Texas State Affordable Housing Corporation
Regarding the Issuance of Bonds
Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") at 12:00 p.m. on June 29, 2007 at 1005 Congress Avenue, Suite B-10 (Conference Room), Austin, Texas 78701, on the proposed issuance by the Issuer of one or more series of multifamily housing revenue bonds (the "Bonds") to provide financing for the following multifamily housing projects (collectively, the "Projects"):
1. Chaparral Village Apartments, 1411 S. Grant Street, City of Odessa, County of Ector, Texas, approximately 80 units; Owner: RHAC--Chaparral, LLC;
2. Cove Village Apartments, 1102 Golf Course Road, City of Copperas Cove, County of Coryell, Texas, approximately 50 units; Owner: RHAC--Cove, LLC;
3. El Nido Apartments, 204 Alicia Drive, City of El Paso, County of El Paso, Texas, approximately 104 units; Owner: RHAC--El Nido, LLC;
4. Garden Apartments, 1340 65th Drive, City of Lubbock, County of Lubbock, Texas, approximately 44 units; Owner: RHAC--Garden, LLC;
5. Garden Apartments, 6516 Avenue T, City of Lubbock, County of Lubbock, Texas, approximately 18 units; Owner: RHAC--Garden, LLC;
6. High Plains Apartments, 1607 Iola Avenue, City of Lubbock, County of Lubbock, Texas, approximately 50 units; Owner: RHAC--High Plains, LLC;
7. Jose Antonio Escajeda Apartments, 710 South Park, City of El Paso, County of El Paso, Texas, approximately 20 units; Owner: RHAC--JAE, LLC;
8. Jose Antonio Escajeda Apartments, 1010 South Tays, City of El Paso, County of El Paso, Texas, approximately 20 units; Owner: RHAC--JAE, LLC;
9. Jose Antonio Escajeda Apartments, 710 Father Rahm, City of El Paso, County of El Paso, Texas, approximately 4 units; Owner: RHAC--JAE, LLC;
10. Jose Antonio Escajeda Apartments, 710 S Tays, City of El Paso, County of El Paso, Texas, approximately 12 units; Owner: RHAC--JAE, LLC;
11. Jose Antonio Escajeda Apartments, 700 South Kansas/709 South Campbell, City of El Paso, County of El Paso, Texas, approximately 32 units; Owner: RHAC--JAE, LLC;
12. Los Ebanos Apartments, 2133 Barnard Road, City of Brownsville, County of Cameron, Texas, approximately 65 units; Owner: RHAC--Ebanos, LLC;
13. Peppertree Acres Apartments, 6555 Sheridan Circle, City of Fort Worth, County of Tarrant, Texas, approximately 44 units; Owner: RHAC--Peppertree, LLC;
14. Peppertree Acres Apartments, 1000 Oak Grove Court, City of Fort Worth, County of Tarrant, Texas, approximately 36 units; Owner: RHAC--Peppertree, LLC;
15. Peppertree Acres Apartments, 5200 Southcrest Court, City of Fort Worth, County of Tarrant, Texas, approximately 38 units; Owner: RHAC--Peppertree, LLC;
16. Peppertree Acres Apartments, 2300 Ephriham Court, City of Fort Worth, County of Tarrant, Texas, approximately 30 units; Owner: RHAC--Peppertree, LLC;
17. River Park Village East Apartments, 1309 Central Texas Expressway, City of Lampasas, County of Lampasas, Texas, approximately 50 units; Owner: RHAC--River Park, LLC;
18. Salem Village Apartments, 5201 John Stockbauer Drive, City of Victoria, County of Victoria, Texas, approximately 105 units; Owner: RHAC--Salem, LLC;
19. Sierra Vista Apartments, 10501 Montwood, City of El Paso, County of El Paso, Texas, approximately 106 units; Owner: by RHAC--Sierra, LLC;
20. Spring Terrace Apartments, 2600 S. Spring Street, City of Amarillo, County of Potter, Texas, approximately 50 units; Owner: RHAC--Spring, LLC; and
21. Win-Lin Village Apartments, 5700 Wabash Street, City of Amarillo, County of Potter, Texas, approximately 50 units; Owner: RHAC--WinLin, LLC.
The maximum aggregate face amount of the Bonds to be issued with respect to the Projects is $44,000,000. All interested persons are invited to attend the public hearing to express orally, or in writing, their views on the Projects and the issuance of the Bonds. The Bonds shall not constitute or create an indebtedness, general or specific, or liability of the State of Texas, or any political subdivision thereof. The Bonds shall never constitute or create a charge against the credit or taxing power of the State of Texas, or any political subdivision thereof. Neither the State of Texas, nor any political subdivision thereof shall in any manner be liable for the payment of the principal of or interest on the Bonds or for the performance of any agreement or pledge of any kind which may be undertaken by the Issuer and no breach by the Issuer of any agreements will create any obligation upon the State of Texas, or any political subdivision thereof. Further information with respect to the proposed Bonds will be available at the hearing or upon written request prior thereto addressed to the Issuer at 1005 Congress Avenue, Suite 500, Austin, Texas 78701, Attention: David W. Danenfelzer; 1-888-638-3555, extension 403.
Individuals who require auxiliary aids in order to attend this meeting should contact Laura Ross, ADA Responsible Employee, at 1-888-638-3555, extension 400 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made. Individuals who require child care to be provided at this meeting should contact Laura Ross at 1-888-638-3555, extension 400, at least five days before the meeting so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to David Danenfelzer at ddanenfelzer@tsahc.org.
TRD-200702227
David Long
President
Texas State Affordable Housing Corporation
Filed: June 4, 2007
Request for Qualifications: Bond and Program Counsel
1. Purpose.
The Texas Agricultural Finance Authority (the Authority), a public authority within the Texas Department of Agriculture (the Department), is seeking proposals in response to this Request for Qualifications (RFQ) for bond and program counsel. The Authority is seeking to employ Bond Counsel and Program Counsel to assist the Authority in the issuance of and/or purchase of bonds and to provide general program assistance when needed under Chapter 44, Chapter 58, and Chapter 59 of the Texas Agriculture Code (the Code).
2. Background of the Authority
The Authority was created by the Texas Legislature for the purpose of financing innovative, diversified, or value-added production, processing, marketing, or export businesses in Texas. The Authority can provide financing through instruments including direct loans, loan guaranties, insurance, or co-insurance. The Authority is governed by a nine-member Board of Directors (the Board), appointed by the Governor with the consent of the State Senate for two-year staggered terms. Employees of the Department are designated by the Commissioner of Agriculture to administer the Authority.
The Board may approve eligible borrowers for financing through direct loans, loan guaranties, loan participation, direct issuance of obligations, or other financial instruments. The Authority may also purchase bonds or municipal anticipation notes from eligible local government entities for the purpose of assisting those local government entities in their rural economic development efforts.
Chapter 58 and Chapter 59 of the Code also provide for the issuance by the Authority of revenue bonds and general obligation bonds. Under Chapter 58 of the Code, the Authority is authorized to issue up to $230 million in general obligation bonds and up to $500 million in revenue bonds for rural agricultural development and agricultural-related projects in the state of Texas. Under Chapter 59 of the Code, the Authority may issue up to $300 million of general obligation bonds for financing agricultural real estate.
3. Statement of Duties for the Counsel.
The counsel's responsibilities for bond work will include, but will not be limited to, advice to the Board and staff of the Department (Staff) on: the legal ramifications and constraints of the issuance and investment policy; the legality of loan policy proposals and legal aspects of investments and loan policy; the legality of proposed debt structuring techniques; compliance with federal tax and securities requirements for financings associated with the Authority's programs; real and anticipated changes in state and federal law, regulations, or public policy; and the potential and real impact on existing or anticipated bond issues, investment policy, and loan policy.
With respect to new bond issues, Bond Counsel, in consultation with the Authority's Financial Advisor and Staff, may be asked to prepare or review legal documents required by the Board, Comptroller of Public Accounts, Office of the Attorney General, or outside parties; request and obtain approval of the bond issue from the Office of the Attorney General, Governor, Bond Review Board, and other required authorities; and review all financial models and render opinions on the legality and relevant tax position of the proposed issuance and lending scenario.
The counsel shall also perform such other legal services, if requested by the Authority, that do not come within the functions of Bond Counsel for a particular bond issue, but are needed for the implementation and administration of the programs of the Authority. Such services shall include, without limitation, the following: consultation concerning planning and development of programs of the Authority; providing advice concerning policies for lending or granting funds to eligible borrowers; review of program applications; review and drafting of loan documents; assistance in implementing loan guarantee programs; advice and services concerning legislation affecting such programs; advising on, and upon request of the Authority, initiating and pursuing collection actions in relation to loan programs; and providing advice concerning administration of the Authority.
4. Proposal Contents.
Responses to this RFQ should include, at least, the following: a thorough description of your firm's ability to represent the Authority in the stated job duties; a description of your firm's past experience as counsel for other state agencies; a description of your firm's past experience as counsel to state and federal banks, credit unions, finance companies, and other financial institutions; a designation of the individuals who might be assigned to the work of the Authority; examples of similar programs in which your firm has assisted as legal counsel; a quotation of your proposed fee structure based upon the issuance of financing enhanced by the general obligation of the State and/or a stand alone revenue bond issuance; a statement addressing the effort made by your firm to encourage and develop the participation of women and minorities in your firm; affirmation that the firm does not, and shall not during the term of the contract, represent any plaintiff in a proceeding seeking monetary damages from the State of Texas or any of its agencies; and a statement of willingness to comply with policies, directives, and guidelines of the Authority and the Attorney General of the State of Texas.
5. Statement of Evaluation Process.
Responses to this RFQ will be evaluated and ranked according to the information provided and summarized for the Board's review. Staff will rank the proposals and make a recommendation to the Board at the first available meeting. The Board intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at a fair and reasonable price. The Authority reserves the right to contract with separate Bond and Program Counsel, and to contract with more than one Bond or Program Counsel.
6. Proposal Requirements.
A duly authorized representative of the firm must execute the submitted response. An unsigned response will not be accepted. Issuance of this RFQ in no way constitutes a commitment by the Authority to award a contract, to issue bonds, or to pay for any services incurred either in the preparation of a response to this RFQ or for the production of any contract for services. The Authority also reserves the right to make amendments to the qualifications requested by giving written notice to all firms who receive this RFQ. All communications with the Authority concerning this RFQ and the selection of Bond Counsel or Program Counsel shall be directed to Rick Rhodes, Assistant Commissioner for Rural Economic Development, with the Department, acting as program manager on behalf of the Authority. Any contact by a submitting firm, its employees, or representatives with any Board member of the Authority for the purposes of soliciting or encouraging a favorable review may be considered grounds for disqualification.
7. Proposal Submission.
All proposals must be received no later than 5:00 p.m., August 1, 2007. Proposal responses, modifications, or addenda to an original response received by the Authority after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches the Authority before the proposed due date. Firms should submit one (1) unbound original and three (3) copies of their proposal to: Mr. Rick Rhodes, Assistant Commissioner for Rural Economic Development, Texas Agricultural Finance Authority, c/o Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress Ave., Stephen F. Austin Bldg., 11th Floor, Austin, Texas 78701.
Please mark the envelopes containing proposals with the following note in the lower left-hand corner: IN RESPONSE TO PROPOSAL REQUEST: BOND and PROGRAM COUNSEL . All proposals become the property of the Authority. Proposals must set forth full, accurate, and complete information as required by this request. Oral responses, instructions, or offers will not be considered. The Authority reserves the right to reject any and all responses.
8. Term of the Agreement.
The contract term shall be for the period beginning September 1, 2007, through August 31, 2008.
9. Terms of the Agreement.
The contract issued under this RFQ will be in the form prescribed by the Office of the Attorney General for Outside Counsel Contracts.
10. Proposal Modification.
Any response may be modified or withdrawn even after received by the Authority at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposal due date; however, non-substantive corrections or deletions may be made with the approval of Staff. The Authority reserves the exclusive right to review proposals and make an appropriate selection from such proposals. The Authority is not bound to accept any proposal by virtue of this RFQ.
11. Cost Incurred In Responding.
All costs directly or indirectly related to preparation of a response to the RFQ or any oral presentation required to supplement and/or clarify the RFQ which may be required by the Authority shall be the sole responsibility of, and shall be borne by, your firm.
12. Release Of Information And Open Records.
All proposals shall be deemed, once submitted, to be the property of the Authority and are subject to the Texas Public Information Act (the Act). Under the Act, information submitted in response to this RFQ may not be released by the Authority during the proposal evaluation process or prior to the awarding of a contract. After the Authority completes the process and a contract is awarded, proposals and information included therein may be subject to public disclosure under the Act.
TRD-200702276
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: June 6, 2007
Notice of Settlement of a Texas Clean Air Act Enforcement Action
Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.
Case Title and Court: Settlement Agreement in Harris County, Texas and the Texas Commission on Environmental Quality v. Columbia Environmental Services; Cause No. 2006-40042, 234th Judicial District, Harris County, Texas.
Background: This suit alleges violations of the Texas Clean Air Act resulting from the improper use of a trench burner in Harris County, Texas. The Defendant is Columbia Environmental Services. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Clean Air Act violations are for air pollution and air nuisance.
Nature of Settlement: The settlement awards $6,250.00 in civil penalties and $1,000.00 in attorney's fees to the State and $6,250.00 in civil penalties and $1,500.00 in attorney's fees to Harris County. The settlement also prohibits the Defendants from operating a trench burner in the State of Texas.
For a complete description of the proposed settlement, the complete proposed Interlocutory Agreed Final Judgments that will comprise the Agreed Final Judgment should be reviewed. Requests for copies of the judgments, and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.
