be
determined by the City in its sole discretion, provided (a) the City provides a written
notice (the “Service Notice”) to Mountain Peak of any proposed tract with a description
and survey or plat of the land involved (a “Proposed Tract”); (b) the Proposed Tract is
located within one-quarter mile south of Old Fort Worth Highway and/or one quarter
mile west of Loop 287 (the “Option Area”) and, together with any previously designated
Proposed Tracts, does not exceed an aggregate area of 25 acres; (c) the Proposed
Tract is in a shape that will not leave isolated or difficult-to-serve pockets of the
remainder of the Dual Certificated Area or the Option Area for service by Mountain Peak
(and if Mountain Peak does not object via written notice to the City within 30 days of its
receipt of the Service Notice, the Proposed Tract will be conclusively presumed to be
acceptable); and (d) to the extent the City has not provided retail water service to any
portion of the Option Area or to any Proposed Tract within five years after the date the
Texas Commission on Environmental Quality (“TCEQ”) approves the application
described in paragraph 7 below, that the last Party executes this Amended Agreement,
the right of the City to provide retail water service in the Option Area as described in this
paragraph 3 expires.
4.
Mountain Peak agrees to allow any person wanting service within the 43acre tract and the Option Area described above to connect to the City, subject to the
terms of this Agreement. pending the approval by TCEQ of this Agreement. The Parties
understand that this is a temporary connection and will cooperate to return to the status
quo prior to this Agreement if it is not approved by TCEQ and implemented in its
entirety.
2
5.
Subject to approval of the transfers described in this Agreement by TCEQ,
All water distribution infrastructure, such as pipelines, valves, and fire hydrants, owned
by the City and located exclusively within the Cotton Creek Ranch Subdivision being
transferred to the CCN of Mountain Peak are hereby transferred, assigned and
conveyed to Mountain Peak, “as is, where is”, with no express or implied warranties,
except as to ownership.
Paragraph 7 shall be deleted in its entirety:
7.
Section 13.248 TCEQ Approval. Within forty-five (45) days following the
execution of this Agreement the Parties will jointly file the appropriate documents
requesting approval of this retail service area agreement pursuant to Section 13.248 of
the Texas Water Code. The Parties will fully cooperate with each other regarding this
application and not take any action to directly or indirectly oppose this application. Each
party will pay their respective costs relating to the application. This Agreement will
expire, except for paragraph 4 above, unless TCEQ approves the agreements
described herein which are subject to its approval on or before March 1, 2009 (or until
such later date on which the TCEQ acts on the application, provided the application
therefore is still pending and the Parties are exercising due diligence to prosecute it).
8.
Effective Date: This agreement amendment is enforceable among the
Parties following the execution of this Agreement. The transfers and agreements
contemplated by this Agreement will be effective upon approval by the TCEQ.
All other provisions of said “Agreement” shall remain in full force and effect.
EXECUTED by the City of Midlothian on this the ____ day of ___________, 2011.
City of Midlothian
By: _______________________
ATTEST:
__________________________
City Secretary
3
EXECUTED by Mountain Peak Special Utility District on this the ____ day of
___________, 2011.
Mountain Peak Special Utility District
By: _____________________________
ATTEST:
_________________________
Secretary
4
Attachment 2
AGENDA CAPTION:
Consider and act upon a Retail Water Service Area Agreement with Mountain Peak Special Utility
District for the transfer of certain Certificate of Convenience and Necessity (CCN) areas.
On December 11, 2007, the City Manager received a letter from Metroplex Properties regarding
property located south of Business 287 and north of the 287 Bypass. This property is situated within an
area that is dually certificated, with Midlothian serving all industrial uses and Mountain Peak Special
Utility District (Mt. Peak) serving all other uses. Presently, Midlothian has several large water lines in
close proximity to this property; however, the proposed use is not industrial and Mt. Peak does not
have any water lines in this area. Therefore, Metroplex Properties has requested that the City and Mt.
Peak consider trading a portion of their respective service areas in order to enable this area to develop
in the near future.
On January 24, 2008, City staff presented this information to the Council Utility Subcommittee and
Utility Advisory Board. Per the Subcommittee and Board’s direction, City staff met with Metroplex
Properties and Mt. Peak on February 7, 2008, to try to negotiate an agreement that would allow the
City to serve this property, while at the same time exchanging a certain area of the City’s CCN to Mt.
Peak. The agreement that was negotiated is as follows:
(1) The City will transfer approximately 119 acres of CCN, which includes the Cotton Creek Ranch
Development and area north, up to the U.S. Highway 67 and 287 intersections, to Mt. Peak SUD.