TRD-200702132
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: June 1, 2007
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 25, 2007, through May 31, 2007. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on June 6, 2007. The public comment period for this project will close at 5:00 p.m. on July 6, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Calhoun County Navigation District; Location: The project is located in the Matagorda Ship Channel (MSC), Calhoun and Matagorda Counties, Texas. The proposed project site extends from the existing Calhoun County Navigation District (CCND) berthing facilities at the Port of Port Lavaca-Point Comfort, through Lavaca Bay and Matagorda Bay, and ending offshore in the Gulf of Mexico. The project can be located on the U.S. Geological Survey quadrangle maps entitled Decros Point, Port O'Connor, Seadrift NE, Carancahua Pass, Keller Bay, Port Lavaca East, Turtle Bay, Olivia, and Point Comfort, Texas. Project Description: The CCND proposes to deepen their berthing facilities at the Port of Port Lavaca-Point Comfort (Port), enlarge the approximately 26.6-mile-long MSC from the existing turning basin at the Port (Channel Station 117+223), through Lavaca Bay and Matagorda Bay, and ending offshore in the Gulf of Mexico (Channel Station -23+000). A proposed new turning basin at the intersection of the MSC and the Alcoa Channel would have a 1,650-foot turning circle, and the existing CCND berthing facilities, the existing and proposed turning basins, and a proposed new CCND berthing area adjacent to the proposed new turning basin would be dredged to a depth of -44 feet Mean Low Tide (MLT). The authorized channel dimensions of the MSC, from the Port to the Matagorda Peninsula, are 200 feet wide (bottom width) by -36 feet MLT deep, and the CCND proposes to enlarge this reach to 400 feet wide by -44 feet MLT deep (plus 2 feet of advanced maintenance depth and 2 feet of overdepth). The existing authorized channel dimensions through the Matagorda Peninsula are 300 feet wide by -36 feet MLT deep, and the CCND proposes to enlarge this reach to 600 feet wide by -46 feet MLT deep (plus 3 feet of advanced maintenance and 2 feet of overdepth). In the Gulf of Mexico, the existing authorized channel dimensions are 300 feet wide by -38 feet MLT deep, and CCND proposes to enlarge the offshore reach to 600 feet wide by -46 feet MLT deep (plus 3 feet of advanced maintenance and 2 feet of overdepth). The CCND proposes to use both hydraulic and mechanical dredges, including hopper dredges, to perform new work and maintenance dredging of the proposed project. Approximately 46.5 million cubic yards of new work dredged material would be generated from the proposed widening and deepening project. Maintenance dredging of the proposed channel would generate approximately 257.5 million cubic yards of material during the 50-year planning period. Dredged material would be used to create or protect habitats, nourish beaches, and cap mercury-impacted sediments, and would be placed in confined dredged material placement areas (DMPA's) in bays and on land, and in unconfined DMPA's in Matagorda Bay and in unconfined ocean dredged material disposal sites (ODMDS) in the Gulf of Mexico. Additional dredging and placement of 400,000 cubic yards of dredged material would create a levee designed to protect habitat. CCC Project No.: 07-0190-F1; Type of Application: U.S.A.C.E. permit application #24071 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403), §404 of the Clean Water Act (33 U.S.C.A. §1344), and §103 of the Marine Protection, Research and Sanctuaries Act (33 U.S.C.A. §1401). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Save Cedar Bayou, Inc.; Location: The project cannot be accessed by automobile. It is located on St. Joseph Island approximately 10 miles northeast of Rockport on the San Patricio/Aransas County Line between the Aransas National Wildlife Refuge and the San Jose Cattle Company Ranch. It is an approximately 2.52-linear-mile-long dredging project involving two channels that would connect Cedar Bayou and Vinson Slough with the Gulf of Mexico. The project can be located on the U.S.G.S. quadrangle map entitled: Saint Charles Bay SE, Texas. Approximate UTM Coordinates in NAD 27 (meters): The Cedar Bayou Channel would begin at approximately Zone 14; Easting: 711680; Northing: 3107715 and end in the Gulf of Mexico at approximately Zone 14; Easting: 711200; Northing: 3105790. The Vinson Slough Channel would begin at approximately Zone 14; Easting: 709620; Northing: 3106400; head southeast and turn almost due east at Zone 14; Easting: 710240; Northing: 3105980. It would then make a northeasterly turn at Zone 14; Easting: 710620; Northing: 3105990 where it would join the Cedar Bayou Channel at Zone 14; Easting: 711396; Northing: 3106593. Project Description: The proposed Cedar Bayou/Vinson Slough Habitat Restoration Project is a dredging project designed to reconnect Aransas Bay with the Gulf of Mexico (GOM) by re-opening Cedar Bayou. The purpose of this project is to restore and maintain the hydraulic connection between these two bodies of water by establishing a persistent hydraulic connection between Vinson Slough and Cedar Bayou at their confluence with the GOM and restore an ebb delta at the mouth of the Cedar Bayou. The applicant expects that the ebb delta will minimize sediment deposition at the mouth of the pass by allowing sediment to bypass across it. The Cedar Bayou and Vinson Slough proposed channels are not intended for navigational purposes.
To maintain the pass as an open channel the applicant proposes to excavate approximately 503,350 cubic yards of material from approximately 58.5 acres of Cedar Bayou and Vinson Slough. The material to be excavated has been identified by a geotechnical investigation as beach-quality sand with a median grain size diameter of approximately 0.15mm and a silt and clay content of no more than 5%. The 58.5-acre area is composed of 47.5 acres and 454,850 cubic yards in waters of the United States and 11.0 acres and 48,500 cubic yards from placement area that was used during a 1995 Cedar Bayou dredging event. The applicant proposes to dredge a straight channel along the easternmost 6,175 feet (approximate) of the existing Cedar Bayou Channel to the GOM. Dredging in this channel would involve the removal of 175,050 cubic yards of material from 21 acres. The other portion of the dredging operation involves the removal of approximately 279, 800 cubic yards of material from 26.5 acres to form and an angular 7115-foot channel in Vinson Slough so that it connects with the Cedar Bayou Channel before the Cedar Bayou Channel reaches the GOM. The proposed dimensions for both the Cedar Bayou and Vinson Slough Channels are 100 feet wide (bottom cut) by 6 feet deep (-5.62 feet NAVD 88) with 4H:1V side slopes. The applicant expects that the slopes of the newly dredged channel will not differ from the existing slopes, which vary from 100H:1V to 3H:1V, once hydrodynamic forces bring the channels into equilibrium.
The excavated material would be placed in two different areas near the project site. Approximately 48,500 cubic yards of material from the 1995 placement area would be used to re-nourish the beach along 18.5 acres of the upper beach approximately 3,400 feet south of the proposed channel mouth. This material will be moved using land-based earth-moving equipment and placed in the inter-tidal area along the beach. The construction template will have a berm height of +6 feet NAVD88 starting at the seaward edge of the exiting dune feature. The material will not be placed on existing vegetation. The berm width would be approximately 200 feet, terminating in a 20H:1V seaward slope down to the existing sea bottom.
The approximately 454,850 cubic yards of material would be hydraulically dredged during the channel excavation and placed offshore of the mouth to create two ebb deltas on either side of the mouth of the pass. During construction of these deltas, the maximum elevation of placed sand would not exceed +2.0 feet NAVD88. The shape of the construction template will be modified in plan view and cross-section through coastal processes. It is expected that the constructed template will rapidly transform into a submerged delta.
The construction template has a 100-foot crest width constructed to +2 feet NAVD88 with side slopes of 20H:1V to 30H:1V depending on the wave conditions during and after material placement. The northeast delta, Delta A, is approximately 2,930 feet long and contains 304,800 cubic yards placed over approximately 41 acres. The southwest delta, Delta B, is approximately 2,100 feet long and contains approximately 150,050 cubic yards placed over approximately 26 acres. The project does not propose to create emergent features in the Gulf of Mexico or turn submerged lands in to uplands.
The applicant reports that the purpose of the proposed ebb delta is to reduce wave setup at the mouth of the Bayou by pushing the location of wave breaking farther offshore. Hydrologic modeling suggests that the deltas should help to minimize the resistance to the flow out of Cedar Bayou. In addition, the applicant's models indicate that the delta will cause increased wave breaking along its seaward side and will redirect longshore sediment transport along the seaward side of the delta instead of along the Cedar Bayou shoreline, in effect bypassing the longshore sediment transport seaward of the mouth.
The applicant reports that, from their interpretation of aerial photography along the proposed channel alignment, the alignment is configured to prevent impacts to submerged vegetation and adjacent wetlands along the channel banks; however, the alignment area and the areas adjacent to it have not been surveyed for the presence or absence of submerged and emergent vegetation. It is anticipated that dredging will be conducted with a hydraulic cutterhead-type dredge and/or employ a mechanical dredging technique. The applicant proposes to conduct construction activities beginning after April 15 of the calendar year wherein work commences and will be completed prior to October 15 in order to avoid the whooping crane wintering season (October 15th to April 15th). It would not be possible to construct the project outside of the turtle nesting season (March 15th to September 30th) due to the whooping crane nesting window. Therefore, the applicant proposes to implement a turtle monitoring plan prior to and during beach construction activities. CCC Project No.: 07-0192-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-813 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Boss Operating Company; Location: The project is located in Matagorda Bay, in State Tract (ST) 150, south of Caracahua Bay, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Carancahua Pass, Texas. Approximate UTM Coordinates in NAD 27 (meters) of existing ST 150, Well No. 1: Zone 14; Easting: 757651; Northing: 3163412. Approximate UTM Coordinates in NAD 27 (meters) of existing ST 150, Well No. 2: Zone 14; Easting: 757437; Northing: 3163449. Approximate UTM Coordinates in NAD 27 (meters) of proposed ST 150, Well No. 3: Zone 14; Easting: 757416; Northing: 3163449. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities for ST 150, Well No. 3. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities. The applicant proposes to move 3,800 cubic yards of shell and gravel from their ST 150, Well No. 1, site, to the proposed ST 150, Well No. 3 site, to create a shell pad for the drilling barge.
The applicant proposes to install a 70-foot-long flowline from ST 150, Well No. 3, to ST 150, Well No. 2, and a 793-foot flowline from ST 150, Well No. 2, to ST 150, Well No. 1. The applicant proposes to use an existing access channel, previously permitted under permit 23439, to access the well sites. Depth at the project site is -12 feet below mean lower low water. CCC Project No.: 07-0194-F1; Type of Application: U.S.A.C.E. permit application #23439(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Hall-Houston Exploration II, LP; Location: The project is located in Gulf of Mexico, Federal waters, Galveston Area Block 312 in the Freeport Anchorage Area, offshore, Texas. The State Plane, Texas South Central Coordinates in NAD 27 (feet) are X=3228945.81; Y=383280.00. Project Description: The applicant proposes to drill one well from the aforementioned surface location. A typical jack-up rig would be utilized and, if producible, a 4-pile production platform would be installed. CCC Project No.: 07-0198-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-820 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Plains Exploration and Production Company ; Location: The project is located approximately 18 miles SE from Port O'Connor in OCS Block 557 of the Matagorda Island Area within the Matagorda Anchorage Area, offshore Federal waters, Texas. The State Plane, Texas South Central Coordinates in NAD 83 (feet) are X=2868658.92; Y=173654.75. Project Description: The applicant proposes to install, operate and maintain a typical jack-up rig, production platform and/or well protector, with appurtenant structures and equipment necessary to conduct oil and gas drilling/production operations. CCC Project No.: 07-0199-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-656 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200702262
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: June 6, 2007
Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the award of the following contract:
A contract is awarded to RBC Capital Markets 2711 North Haskell, Suite 2400, Dallas, Texas 75204-2936. The total contract amount for the contract is a $37,775 fee and $6,500 in expenses for each Tax Revenue Anticipation Note issue during the term of the contract. The term of the contract is May 30, 2007 through August 31, 2009.
The Comptroller's Request for Proposals #178a related to this contract award was published in the March 9, 2007, issue of the Texas Register (32 TexReg 1385).
TRD-200702228
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 4, 2007
Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapters F and G, Texas Education Code, the Comptroller of Public Accounts (Comptroller) on behalf of the Texas Prepaid Higher Education Tuition Board (Board) announces its Request for Proposals (RFP No. 178e) for Domestic Core Fixed-Income Investment Management Services (Services) in connection with the administration of the prepaid higher education tuition program. The funds to be managed are funds from contracts and investments of the program known as the Texas Tomorrow Funds (Program). The Comptroller and Board request proposals for the Services for the Program. If approved by the Board, the successful respondent(s), if any, will be expected to begin performance of the contract on or about September 1, 2007, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, June 15, 2007, after 10:00 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) after 10:00 a.m. on Friday, June 15, 2007. The website address is http://esbd.tbpc.state.tx.us
Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, June 29, 2007. Respondents are encouraged to fax Non-Mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or before Friday, July 6, 2007, the Comptroller expects to post responses to questions as a revision to the electronic notice of the issuance of the RFP. Late Non-mandatory Letters of Intent and Questions received after the deadline will not be considered; all respondents are solely responsible for ensuring timely receipt of Questions and Letters of Intent in the Issuing Office.
Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (in ROOM G24) no later than 2:00 p.m. (CZT), on Friday, July 13, 2007. Late proposals received after this time and date will not be considered; all respondents are solely responsible for ensuring timely receipt of proposals in the Issuing Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board makes the final decision on award(s). The Comptroller and the Board each reserve the right to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - Friday, June 15, 2007, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent & Questions Due - June 29, 2007, 2:00 p.m. CZT; Official Responses to Questions posted - July 6, 2007; Proposals Due - July 13, 2007, 2:00 p.m. CZT; Contract Execution - August 31, 2007, or as soon thereafter as practical; Services Available under Contract - September 1, 2007.
TRD-200702263
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 6, 2007
Pursuant to Chapters 403 and 404 of the Texas Government Code, the Texas Treasury Safekeeping Trust Company (Trust Company), through the Comptroller of Public Accounts (Comptroller), issues this Request for Letter Proposals (RFP) from local, qualified, independent law firms with offices in Austin to serve as outside counsel to the Trust Company, a statutory, special-purpose trust company. The individual attorney or attorneys primarily responsible for and performing the legal services required by the Trust Company must be based in the Austin office. Under this RFP, the Trust Company shall select qualified counsel to provide the Trust Company with legal services on an as-needed basis in a variety of general civil matters requiring expertise generally in banking, partnership, corporate, business, finance, federal taxation, contracts, administrative, securities and investments law and practice; and must have significant practice in and experience with alternative investments, including but not limited to, hedge, private equity and real estate funds (Alternative Investments). The Trust Company expects to evaluate respondents and make a contract award no later than August 31, 2007. Respondents must be able to begin providing services on an as-needed basis immediately and throughout the contract term currently expected to be September 1, 2007 through August 31, 2008, with two (2) additional options to renew, at the Trust Company's sole option, for one (1) year periods exercised one (1) year at a time but which may be changed at the discretion of the Trust Company.
Questions and Proposed Contract: Questions concerning this RFP and requests for copies of the proposed sample contract must be in writing and submitted via hand delivery or facsimile no later than Friday, June 29, 2007, 2:00pm, Central Zone Time (CZT) to William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774, telephone number: (512) 305-8673, facsimile (512) 463-3669 (Issuing Office). The Trust Company's official response to questions received by this deadline will be posted as an addendum to this Texas Marketplace notice on Friday, July 6, 2007, or as soon thereafter as practical. A copy of the proposed contract will be provided upon request.
Closing Date: An original and five (5) copies of each Letter Proposal must be hand delivered to and received in the Issuing Office at the address specified above no later than 2:00 p.m. (CZT), on Friday, July 20, 2007. Proposals received after this date and time will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.
Content: Letter Proposals must include all of the following information in order to be considered:
1. Transmittal letter that (a) describes specific experience and qualifications of both the law firm (Law Firm) and each proposed partner and associate in each of the requisite areas of practice, specifically highlighting recent experience in representing governmental entities like the Trust Company in similar matters, particularly with respect to the governmental entity investing in Alternative Investments; and (b) outlines Law Firm's understanding of the Trust Company's enabling legislation, other legislation applicable to the Trust Company, and the funds the Trust Company manages;
2. Physical address of Law Firm's Austin offices;
3. Vita for each proposed partner and associate;
4. Proposed hourly rates for each proposed partner and associate and statements as to (a) whether proposed fees are negotiable; (b) how proposed fees compare to recently contracted fees with other governmental entities on similar matters; (c) proposed reimbursement basis for out-of-pocket expenses other than travel; and (d) whether proposed fees are firm throughout expected initial contract term (September 1, 2007 through August 31, 2008);
5. Proposed mechanisms to control and communicate regarding total costs, such as providing the Trust Company with estimates of billable costs prior to beginning specific assignments and timely advising the Trust Company when additional work is required to complete those assignments;
6. Disclosures of conflicts of interest (identifying each and every matter in which the Law Firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Trust Company, Comptroller, or the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials);
7. Information regarding efforts made by the Law Firm to encourage and develop the participation of minorities and women in the provision of services such as those requested by this RFP; and
8. Confirmation of willingness to comply with the policies, directives and guidelines of the Trust Company and the Attorney General of the State of Texas.
Evaluation and Award Procedure: All qualifying Letter Proposals received by the deadline above will be evaluated based on qualifications, experience and reasonableness of proposed fees. The Trust Company will make the final selection in its sole discretion in the best interests of the Trust Company and the State of Texas. Notice of contract award will be published on the Texas Marketplace and the Texas Register as soon as possible after execution of the contract.
Limitations: The Trust Company reserves the right to accept or reject any or all Letter Proposals submitted in response to this RFP. The Trust Company is not obligated to execute any contract as a result of issuing this RFP. The Trust Company shall pay no costs or any other amounts incurred by any entity in responding to this RFP. The selected Law Firm's sole compensation shall be limited to contracted amounts in the final negotiated contract. No minimum amount of work or assignments under any resulting contract is guaranteed. No travel expenses will be paid by the Trust Company unless expressly and previously approved by the Trust Company. The Trust Company may solicit or select other legal counsel to provide the same or similar services at any time.
Summary of Schedule: The anticipated schedule, subject to change by the Trust Company, is as follows: Publication of RFP in Texas Register - Friday, June 15, 2007; Posting of RFP on Texas Marketplace - Friday, June 15, 2007; Questions and Requests for Copies of Sample Contract Due - Friday, June 29, 2007, 2:00 p.m. CZT; Official Responses to Questions Posted - Friday, July 6, 2007; Proposals Due - Friday, July 20, 2007, 2:00 p.m. CZT; Contract Execution - September 1, 2007, or as soon thereafter as practical; Services Available- September 1, 2007, or as soon thereafter as practical.
TRD-200702264
Pamela G. Smith
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: June 6, 2007
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/11/07 - 06/17/07 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/11/07 - 06/17/07 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-200702246
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 5, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 16, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 16, 2007. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Air Liquide Large Industries U.S. LP; DOCKET NUMBER: 2007-0206-AIR-E; IDENTIFIER: RN100215334; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: industrial gas manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §101.201(a)(1)(B) and Texas Health and Safety Code (THSC), §382.085(b), by failing to notify the commission of a reportable emission event; 30 TAC §101.20(1) and (3) and §101.221(a), 40 Code of Federal Regulations (CFR) §60.18(c)(2), Permit Number 32274/PSD-TX-955M1/N-042, Special Condition Number 9(A) and 9(B), and THSC, §382.085(b), by failing to properly operate emission control equipment; and 30 TAC §101.20(3) and §116.115(c), Permit Number 32274/PSD-TX-955M1/N-042, Special Condition Number 1, and THSC, §382.085(b), by failing to maintain carbon monoxide emissions; PENALTY: $6,681; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: BASF Corporation; DOCKET NUMBER: 2007-0247-AIR-E; IDENTIFIER: RN100218049; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), New Source Review (NSR) Permit Number 1733A, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c), NSR Permit Number 9513A, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $18,100; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: City of Brownsboro; DOCKET NUMBER: 2004-0077-MWD-E; IDENTIFIER: RN101721025, Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10540-001; LOCATION: Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10540-001, and the Code, §26.121(a), by failing to meet its permitted effluent limitations; PENALTY: $6,730; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(4) COMPANY: Serena Cartwright; DOCKET NUMBER: 2007-0402-LII-E; IDENTIFIER: RN105124531; LOCATION: Wimberley, Hays County, Texas; TYPE OF FACILITY: landscaping business; RULE VIOLATED: 30 TAC §30.5(b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to refrain from advertising or representing herself to the public as a person who can perform services for which a license or registration is required; PENALTY: $262; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(5) COMPANY: Charleys Concrete Co., Ltd.; DOCKET NUMBER: 2007-0448-IWD-E; IDENTIFIER: RN100809268; LOCATION: Justin, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), General Permit Number TXG110353, Numeric Effluent Limitations, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Imran Charolia; DOCKET NUMBER: 2005-0889-PST-E; IDENTIFIER: RN101192136; LOCATION: Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test a line leak detector; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to have the impressed current cathodic protection system regularly inspected; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system tested by a qualified corrosion specialist or corrosion technician; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain records on-site at facilities ordinarily manned during business hours, and make immediately available for review; 30 TAC §115.246(4) and THSC, §382.085(b), by failing to maintain proof of attendance and completion of training and documentation of all Stage II (SII) training for each employee; 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain a daily inspection log; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the SII equipment; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain all components of the SII system in proper operating condition; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay UST registration fees; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Chemicals Incorporated; DOCKET NUMBER: 2007-0590-IWD-E; IDENTIFIER: RN102145257; LOCATION: Mont Belvieu, Chambers County, Texas; TYPE OF FACILITY: organic chemical manufacturing and processing; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0003713000, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $2,780; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(8) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2007-0380-AIR-E; IDENTIFIER: RN102018322; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(1), 101.221(a), and 116.115(c), NSR Permit Number 5562A, Special Conditions 1 and 4, 40 CFR §60.18(c)(2), and THSC, §382.085(b), by failing to operate the flare with a pilot flame lit at all times and maintain an emission rate below the allowable emission limits; PENALTY: $4,275; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(9) COMPANY: Contractor's Supplies, Inc.; DOCKET NUMBER: 2007-0622-IWD-E; IDENTIFIER: RN100250034, RN100249556; LOCATION: Harrison and Gregg Counties, Texas; TYPE OF FACILITY: ready-mixed concrete plants; RULE VIOLATED: 30 TAC §305.125(1), General Permit Numbers 110319 and 110197, Permit Requirements, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for Facility 1 and 2; PENALTY: $4,380; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(10) COMPANY: Cottonwood Auction Barn, L.L.C.; DOCKET NUMBER: 2007-0556-AGR-E; IDENTIFIER: RN102900818; LOCATION: Erath County, Texas; TYPE OF FACILITY: auction barn; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a comprehensive nutrient management plan (CNMP) certified by the Texas State Soil and Water Conservation Board (TSSWCB); PENALTY: $1,840; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2007-0200-AIR-E; IDENTIFIER: RN100218684; LOCATION: Andrews County, Texas; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Federal Operating Permit (FOP) O-02566, Special Terms and Conditions No. 6, NSR Permit 2211A, Special Condition Number 1, and THSC, §382.085(b), by failing to maintain compliance with maximum allowable emission rate limits; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(12) COMPANY: E.I. du Pont de Nemours and Company; DOCKET NUMBER: 2007-0155-IHW-E; IDENTIFIER: RN100216035; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121(a), by failing to prevent the discharge of industrial hazardous waste; PENALTY: $136,400; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(13) COMPANY: City of Hamilton; DOCKET NUMBER: 2007-0307-PWS-E; IDENTIFIER: RN101383586; LOCATION: Hamilton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(d)(2)(E), by failing to provide a proper air gap connection on the filter-to-waste connection; 30 TAC §290.42(f)(2)(F), by failing to locate the dry chemical feeders in a separate room that is provided with facilities for dust control; 30 TAC §290.45(b)(2)(B) and THSC, §341.0315(c), by failing to provide a minimum treatment plant capacity of 0.6 gallons per minute per connection; and 30 TAC §290.42(e)(4)(B), by failing to provide proper housing for the gas chlorine cylinders; PENALTY: $3,266; Supplemental Environmental Project (SEP) offset amount of $3,266 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")--Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Christopher Miller, (512) 239-6580; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(14) COMPANY: Daniel Potter dba Herbert's Auto Repair; DOCKET NUMBER: 2007-0240-PST-E; IDENTIFIER: RN100574441; LOCATION: Burleson, Johnson County, Texas; TYPE OF FACILITY: automotive repair; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip the tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches a preset level no higher than 95% capacity; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to have a release detection method capable of detecting a release; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(15) COMPANY: Highway 46, LTD.; DOCKET NUMBER: 2007-0546-EAQ-E; IDENTIFIER: RN105186480; LOCATION: Bulverde, Comal County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §213.23(h), by failing to re-apply and receive approval for a Contributing Zone Plan; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(16) COMPANY: Nancy Lea Huckabee and Linda Dianne Griffith dba Huckabee Dairy; DOCKET NUMBER: 2007-0508-AGR-E; IDENTIFIER: RN102708096; LOCATION: Hamilton County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.42(s), by failing to develop and operate under a CNMP certified by the TSSWCB; and 30 TAC §321.40(1) and TPDES Registration Number WQ0003699000, Section V, Conditions of the Registration, by failing to design, construct, and operate waste control facilities to manage contaminated rainfall runoff from open lots and associated areas; PENALTY: $2,225; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: Michael Jansky dba Jansky's Sand & Gravel; DOCKET NUMBER: 2007-0156-WQ-E; IDENTIFIER: RN101926046; LOCATION: Hallettsville, Lavaca County, Texas; TYPE OF FACILITY: sand and gravel operator; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(18) COMPANY: City of Junction; DOCKET NUMBER: 2006-1802-MWD-E; IDENTIFIER: RN101920288; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: lift station; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10199001, Permit Conditions No. 2.g., and the Code, §26.121(a), by failing to prevent an unauthorized discharge of approximately 1,000 gallons of raw sewage from the collection system; and 30 TAC §317.3(e)(5), by failing to provide an operational audiovisual alarm at the lift station; PENALTY: $11,550; Supplemental Environmental Project (SEP) offset amount of $9,240 applied to holding two citywide collection events in which citizens may bring in tires, electronics, household hazardous waste, and large municipal solid waste for disposal at no cost to the citizens; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(19) COMPANY: Katy Independent School District; DOCKET NUMBER: 2007-0199-MWD-E; IDENTIFIER: RN101524973; LOCATION: Katy, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12110001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $3,140; Supplemental Environmental Project (SEP) offset amount of $2,512 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Kevin