(2) Mt. Peak will transfer approximately 43 acres of area within the dually certificated area located
south of Business 287 and north of the 287 Bypass to the City.
(3) The City is granted the right to serve up to an additional 25 acres of “floating” area located within
the dually certificated area, said area to be limited to one-quarter mile south of Old Forth Worth
Road and west of the 287 Bypass.
(4) If new non-industrial development within the “floating” area does not occur within five (5) years of
the execution of this agreement, the right to serve non-industrial uses in this area will return to Mt.
Peak.
On Tuesday, April 8, 2008, the Mt. Peak Board approved this agreement, with some minor revisions.
These revisions do not compromise the main terms of the agreement.
Although the total acres to be exchanged are not equal, the community as a whole will benefit through
the receipt of commercial property and sales taxes from this area sooner than would otherwise be
possible without this agreement.
Staff will present these items to the Utility Subcommittee and Advisory Board on Monday, April, 21,
2008, for their recommendation to Council.
Per this agreement, each party will pay their respective costs relating to the application to the Texas Commission
on Environmental Quality to transfer these areas. Funding is available in the Utility Fund, Department 38, line
item 210 (outside services).
ATTACHMENTS:
1. Retail Water Service Area Agreement with Exhibit.
2. Letter from Metroplex Properties.
ALTERNATIVES:
1. Approve
2. Deny
RECOMMENDATION:
Staff will present the recommendation(s) from the Subcommittee and Advisory Board.
For the April 22, 2008 Council meeting
REVIEWED BY:
APPROVED BY:
AGENDA CAPTION: Consider and act upon approval of a proposal to replace the fence and lighting
at Kimmel Park in an amount not to exceed $57,000.
ITEM SUMMARY/BACKGROUND: On August 25, 2011, The Midlothian Parks and Recreation
Department presented its Kimmel Park Capital Improvement Plan to the Midlothian Community
Development Corporation (4B). This plan is to prepare the Park for its upcoming 100th Year
Celebration in 2015. The plan will also resolve several safety concerns within the park and add some
new feathers to the Park System.
The following is a project list that has been fully approved by the Parks Advisory Board and
conditionally approved by the Midlothian Community Development Corporation (4B):
Fence Replacement
New Lighting
New Restroom
Splash Park
Picnic Pavilion
New Electrical & Irrigation System
Landscape Improvements
$27,000.
$30,000.
$70,000.
$160,000.
$49,000.
$30,000.
$15,000.
11-12
11-12
12-13
13-14
14-15
14-15
14-15
The MCDC conditional approval provides an opportunity for the MCDC Board to review and approve
each fiscal year’s expenditures as part of the annual budgeting process.
Funding is available through Midlothian Community Development Corporation (4B)
ATTACHMENTS
1. Presentation of the proposed Kimmel Park improvements
ALTERNATIVES:
1. Approve or Deny
RECOMMENDATION:
Staff recommends moving forward with the proposed improvements for 11-12 as presented, in an
amount not exceed $57,000.
James Berman, Parks and Recreation Manager, September 13, 2011 Council Meeting.
REVIEWED BY:
APPROVED BY:
Kimmel Park
Proposed Improvements
1915 – 2015
Centennial Celebration
Kimmel Park
CURRENT CONDITIONS
Court
Fence
Restroom
Lighting
CURRENT CONDITIONS
Court
Fence
Restroom
Lighting
CURRENT CONDITIONS
Court
Fence
Restroom
Lighting
CURRENT CONDITIONS
Court
Fence
Restroom
Lighting
PROPOSED IMPROVEMENTS
Splash Pad
Fence
Restroom
Sidewalk
Lighting
Picnic Pavilion
$ 160,000.00
Splash Pad
Fence
Restroom
Sidewalk
Lighting
Picnic Pavilion
$ 70,000
Splash Pad
Fence
Restroom
Sidewalk
Lighting
Picnic Pavilion
$ 27,000.
Splash Pad
Fence
Restroom
Sidewalk
Lighting
Picnic Pavilion
$ 10,000.
Splash Pad
Fence
Restroom
Sidewalk
Lighting
Picnic Pavilion
$ 49,000.
Splash Pad
Fence
Restroom
Sidewalk
Lighting
Picnic Pavilion
$ 30,000.
CURRENT CONDITIONS
Court
Fence
Restroom
New Irrigation and
Electrical
Lighting
$30,000.
Funding & Schedule







Fence
Lighting
Restroom
Splash Park
Picnic Pavilion
New Electrical & Irrigation System
Landscape Improvements
TOTAL PROJECT COST
$ 27,000.
$ 30,000.
$ 70,000.
$ 160,000.
$ 49,000.
$ 30,000.