Dugas dba KH Dugas Construction/Demolition; DOCKET NUMBER: 2007-0268-MSW-E; IDENTIFIER: RN105120745; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: construction/demolition debris removal company; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the transportation of municipal solid waste for disposal at an unauthorized facility; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(21) COMPANY: Kotexan, Inc. dba U.S. One Stop Food Mart; DOCKET NUMBER: 2007-0457-PST-E; IDENTIFIER: RN102230992; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to conduct proper release detection; and 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(22) COMPANY: LGI Land, Ltd.; DOCKET NUMBER: 2007-0446-WR-E; IDENTIFIER: RN104841085; LOCATION: Altoga, Collin County, Texas; TYPE OF FACILITY: land development business; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain a permit from the commission authorizing the appropriation of state water prior to pumping state water from a reservoir on Stiff Creek to use for commercial construction and land development purposes; PENALTY: $10,499; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Loadcraft Industries, Ltd.; DOCKET NUMBER: 2006-2021-MLM-E; IDENTIFIER: RN101620748; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: trailer and oil rig manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization prior to construction and operation of a facility which emits air contaminants in the state; 30 TAC §106.452(1)(A) and THSC, §382.085(b), by failing to evacuate particulate matter emissions through a fabric filter; 30 TAC §106.8(c) and §106.433(8) and THSC, §382.085(b), by failing to comply with the general recordkeeping requirements; 30 TAC §106.433(2)(C) and §335.262(c)(1), (c)(2)(A), and (c)(2)(F) and 40 CFR §273.35(c), by failing to close universal waste containers after adding or removing waste and failure to label and mark the accumulation date on universal waste containers; 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct a hazardous waste determination; 30 TAC §335.69(f)(4) and 40 CFR §262.34(d)(4), by failing to label a hazardous waste container with the accumulation start date and the words "hazardous waste;" 30 TAC §335.262(c)(3) and 40 CFR §265.176, by failing to manage universal waste at a distance greater than 50 feet from the property line; 30 TAC §335.6(c), by failing to update the plant's notice of registration; 30 TAC §335.9(a)(2), by failing to submit a correct annual waste summary; and 30 TAC §335.4, by failing to properly handle, store, and dispose of industrial solid waste; PENALTY: $43,028; Supplemental Environmental Project (SEP) offset amount of $17,211 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")--Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(24) COMPANY: M & H Crates, Inc.; DOCKET NUMBER: 2005-0965-AIR-E; IDENTIFIER: RN101947919; LOCATION: Jacksonville, Cherokee County, Texas; TYPE OF FACILITY: crate and pallet manufacturing; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by allegedly having conducted unauthorized outdoor burning of waste wood products for disposal purposes; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(25) COMPANY: Memorial Point Utility District; DOCKET NUMBER: 2007-0300-MWD-E; IDENTIFIER: RN102806866; LOCATION: Polk County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Permit Number WQ0011147001, Effluent Limitations and Monitoring Requirements, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $3,340; Supplemental Environmental Project (SEP) offset amount of $2,672 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")--Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(26) COMPANY: Phillip Mercado; DOCKET NUMBER: 2007-0224-MSW-E; IDENTIFIER: RN105119432; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(27) COMPANY: Naz Stores Inc. dba Tully Food Mart; DOCKET NUMBER: 2007-0375-PST-E; IDENTIFIER: RN101892768; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition and free of defects; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the UST system; 30 TAC §334.50(d)(4)(A)(iii)(II) and the Code, §26.3475(c)(1), by failing to perform an automatic test for substance loss that can detect a release; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(28) COMPANY: North Milam Water Supply Corporation; DOCKET NUMBER: 2007-0309-MLM-E; IDENTIFIER: RN102681889; LOCATION: Milam County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide a properly constructed intruder-resistant fence; 30 TAC §290.43(c)(2), by failing to provide the roof hatch with a gasket to form a positive seal; 30 TAC §290.42(e)(4)(A), by failing to provide a bottle of fresh ammonia solution for testing for chlorine leakage; 30 TAC §290.42(l), by failing to maintain a facility operations manual for operator review and reference; 30 TAC §290.46(f)(2), by failing to provide water system records for review at the time of the investigation; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement or an approved exception to the easement requirement that covers the land within 150 feet of the water system's well; and 30 TAC §290.42(i) and the Code, §26.121(a), by failing to obtain a permit from the commission prior to any discharge of wastewater; PENALTY: $4,266; Supplemental Environmental Project (SEP) offset amount of $3,413 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")--Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(29) COMPANY: Ron Stuard dba Pecos River Crossing; DOCKET NUMBER: 2007-0205-PST-E; IDENTIFIER: RN103762605; LOCATION: Sheffield, Pecos County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to conduct proper release detection; and 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(30) COMPANY: Tim Peters; DOCKET NUMBER: 2007-0270-LII-E; IDENTIFIER: RN104859822; LOCATION: Houston and Katy, Harris County, Texas; TYPE OF FACILITY: lawn maintenance and landscape business; RULE VIOLATED: 30 TAC §30.5(a) and §344.4, Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to possess an irrigator license; PENALTY: $625; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(31) COMPANY: Plains Pipeline, L.P.; DOCKET NUMBER: 2007-0523-AIR-E; IDENTIFIER: RN100216712; LOCATION: Wood County, Texas; TYPE OF FACILITY: natural gas compression plant; RULE VIOLATED: 30 TAC §122.146(2), FOP Number O-02669, Special Terms and Conditions Number 5, and THSC, §382.085(b), by failing to submit compliance with the terms and conditions of FOP No. O-02669; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(32) COMPANY: Southwest Tire Disposal, LLC; DOCKET NUMBER: 2007-0186-MSW-E; IDENTIFIER: RN105153738; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: unauthorized scrap tire storage; RULE VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(33) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2007-0337-AIR-E; IDENTIFIER: RN100870898; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Air Permit Number 6618, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a) and THSC, §382.085(b), by failing to properly notify the TCEQ of an emissions event; PENALTY: $11,856; Supplemental Environmental Project (SEP) offset amount of $4,742 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Kimbery Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(34) COMPANY: Town of Ponder; DOCKET NUMBER: 2007-0289-MWD-E; IDENTIFIER: RN102739349; LOCATION: Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11287003, Effluent Limitations and Monitoring Requirements Number 1 and 2, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(35) COMPANY: TXI Operations, LP; DOCKET NUMBER: 2007-0317-IWD-E; IDENTIFIER: RN100211283; LOCATION: Navarro County, Texas; TYPE OF FACILITY: lightweight aggregate production; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01691, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $14,445; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(36) COMPANY: Wilcrest Associate, Inc. dba Sunrise Super Stop 7; DOCKET NUMBER: 2007-0217-PST-E; IDENTIFIER: RN101801553; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72, by failing to report a suspected release; 30 TAC §334.74(1), by failing to investigate a suspected release; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $4,050; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200702248
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 5, 2007
Notices issued June 1, 2007 through June 6, 2007.
TCEQ Internal Control No. 12072006-D03; 130 Cactus Investment, LP, Rebecca R. Hill, Frank Hill, et al. (Petitioners) filed a petition for creation of Travis County Municipal Utility District No. 17 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) Rebecca R. Hill, Frank Hill, and 130 Cactus Investment, LP hold fee simple title to 162.17 acres to be included within the proposed District; (2) Jesse G. Bohls, Jr., Helen Bohls Weiss, Herbert W, Bohls, Joyce Bohls Teinert, Grace Bohls Scott, David Walenta, Cheryl Walenta, Amy Walenta, Belinda Walenta, Ruth Anderson, Nancy Baden, Ted Wayne Teinert, Carl Wayne Albers, Individually and as Independent Executor and Testamentary Trustee of the Trust Created under the Will in the Estate of Julia Maria Bohls, deceased, and 130 Cactus Investment, LP hold fee simple title to 237.56 acres to be included within the proposed District; (3) Kathleen Marie England and Jay Lawrence Johnson, who signed the petition, are the only lien holders on the 162.17 acres; (4) there are no lien holders on the 237.56 acres; (4) the proposed District will contain approximately 399.73 acres located in Travis County, Texas; and (5) all of the land to be included within the proposed District is within the extraterritorial jurisdiction of the City of Pflugerville, Texas. By Resolution No. 889-06-07-25-10C, effective July 25, 2006, the City of Pflugerville, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $29,810,000.
TCEQ Internal Control No. 01092007-D08; The Stoddard Group, Ltd. and TMI, Inc. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 171 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 552.4 acres of land located in Fort Bend County, Texas; and (4) the proposed District is entirely within the corporate boundaries of the City of Fulshear, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town, or village of the State of Texas. By Resolution No. 06-135, effective December 19, 2006, the City of Fulshear, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $17,090,000.
TCEQ Internal Control No. 01092007-D06; The Stoddard Group Ltd., Katy Independent School District, and TMI Inc. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 173 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District; (3) the proposed District will contain approximately 567.3 acres of land located in Fort Bend County, Texas; and (4) the proposed District is entirely within the corporate boundaries of the City of Fulshear, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town, or village of the State of Texas. By Resolution No. 06-135, effective December 19, 2006, the City of Fulshear, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $17,200,000.
TCEQ Internal Control No. 01092007-D07; The Stoddard Group, Ltd. and TMI, Inc. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 172 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Capital Farm Credit, FLCA, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 910.0 acres of land located in Fort Bend County, Texas; and (4) the proposed District is entirely within the corporate boundaries of the City of Fulshear, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town, or village of the State of Texas. By Resolution No. 06-135, effective December 19, 2006, the City of Fulshear, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $27,600,000.
TCEQ Internal Control No. 03152007-D06; Roman Forest Consolidated Municipal Utility District of Montgomery County has applied to the Texas Commission on Environmental Quality (TCEQ) for authority to adopt and impose an annual uniform operation and maintenance standby fee of $216 per equivalent single family connection for a period of three (3) years, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and the procedural rules of the TCEQ. The TCEQ may approve the annual standby fee as requested, or it may approve a lower annual standby fee, but it shall not approve an annual standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. On January 1 of each year, a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The TCEQ may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.
INFORMATION SECTION
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "(I/we) request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to TCEQ, Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200702271
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 6, 2007
The purpose of the meeting is to obtain public input and information concerning the deletion of the site from its proposed status on the state Superfund registry.
The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing a notice of intent to delete the Dorchester Refining Company state Superfund site (the site) from its proposed status on the state Superfund registry. The state Superfund registry is the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the site is expected to be addressed under the Voluntary Cleanup Program (VCP).
The site, including all land, structures, appurtenances, and other improvements, is approximately 138 acres and located in the 1700 block of West First Street in the city of Mount Pleasant, Titus County, Texas. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.
The facility formerly known as Dorchester Refining is located on the west border of the City of Mount Pleasant. The site is bordered by the St. Louis Southern Railroad on the south, suburban areas to the west and north, Conoco bulk terminal to the northeast and a residential area to the southeast. The description of the facility is based on the information available in 2003 when the site was evaluated with the Hazard Ranking System (HRS).
Dorchester Refining was an active refinery under several owners from 1936 to 1984, refining gasoline, diesel and asphalt products. Past refining operations at the site have resulted in impact to soils and sediments. Data collected by the TCEQ as part of the 2003 HRS indicate elevated levels of heavy metals (cadmium, chromium, lead and mercury) and semi-volatile constituents (pyrene, chrysene, benzo(b)- and benzo(k)-fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene, and benzo(g,h,i)perlyene) were detected in the soils. Heavy metals (cadmium, chromium, and lead) were also detected in the sediments of nearby Tankersley creek. The elevated levels of metals and semi-volatile organic constituents in soils and sediments are attributable to the former refining operations at the site.
In April 2007, TOTAL Petrochemicals USA, Inc. and SemCrude L.P applied for acceptance into the Voluntary Cleanup Program (VCP) to clean up the site. Notice will be filed with the deed for the site in the real property records in Titus County that residual contamination is present on site. The site was proposed to the state Superfund registry with a commercial /industrial land use designation according to the Texas Risk Reduction Program regulations (30 TAC §350.53).
The site is expected to be accepted into the TCEQ Voluntary Cleanup Program and therefore upon acceptance will be eligible for deletion from the state registry as provided by 30 TAC §335.344(c).
In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comment on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on July 19, 2007, at 7:00 p.m., at the Mount Pleasant Junior High School, located at 2801 Old Paris Road, Mount Pleasant, Texas 75455.
All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m on July 18, 2007 and should be sent in writing to Luda Voskov, Project Manager, TCEQ, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 (or by facsimile: (512) 239-2450). The public comment period for this action will end at the close of the public meeting on July 19, 2007.
A portion of the record for the site including documents pertinent to the ED's proposed deletion is available for review during regular business hours at the Mount Pleasant Public Library, located at 213 North Madison, Mount Pleasant, Texas 75445. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available for persons with disabilities on the east side of Building D, convenient to access ramps that are between Buildings D and E.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-3844. Requests should be made as far in advance as possible.
For further information about the public meeting, please contact Crystal Taylor at (800) 633-9363.
TRD-200702234
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 4, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 16, 2007. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 16, 2007. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Birdsong Fuels & Services, L.L.C.; DOCKET NUMBER: 2005-1524-PST-E; TCEQ ID NUMBER: RN101813616; LOCATION: 860 Interstate Highway 10 South, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); and 30 TAC §334.22(a) and Texas Water Code (TWC), §5.702, by failing to pay outstanding UST fees for TCEQ Account No. 0047647U for Fiscal Year 2005; PENALTY: $ 2,800; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(2) COMPANY: Brad Stricker; DOCKET NUMBER: 2005-0062-LII-E; TCEQ ID NUMBER: RN104211362; LOCATION: 330 Sollock Drive and 700 West Honda Avenue, Devine, Medina County, Texas; TYPE OF FACILITY: landscape irrigator system; RULES VIOLATED: 30 TAC §30.5(a) and (b), and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to obtain a landscape irrigator's license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing two irrigation systems; PENALTY: $1,750; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Grayson Hilltop Estates Water Supply Corporation; DOCKET NUMBER: 2005-0606-PWS-E; TCEQ ID NUMBER: RN101231884; LOCATION: Fallon Drive, west of the Marshall Street intersection, Grayson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e) and Texas Health and Safety Code (THSC), §341.033(a), by failing to employ a waterworks operator holding a valid Class D or higher operator's license; and 30 TAC §290.45(f)(3), by failing to secure a written contract, a signed document of specific terms, or a memorandum or letter of understanding between the purchaser and the wholesaler that establishes a maximum purchase rate sufficient to meet system requirements; PENALTY: $2,205; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Feroz Ali Momin dba Snappy Mart; DOCKET NUMBER: 2005-0393-MLM-E; TCEQ ID NUMBER: RN102702339; LOCATION: 4303 East Highway 90, Crosby, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.121(a), by failing to prevent an unauthorized discharge of hydrocarbons into or adjacent to waters in the State; and 30 TAC §§334.74(2)(A), 334.78 and 334.80(a)(4), by failing to conduct a release investigation and confirmation steps, the initial abatement steps, site assessment, and corrective action activities for the release of petroleum from the USTs; PENALTY: $17,780; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(5) COMPANY: L & L AG Products, Inc. dba De Kalb City Cleaners; DOCKET NUMBER: 2006-1490-DCL-E; TCEQ ID NUMBER: RN105017735; LOCATION: 320 West Front Street, De Kalb, Bowie County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a), and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(6) COMPANY: Willie Scales dba Starchy Down Cleaners Kirkwood and dba Starchy Down Cleaners; DOCKET NUMBER: 2006-1240-DCL-E; TCEQ ID NUMBER: RN104964648; LOCATION: 9803 South Kirkwood Road (Facility 1), 10949 South Sam Houston Parkway West (Facility 2), Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning and/or drop station facilities; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration from to the TCEQ for Facility 1 for Fiscal Year 2006; 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for Facility 2 for Fiscal Year 2006; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay Dry Cleaner Registration Fees for TCEQ Financial Administration Account No. 24002797 for Fiscal Year 2004 and 2005 and associated late fees; PENALTY: $2,370; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200702254
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 5, 2007
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 16, 2007. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 16, 2007 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Cardinal Towing Company, Inc. dba Cardinal Towing & Auto Repair; DOCKET NUMBER: 2006-1843-PST-E; TCEQ ID NUMBER: RN101536951; LOCATION: 113 West Euless Boulevard, Euless, Tarrant County, Texas; TYPE OF FACILITY: fleet refueling station; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and Texas Water Code (TWC), §26.3475(c)(1), by failing to ensure that all underground storage tanks (USTs) are monitored for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $2,300; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Cruz Mendez dba New Way; DOCKET NUMBER: 2004-0716-PST-E; TCEQ ID NUMBER: RN102345097; LOCATION: 4306 West Marshall Avenue, Longview, Gregg County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and §26.3475(c)(1), and 30 TAC §334.50(a)(1)(A), by failing to have a release detection method capable of detecting a release from any portion of the UST system which contains regulated substances including tanks, piping and other ancillary equipment; TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2)(C), by failing to have overfill prevention equipment for five USTs; 30 TAC §334.49(c)(2)(C), by failing to check the impressed current corrosion protection system once every 60 days; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs at a retail service station; PENALTY: $16,500; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(3) COMPANY: Imran Khan dba Stop n Drive; DOCKET NUMBER: 2006-2179-PST-E; TCEQ ID NUMBER: RN102855053; LOCATION: 1708 Highway 146 North, La Porte, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $1,580; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(4) COMPANY: Inara Convenience, Inc. dba Rosedale Texaco; DOCKET NUMBER: 2005-0372-PST-E; TCEQ ID NUMBER: RN101534790; LOCATION: 6101 East Rosedale Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of two petroleum USTs; PENALTY: $2,620; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Inara Convenience, Inc, dba Rosedale Texaco; DOCKET NUMBER: 2006-0123-PST-E; TCEQ ID NUMBER: RN101534790; LOCATION: 6101 East Rosedale Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b), (b)(1)(A), (b)(2), and (b)(2)(A)(i)(III); and TWC, §26.3475(a) and (c)(1); and Agreed Order Docket No. 2003-1588-PST-E, Ordering Provision No. 2.b., by failing to monitor its USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) by using one or more of the release detection methods and, by failing to monitor pressurized piping associated with the UST system in a manner designed to detect releases from any portion of the piping system; 30 TAC §334.48(c) and Agreed Order Docket No. 2003-1588-PST-E, Ordering Provision No. 2.a., by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as a motor fuel; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number was permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube according to the UST registration and self-certification form; PENALTY: $40,610; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: North Bengal, Inc. dba Dry Clean Super Center; DOCKET NUMBER: 2006-0870-DCL-E; TCEQ ID NUMBER: RN104091012; LOCATION: 1301 North Main Street, Euless, Tarrant County, Texas; TYPE OF FACILITY: dry cleaner facility; RULES VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code (THSC), §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for the facility; PENALTY: $889; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Robert Durham dba A & A Auto Parts and Rebuilders; DOCKET NUMBER: 2006-0506-WQ-E; TCEQ ID NUMBER: RN104726831; LOCATION: 7752 Mansfield Highway, Kennedale, Tarrant County, Texas; TYPE OF FACILITY: automobile salvage yard; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulation (CFR), §122.26(c) by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state through an individual permit or a Texas Pollutant Discharge Elimination System (TPDES) Multi-Sector General Permit; and 30 TAC §21.4(f), and TWC, §5.702 by failing to pay general storm water permit fees for TCEQ Account No. 20001206 and associated late fees for Fiscal Years 2003-2005; PENALTY: $2,040; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Song Jung dba New Core Cleaners; DOCKET NUMBER: 2006-0793-DCL-E; TCEQ ID NUMBER: RN104962287; LOCATION: 1512 East Exchange Parkway, Suite 300, Allen, Collin County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,067; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: T.T.X., Inc.; DOCKET NUMBER: 2005-2080-PST-E; TCEQ ID NUMBER: RN101648079; LOCATION: 2300 Time Street, Irving, Dallas County, Texas; TYPE OF FACILITY: trucking terminal; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200702253
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: June 5, 2007
The following notices were issued during the period of May 24, 2007 through June 1, 2007.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to TCEQ, Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
ALGONQUIN WATER RESOURCES OF TEXAS, LLC has applied for a renewal of TPDES Permit No. WQ0013417001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.2 miles north of the intersection of League Line Road and Piney Shores Drive in Conroe, in Montgomery County, Texas.
ARANSAS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a major amendment to TCEQ Permit No. 11624-001 to authorize a discharge of treated domestic wastewater to a receiving body of water and an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 88,000 gallons per day via irrigation to a daily average flow not to exceed 263,000 gallons per day via discharge to a receiving body of water. The current permit authorizes the disposal of treated domestic wastewater via irrigation of 44.4 acres of public access land. The facility is located approximately 1,100 feet south of 8th Street and approximately 500 feet west of Park Road 13 (Palmetto Drive) in the Lamar Peninsula in Aransas County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.
CASTLEWOOD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011883001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located 500 feet north of Interstate Highway 10, 2,600 feet east of where Interstate Highway 10 crosses Mason Creek, and 6,300 feet west of Fry Road in Harris County, Texas.
LOWER COLORADO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 14404-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 2,700 feet east of Farm-to-Market Road 2031 (Beach Road) and approximately 1,200 feet north of the Gulf of Mexico in Matagorda County, Texas.
MA SEDONA LAKES, LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014756001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility will be located 1.1 miles east-northeast of the intersection of State Highway 288 and County Road 58 in Brazoria County, Texas.
CITY OF OAKWOOD has applied for a renewal of TPDES Permit No. 10586-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 176,000 gallons per day. The facility is located approximately 1,600 feet south-southeast of the intersection of Farm-to-Market Road 831 and Farm-to-Market Road 542, southeast of the City of Oakwood in Leon County, Texas.
CITY OF SCHULENBURG has applied for a renewal of TPDES Permit No. 10115-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 500 feet west of the intersection of Babylon Lane and Williams Avenue in the City of Schulenburg in Fayette County, Texas.
TEXAS MILITARY FACILITIES COMMISSION has applied for a renewal of TPDES Permit No. 13249-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,000 gallons per day. The facility is located approximately 1/2 mile southeast of the intersection of U.S. Highway 271 and Farm-to-Market Road 2648 in Lamar County, Texas.
CITY OF WHITEFACE has applied to the TCEQ for a major amendment to Permit No. WQ0010314001, to authorize an increase in the daily average flow from 35,000 gallons per day to 62,000 gallons per day. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 2,500 feet northeast of the intersection of State Highway 114 and Farm-to-Market Road 1780, north of the City of Whiteface in Cochran County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200702269
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 6, 2007
Notices issued May 16 through June 6, 2007.
APPLICATION NO. 12159; James E. Mauldin, Trustee, (Applicant), 923 West Loop 281, Longview, Texas 75604, has applied for a Water Use Permit to construct and maintain two (2) dams and reservoirs on an unnamed tributary of Long Creek, Sabine River Basin, for in-place recreational purposes in Gregg County. The application and partial fees were received on February 12, 2007; and additional information was received on March 19, and April 11, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on April 11, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.
APPLICATION NO. 4404B; WSG Thorntree IV, L.P., A Delaware Limited Partnership, Applicant, 5080 Spectrum Drive, Suite No. 1000 East, Addison, Texas 75001, has applied for an amendment to Water Use Permit No. 4066, (Application No. 4404) to extend the expiration date for an additional ten years for diversion and use of State water from Ten Mile Creek, Trinity River Basin for agricultural (irrigation) purposes in Dallas County, Texas. The application was received on December 15, 2006. Additional information and fees for the application was received on March 9, 2007. The application was accepted for filing and declared administratively complete on March 23, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative); mailing address; daytime phone number; and fax number, if any; (2) applicant's name and permit number; (3) the statement "(I/we) request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments, or requests for a public meeting should be submitted to TCEQ Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200702270
LaDonna Castañuela
Chief Clerk
Texas Commission of Environmental Quality
Filed: June 6, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 31, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Chester L. Slay, Jr.; SOAH Docket No. 582-04-0251; TCEQ Docket No. 2000-0396-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Chester L. Slay, Jr. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200702272
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 6, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 23, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Dirgin Water Supply Corporation; SOAH Docket No. 582-07-0267; TCEQ Docket No. 2005-1818-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Dirgin Water Supply Corporation on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200702273
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 6, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 29, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Nick Nikah; SOAH Docket No. 582-07-1759; TCEQ Docket No. 2006-0774-LII-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Nick Nikah on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200702274
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 6, 2007
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 4, 2007, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Doris Bullock dba Bullock's Mobile Home Park; SOAH Docket No. 582-06-1637; TCEQ Docket No. 2005-1042-OSS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Doris Bullock dba Bullock's Mobile Home Park on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to TCEQ, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200702275
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: June 6, 2007
The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for six individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (Council) for the following positions. The appointments will be made by the TCEQ Commissioners.
1. An elected official from a city with a population between 25,000 and 100,000 (expires August 31, 2013);
2. A representative of the financial community (expires August 31, 2013);
3. A representative from a solid waste management organization composed primarily of commercial operators (expires August 31, 2013);
4. Two representatives from the "general public" (one position expires August 31, 2011; the 2nd position expires August 31, 2013). To qualify for this position, the individual must not qualify for any of the other sixteen Council categories; and
5. A person who is experienced in the management and operation of a composting or recycling facility or an educator with knowledge of the design and management of solid waste facilities (expires August 31, 2013).
The Council was created by the 69th Legislature in 1983. Members represent various interests; i.e., city and county solid waste agencies, public solid waste district or authority, commercial solid waste landfill operators, planning regions, an environmentalist, city and county officials, financial advisor, registered waste tire processor, professional engineer, solid waste professional, composting/recycling manager and two general public representatives.
Upon request from the TCEQ Commissioners, the Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to encourage the efficient management of municipal solid waste; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery for the state of Texas.
The Council members are required by law to hold at least one meeting every three months. The meetings usually last one day and are held in Austin, Texas. Limited travel funds may be available. Additional information about the Council is available at: http://www.tceq.state.tx.us/permitting/waste_permits/advgroups/msw_advcouncil.html.
To nominate an individual: 1) ensure the individual is qualified for the position which he/she is being considered; 2) submit a biographical summary which includes work experience; and 3) provide the nominee a copy of this request. The nominee needs to submit a letter indicating his/her agreement to serve, if appointed.
All applications and nominations should clearly indicate for which position they wish to be considered and that they meet the requirements for the specific position. If applying for "a representative for the general public" position, applicants must not have any conflicts of interest and will be asked for additional information.
The deadline for written nominations and letters from nominees must be received by the TCEQ by 5:00 p.m., on July 13, 2007. The appointments will be considered at a future Commissioner's Work Session in Austin, Texas.
Please submit all correspondence to: Steve Hutchinson, Waste Permits Division, TCEQ, P.O. Box 13087, MC 126, Austin, Texas 78711-3087 or fax (512) 239-2007. Questions regarding the Council can be directed to Mr. Hutchinson at (512) 239-6716 or e-mail to shutchin@tceq.state.tx.us.