$ 15,000.
11-12
11-12
12-13
13-14
14-15
14-15
14-15
$ 381,000.
Funding provided by the
Midlothian Community Development Corporation
AGENDA ITEM 2011 - 359
Consider and act upon awarding a month-to-month rental agreement to Documation Business
Technology Integration, for the monthly rental of fifteen multi-purpose copier/scanner/fax and printers
utilizing the U.S. Communities Cooperative Purchasing Program, in the amount of $4,869 monthly.
The current copier/equipment contract is for fourteen multi-purpose copier/scanner/fax/printers with
Documation Business Technology Integration. It is a month-to-month, 5-year lease agreement, with 14
months remaining. The City of Midlothian entered into this agreement in 2007 and it is set to expire in
October, 2012. Documation is proposing a new agreement in which they will replace the existing
machines with new, more technologically advanced equipment in exchange for a five extension
effective October 1, 2011. The new agreement would expire September 30, 2016. Under the proposed
agreement the number of Black and White (B&W) copies and the number of Color copies included at
no charge would be 58,000 and 7,000 per month respectively. The current contract includes 50,000
B&W and zero Color impressions per month. The overage rate for B&W would remain the same at
$.013 per copy, while the overage rate for Color copies would decrease from $.09 to $.08 per copy.
The agreement provides for all service, maintenance requirements and supplies, except for paper and
staples. And the units will continue to be serviced by authorized Ricoh service technicians with up to
date technical support and training.
The City will also be adding one new machine to replace outdated printing equipment located in the
Patrol Division of the Police Department. This is the reason for the increase from fourteen units to
fifteen units under the proposed agreement.
The City currently has four other supplemental contracts for equipment added after the initial contract
with Documation. These units were added as facilities and functions changed over time. These units
are used for the Police Chief Administration area, the NEED Center, the Human Resources payroll
function and the Conference Center.
SPECIAL CONSIDERATION: N/A
The new Documation proposal will continue with the flexibility of a month-to-month rental agreement,
as compared to a traditional lease arrangement with a third party financing company. The new
agreement will result in approximately $6,540 per year savings due primarily to the first 7,000 color
copies per month provided free of charge. Color copies in excess of 7,000 per month will be charged at
$.08 per copy, which is a reduction from $.09 per copy under the current agreement. The current cost
of $.013 for any overage of black and white copies will remain the same as in the current contract;
however the included impressions will increase from 50,000 to 58,000 per month. The annual rental
expense for this equipment will increase to $58,428 from $56,160. However, due to the reduction in
the overage cost for B&W and color copies, the overall cost for this new agreement is estimated
to decrease approximately $6,540 per year compared to the current rental agreement. Funds are
available in various Funds and line items in the FY11-12 budget.
ATTACHMENTS:
Price proposal from Documation Business Technology Integration
ALTERNATIVES:
Approve, Deny
RECOMMENDATION:
Staff recommends approval of the attached contract with Documation Business Technology Integration
for a month-to-month rental agreement for fifteen multi-purpose copier/scanner/fax and printers.
REVIEWED BY:
APPROVED BY:
DOCUMATION
P A R T N E R S H I P O V E R V I E W
FOR:
City of Midlothian
104 W Avenue E
Midlothian, TX 76065
Revised 09/07/11
D O C U M A T I O N O F N O R T H T E X A S, I N C.
1 4 5 0 0 T R I N I T Y B L V D ∙ F O R T W O R T H ∙ T X ∙ 7 6 1 5 5 ( 8 1 7 ) 3 1 0 – 0 9 4 8
Your DOCUmation Team
Main Contacts:
Julie Gallagher‐Gough
jgallaghergough@mation.com
817‐310‐0948 x4305
817‐903‐2187 cell
Linda Silver, Customer Service Representative
lsiver@mation.com
817‐310‐0948 x4308
817‐991‐6355 cell
Donnie Paxton, Service Manager
dpaxton@mation.com
817‐310‐0948 x4309
817‐819‐5544 cell
Scott Hanson, Vice President & General Manager
shanson@mation.com
817‐310‐0948 x4301
817‐966‐4109 cell
Additional Contacts:
Service and Supplies:
Meters, Toner, Service and other information:
800‐543‐2865
www.mation.com
Director of Imaging:
David Jones
817‐239‐5407
djones@mation.com
Billing:
Susanne Saucedo, Billing Supervisor
800‐543‐2865 x2253
ssaucedo@mation.com
CURRENT CONTRACT
SUMMARY
July 2011
Contract Start Date:
Contract Term:
November 10, 2007
60 months
B&W Impression Allowance:
Color Impression Allowance:
B&W Overage Rate:
Color Overage Rate:
50,000 per month
0 per month
$0.013
$0.09
Meter Frequency:
Quarterly
Monthly Invoice Breakdown:
Date
Contract Amount
Description
October, 2007
$4,595.00
Included 50,000 copies
March, 2008
$ 85.00
Added Fire Dept 3
Total $4,680.00
Proposed CONTRACT
SUMMARY
July 2011
Account:
New Contract
Invoice Amount:
$4,869.00
Contract:
Upgrade Equipment
Includes 58,000 BW
& 7,000 Color
Proposed Solution
Option I

DOCUmanage Rental Agreement includes:
Four MP 201 SPF
Three MP 2851SPF
Four MPC 2551SPF
Three MPC 3001SPF
One MPC 5501 SPF
58,000 Black & White Impressions (Overages @ $.013)
7,000 Color Impressions (Overages @ $.08)
Maximum flexibility to upgrade or downgrade any time
during the term of the agreement.