TRD-200702226
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: June 4, 2007
Notice of Contract for Major Consulting Services
The General Land Office (the "GLO") is a participant in a project for the analysis and comparison of related data to National Ocean Service ("NOS") National Standards And Proceedings (hereinafter the "Standards") of a comprehensive tide monitoring and gauging system known as the Texas Coastal Ocean Observation Network ("TCOON"). Participants include NOS, the Conrad Blucher Institute of Texas A&M University at Corpus Christi, and the U.S. Army Corps of Engineers ("COE"). TCOON is funded and administered through the cooperative effort of NOS, GLO, and COE.
Pursuant to §§2254.021 through 2254.040 of the Texas Government Code, the GLO is requesting offers for consulting services to assist with the review and analysis of tide and water level data received from the operation of TCOON during the two-year period from September 1, 2007 through August 31, 2009.
The requested consultant services will require an understanding of ocean tide gauging systems and time series analysis as performed by the NOS. The consultant selected to provide these services will be responsible for: (i) Coordination with NOS to ensure compliance with the Standards; (ii) Coordination of operational reporting with other project participants; and (iii) Inspecting and verifying station levels, stability, and locations.
The GLO has previously contracted for these consulting services, but intends to contract with a new consultant. The GLO reserves the right to evaluate the qualifications and experience of all Respondents, to reject any and/or all responses, and to negotiate specific terms of an agreement that is in the best interest of the state. The closing date for receipt of offers of these consulting services is 5:00 p.m. CDT, July 16, 2007. Further information may be obtained by contacting LaNell Aston, General Land Office, 1700 N. Congress Avenue, Austin, TX 78701-1495, phone (512) 936-1921.
TRD-200702268
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: June 6, 2007
Notice is hereby given that the Department of State Health Services issued Agreed Orders to the following registrants:
Okomed Downtown Imaging, Inc. (Registration #R30151) of Houston. A total penalty of $500 shall be paid by registrant for violations of 25 Texas Administrative Code (TAC) Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Bower Central Texas Imaging (Registration #R28686) of New Braunfels. A total penalty of $500 shall be paid by registrant for violations of 25 TAC Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Team Industrial Services, Inc. (License #L00087) of Houston. A total penalty of $2,000 shall be paid by registrant for violations of 25 TAC Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
Charles D. O'Dell, DDS (Registration #R05523) of Houston. A total penalty of $1,000 shall be paid by registrant for violations of 25 TAC Chapter 289. The registrant shall also comply with additional settlement agreement requirements.
A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, press "1" then press "0," Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200702201
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: June 4, 2007
Notice is hereby given that the Department of State Health Services ordered Martin E. McGonagle, M.D., P.A. (registrant R16136-001) of Stephenville to cease and desist using the Fischer x-ray unit until the entrance exposure radiation levels are within regulatory limits.
A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200702251
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: June 5, 2007
Notice is hereby given that the Department of State Health Services (department) ordered all radioactive material located at Aztec Manufacturing Partnership, Ltd. (unlicensed), Crowley, be impounded and not transferred without written authorization by the department.
A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200702252
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: June 5, 2007
Notice of Public Hearings--Community Services Block Grant
As part of the public information consultation and public hearings requirements for the Community Services Block Grant, a federal block grant, the Texas Department of Housing and Community Affairs (TDHCA) is conducting four public hearings. The primary purpose of the hearings is to solicit comments on the proposed use and distribution of federal fiscal year (FFY) 2008-2009 funds provided under the Community Services Block Grant (CSBG) and to receive public comment on the Draft Community Services Block Grant State Plan and Application for 2008-2009.
The schedule for the four public hearings is as follows:
Monday, July 9, 2007
6:00 p.m.
Texas Department of Housing and Community Affairs
221 East 11th Street, room #116
Austin, Texas 78701
Tuesday, July 10, 2007
2:00 p.m.
Dallas Urban League
4315 South Lancaster
Dallas, Texas 75216
Wednesday, July 11, 2007
6:00 p.m.
City of Lubbock, City Hall Municipal Building
1625 13th Street, room 101
Lubbock, Texas 79457
Thursday, July 12, 2007
2:00 p.m.
Gulf Coast Community Services Association
5000 Gulf Freeway, Building 1
Houston, Texas 77023
Individuals who require auxiliary aids or services should contact Gina Esteves, ADA Responsible Employee, at least two days before the scheduled hearing at (512) 475-3943 so that appropriate arrangements can be made.
A representative from TDHCA will be present to explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan. The Draft Community Services Block Grant State Plan and Application for 2008-2009 may be obtained on or about July 2, 2007 by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, Community Services Section, P. O. Box 13941, Austin, Texas 78711-3941 or calling (512) 475-3905. For questions, contact the Community Services Section at (512) 475-3905. Comments on the plan may be in the form of written comments or oral testimony at the hearings or submitted by mail to TDHCA at the address previously provided or by e-mail to rita.garza@tdhca.state.tx.us. Comments must be received no later than July 12, 2007.
TRD-200702277
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: June 6, 2007
Request for Proposal (RFP) for Consulting Services
The Texas State Library and Archives Commission (TSLAC) intends to seek professional consulting services to evaluate its interlibrary loan program. The result of this study will provide valuable information to TSLAC in order to examine options for meeting interlibrary loan needs in terms of costs and benefits and provide a blueprint for building interlibrary loan services at the state level into the future. The study will also help TSLAC to determine the needs of the Texas interlibrary loan community as they strive to meet patron demands for informational materials and determine the attitudes and perceptions of Texas librarians toward various methods of interlibrary loan delivery.
TSLAC expects to make an award not to exceed $70,000.00.
A complete copy of the RFP will be posted on or before June 18, 2007 in the Texas Building and Procurement Commission, Electronic State Business Daily (ESBD) located at http://esbd.tbpc.state.tx.us/.
Please E-mail any questions with RFP #306-07-LRS-02 to: Purchase@tsl.state.tx.us. All questions must be received no later than June 21, 2007. TSLAC will post all questions and answers on June 28, 2007 by the close of the business day.
Contact: Charlotte Craig, Senior Purchaser
TRD-200702245
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: June 4, 2007
Instant Game Number 798 "World Poker Tour $100,000 Texas Hold'Em"
1.0 Name and Style of Game.
A. The name of Instant Game No. 798 is "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM". The play style is "poker".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 798 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 798.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible red play symbols are: A DIAMOND SYMBOL, K DIAMOND SYMBOL, Q DIAMOND SYMBOL, J DIAMOND SYMBOL, 10 DIAMOND SYMBOL, 9 DIAMOND SYMBOL, 8 DIAMOND SYMBOL, 7 DIAMOND SYMBOL, 6 DIAMOND SYMBOL, 5 DIAMOND SYMBOL, 4 DIAMOND SYMBOL, 3 DIAMOND SYMBOL, 2 DIAMOND SYMBOL, A HEART SYMBOL, K HEART SYMBOL, Q HEART SYMBOL, J HEART SYMBOL, 10 HEART SYMBOL, 9 HEART SYMBOL, 8 HEART SYMBOL, 7 HEART SYMBOL, 6 HEART SYMBOL, 5 HEART SYMBOL, 4 HEART SYMBOL, 3 HEART SYMBOL and 2 HEART SYMBOL. The possible black play symbols are: A SPADE SYMBOL, K SPADE SYMBOL, Q SPADE SYMBOL, J SPADE SYMBOL, 10 SPADE SYMBOL, 9 SPADE SYMBOL, 8 SPADE SYMBOL, 7 SPADE SYMBOL, 6 SPADE SYMBOL, 5 SPADE SYMBOL, 4 SPADE SYMBOL, 3 SPADE SYMBOL, 2 SPADE SYMBOL, A CLUB SYMBOL, K CLUB SYMBOL, Q CLUB SYMBOL, J CLUB SYMBOL, 10 CLUB SYMBOL, 9 CLUB SYMBOL, 8 CLUB SYMBOL, 7 CLUB SYMBOL, 6 CLUB SYMBOL, 5 CLUB SYMBOL, 4 CLUB SYMBOL, 3 CLUB SYMBOL, 2 CLUB SYMBOL, $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250, $500, $5,000, $100,000, MERCH and WPT.
D. Play Symbol Caption - the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, $250, $500 or PACK.
I. High-Tier Prize - A prize of TRIP, $5,000 or $100,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (798), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 798-0000001-001.
L. Pack - A pack of "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game No. 798 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game is determined once the latex on the ticket is scratched off to expose 50 (fifty) Play Symbols. At each table, use YOUR 2 CARDS and the COMMUNITY CARDS to make your best 5-card poker hand. Do the same with THEIR 2 CARDS. If YOUR best 5-card poker hand beats THEIR best 5-card poker hand at the same TABLE, the player wins the prize shown for that TABLE. Each TABLE uses one 52-card deck. There are no Wild Cards. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 50 (fifty) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 50 (fifty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 50 (fifty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 50 (fifty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot for spot.
B. No duplicate non-winning prize symbols on a ticket.
C. A ticket may only win once in each table for a total of five possible wins on a ticket.
D. No duplicate tables, in any order, on any ticket.
E. Each table on a ticket will use a deck of fifty-two (52) cards.
F. Listed below is a Glossary of Terms for use in the patterns to follow: "Starting Hand" - The two (2) cards underneath the scratch-off coating marked "YOUR 2 CARDS," or underneath the Scratch-off coating marked "THEIR 2 CARDS". "Table" - Any of the five (5) play areas on each ticket. "Board" - The five (5) cards underneath the scratch-off coating marked "COMMUNITY CARDS". "Suit" - The Spades, Hearts, Diamonds and Clubs are the four (4) Suits. "Suited" - Any amount of cards where each card is of the same Suit (for example, 4 of Hearts + 5 of Hearts). "Non-suited" - Any amount of cards where at least one is of a different suit (for example, 4 of Hearts + 5 of Spades). "Sequential" - Any amount of cards that are connected (for example, 10 of Hearts; Jack of Hearts; Queen of Diamonds; King of Clubs; Ace of Spades). "Non-Sequential" - Any amount of cards that are not connected (for example, Ace of Hearts + Queen of Diamonds). "Pair" - Two (2) cards of the exact same rank (for example, Ace of Diamonds + Ace of Spades or 7 of Hearts + 7 of Clubs). "Three of a Kind" - Three (3) cards of the exact same rank. "Straight" - Five (5) non-suited cards in sequential order (for example, 2 of Clubs; 3 of Hearts; 4 of Diamonds; 5 of Spades; 6 of Diamonds). "Flush" - Five (5) non-sequential cards of the same suit (for example, 2 of Diamonds; 4 of Diamonds; 5 of Diamonds; Jack of Diamonds; King of Diamonds). "Full House" - Three (3) of a kind with a pair (for example, 4 of Diamonds; 4 of Clubs; 4 of Spades; 9 of Hearts; 9 of Diamonds). "Four of a Kind" - Four (4) cards of the exact same rank. "Straight Flush" - Five (5) suited and sequential cards, EXCEPT the highest five (5) sequential cards. "Royal Flush" - The highest five (5) suited and sequential cards (for example, 10 of Diamonds; Jack of Diamonds; Queen of Diamonds; King of Diamonds; Ace of Diamonds). "Final Hand" - The highest ranking five-card hand that uses the two (2) cards in either STARTING HAND with the five (5) cards on the Board.
G. Each and every Starting Hand (YOUR 2 CARDS or THEIR 2 CARDS) will come from one of the following groups: A. Any Pair B. Any Suited and Sequential two (2) cards C. Any Non-Suited and Sequential or any Non-Suited and Non-Sequential Cards where BOTH cards are either a 10, Jack, Queen, King or Ace
H. The Suit or Suits used in one of the Starting Hands will NEVER match any of the Suit or Suits in the other Starting Hand for that table.
I. In any table, the two (2) starting Hands will never be of the same rank (for example, Jack of Hearts + 10 of Hearts vs. Jack of Diamonds + 10 of Clubs or 4 of Clubs + 4 of Diamonds vs. 4 of Hearts + 4 of Spades.
J. No Board will ever contain a Straight, Flush, Full House, Four of a Kind, Straight Flush or Royal Flush.
K. No Board will ever contain four (4) cards of the same suit.
L. Every Straight or Straight Flush will use the card ranks below. An Ace will never be used in a Straight or Straight Flush. 2, 3, 4, 5, 6 3, 4, 5, 6, 7 4, 5, 6, 7, 8 5, 6, 7, 8, 9 6, 7, 8, 9, 10 7, 8, 9, 10, Jack 8, 9, 10, Jack, Queen 9, 10, Jack, Queen, King
M. A Straight will never appear in the same table with a Straight Flush or a Royal Flush.
2.3 Procedure for Claiming Prizes.
A. To claim a "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize of $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $250, $500 or PACK, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00, 50.00, $75.00, $100, $250, $500 or PACK ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize of TRIP, $5,000 or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "WORLD POKER TOUR $100,000 TEXAS HOLD 'EM" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 798. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 798 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 798, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200702265
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 6, 2007
1.0 Name and Style of Game.
A. The name of Instant Game No. 840 is "BIG MONEY BINGO". The play style is "bingo with multiplier".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 840 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 840.
A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, FREE, 1X SYMBOL, 2X SYMBOL, 3X SYMBOL, and 5X SYMBOL.
D. Play Symbol Caption--the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
E. Retailer Validation Code--Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.
F. Serial Number--A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be: 0000000000000.
G. Low-Tier Prize--A prize of $5.00, $10.00, $15.00, or $20.00.
H. Mid-Tier Prize-- A prize of $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500.
I. High-Tier Prize--A prize of $1,000, $2,000, $5,000, $20,000, or $50,000.
J. Bar Code--A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number, and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.
K. Pack-Ticket Number--A 13 (thirteen) digit number consisting of the three (3) digit game number (840), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 840-0000001-001.
L. Pack--A pack of "BIG MONEY BINGO" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse, i.e., reverse order will be : the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 will be shown on the back of the pack.
M. Non-Winning Ticket--A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "BIG MONEY BINGO" Instant Game No. 840 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules; these Game Procedures; and the requirements set out on the back of each instant ticket. A prize winner in the "BIG MONEY BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 181 (one hundred eighty-one) play symbols. The player must scratch off the CALLER'S CARD area to reveal 24 (twenty-four) Bingo Numbers and six (6) Bonus Numbers. The player must scratch all the Bingo Numbers on CARDS 1 through 6 that match the Bingo Numbers and Bonus Numbers on the CALLER'S CARD. Each CARD has a corresponding prize legend. Players win by matching those same numbers on the six Player's Cards. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, they win a prize according to the legend of the respective playing grid. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical, or diagonal line pattern in any one card, the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers in all four (4) corners pattern in any one card, the player wins prize according to the legend of the respective playing card. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card, the player wins prize according to the legend of the respective playing card. In the PRIZE MUTIPLIER play area, if a player reveals a "2X", "3X", or "5X" play symbol, any prize won on Cards 1 through 6 is multiplied by that amount. The player can win up to six times on any ticket but only once on each "card". No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 181 (one hundred eighty-one) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code, and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted, or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code, and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut and have exactly 181 (one hundred eighty-one) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective, or printed or produced in error;
16. Each of the 181 (one hundred eighty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.
17. Each of the 181 (one hundred eighty-one) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets within in a pack will not have identical patterns.
B. A ticket will win as indicated by the prize structure.
C. A ticket can win up to six times and only once per Card.
D. There will never be more than one win on a single player's Card.
E. The highest prize won per card will be paid.
F. No duplicate numbers will appear on the CALLER'S CARD.
G. No duplicate numbers will appear on each individual player's Card.
H. The number range used for each letter will be as follows: B: 01 - 15; I: 16 - 30; N: 31 - 45; G: 46 - 60; O: 61 - 75.
I. Each player's Card on the same ticket must be unique.
J. The 24 CALLER'S CARD numbers and 6 BONUS NUMBERS will match 53 to 83 numbers per ticket.
K. The 'near wins' are to be distributed approximately equally in the six player's Cards.
L. There will be at least one (1) 'near win' on each of the six (6) player's Cards on each non-winning ticket.
M. A 'near win' is one number short of a complete horizontal, vertical, diagonal line or 4 corners, except for the 'X' where there are two numbers less, one in each diagonal line (one of which must be a corner).
N. The play symbols "1X", "2X", "3X", and "5X" will be used in the PRIZE MULTIPLIER area.
O. The play symbols will be used on winning tickets only as per the prize structure.
P. The "1X" symbol will be used on winning tickets when the prize is not multiplied, as per the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "BIG MONEY BINGO" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "BIG MONEY BINGO" Instant Game prize of $1,000, $2,000, $5,000, $20,000, or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "BIG MONEY BINGO" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Office of Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BIG MONEY BINGO" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BIG MONEY BINGO" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family, or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 840. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 840 without advance notice; at which point, no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 840; the State Lottery Act (Texas Government Code, Chapter 466); applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401; and all final decisions of the Executive Director.
TRD-200702244
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 4, 2007
Notice of Consultant Contract Award
Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the March 2, 2007, issue of the Texas Register (32 TexReg 1153). The selected consultant will perform technical and professional work to Collect and Analyze Traffic Data on Limited-Access Highways in the Dallas-Fort Worth Metropolitan Area Via Remote Sensing.
The consultant selected for this project is Skycomp Incorporated., 5999 Harper's Farm Road, #E-225, Columbia, MD 21044. The maximum amount of this contract is $355,000.
TRD-200702247
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: June 5, 2007
Notice of Application for a Certificate to Provide Retail Electric Service
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 31, 2007, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Consulting Groups Network, LLC for Retail Electric Provider (REP) Certification, Docket Number 34363 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the entire State of Texas.
Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 22, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34363.
TRD-200702249
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 5, 2007
Notice is given to the public of an application filed on May 29, 2007 with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.
Docket Style and Number: Application of AT&T Texas to amend a Certificate of Convenience and Necessity to amend the Service Area Boundaries between the Crandall and Forney Exchanges. Docket Number 34349.
The Application: The minor boundary amendment is being filed to transfer a small portion of the Crandall Exchange to the Forney Exchange of AT&T Texas to accommodate an addition to an existing development in the Forney Exchange. The proposed change will keep the development from being served by two exchanges.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by June 22, 2007, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 34349.
TRD-200702154
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 1, 2007
On June 1, 2007, OnFiber Carrier Services, Inc. and Qwest Communications Corporation filed an application with the Public Utility Commission of Texas (commission) to amend their service provider certificates of operating authority (SPCOAs) granted in SPCOA Certificate Numbers 60363 and 60367. The Applicants intend to reflect consolidation, relinquishment of SPCOA held by OnFiber Carrier Service, Inc., and to reflect a change in service area and corporate restructuring.
The Application: Application of OnFiber Carrier Services, Inc., and Qwest Communications Corporation for Amendments to their Service Provider Certificates of Operating Authority, Docket Number 34374.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 27, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34374.
TRD-200702256
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 5, 2007
Notice is given to the public of an application filed with the Public Utility Commission of Texas on June 1, 2007, for designation as an eligible telecommunications provider (ETP) and eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.417 and §26.418, respectively.
Docket Title and Number: Application of Talk Now Telco for Designation as an Eligible Telecommunications Carrier (ETC) and as an Eligible Telecommunications Provider (ETP) Docket Number 34371.
The Application: The company is requesting ETC/ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e) and PURA §56.023, the commission designates qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. Talk Now Telco seeks ETC/ETP designation in the study area of AT&T, a non-rural incumbent local exchange carrier. The Company holds Service Provider Certificate of Operating Authority Number 60753.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 27, 2007. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 34371.
TRD-200702255
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 5, 2007
On May 31, 2007, Qwest Interprise America, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60121. Applicant intends to relinquish its certificate.
The Application: Application of Qwest Interprise America, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 34364.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 20, 2007. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 34364.
TRD-200702260
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 5, 2007
Notice is given to the public of an application for sale, transfer, or merger filed with the Public Utility Commission of Texas on May 31, 2007, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.001 and §37.154 (Vernon 1998 & Supp. 2006) (PURA).
Docket Style and Number: Application of EnergyCo, LLC for Approval of Acquisition of Generation Facility Pursuant to PURA §39.158, Docket Number 34369.
The Application: EnergyCo, LLC (EnergyCo) filed an application for approval of acquisition of a generating facility currently owned by CoGen Lyondell, Inc. (CoGen), a wholly-owned indirect subsidiary of Dynegy Holdings, Inc. (Dynegy). As part of the transaction, Dynegy will convert CoGen from a Texas corporation to a limited liability company to be named CoGen Lyondell, LLC (CoGen LLC). At the close of the transaction, EnergyCo will purchase all of the issued and outstanding membership interests of CoGen.
EnergyCo is currently affiliated with Altura Power, LP (Altura), which owns, Twin Oaks, a 306 MW generating facility located in Robertson County, Texas and delivers electricity in the Electric Reliability Council of Texas (ERCOT) region. EnergyCo is jointly owned by PNM Resources, Inc. (PNM Resources) and ECJV Holdings, LLC (ECJV Holdings), which each hold a 50% interest. On or about June 1, 2007, PNM Resources will contribute Altura to EnergyCo.
The contribution was announced in PNM Resources' definitive proxy statement filed with the Securities and Exchange Commission on April 12, 2007.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 34369.
TRD-200702250
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 5, 2007
Request for Proposal for Aviation Engineering Services
Kimble County, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services as described in this notice.
Airport Sponsor: Kimble County, Kimble County Airport, TxDOT CSJ No.: 0707JNCTN.
Scope: Provide engineering/design services for site development and associated appurtenances for a pre-engineered metal aircraft hangar building system, pavement, and drainage improvements at the Kimble County Airport.
The DBE goal is set at 6%. TxDOT Project Manager is Megan Caffall.
To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online by selecting "Kimble County Airport" at:
www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site at:
www.dot.state.tx.us/services/aviation/consultant.htm
The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed previously. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.
Please note:
Seven completed, unfolded copies of Form AVN-550 must be received by TxDOT, Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than July 9, 2007, 4:00 p.m. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:
http://www.dot.state.tx.us/services/aviation/consultant.htm
All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Megan Caffall, Project Manager, for technical questions at 1-800-68-PILOT (74568).
TRD-200702121
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: May 31, 2007
The Town of Addison, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below:
Airport Sponsor: Town of Addison, Addison Airport. TxDOT CSJ No.:0618ADDSN. Scope: Provide engineering/design services to rehabilitate the access road and apron serving the fuel farm.
The DBE goal is set at 10%. TxDOT Project Manager is Alan Schmidt, P.E.
Future scope of work within the next five years may include: upgrade signage, implement declared distances, extend Medium intensity runway lights, upgrade and install precision approach path indicators, airport lighting improvements, overlay, reconstruct, and rehabilitate airside pavements, install Engineered Arresting Materials System, recapture threshold, drainage study, drainage improvements, mitigate obstructions, runway safety area improvements, and pavement marking.
To assist in your proposal preparation the 5010 drawing is available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Addison Airport." The proposal should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.
Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at http://www.dot.state.tx.us/services/aviation/consultant.htm . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.
Please note:
Seven completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than July 11, 2007, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.
The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.
If there are any procedural questions, please contact Amy Slaughter, Grant Manager, or Alan Schmidt, Project Manager for technical questions at 1-800-68-PILOT (74568).
TRD-200702267
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: June 6, 2007
Notice of Request for Information for Outside Legal Services Related to Real Estate, Oil and Gas, and Mineral Interest Matters
The University of North Texas System (UNT System) requests information from law firms interested in representing the agency and its component institutions in real estate, oil and gas, and mineral interest matters. This Request for Information (RFI) is issued to establish (for the time frame beginning September 1, 2007 to August 31, 2008, with the potential for an extension at the option of the UNT System until August 31, 2009) a referral list from which the UNT System, by and through its Office of Vice Chancellor and General Counsel, will select appropriate counsel for representation on specific real estate, oil and gas, and/or mineral interest matters as the need arises.
Description: The UNT System is comprised of one health institution, the University of North Texas Health Science Center at Fort Worth, and two academic institutions, the University of North Texas and the University of North Texas System Center at Dallas, which are located in three different cities in Texas. Subject to approval by the Office of the Attorney General (OAG) for the State of Texas, the UNT System will engage outside counsel to provide advice and counsel in regard to a broad range of real estate matters involving the Agency and the Agency's component institutions, which shall include but not be limited to addressing issues related to transactions involving real estate, oil and gas, and mineral interests. Counsel will evaluate proposals, review surveys, examine title and title commitments, assist in curing title exceptions and/or defects, draft, review and negotiate contracts and lease agreements, and provide such other guidance and expertise as may be necessary to protect and develop the Agency's varied real estate interests, oil and gas interests, and/or mineral interests in certain properties. Counsel may further be called upon to assist in the acquisition of real estate property and/or mineral interests in certain properties. The UNT System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of UNT System's Office of Vice Chancellor and General Counsel.
Responses; Qualifications: Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services requested, including the firm's prior experience in real estate, oil and gas and mineral interest-related matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and real estate, oil and gas, and mineral interest matters in particular; (2) the names and experience of the attorneys who may be assigned to work on such matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who may be assigned to perform services in relation to real estate, oil and gas and mineral interest matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UNT System, a component institution of the UNT System, or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the UNT System, the component institutions of the UNT System and the OAG for the State of Texas.
The law firm(s) or attorney(s) will be selected based on demonstrated knowledge and experience, quality of staff assigned to perform services under the contract, compatibility with the goals and objectives of the UNT System, and reasonableness of proposed fees. The successful firm(s) or attorney(s) will be required to sign the Texas OAG's Outside Counsel Agreement, and execution of a contract with the UNT System is subject to approval by the Texas OAG. The UNT System reserves the right to accept or reject any or all responses submitted. The UNT System is not responsible for and will not reimburse any costs incurred in developing and submitting a response.
Format and Person to Contact: Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, or electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Michelle Williams, Associate General Counsel, University of North Texas System, P.O. Box 310907, Denton, Texas 76203-0907; or e-mail mwilliams@unt.edu or fax to (940) 369-7026.
Deadline for Submission of Response: All responses must be received at the address set forth above no later than 5:00 p.m., July 15, 2007. Questions regarding this request may be directed to Michelle Williams at (940) 565-2717.
TRD-200702261
Joey Saxon
Director of Purchasing and Payment Services
University of North Texas System
Filed: June 5, 2007
PURPOSE
The University of North Texas System (the "System") is requesting information from law firms desiring to serve in a nonexclusive capacity as Bond Counsel for the System.
DESCRIPTION OF SYSTEM AND BOND ISSUANCE AUTHORITY
The University of North Texas System is comprised of the University of North Texas, the University of North Texas Health Science Center at Fort Worth and the University of North Texas System Center at Dallas. The System is governed by a nine-member Board of Regents. The current Board members are: John Robert "Bobby" Ray, Chairman; Burle Pettit; Gayle Strange; Marjorie Craft; Charles Mitchell; Robert Nickell; Al Silva; C. Dan Smith and Rice Tilley, Jr.
Bonds are issued under authority granted the System in Article VII, §17 of the Texas Constitution. Federal tax related matters regarding bonds issued by the System, including strategies and management practices in the conduct of a debt program, requires a close working relationship with Bond Counsel. The System invites responses to this RFI from qualified firms for the provision of such legal services.