Price is fixed for term of agreement unless there is a
documented change in product or volume
Rental Upgrade
$4,869.00
Configurations for City of Midlothian
Proposed Solution:
4-Ricoh MP 201SPF- Black & White Desktop with color scanning
21 ppm black & white desktop copier/fax/printer/scanner
City Hall front desk, Fire Dept I & II, Fire Station 3
3-Ricoh MP 2851SPF - Black & White MFP with color scanning
28 ppm black & white copier/fax/printer/ color scanner
Patrol Division, Police Main Hallway & Utility Billing
3-Ricoh MP C2551 – Color MFP
25 ppm color copier/fax/printer/scanner with finisher/stapler and
four paper sources for 1,150 paper capacity.
Planning Dept, Public Works, Fire Dept I
1-Ricoh MP C2551 – Color MFP
25 ppm color copier/fax/printer/scanner three paper sources for
600 pages
Water Treatment
3-Ricoh MP C3001SPF – Color MFP
30 ppm color copier/fax/printer/scanner with finisher/stapler and
three paper sources for 1,200 paper capacity.
Municipal Court, Engineering II & Financial Office
1-Ricoh MPC 5501-Color MFP
55 ppm color copier/fax/printer/scanner with finisher/stapler &
hole punch and five paper sources for 2,300 sheet paper
capacity.
Administration
Savings with Rental
Upgrade

Current Monthly Costs for City of Midlothian
Rental Payment
Maintenance & Supplies
50,000 BW included
Average 7,000 color
Average overage BW
$4,680.00
8,000
$630.00
$104.00
Total Monthly cost with average overage $5,414.00
New Contract
(Added new MFP for Patrol)
$4,869.00
Average Monthly Savings
Annual Savings
$ 545.00
$6,540.00
AGENDA CAPTION: Consider and act upon a request to write off aged accounts receivable EMS
ambulance billings older than nine months in accordance with established policy.
This request is to write-off aged EMS ambulance billings older than nine months, due to noncollections and adjustments of Private Insurance provider claims, Medicare/Medicaid claims, and
uninsured balances due from City and Emergency Service District (“ESD”) residents. By policy, these
residents are not billed for amounts in excess of the payments made by their insurance provider. All
In-District write-offs fall into the guidelines established by auditors and Council-approved Agenda
Item 2005-373. Included in the request to write-off aged EMS ambulance billings are non-collectable
out of district billings that are older than 4 years.
Recap of Agenda Item 2005-373: Dr. Mattern, of Intermedix reviewed fee structures and billing
methodology. Conclusion: consensus that Intermedix would bill insurance companies for reasonable
and customary charges; that co-pay and deductibles would be waived for patients within the
Emergency Service District and those patients would not be billed for anything beyond their insurance
providers’ payment; and that uninsured patients within the ESD would not be billed for service.
This is a balance sheet entry; therefore current year revenues are not affected. These write-offs are for
balances that are open from May 2004 - December 2010 for in-district residents.
FY 10-11 write-offs:
FY 09-10 write-offs:
FY 08-09 write offs:
$1,100,401.74
$916,751.23
$847,299
$843,789
$667,136
$1,290,571
(Actual Revenue $604,860.96)
(Actual Revenue $769,219.26)
(Actual Revenue $861,918)
(Actual Revenue $747,180 )
ATTACHMENTS: N/A
ALTERNATIVES: N/A
RECOMMENDATION:
Authorize staff to write off aged in-district EMS ambulance billings older than nine months, per City
policy, of In District $1,067,258.53 and Out of District of $33,143.21 for a total of $1,100,401.74.
Chris Dick, CPA Finance Director for the September 13, 2011 meeting.
REVIEWED BY:
APPROVED BY:

September 13, 2011

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