TIME SCHEDULE AND PERSON TO CONTACT
Three (3) copies of your response must be submitted by 3:00 p.m. on July 15, 2007 to:
Mr. Phillip Diebel
Vice Chancellor for Finance
University of North Texas System
P.O. Box 310500
Denton, Texas 76203
A duly authorized representative of the firm must execute the submitted response. An unsigned response will not be accepted. Clearly mark the envelopes containing the responses with the following phrase in the lower left hand corner: "IN RESPONSE TO RFI: BOND COUNSEL." All responses become the property of the System. Responses must set forth accurate and complete information as required by this RFI. Oral instructions or offers will not be considered.
It will not be necessary for a representative of your firm to be in attendance at 3:00 p.m. on July 15, 2007.
Responses will be reviewed by the System Administration. After review, certain persons who have responded to the RFI may be requested to elaborate on their responses. After identification of the most highly qualified respondent on the basis of demonstrated competence and qualifications, the System will attempt to negotiate a contract with that respondent at a fair and reasonable price. If a contract cannot be negotiated, the System shall enter into negotiations with the next most highly qualified respondent and this process will continue until a final selection is made or the RFI process is ended.
All respondents to this "Request for Information" will be notified of the System's decision.
Information may be obtained by calling Phil Diebel at 940-565-2055.
RESPONSES
Responses to this RFI should include the following information:
1. A brief description of the firm or attorney's history and general experience.
2. A description of the firm or attorney's qualifications for performing the legal services of Bond Counsel, including prior experience in bond issuance matters and securities law issues for state agencies with particular emphasis on Texas college and university issues.
3. A description of the insurance coverage carried by your law firm, including but not limited to, disclosure of the insurer and policy (ies) limits.
4. The identity of each of the lawyers who will be assigned to work with the University and a description of his or her experience and legal background in rendering legal opinions in the area of public finance.
5. Outline of the firm's general experience during the past five years with the major rating agencies.
6. The submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services for the System, flat fees, formula for percentage payment based on bond or financial paper issuance, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses. In the initial review, this information will only be considered for informational purposes and to establish the current market range with respect to fee information. After a respondent has been identified as the most highly qualified, the System will attempt to negotiate a contract with the respondent that includes a fair and reasonable payment for services.
7. Discuss the management philosophy of the firm as it relates to the control of fees and expenses and allowances for non-billable time. Explain your billing procedure.
8. Provide any other information about the firm that you feel is relevant to the consideration of your firm being chosen as Bond Counsel.
9. Confirmation of willingness to comply with policies, directives and guidelines of the System and the Attorney General of the State of Texas as well as state and federal law.
BASIS OF AWARD
Issuance of this RFI in no way constitutes a commitment by the System to award a contract.
The System will make the selection for Bond Counsel based upon its perception of demonstrated competence and qualifications, including familiarity with public finance and state and federal tax law. The System will also make its selection based on the negotiation of a contract that includes fair and reasonable payment for services.
System Administration will give first consideration to firms whose principal place of business is located in Texas. By issuing this RFI, the System has not committed itself to employ a Bond Counsel. The System also retains the right to employ one or more firms to act as Bond Counsel or to address financial or security issues during the time period in which a contract related to this RFI is in effect. The System reserves the right to make those decisions after receipt of responses and the System Administration's decision on these matters is final.
The System reserves the right to negotiate individual elements of a response and to reject any and all responses. Any award will be contingent on the negotiation of a contract and final approval by the Office of the Attorney General.
SCOPE OF SERVICES AND PAYMENT TERMS
The selected Bond Counsel shall provide representation to the System on specific bond and commercial paper matters, securities law issues, and related financial matters as the need arises. The System's needs include the usual and necessary services of a Bond Counsel in connection with the issuance, sale and delivery of bonds. Bond Counsel shall be responsible for all duties and services necessary or advisable to facilitate the issuance of bonds as stated on the attached schedule. Bond Counsel may also be requested to address issues related to the issuance of commercial paper and increasing the System's self liquidity.
Legal fees and expenses, if any, for legal services under the terms of this engagement that are related to bond or commercial paper issuance shall be paid only out of the principal amount of the issuance and are therefore contingent upon the issuance of the bonds or commercial paper.
Hourly fees shall be paid for work related to increasing the System's self liquidity and for other projects that do not involve issuances and that do involve more than casual or intermittent services. For casual or intermittent services not related to a specific or future bond or commercial issue, no fee will be charged.
There shall not be individual liability of any member of the Board of Regents or other officials of the University, for the payment of any amounts due hereunder.
TERM OF AGREEMENT
The contract term for this engagement will be for the period from September 1, 2007 to August 31, 2008 with a potential extension at the option of the System until August 31, 2009. The System retains the right to terminate the contract for legal services for any reason subject to written notice and upon payment of earned fees and expenses accrued as of the date of termination.
COST INCURRED IN RESPONDING
Issuance of this RFI in no way constitutes a commitment by the System to pay any legal services incurred either in the preparation of a response to this RFI or for the production of any contract for legal services. All costs directly or indirectly related to preparation of a response to this RFI or any supplemental information required to clarify the RFI which may be required by the System shall be the sole responsibility of, and shall be borne by, the Respondent.
RELEASE OF INFORMATION
The System Administration, during the response evaluation process or prior to contract award, shall not release information submitted relative to this request.
OPEN RECORDS
All responses shall be deemed, once submitted, to be the property of the System and subject to the Public Information Act, Chapter 552 of the Texas Government Code.
SCHEDULE OF BOND COUNSEL FEES
The Bond Counsel will perform all usual and necessary legal services as Bond Counsel. Specifically, they will prepare and direct legal proceedings and perform other necessary legal services with reference to the authorization, sale and deliver of bonds, including the following:
1. Preparation of all resolutions and other instruments pursuant to which bonds will be authorized, sold, and delivered in consultation with the Board of Regents of the System; the Underwriters with respect to the bonds, if any; the Financial Advisor; and the officers of the System.
2. Preparation of any trust indenture or trust agreements authorizing or securing the bonds.
3. Attendance at meetings of the Board of Regents of the System to the extent required or requested with reference to the authorization and issuance of the bonds.
4. Attendance at meetings with prospective bond purchasers or rating agencies to the extent required or requested.
5. Attendance at meetings of the State Bond Review Board to the extent required or requested.
6. Obtaining the approval of the bonds of the Attorney General of the State of Texas and the registration of the bonds by the Comptroller of Public Accounts of the State of Texas, as required by law.
7. Supervising the execution of the bonds and delivery thereof to the purchasers.
8. When so delivered, rendering an opinion covering the validity of the bonds under Texas law and the tax-exempt status of the interest thereon under federal income tax laws.
9. Interpretations concerning bond covenants when requested by representatives of the System.
For each separate installment or series of bonds, except "advance refunding bonds," fees covering legal services as Bond Counsel will be calculated as follows:
1. Minimum fee of $_____________ for issues the principal amount of which is $10,000,000 or less;
2. For issues the principal amount of which is more than $10,000,000 but not exceeding $25,000,000, $______________ per $1,000 increment of the principle amount;
3. For issues the principal amount of which is more than $25,000,000 but not exceeding $50,000,000, $______________ per $1,000 increment of the principal amount;
4. For issues the principle amount of which is more than $50,000,000 but not exceeding $100,000,000, $______________ per $1,000 increment of the principal amount; and
5. For issues the principle amount of which is more than $100,000,000, $_____________ per $1,000 increment of the principle amount.
The fee for "advance refunding" bonds will be $_____________ per $1,000 principal amount.
The payment of fees described above shall be contingent upon the delivery of the bonds.
Bond Counsel shall be required to bill in accordance with the UNT System's Outside Counsel Billing Guidelines. Actual out-of-pocket expenses shall be eligible for reimbursement to the extent allowable under the Billing Guidelines.
The above fees do not include any special services not normally included in the legal services performed by Bond Counsel described above, such as (i) litigation; (ii) legal services involving direct responsibility for proceedings before administrative agencies including, by way of example, the Texas Higher Education Coordinating Board; the Internal Revenue Service; the Securities and Exchange Commission; and the State Securities Administrator; (iii) preparation of any prospectuses, official statements, or other materials which must be prepared in accordance with various securities laws; (iv) title examinations or title opinions; and (v) negotiating any special or unusual contracts not necessary for the issuance of bonds.
The University of North Texas System
Office of General Counsel
Outside Counsel Billing Guidelines
These guidelines are intended to give structure and predictability to the relationship between the University of North Texas System and Outside Counsel. From the University of North Texas System's perspective, teamwork is the key to quality and cost-effective legal representation. The University of North Texas System and its component institutions (collectively, UNT System) expect to be billed in accordance with the following Outside Counsel Billing Guidelines:
1) Hourly Rates. The hourly rates for each partner, of counsel, associate and paralegal working on UNT System matters shall be billed at the rates set forth in Addendum B of the Outside Counsel Contract, but shall in no event exceed $500.00 an hour.
2) Billable Time. a) The UNT System will only pay for the services of attorneys, paralegals, patent agents, and technical specialists. All time must be billed in no more than quarter hour increments, and must reflect only actual time spent. Block billing will not be reimbursed. Time entries must note the date performed, identify the legal professional performing the task, describe the task(s) completed, show the time taken to complete each task, and state the applicable hourly rate. Tasks referencing correspondence and filings must describe the document received or authored. The UNT System expects to be billed for the actual time it takes to modify standardized forms, filings, and/or correspondence for use on the matter you are billing. We will not reimburse you for the time it originally took you to prepare them. The UNT System will not pay for review, execution, and processing of the standard Outside Counsel Contract. No formula or value billing is permitted.
b) The UNT System will not pay for attorneys or paralegals of the firm educating themselves, training, or doing work of a transient nature on a UNT System matter. Each designated professional is expected to perform work of a type commensurate with his/her professional title. Without prior approval, the UNT System will not pay for more than one attorney or legal professional to perform any task. The UNT System will also not pay for duplicate review and/or analysis of documents or legal research. The UNT System's view is that the most efficient use of attorney time is to maintain continuous contact with the file so that it is not necessary to review the file to reacquaint themselves. Thus, repeated time spent reviewing the file should not be necessary and will not be reimbursed.
c) Legal research must be pre-approved by the UNT System. A request to undertake legal research should provide the UNT System with an estimate of either time or dollar amount to be expended. The need for legal research will be addressed on a case-by-case basis.
d) All conferences must describe the attendees and purpose of the meeting, and, if more than one firm member is in attendance, a justification for multiple attendees from the firm.
e) The UNT System will not pay for Administrative Staff, such as secretarial support, case clerks, and accounting and billing clerks, including but not limited to the following: overtime, file opening, file organization, docketing or other administrative tasks; preparation of billing, invoice review, budget preparation or communications regarding same or any other accounting matter.
3) Expenses. The UNT System expects you to anticipate and include expenses and disbursements as part of your overhead and, therefore, part of your basic hourly rate. Accordingly, the UNT System will not reimburse the firm for:
a) Expenses disallowed under the terms and conditions set forth in the Outside Counsel Contract;
b) Copying charges (routine, day-to-day);
c) Fax charges;
d) Routine postage;
e) Office supplies;
f) Local, long distance or cellular telephone charges;
g) Local travel within the Dallas-Fort Worth-Denton Metroplex, including mileage, parking and tolls; and
h) All delivery services incurred by in-firm staff.
The UNT System will reimburse the actual cost for the following expenses:
i) Pre-approved volume copying;
j) Overnight courier charges and third party courier services, with an explanation of the nature and purpose of the charge (i.e., why the task was not completed in a timely manner to permit reduced rates); and
k) Allowable expenses as expressly stated in Provision 5.2.2 of the Outside Counsel Contract.
All other expenses must be included within the hourly rates of the firm unless they are truly extraordinary and the UNT System advance approval has been obtained prior to incurring the expense.
4) Invoices. The UNT System expects a firm's invoices to show the same high quality and care it takes with its legal work. Professional time and disbursements should be reviewed by the billing partner and those portions that are not necessary for the legal task(s) described should be deleted before the bill is submitted for payment.
a) Invoices for legal services shall be submitted to the person designated in the Outside Counsel Contract, preferably in electronic form via email, within 10 business days of the end of the month in which legal services are rendered.
b) Each statement should indicate the UNT System institution for which the legal services were performed and the Outside Counsel Contract number under which the legal services were performed.
c) Allowable costs and expenses should be billed in accordance with the guidelines set forth in paragraph 3 above and supported by attached copies of invoices for amounts in excess of $50.00.
d) A summary sheet should be included indicating the total legal fees and expenses, the amount of the contract and the total legal fees and expenses invoiced to date.
It is the responsibility of the firm to monitor the total amount of fees and expenses invoiced under the contract. Once 75% of the contract amount has been invoiced and the remaining 25% will not cover the estimated legal fees and expenses for the remaining term of the contract, the firm should advise the UNT System Office of General Counsel (OGC) in writing requesting an increase in the contract amount and stating the reason for the additional legal fees and expenses. An amendment will be prepared for signature by the firm, UNT System and the Attorney General. Legal services rendered exceeding the contract amount are not allowed and will not be paid. It is the firm's responsibility to advise the Office of General Counsel prior to exceeding the contract limit.
If you have questions regarding these guidelines or any outside counsel matters, please contact:
Michelle Williams
Associate General Counsel
The University of North Texas System
P.O. Box 310907
Denton, TX 76203-0907
(940) 565-2717
mwilliams@unt.edu
TRD-200702266
Joey Saxon
Director of Purchasing and Payment Services
University of North Texas System
Filed: June 6, 2007